By Rachel Sawicki

MIDDLETOWN — Town residents, particularly those who live in and around the development of Dove Run, rallied for a win at a Planning and Zoning Commission meeting Thursday night.

Despite a vote of 6-1 which denied a developer’s plan for 192 garden apartments, Middletown Town Council will have the final say on the matter, and residents vowed they would gather for the first meeting of the year on Jan. 3 to oppose the development when council members would likely vote on the proposal.

Ultimately, the argument came down to what is legally allowed with the current zoning of the area, and what “morally’’ should be done to benefit the town. At a meeting on Nov. 18, several residents attended to oppose the garden apartments, mostly for traffic reasons. However, the commission stated at the beginning of Thursday’s meeting that traffic would not be discussed. A recent DelDOT traffic study for the Eastown Transportation Improvement District shows that with traffic improvements already approved for construction over the next two years, the garden apartments would not negatively contribute to traffic in the area.

Valerie Cannon, a Middletown resident, brought the issue to the table anyway, saying they should be able to discuss the things residents have issues with, especially when they will be directly affected.

“I’ve lived here for 12 years now and my decision to move where I live was based on what this community looked like,” she said. “We’re not opposed to growth, but there should be a very structured look at how we are growing.”

Middletown resident Cerese Bluemke noted that Dove Run Boulevard had only two stop signs when it was constructed, but another was added as a result of drag racing on the road. She also said it is difficult to make it through the area when it rains, and reflectors were eventually put down on the road because of the traffic going through the community.

“They put reflectors on that strip that goes down (Del.) 299 because people were hitting it all the time,” she said. “It’s people using our development as a cut-through. Do you not think that’s what those apartments are going to do? One hundred ninety-two of them — maybe one or two people easily in each apartment.”

Ms. Bluemke also expressed privacy concerns. The backyards of people who live on Mallard Way in the Dove Run neighborhood would be overlooked by the apartments if built.

“If you lived there, would you approve of that?” she said to the commission. “Would you want your kids outside not knowing who is spying on you? Legally, sure. Morally, no.”

The town zoning code states that a C-3 zoned parcel “is to create a local neighborhood, community and regional shopping and employment opportunities in an environment that provides internal and inter-parcel vehicular and pedestrian circulation, transit accessibility, and visually pleasing surroundings through the use of site design, architectural detail, form and massing, and landscaping.”

At the very bottom of the code, the last conditional use for a C-3 zoned area that may be allowed with special requirements are garden apartments.

“We understand that maybe your hands are tied and you’re thinking, ‘Our purpose is just to decide whether this is legal or not,’” Ms. Cannon said. “But your hands aren’t really tied. And I think that is the reason why many of us have come out tonight, to say our hands are not tied.”

Mark Russo, landscape architect for the planning firm Vandemark & Lynch, said they have not made any changes to the initial plans, but said there are several positive impacts, such as the number of trips in and out of the area will be fewer from the garden apartments than the shopping center.

“Another significant improvement and positive environmental impact this plan achieves is the reduction of impervious area from that of the (shopping center) by approximately two acres,” Mr. Russo said. “Which in turn will reduce the volume of stormwater that’s generated by the site, which at the end of the day is more green open space and less stormwater that is going to the pond up at the Dove Run.”

Mr. Russo added there are still some minor improvements that may be made to the development plan, including adjusting the movement in and out of the apartment complex. Additionally, the complex would offer separate garages for people who want to park their cars indoors in the winter.

Warren Wood came to Middletown when Dove Run was built and said he is not opposed to growth, but was disheartened that the town did not make residents aware of the potential for more housing in the area.

“We’re building apartments but not thinking about the community, thinking about our children,” he said. “When you build this, I want you to understand something. You’re not going to come and pick up the trash that the apartments are going to create. You’re not going to come and pick up the additional crime that apartments create… I’m not against (growth), I’m against when you are not up front and open. When you’re not, I’m always asking myself, ‘What are you hiding?’”

Since it was zoned in 2005, the lot has been vacant, as pointed out by Middletown resident Jill Winnington.

“You’re talking about the environmental footprint, but it’s not paved now,” she said. “I don’t like that argument (that this is more environmentally friendly) when it’s actually contradictory to what is going on right now. The impact right now is that it is green space and you’re turning it into something that is not.”

Chuck Longfellow, a Middletown resident since 2005, pointed out part of the town’s zoning code that states conditional use permits must not “be in conflict with the general purposes of the comprehensive plan or related town planning or development policies.” In Mr. Longfellow’s view, the garden apartments would be a conflict.

“Your comprehensive plan says on Page 42 that most Middletown residents go out of town for work, and I believe that’s still the case,” he said. “We still need jobs here in Middletown, lots of jobs, especially on the east side.”

He added the plan recommends sufficient land be zoned for commercial and industrial uses to attract new employers and retain existing ones.

“The town has already done that with this parcel,” Mr. Longfellow said. “I also want to point out that if you look along (Del.) 299 from (Del.) 1 to the downtown area, the town has done a great job of enforcing a setback between 299 and residential areas where we do have employment, where we do have business, and that’s great. I think we should keep that up. That is consistent with the comprehensive plan.”