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Planning commission approves lot consolidation on Atlantic Avenue, conditioned on engineer recommendations

Ocean View Planning and Zoning Commission · November 21, 2024
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Summary

Ocean View's Planning & Zoning Commission approved application P354 to consolidate four Atlantic Avenue lots into a single parcel, making approval contingent on the town engineer's written recommendations; neighbors raised traffic and wetland-disturbance concerns that staff said DelDOT and a wetland report will address.

The Ocean View Planning and Zoning Commission approved a lot-consolidation application (P354) for four parcels on Atlantic Avenue, concluding that the consolidation may proceed provided the final plan satisfies the town engineer's written recommendations.

The application, filed by Atlantic Promenade LLC and listed in the record as submitted by Rick Laurance (identified in the application as a manager-member of Atlantic Promenade LLC and who later introduced himself at the meeting), would merge four CB-1-zoned lots into a single lot. Town planning staff summarised mandatory plan revisions including a location map, a site-data column showing applicable CB-1 dimensions, depiction of building setback lines and a required 10-foot easement (referenced in the staff comments), topographic contours, and a wetland investigation and buffer delineation. Town staff warned that "disturbance of any protected Wetland may not be in compliance with state and federal Wetland protection requirements" and said the investigation report must address observed site disturbance and mitigation as required by state or federal law.

Nearby business owner Mike Kemp told the commission he is concerned about left turns from his driveway onto Atlantic Avenue and described "a lot of near misses"; planning staff replied that Atlantic Avenue is under the jurisdiction of the Delaware Department of Transportation (DelDOT) and that any access changes will be reviewed by DelDOT and will require a letter of no objection as part of future land-development review. A neighbor, who gave his name in the record as Thomas (surname recorded as 'tle Anthony'), said he lives roughly 25 to 30 yards from the proposed site, cited several collisions at the nearby corner ("about four or five accidents this past summer, one almost fatal"), and said he had not received notice about recent clearing on the site. Staff reiterated that the current filing is a lot-consolidation action and that any development proposal will come back for formal review and public notice.

A commissioner moved to approve P354 "for the consolidation as set forth in the application" on the condition that the final plan conform to the town engineer's recommendations; the motion was seconded, taken by voice, and reported as passing with five votes in favor. The approval applies only to the consolidation; required engineering, wetland, and agency approvals must be completed before separate land-development approvals are granted.

The commission record includes specific technical directions for the applicant: show the 10-foot easement and building setbacks on the plan; provide topography at appropriate contour intervals; submit a wetland investigation per the town code; identify and depict any denial-of-access easements; and update the plan to reflect recent demolition and grading. Planning staff noted that because the consolidation does not create more than five lots or a new public street it may be acted on at a single meeting, but final plan conformity with staff conditions is required.

The commission did not at this meeting review or approve any development plans for the consolidated lot; staff said those proposals will return to the commission for preliminary and final plan review, and any DelDOT access approvals and wetland mitigation will be settled in subsequent reviews.