New project surfaces at proposed Overbrook site

Single-family subdivision under review by state planners
September 20, 2017

A housing subdivision, Overbrook Acres, has surfaced on the state's Preliminary Land Use Service agenda for the same parcel along Route 1 where developers had planned to build a 850,000-square-foot shopping center, Overbrook Town Center.

TD Rehoboth LLC of Ruxton, Md., the same developer of the proposed shopping center, has filed plans for a 135-unit, single-family development on 66 acres at the Route 1-Cave Neck Road intersection. The owner of the parcel is Overbrook Acres LLC of Hanover, Va.

The fate of the rezoning required for the center is in limbo pending a decision by Sussex County Council.

Council voted 4-1 on April 12, 2016, to deny a rezoning request filed by TD Rehoboth LLC, a Timonium, Md. developer, from AR-1, agricultural-residential, to CR-1, commercial residential, for the shopping complex, the largest commercial center ever proposed in the county.

The developers filed suit June 8, 2016, in Chancery Court against council stating three council members who voted against the application made statements not supported by the public record.

Delaware Chancery Court ruled the developers of the proposed shopping center can request a new public hearing, but a spokesman for Sussex County says county officials still have options.

Council can either agree to a new hearing or appeal the court's order to the Delaware Supreme Court, said Chip Guy, the county's communications director. The deadline for an appeal would be Sunday, Oct. 1.