Arbor Lyn developer files new zoning applications

After receiving a negative reaction from Sussex County Planning and Zoning commissioners, the developer of a proposed mixed-use housing project along Warrington Road withdrew the first applications and came back with new filings in line with what officials suggested.

Lockwood Design and Construction Inc. has filed for a rezoning from agricultural-residential, AR-1, to medium-density residential, MR, and a conditional-use application for multifamily housing on a 35-acre parcel for the 202-unit Arbor Lyn community.

The original rezoning application requested a change from AR-1 to HR-1, high-density residential, which allows up to 12 units per acre.

Commissioners were concerned that if Arbor Lyn did not materialize as planned, the upgraded zoning would stay with the parcel. Under the developer's site plan, the density is less than half the amount allowed under HR-1.

Commissioners told the developer the same project could be built under MR zoning; the developer withdrew the application and refiled it before it came up for a county council vote.

“The material is the same. The only change is the zoning classification,” said Gene Bayard, the attorney representing the developer, during the commission's March 24 public hearing.

He said the commission's message was loud and clear. “And that's where we are this evening,” he said.

The site plan includes 60 single-family lots and 60 apartment-style condominiums and 82 townhouses for a total of 142 multifamily units. The homes would be marketed to those 55 and over and people seeking second homes.

Bayard said the proposed community is in a growth area that has seen about a dozen zoning changes and approved conditional-use applications over the past 15 years. “This project is following the trend of development in the area,” the attorney said.

He called the proposed project an in-fill that is consistent with zoning of other nearby communities.

Concerns: Trees and traffic

Bayard said several area residents have expressed concerns about the loss of trees from the wooded parcel. He said as many trees as possible would be preserved during construction, including trees for a forested buffer around the perimeter of the property.

He said the owner could clear cut the parcel for timber, convert it to farmland or even put up poultry houses. “That's his right, but he has chosen not to do that,” Bayard said.

“A surveyor will be on-site to protect as many trees as possible,” said developer Don Lockwood.

Residents who spoke in opposition to the applications said they were surprised no changes had been made to the site plan. “They have not taken any of our concerns into consideration,” said Steve Dolnack, who lives in Estates of Sea Chase, an adjoining community to the parcel.

“A lot has changed the last 20 to 25 years and to compare this to adjacent communities is ludicrous,” he said.

Traffic has been another topic of discussion by residents in the area who say the area is already a congested area, especially on weekends and summer months. The nearby Old Landing-Warrington Road intersection is rated as a failing intersection on summer Saturdays by state transportation officials.

C.J. Bailey, who lives along Warrington Road across from the parcel, said turn lanes would improve traffic flow and make driving safer. He noted that other developments in the vicinity have dedicated turn lanes.

John Barwick, representing the developer, said once the design phase gets underway, state transportation officials could require turn lanes.

Bayard said the developer would be required to contribute funds to improve the intersection at Old Landing Road and Warrington Road.

Harvey Grider, a spokesman for Sterling Crossing Homeowners' Association, said its members were not against people coming to Sussex County. “We are against growth without improved infrastructure,” he said. “The roads in this area have to be improved.”

Paul Berger, an Estates of Sea Chase resident, said the proposed project is another example of haphazard development in Sussex County. “And even with improvements, it will not stop the number of cars on the road,” he said.

Rob Baur, president of Sea Chase Condominium Association, said an entrance onto Route 24 would help ease congestion. The proposed entrance to the community is along Warrington Road.

The public record is available in the county's planning and zoning office from 8:30 a.m. to 4:30 p.m. Monday through Friday.

Commissioners voted unanimously to defer a vote to a future meeting. County council has not yet scheduled a public hearing.

DelDOT: Signal is option for failing intersection

In a March 7 report regarding the proposed Arbor Lyn and Osprey Point subdivisions, state transportation officials have outlined options for work at two key intersections – Old Landing Road – Warrington Road and Route 24, Warrington Road – Plantation Road.

Delaware Department of Transportation officials say they have no plans to improve the Old Landing Road/Airport Road intersection.

An improvement project – including turn lanes and road widening – at the Route 24 intersection is scheduled for fiscal years 2018 and 2019.

However, no immediate project is planned for the Old Landing –Warrington roads intersection. The intersection is classified as failing based on traffic counts on Saturdays during the summer season. The average delay time is more than 50 seconds for motorists.

Among the options are a traffic signal, roundabout, new connector road or improving the current all-way stop. Developers in the immediate area would be required to provide funds for road improvements.

DelDOT officials said based on traffic volume, a traffic signal is now warranted for the intersection. “It's not imminent,” the report stated. “DelDOT will continue to evaluate the intersection to determine if a signal if the best option. The installation of a signal should not be assumed.”

With the signal option, a southbound right-turn lane and a northbound left-turn lane would be added on Old Landing Road. Officials said with that option, the level of service of the intersection would improve and it would no longer be classified as failing.

In the interim, DelDOT officials said, the current eastbound left-turn lane on Warrington Road should be extended nearly 500 feet to 605 feet to help ease backups. Developers would be required to fund the interim project. Final improvements would be done as part of a future DelDOT capital project.