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Council approves Cleveland Station Section 2 rezoning, subdivision and site plan for 30-unit townhouse development

October 27, 2025 | Newark, New Castle County, Delaware


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Council approves Cleveland Station Section 2 rezoning, subdivision and site plan for 30-unit townhouse development
City of Newark Council on Oct. 27 approved comprehensive development plan amendments, rezonings and a major subdivision to add what the city and applicant describe as Cleveland Station Section 2 — a townhome-style apartment project that will add 13 three-story, four‑bedroom units and bring the combined site to 30 units.

The approvals include amending the future land use for 67 West Cleveland Avenue and parcels on Church Street to Residential High Density, rezoning the parcels to RM (multifamily dwellings, garden apartments) and granting site-plan approval for the subdivision and associated relief from several area requirements in the zoning code.

Renee Bensley, director of Planning and Development, told council the proposal includes demolition of three single‑family houses and that the plan requires a cash payment in lieu of parkland because the lot is too small for active recreation. "The director of parks and recreation requires the developer pay $700 per unit for a total of $9,100 for cash in lieu of land," Bensley said. That payment will be memorialized in the subdivision agreement.

The city report describes the project as 13 townhouse‑style, three‑story buildings with 4‑bedroom units and a total density of about 18 units per acre for the newly proposed parcels. Planning staff said the development meets Chapter 27 (subdivisions) and Chapter 32 (zoning) requirements except where the applicant requested specific dimensional exceptions that council must weigh against the site‑design standards in section 32‑97.

John Tracy, attorney for the applicant, and developer Kevin Heitzenroeder presented renderings and explained the proposal is intended to match the existing Cleveland Station architecture. Tracy said the Planning Commission recommended approval, voting 7–0 on the plan amendments and rezonings and 6–1 in favor of site plan approval. He emphasized the proposal continues an existing development pattern near University of Delaware properties and nearby multifamily projects.

Resident Charlene Tucker of 43 Church Street told council she regularly has difficulty exiting and entering her driveway because vehicles park on the narrow street during parties. "They're young adults. They're not gonna do what they're not gonna park when their people come over," she said, asking the city for signage, enforcement and a solution to avoid being blocked in.

Kevin Heitzenroeder, the developer, told Tucker he would provide his cellphone number and that Cleveland Station units will not be eligible for the city's special residential parking permits. "You call me. I'll be there in 5 minutes," Heitzenroeder said. Planning staff also said the units and their guests will be ineligible for street parking permits, and the city said it will check signage and consider moving Church Street up the enforcement rotation.

On parking, the plan requires 90 spaces (two per unit plus one extra for units with more than three bedrooms) and proposes 109 spaces, including garages, driveways and small surface lots; staff noted an earlier site‑plan count omitted six spaces added when 67 West Cleveland was included. The applicant also added on‑site visitor parking and an additional small lot off Cleveland Avenue.

Council members who discussed the application said the project generally fits the existing pattern on this part of Cleveland Avenue and that the architectural design and site layout should reduce off‑street partying that can spill into adjacent neighborhoods. Several council members urged prompt enforcement responses to resident complaints.

Council moved three motions and approved all three items 6–0: (1) the comprehensive development plan amendments; (2) the rezonings to RM; and (3) the major subdivision by site‑plan approval. The subdivision agreement will record required conditions, including the $9,100 cash‑in‑lieu payment for active‑recreation dedication.

The developer and planning staff said final building and grading plans will be reviewed during the lines-and-grades and building permit phases, at which time compliance with the 2018 ICC building codes will be verified.

Council concluding remarks noted staff will verify signage and enforcement on Church Street and follow up if the resident's concerns persist.

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