Planning commission recommends rezoning for 258-acre PUD near Sawmill Parkway despite resident concerns about possible motorsports use

The City of Delaware Planning Commission on Wednesday recommended that City Council approve a rezoning that would convert about 257.97 acres on the southwest corner of Sawmill Parkway and U.S. 42 from agricultural and light-industrial base districts to a commercial planned unit development (PUD).

The rezoning (PUD-25-1), requested by Daniels Hinkley Housing LLC, was approved by the commission with five votes in favor and one opposed. The commission's recommendation now moves the application to City Council for public hearings and final action; the first council reading was set for Feb. 10 and the public hearing for Feb. 24, according to staff.

Staff told the commission the PUD stage sets permitted uses, site buffers, primary access points and other zoning controls; later development plans would be required for specific buildings, roadway work, stormwater and landscaping. The conceptual plan presented to the commission divides the site into nine subareas with a primary internal access road and proposed connections to Sawmill Parkway and U.S. 42. Staff said a traffic-impact study (TIS) would be required for the entire 257.97-acre site and that any needed roadway improvements identified by the city engineer would be the applicant's responsibility.

Commissioner Anna (staff) summarized several staff-recommended conditions included in the draft resolution: master-planned stormwater for the full PUD footprint rather than separate ponds for individual users; a minimum 40-foot setback from U.S. 42, a 30-foot setback from Sawmill Parkway and a minimum 50-foot buffer on the south and west boundaries of subarea F adjacent to township lots not in the city; and limits on full-access driveways (a maximum of one full access onto U.S. 42, with other access subject to the TIS and city engineer approval). The staff report also said the PUD uses were drafted to align with the Southwest Focus Area Plan and the Southwest Overlay District adopted by City Council in 2024.

The applicant's representative, Brian Reynolds, thanked staff and said the submission is an early conceptual step: "I would anticipate that likely we'd be back to discuss each of these sub areas separately," Reynolds said, adding the eastern side of the site would likely develop first based on access to Sawmill and U.S. 42.

Members of the public used the rezoning public hearing to press the commission on possible motorsports uses mentioned in the applicant's letter of intent. Several neighbors said the idea of a racetrack near existing small farms and horse properties raised concerns about noise, hours of operation, light pollution and effects on livestock.

Rhonda Lozier, 2979 South Section Line Road, said the proposed southern subarea would abut her property and asked about setbacks, noise and notification. "We're concerned about the set backs. We're concerned about the noise. We're concerned about the light," Lozier said, noting recent tree removal along Sawmill Parkway had already increased visibility and light.

Trent Ottery of 4095 Maynard Road, who said he lives in the Section Estates neighborhood of about 52 homes with many small horse farms, told the commission: "The noise for that kind of environment will be a big concern. Horses are skittish. All animals are skittish." Several speakers also said notices arrived late or with incorrect meeting dates; staff acknowledged an error in the notice template and said the template was corrected and supplemental outreach done via social channels.

Planning staff addressed public concerns about noise and buffers in detail. Staff noted the city updated its noise ordinance last year and that compliance is enforceable through the criminal code: police officers may measure decibel levels and issue warnings or citations if sites exceed allowed levels. Staff also said they would require vegetative mounding and evergreen plantings as part of the minimum 50-foot buffers on the south and west edges of subarea F to provide both visual and audio screening. "We will continue to ensure as staff that there are appropriate conditions in any future approvals relating to sound, light, and other sort of nuisance provisions," staff said.

Commissioners debated whether some of the proposed uses fit the SWA-3 innovative business campus designation on portions of the site. Commissioner Prowl voted against the recommendation, saying he was concerned about whether certain entertainment and motorsports-type uses reflect the intent of "innovative business campus" zoning. Other commissioners said the permitted uses proposed are already allowed or conditionally allowed under the Southwest Overlay District use table and that the rezoning is an appropriate, early step; final details and operational restrictions (hours, noise mitigation, policing, emergency-service coordination) would come with future development plans.

The commission recorded the vote as follows: Stelzer, Stroud, Nana, Vice Chair Hoffman and Chairman Simpson voted yes; Commissioner Prowl voted no. The commission's recommendation now goes to City Council for hearings and final action.

Next steps: if Council approves the rezoning the applicant must submit development plans for each subarea; those plans would include specific site design, access control, stormwater management, buffering, noise and lighting mitigation and any hours-of-operation restrictions. Staff told the public the city can and will add conditions on development plans such as hours of operation, limits on sanctioned events, and coordination with police and fire for large events.

Votes and outcome Motion: Approve PUD-25-1 (rezoning to commercial planned unit development), recommendation to City Council. Mover: Councilman/Vice Chair Hoffman. Second: Commissioner Stroud. Vote: Yes — Stelzer, Stroud, Nana, Vice Chair Hoffman, Chairman Simpson (5). No — Prowl (1). Outcome: recommendation to City Council (approved by Planning Commission).