Burton's Pond developer seeks 100 townhouses

After getting approval for 265 single-family homes, developer Burton's Pond LLC has filed a conditional-use application for a second phase across the road – 100 multifamily townhouses on a 31-acre parcel of medium-density-residential land, MR-1, along Route 24 at the Sloan Road intersection.

During Sussex County Planning and Zoning Commission's April 7 public hearing, several residents who live adjacent to the parcel said townhouses are out of character with their communities of single-family homes.

Zac Crouch, an engineer with Davis, Bowen and Friedel, told the commission the proposed project is unique because nearly two-thirds of the parcel would be open space, including a large wooded tract that will be preserved with a trail added.

In addition, he said, a 30-foot vegetated buffer would be in place around the perimeter of the property where it borders the Pinewater Woods and Brandywood communities, and all existing trees along the perimeter would remain in place. He said a 20-foot vegetated buffer would be added along Route 24 and Sloan Road. Density of the community would be 3.22 units per acre, which is less than four units per acre permitted in MR zoning.

Ben Gordy, senior project manager with The Ocean Atlantic Companies, said preliminary plans call for six units each in 17 buildings with units from 1,600 to 2,300 square feet. The community would have a pool and pool house, and also have access to all amenities in the single-family home phase of the project.

Crouch said the developer would be responsible for funding the realignment of Sloan Road to better match up with Hollymount Road at the Route 24 intersection. That work would take place as construction of the project started in conjunction with road improvements across the road.

In addition, Crouch said, the developer would have to fund a traffic signal at the intersection when state transportation officials determined it was necessary or warranted. “They are saying not now, but as more development occurs,” Crouch said.

He said intersection improvements would be designed as if a traffic signal was going to be installed to speed up the process once installation occurs.

Commissioner Keller Hopkins asked if there was a way to get the signal installed during construction of the intersection. “How do we get to this traffic light sooner?” he asked.

“It's not going up until DelDOT says so,” answered Commission Chairman Bob Wheatley. “It's the way they do things, and we can't require a signal as a condition. We know it makes more sense to do it all at one time.”

“What does warranted mean?” asked resident Chris McDaniel.

“We all wonder what that is,” answered Wheatley. “I hate to be cynical, but it seems they wait for someone to get killed. I suggest you contact your local legislator.”

Several residents expressed concerns that the addition of townhouses would decrease value of their homes.

Gordy said it's a misconception that multifamily housing decreases property values of existing single-family homes. “I've never seen evidence of that. We've done mixed-use communities and that's not happened,” he said.

David Hutt, the developer's attorney, said if townhouses devalued the value of single-family houses, the developer would not be building a single-family home community across the road.

Hutt said the parcel is in the county's environmentally sensitive developing district overlay zone and a state growth area where mixed-use housing is compatible and appropriate.

Residents say townhouses don't fit in

Arnold Pitman, president of Pinewater Woods Homeowners Association, who lives adjacent to the parcel, echoed what several other residents testified when he said townhouses are out of character with other residential communities in the area that feature homes on one-acre or larger lots. “There are $1 million homes near this. We do not deserve this crammed into the area,” he said. “People have invested a lot of money here.”

Pitman said everyone who lives around the parcel knew it would eventually be developed, but not as high-density townhomes. “Vote no to this and yes to one-acre lots,” he said. “Over the years, each community has enhanced the other, but townhouses are not compatible with what we have.”

“We are not able to negotiate what developers are building; it doesn't work that way,” Wheatley said. “We can say yes or no.”

Pitman said residents who live near the parcel would see a wall of houses with about 600 people living on a small tract of land. “And there would be 300 cars going out onto Sloan Road,” he said.

Pitman, a member of the Delaware Fire Police, said the Hollymount-Route 24 intersection is a high-crash area. “And there would be even more traffic going into this area,” he said.

The commission deferred on a vote. County council will have a public hearing on the application at 1:30 p.m., Tuesday, June 13, in the county administration building, 2 The Circle, Georgetown.