On Tuesday, August 18, the City of Milford Planning Commission denied requests from Knight’s Crossing that will now require the developer to redesign the Phase I proposal. City Planner Rob Pierce explained that the original development had been approved in 2020 for 87 single-family detached condominiums and 30 townhouses. A revised plan was approved in 2022 for 87 single-family detached condominiums and 35 townhouses with final approval for two phases issued in 2024.
“Everyone who is here has a general understanding of the difference between this planned unit development and the one that was considered and approved in 2020,” David Hutt, an attorney with Morris James who represented the applicant, said. “Initially it was 117 units, and then it became 122 units with a. mixture of single-family detached homes and some townhome condominiums. What is involved here tonight is basically 60 acres with lands on the north side of Cedar Beach Road and, on the south side, about 41 acres.”
The applicant was requesting a conditional use approval for a planned unit development (PUD) in order to construct 344 townhouse condominiums, 78 apartment units and almost 20,000 feet of commercial space. They were also seeking 12 waivers related to right-of-way, dead-end street configurations, parking setbacks and yard setbacks. A public hearing was held for the requests.
“I am clutching my pearls on this one,” Jennifer Cinnelli Miler, who stated she was a former state planner for DelDOT and former task force member for the Office of State Planning, said. “I did when they first came in with 122 units in 2020. That was actually easier to swallow. I am not against growth. I am not against the planned unit developments. I thought Simpson’s Crossing was the worst thing I’d seen because it was in my backyard. This tops that by far.”
Cinnelli Miller read from the PLUS notes from DNREC in which they noted a risk of flooding and sea level rise.
“We’ve had record flooding in Milford just this year, folks,” Cinnelli Miller continued. “If you can’t see the pervious surface going down, I don’t know what to say to that. DNREC records indicate contamination has occurred on those sites, so you’re going to have people buy these parcels without prior knowledge there has been contamination. I want to know how school buses are going to get through there.”
Another safety hazard Cinnelli Miller pointed out was that there would be a mid-block crossing that would allow residents on one side of Cedar Beach Road to cross to community amenities. Kirk Hamza questioned whether the commission had looked at the electric grid to be sure it could handle an additional development. He also asked about the school district’s capacity to handle more children and whether the fire company could get trucks in and out of the development.
“Each of these applicants would speak to that, but the state fire marshal’s office will review every project for compliance,” Pierce said. “As for the electric, the city anticipates demand for water, sewer and electric at the time of annexation and the developer must cover the costs of any upgrades. The school district would have to answer question about capacity.”
Brenda Watson expressed concerns with the apartments proposed for the development.
“We currently have the apartments which I highly opposed in Winward when they were approved because it continues to change the character of our neighborhood,” Brenda Watson said. “I. have lived here for 29 years and I continue to see growth in Milford. There are certain areas that these properties are not suited for and this is one of them. It continues to have a negative impact on my property values. It continues to put a strain on the infrastructure for that area.”
Watson pointed out that the area was in a housing crises because houses were being built too quickly and too fast.
“After hearing the developer and attorney speak tonight, I have even more concerns with this PUD,” Julie Morris, who gave an address on Cedar Beach Road, said. “Beaver Dam Road floods during every heavy rain. My family owns property downstream from Knight’s Crossing. We own the other side of the bridge and the applicant has acknowledged portions of this property are already within the flood zone.”
Morris pointed out that this area was already prone to flooding and that it had poor water quality. The setbacks on Cedar Beach Road would impact DelDOT from any future byway expansion plan, she commented. Morris also reminded the applicant that there were former cemeteries in the area which may contain unmarked graves, requiring an archaeological study.
“The state spent a considerable amount of time on a shared use path along Cedar Beach Road and the final feasibility study said they did not recommend any improvements to Cedar Beach Road,” Morris said.
In fact, the feasibility study did recommend changes to Cedar Beach Road, but indicated they were not urgent. Until those upgrades were completed, DelDOT did not feel a shared use path would be feasible.
“I heard exactly zero about the monies owed to Milford over this development,” Morris said. “About $500,000 is owed to the city of Milford for this development already. Where is that? Has that been discussed?”
As for the first waiver, Planning Commission voted four to zero to deny the request for a right-of-way width of 50 feet rather than 60 feet. For the second waiver, the commission voted to deny a pavement width of 30 feet as opposed to 38 feet with a. vote of four to zero. The commission voted to deny a request for a turnaround to be a “T” rather than a cul-de-sac.
A waiver requesting the length of a dead-end street to be no longer than 400 feet, but instead allow it to be 630.7 feet, the commission approved that waiver request. As for the waiver requesting a reduction in block width from 275 feet to 251 feet, the commission approved that request. A waiver to reduce the front back for two corner lots was also denied with a vote of two to two.
A request to reduce the minimum parking setback from 15 feet to zero feet for several lots was also approved by a vote of four to zero. A waiver to reduce a front yard setback from 30 feet to 20 feet was approved with a vote of three to one as was one that reduced the setback in front yards for the townhouses.
A waiver to increase lot coverage for the townhouses from 60% to 70% was also approved with a vote of four to zero. A request to waive the requirement that a building be 35 feet or less and allow for a 48-foot building was also denied with a vote of two to two. The final waiver, increasing the number of apartments from 24 to 26 units was approved.
When it came time to vote for the PUD for Knight’s Crossing, the commission denied the request based on the denials of many of the waivers needed to bring the project into compliance. Later in the meeting, the commission denied a request for final approval of the Phase I plan for Knight’s Crossing as the waiver denials required the developer to revise the plan.
The plan will now go before Milford City Council who can override the recommendation of the Planning Commission by a super majority vote.
