Sussex P&Z recommends denial of Belle Terre

A zoning change for a proposed medium-density subdivision near Lewes was recommended for denial by the Sussex County Planning and Zoning Commission.

At its Aug. 25 meeting, commissioners voted 3-0 to recommend denial of a rezoning application filed by Sussex Real Estate Partners LLC for the proposed 378-unit Belle Terre community off Mulberry Knoll Road.

Sussex County Council will have the final vote on the application at a future meeting.

Commissioner I.G. Burton, who made the motion to deny, said the proposed density of more than 3 units per acre was not compatible with the density of other communities in the area that average about 2 units per acre. He said the commission had the option to approve rezoning with a lower the density, but the new zoning would remain. “I am really concerned about creating new MR zoning along this area of Mulberry Knoll Road where none currently exists, and there is a lot of undeveloped property,” Burton said.

The developer wants to rezone a 124-acre parcel from AR-1, agricultural-residential, to MR-RPC, medium-density, residential planned community, for a 124-acre parcel on Dorman Farm Lane southwest of Mulberry Knoll Road. The preliminary site plan shows 378 units – 200 single-family lots and 178 duplexes. The parcel contains 11 acres of wetlands, 55 wooded acres and 58 uplands acres.

The parcel is located adjacent to the new Love Creek Elementary School along Route 24 and the site for the new Troop 7 along Mulberry Knoll Road.

A wooded section of the parcel is included in the Love Creek Natural Area. In its August 2015 review of the project, Delaware Department of Natural Resources and Environmental Control officials urged the applicant to consider limiting development to the farm acreage and not removing any wooded sections on the parcel. According to the state's preliminary land-use service report, 37 acres of the parcel's 55 wooded acres would be cut down.

Burton said according to the county's comprehensive plan for land in the environmentally sensitive developing area overlay zone, the current AR-1 zoning at 2 units per acre is appropriate. “There is no suggestion or directive that MR zoning is a more appropriate zoning for this property,” he said. “The plan suggests that most of the environmentally sensitive developing area should continue to allow two homes per acre.”

He said while the proposed density is less than the maximum allowed under MR zoning, the higher-density zoning would remain with the land even if the project did not proceed. “As a result, the county must look at the MR zoning, and its maximum permissible density of 4 units an acre, when considering this application,” Burton said.

The commission was also concerned about a precedent that could be set. “It would be the first large parcel rezoned to MR with access to Mulberry Knoll Road and could establish an unwanted precedent for other future MR rezoning applications on other nearby undeveloped properties in this area,” he said.

During his testimony, Jim Fuqua, the applicant's attorney, contradicted the commission's findings. He said the parcel is located in a designated growth zone with central sewer and it should not be limited to the same density as a rural AR-1 parcel not in a growth zone. He said county engineers have assigned the parcel a maximum sewer capacity of 4 units to an acre. “The county planned for higher density in this area,” he said.

Burton compared the project to one approved by the county in 2014. The Saddleridge development along Route 24 and near the proposed Belle Terre project was approved for 81 homes on 37 acres for a density of 2.16 units per acre, a commission- and council-imposed reduction from 118 homes with a density of nearly 3.2 units per acre sought by the applicant.

“And Saddleridge was located in an area with direct frontage onto Route 24, unlike the Belle Terre project which only has access via a 50-foot-wide easement onto Mulberry Knoll Road,” Burton said.

Commissioners Burton, Marty Ross and Chairman Bob Wheatley voted for denial. Commissioners Mike Johnson and Doug Hudson recused themselves because they were not present at the public hearing. The commission's public hearing took place on April 28 and the council's hearing was June 28.