Council set for Village Center vote

Years of debate over a controversial shopping center along Kings Highway in Lewes could come down to a final vote at the Tuesday, Dec. 13 Sussex County Council meeting.

The history of the proposed Gills Neck Village Center includes a federal lawsuit following a rejected rezoning application and a reduction in size from 521,000 square feet of commercial space on 68 acres to less than 75,000 square feet of retail space on less than 12 acres.

Developer J.G. Townsend Jr. & Co. has filed a rezoning application from agricultural-residential, AR-1, to B-1, neighborhood business district, for an 11.6-acre parcel at the intersection of Kings Highway and Gills Neck Road, which would allow a shopping center.

The proposed vote coincides with the final meeting of Councilwoman Joan Deaver, D-Rehoboth Beach, who is stepping down after serving eight years. She will officially relinquish her seat at the first meeting of 2017 on Tuesday, Jan. 3.

Representing the developer, Nick Hammonds, a principal with Jack Lingo Asset Management, testified the vision for the property is a neighborhood shopping center to serve residents of the Gills Neck Road corridor and the greater Lewes area.

He said the intent would be to anchor the center with a specialty grocery store of 20,000 to 30,000 square feet with other small shops possibly including a restaurant, fitness center, bank, pharmacy, salon and coffee shop.

Hammonds said the developer would not allow a gas station or dry cleaning operation to open in the center to avoid environmental concerns.

“The architectural theme would be similar to Second Street to bring the historic nature and charm of downtown Lewes to the highway,” he said.

The proposed center is about the same size as the Villages of Five Points shopping center, anchored by a Food Lion grocery store and zoned B-1, said Lawrence Lank, director of county planning and zoning.

The project dates back nearly a decade to 2007 when the developer proposed a 521,000-square-foot mixed-use commercial, residential and office space complex on more than 60 acres. Since then, it has been scaled back, first in 2009 to 387,000 square feet on 46 acres, and then to 215,000 square feet on 33 acres in 2015.

Traffic, wellhead among issues

Opponents of the rezoning point to two major issues: traffic and protection of the City of Lewes wells, located across Kings Highway from the proposed shopping center.

Opponents say the rezoning should be denied and county officials should request the developer file a conditional-use application, a process that would give county officials more latitude to require wellhead protection and deal with public safety and traffic concerns.

Opponents say an updated traffic study should be required because the developer's plan is based on a 2006 study. State transportation officials said the study is still valid because the proposed Village Center project has been substantially reduced in size.

John Mateyko, president of Lewes Partnership for Managing Growth, said his group supports a small, local-serving shopping center of no more than 20,000-25,000 square feet.

He said a larger center would attract traffic from Route 1 and only exacerbate congested traffic conditions along Kings Highway.

During the public hearings, Lewes Mayor Ted Becker presented a resolution from city council and the Lewes Board of Public works in opposition to the B-1 zoning application and in favor of a conditional-use application that includes a condition that the proposed shopping center be located as far away as possible from the Lewes wellhead protection area.

Commission: Rezoning follows plan

Making the motion to recommend B-1 rezoning approval, Sussex Planning and Zoning Commissioner I.G. Burton said the rezoning complies with the county's comprehensive land-use plan because it is close to an incorporated municipality, would be served by public water and sewer, is near a major roadway and is consistent with the character of surrounding development, with small-scale commercial zoning.

Burton has since been elected to fill the Sussex County Council District 3 seat being vacated by Deaver. His seat on the planning and zoning commission will be filled in early 2017; his final scheduled commission meeting is Thursday, Dec. 22.

Burton said he shares Lewes officials’ and residents’ concerns about the close proximity of the proposed shopping center to the Lewes well field. "Protection of the wells is governed by the county's source water protection ordinance passed in 2008, and the developer must comply with regulations at the site-plan stage," he said.

"This application is an 82 percent reduction from the original proposal," Burton said. "Unlike a destination center, this is for citizens who live in the vicinity. It serves a need and is good planning."

THE TIMELINE OF A PLAN

March 2007 – Plans for 68-acre Townsend Village Center submitted for state PLUS review

Dec. 16, 2008 – Developers withdraw applications for a 521,000-square-foot center on 68 acres; original plan also includes 48 condominiums

April 2009 – Developer submits new plan to PLUS for 387,000-square-foot shopping center on 68 acres; that plan is eventually downsized before county public hearings

Oct. 14, 2009 – Planning and zoning commission recommends denial of rezoning application for scaled-down proposal of 300,000 square feet on 46 acres

Jan. 19, 2010 – County council denies application for commercial rezoning of 46-acre parcel

March 2010 – Developer files a lawsuit against Sussex County in Chancery Court

Sept. 30, 2011 – Lawsuit is moved to federal court; an August 2013 court date is set

August 2014 – Developer granted a stay in federal court to resubmit application and new plan

March 25, 2015 – PLUS review of new plan by state agencies

Oct. 9, 2015 – Rezoning application to CR-1 for 215,000-square-foot center on 33 acres with 10 acres for YMCA and cultural center is refiled

2016

January – Rezoning application placed on hold by Sussex County officials as new application is contemplated

February – Sen. Ernie Lopez, R-Lewes, and Sussex County Administrator Todd Lawson meet with developer and community members to work out a new plan. Developer eventually files for B-1 zoning. Due to reduced size, YMCA and cultural center plans are scrapped. Lopez calls it a “true compromise.” Townsend Treasurer Bill Lingo says, “We listened to the community.”

July 14 – Planning and zoning commission 4-hour hearing attracts large crowd

July 28 – Planning and zoning commission unanimously supports rezoning application

Aug. 23 – For nearly seven hours, county council hears testimony

Aug. 30 – Council closes public record but allows council members to pose questions to state officials for more clarification

Sept. 30 – Public record officially closes