CVS/Whiteman's Garage

The Dempsey Family that owns Whiteman's Garage is currently exploring the sale of their property, possibly to CVS. The property is zoned for Commercial use but has a deed restriction that says the property must be an automotive service center.

The Greater White Clay Area Civic League (GWCACL) has been created from the old Henderson Hill Civic League as an Civic Umbrella Group to organize the area. GWCACL created a focus group to comprise a list of new PRIVATE deed restriction to replace the PUBLIC deed restriction that states the land may only be used for a automotive service center. At this time the focus group has voted in favor of lifting the automative service center deed restriction and replacing it with their negotiated private deed restriction.

1998 Changes

1998 Planning Board Recommendations

1998 Deed Restriction Changes

2015-16 Activity Filed with New Castle County

September 16, 2013 - GWCACA CVS Update

September 18, 2013 - Hockessin Community News

White Clay community weighs its options ahead of Whiteman's sale

December 3, 2014 - The News Journal

CVS takes plans to community near Pike Creek

December 4, 2014 - Public Meeting @ Independence School

Meeting Notes

Building design and Private Deed Restrictions aproved by the GWCACA CVS Focus Group

July 27, 2015 - CVS files with NCCo to lift the deed resection on the property which limits the use of the property to a auto mechanic.

Aug 19, 2015 - CVS / Whitemans Garage Meeting

St. Rep. Joe Miro is holding an informational meeting about the CVS petition to remove the Deed Restrictions from the Whitemans Garage property. Wednesday, Aug. 19, 7:00 PM, at the Hockessin Fire Hall.

The News Journal : Meeting on contentious Pike Creek CVS planned Wednesday - Published Aug 18, 2015

Meeting Minutes from Aug 19th meeting.

Aug 19, 2015 - From the office of Janet Kilpatrick (County Council 3rd)

Public Meeting Information on the CVS Deed Restriction Amendment

Sept 17, 2015 - Pike Creek Civic League Meeting

Notes from Sept 17 PCCL Meeting

New Castle County Planning Board

October 6, 2015 - Public Meeting for CVS/Whiteman's Deed Restriction Amendment

November 17, 2015 - Business Meeting for CVS/Whiteman's Deed Restriction Amendment

Business Meeting

• Third Tuesday of the month
• New Castle County Government Center 87 Read's Way, New Castle, DE 19720
• Meetings start at 9 a.m.
• There is no public comment period at business meetings

Business Meeting Results

• The Planning Board Voted 4 - 3 against recommending the deed restriction change
• 286 resident comments against the change
• 24 comments in favor of the change
• News Journal Write-Up on the Business Meeting

October 2016

In October 2016 the applicants requesting the change in the deed restrictions decided to go before council despite the negative recommendation from the Planning Board. Councilwoman Janet Kirkpatrick released the following:

My office has received notice that the applicant for the CVS/Dempsey project has decided to proceed through the New Castle County Land Use process, and as such, this project is set to come before New Castle County Council for a vote.

As you will recall, the November 2015 recommendation by the Department of Land Use, with the concurrence of the Planning Board, regarding the amendment of the deed restrictions to add a pharmacy as an acceptable use for the property was denial.

According to the New Castle County process for deed restriction amendments, notwithstanding the outcome of the Department and Planning Board's vote, the applicant has the option to bring the issue before Council for a final vote. The applicant has decided to exercise this option and notified the Clerk of Council that they will move forward at the October 25, 2016 Regular Meeting of New Castle County Council. Because the applicant has had a "denial" from both the Department of Land Use and the Planning Board, nine (9) votes (out of 13) from Council in favor of the project are required to pass the deed restriction change.

Council will hear this application twice. Both hearings are open to the public, provide an opportunity for public comment and all interested parties are encouraged to attend.

The first hearing will take place in New Castle County Council's Land Use Committee Meeting on Tuesday, October 18, 2016 at 3:00 p.m. in the 8th Floor Council Conference Room of the City/County Building, 800 N. French St, Wilmington, DE 19801. The second public hearing will take place at the Regular Meeting of County Council on Tuesday, October 25, 2016 at 6:30 pm in the 1st Floor Council Chambers, also located in the City/County Building. During these hearings, there will be a presentation by the applicant, discussion among Council members and the floor will be opened for public comment. The protocol during Council's public comment period is that each member of the public wishing to speak on the project is provided up to three (3) minutes for comments. This time constraint is enforced using a timing system, so please be aware of this when preparing remarks.

If you have any questions regarding this process, please do not hesitate to contact me at jkilpatrick@nccde.org or (302) 395-8343 or my Aide, Nellie Hill, at nhill@nccde.org or (302) 395-8363. Additionally, please feel free to pass this notice along to those who may be interested in attending either of the scheduled hearings.

Janet Kilpatrick

3rd District New Castle County Council Member

800 N. French St. - 8th Floor

Wilmington, DE 19801

In addition there was an October 12, News Journal Article.

CVS Approved by County Council on October 25, 2016

County Council voted on October 25, 2016, with the required super majority of 9-3 (with one not voting) to amend the Deed Restrictions on Dempsey's Garage to allow a CVS to be built on the property. Our Council Representative Janet Kilpatrick and the Councilwoman of the Dempsey's Garage property voted in the minority to uphold the current deed restriction.

October 26 Article in the News Journal.

Statement from Rep Joe Miro (Pike Creek - 22nd)

New Castle County Council approves deed restriction change to allow for a new CVS Pharmacy at Paper Mill and Corner Ketch Roads

Rep. Miro would like to advise constituents that New Castle County Council has voted in favor of a deed restriction change that will allow for a CVS Pharmacy to be built on the Dempsey's Garage property at Paper Mill Road and Corner Ketch Road.

Last night, the council approved the change in zoning by a vote of 9-3, with one abstaining. New Castle County Councilpersons Janet Kilpatrick, Lisa Diller and Dave Tackett were the three "no" votes.

Rep. Miro, along with other area legislators - Senator Dave Sokola and Reps. Mike Ramone and Paul Baumbach - submitted a letter to council members expressing their opposition to the proposal. The letter cited broad community opposition to lifting the deed restriction and it was read into the record by Rep. Miro at last night's meeting.

Rep. Miro would like to thank the community members who attended the council meeting and for the numerous phone calls, letters and emails to his office from constituents who expressed their concerns with allowing a pharmacy to be built at that intersection.