The City Council rejected a controversial plan that would have limited zoning on the 94-year-old club’s 120-acre property. The club, which has seen membership drop from over 400 six years ago to 285 currently, is considering options that could include moving over the border into Maryland, in addition to pursuing possible development.
A controversial plan to restrict development on the Newark (Del.) Country Club’s 120-acre property was rejected on November 9 by the Newark City Council, the Wilmington (Del.) News-Journal reported.
Officials for the club, one of the largest contiguous open spaces in the city, are considering selling and developing the land, the News-Journal reported. Some on the Newark City Council sought to restrict the number of homes that could be built on the property by rezoning the land, but council members rejected the effort, largely over fears of a lawsuit from the club.
“The likelihood of litigation definitely outweighs the benefits,” said Councilman Robert Gifford, explaining his vote to reject the rezoning.
The land’s current zoning allows for 271 homes to be built, and the proposed zoning would have reduced that to 112 homes, the News-Journal reported. Shawn Tucker, an attorney for the club, said the change would reduce the land’s value by $7 million.
The issue had already generated one lawsuit (http://clubandresortbusiness.com/2015/10/07/newark-del-cc-sues-city-over-zoning-restriction/), which claimed that the rezoning proposal was not properly introduced into City Council’s business. The lawsuit, filed by the club in October, claims the city did not give legally required notification that a proposal to rezone the club’s property would be created at the council’s August meeting.
A vote to create the rezoning ordinance was taken at that meeting, but was not explicitly advertised on the agenda for the special meeting, the lawsuit claims. Tucker told the News-Journal that the city would have been sued again if the rezoning plan had been approved by council at its November meeting. The rezoning would constitute an illegal taking of the property’s value, he argued, describing the proposal as a gun to his client’s head.
“Intentional constitutional violations of property rights have consequences in this state,” Tucker said. “There is no reason this body should risk that.”
City officials have long been pressured by neighbors to limit development of the property, because of concerns over traffic and loss of open space, the News-Journal reported The issue has been a regular discussion during city election seasons.
Councilman Luke Chapman said neighbors of the course want impacts to traffic and other city infrastructure reduced, the News-Journal reported. “What I heard from constituents at the doors is that they need and want City Council to be proactive,” Chapman said in explaining his support of the rezoning.
The city’s administration planning department recommended that the rezoning occur so future development would lead to less stress on city roads and utility infrastructure, the News-Journal reported. Mayor Polly Sierer voted in favor of the failed rezoning plan.
Councilwoman Margrit Hadden said the rezoning would have seen future development of the course have less impact on traffic and preserve more open space neighbors have come to enjoy. “I am compelled to do what I can to protect the integrity of the surrounding community and reduce strain on the city’s infrastructure,” Hadden said.
Councilman Stu Markham said he hopes rejection of the rezoning will see the club come back to council with ideas to preserve as much open space as possible on the property, the News-Journal reported.
Other golf course owners in Delaware’s New Castle County have been looking to cash in on the development potential of their property, the News-Journal reported. Owners of the Brandywine Country Club property recently announced that a development proposal was imminent for that property. New Castle County Council has introduced legislation to create a new open space zoning category that could be applied to large pieces of open space, like golf courses, to prevent development.
Dennis Barba, President of Newark CC’s board of directors, said the club is looking at options for developing the property or staying put, the News-Journal reported. One option is moving to a property four miles away in Cecil County, Maryland, where the club nearly relocated before the national housing crisis in 2008.
The city approved a 271-unit plan for the club’s current property under current zoning in 2008, but that was never developed as the recession took hold, the News-Journal reported.
Newark CC opened in 1921 and includes a golf course, pool and restaurants. Membership has gone from more than 400 six years ago to the current 285. Barba said the demographics of Newark, where the University of Delaware is located, have shifted to a more student-focused population in the city. He said the club’s survival may depend on building new facilities funded by selling the current property.
“All options are on the table,” Barba said after the council meeting.
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