Share: 

Former Sussex council attorney opposes rezoning

Developer has plans to expand Route 9 business parcel
January 8, 2018

Story Location:
18412 The Narrow Road
Lewes-Georgetown Highway
Lewes, DE
United States

Sussex County Council's former attorney spoke in strong opposition to a developer's plan to rezone a parcel along Route 9 near Lewes.

Jim Griffin, who lives in Stillwater Farm, across from the property, said approval would lead to a wall of commercial development on land zoned for agricultural and residential uses. It would also create more traffic on an already heavily traveled road, he said.

Developer Dale Lomas of Seashore Highway Associates LLC has filed an application to rezone a 4-acre parcel on the north side of Route 9 near the Josephs Road intersection from AR-1, agricultural-residential, to CR-1, commercial-residential. The applicant has plans to use the property to expand Building Supply Depot, located on the adjacent parcel.

The zoning is consistent with other commercial activities in the area, said Mark Davidson, land planner with Pennoni Associates, representing the developer.

He said if the application is approved and expansion plans more forward, state transportation officials may require a traffic impact study.

Griffin said county officials are under no obligation to rezone the parcel just because the adjacent property is zoned commercial. He said the parcel is in a low-density area, not in a growth area and because it is in a state Level 4 area, infrastructure investment by the state is at the lowest priority.

“The applicant has given a tortured interpretation of the standard when determining when commercial is warranted,” Griffin said. “There should have been some consideration for what is allowed in an AR-1 district and the purposes of that district.”

He said the idea that commercial zoning is appropriate for the parcel is an assumption by the applicant. “But it's not what the code and zoning says,” he said. “An incorrect assumption has been made that land on a major road gets to be CR-1.”

Griffin said the area within 1,000 feet of the parcel contains 44 single-family homes and 60 manufactured homes and by contrast five or six businesses. “The commercial history of parcels approved many years ago with some commercial creep on the north side [of Route 9] is not a good argument for more commercial,” he said.

Griffin said there is remaining land available for expansion without rezoning the parcel.

“The history of adjacent properties has always been a powerful factor especially when the adjacent zone is the same class being sought. That often becomes compelling, and that's what makes this difficult,” said Commissioner Bob Wheatley.

But, he said, Griffin made as good an argument as ever presented to the commission against that precedent.

The commissioners deferred on a vote to a future meeting. County council's public hearing is scheduled for 1:30 p.m., Tuesday, Jan. 23, in the county administration building, 2 The Circle, Georgetown.

 

Subscribe to the CapeGazette.com Daily Newsletter