Cool Spring Crossing debate resurfaces

After a six-hour public hearing May 6 that concluded with the Sussex County Planning & Zoning Commission indicating its support for a proposed 1,922-unit housing development off Route 9 west of Lewes, commissioners delayed a decision.

The commission decided to allow 10 business days to accept written comments on documents entered into the record during the hearing by David Edgell, director of the Office of State Planning Coordination.

“We want everybody to see what there is to see,” said Chair Robert Wheatley. “I think it’s probably all things that folks have seen before, but to be safe, let’s [take our time].”

A single public hearing for the 637-acre Cool Spring Crossing project was held on four applications filed by Freeman Companies. The audience filled council chambers, with some standing along the walls and more gathered in an overflow room elsewhere in the County Administration Building. 

The plan requires approval of a future land-use map amendment; a rezoning from AR-1, agricultural-residential, to MR-RPC, medium-density residential planned community; and conditional uses for multifamily housing and an assisted-living facility. Prior to the meeting, hundreds of responses were filed to each application.

Attorney Jim Fuqua presented most of the developer’s details for the $836 million project. It will generate $12.5 million in realty transfer tax revenue for the county over the 20-year build out and create 1,500 permanent jobs, Fuqua said. The developer proposed a $100-per-lot annual contribution to be split evenly between the Lewes and Milton fire departments.

Fuqua said the project is adjacent to an area designated for future development and is consistent with neighboring uses.

It also has access to water and sewer service and is located along the Lewes-to-Georgetown Trail, and Route 9, a major arterial roadway. It is also on a public bus route.

“The nature of the area is not rural,” Fuqua said.

The Cool Spring Crossing project includes single-family houses, duplexes and townhouses. There would be 174 affordable apartments as part of the Sussex County Rental Program, which provides units below market rates based on income. 

It would also have 450,975 square feet of commercial space, with options such as a grocery store, convenience store, retail shopping, bank, 100-room hotel, theater, YMCA, assisted-living facility with medical offices, educational facility and restaurants.

Dr. David Tam, president and CEO of Beebe Healthcare, urged the county to approve the project because more affordable housing options are needed for the growing Beebe staff.

Linda Risk, CEO of the YMCA of Delaware, said a new building planned for the Cool Spring site would help her organization expand services needed in the community.

Kelly Basile, CEO of the Delaware State Chamber of Commerce, said more housing is needed to meet demand. 

Much of the comments in opposition to the project were offered in a four-part presentation by representatives of Sussex Preservation Coalition.

The group urged the commission to delay approval while the state completes its five-year Strategies for State Policies and Spending update, and a county working group prepares recommendations for controlling residential growth. An update to the county comprehensive plan is also due in 2028.

The group said the neighboring roads cannot handle the additional traffic the project would generate. Fuqua said the developer will pay for improvements on Route 9, but opponents said some improvements will be years into the future.

The project will remove 103 of the 217 acres of forest on the site. A buffer will be maintained near nontidal wetlands and flood-prone areas on the site. 

Sussex Preservation Coalition also argued that the county planning map should not be amended because the site of the project is still residential, a point contested by the developer. 

Alison White of Lewes said the project would worsen traffic on Route 9, especially when combined with the Northstar development of more than 800 homes proposed a short distance to the east. She lives between the two properties.  

After the hearing concluded, commissioners gave their initial reactions. 

“There was great testimony that was provided for the people against it – a lot of good information, and they're very passionate,” said Commissioner Holly Wingate. “I would like to add, though, that Freeman has always been a great neighbor. I compare this to what was proposed years ago at Americana Bayside.”

Wingate said she is from Selbyville and recalls opposition to the developer’s slightly smaller project there.

“It’s taken 20 years to build out what is there, and it’s a beautiful addition to our community,” she said. “Freeman has been a great neighbor. And I’m not saying I’m one way completely or another right now, but I think there needs to be some consideration given to what the applicant has done, as well, and their history in our county.”

“Most of the opposition for Bayside now goes there and enjoys it,” said Commissioner J. Bruce Mears. “It was built on a two-lane road. It’s got all of the inclusive amenities. And it’s a wonderful asset. Everybody who hated it now appreciates it. I support this application and the change of the map.”

“I do think this is the sort of development that we probably need more of, instead of sprawling, half-acre McMansions that are affordable to the people who actually don’t work here,” said Commissioner Gregory Scott Collins.

After a recommendation by the commission, Sussex County Council will hold its own public hearing before making a final decision on the project. 

“I’m not sure what we’ll be doing, but I will tell you something, I’ve been doing this a while, and I think this level of involvement is wonderful. We have come so far in that period of time,” Wheatley said at the conclusion of the hearing.

“The applicants have always been well organized,” he said. “Why? Because they have the money to hire an organization. But the opposition is catching up to that now. I’m really pleased to see that, because I think it makes it better. It still makes for a better process and I think a better end product.”