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Rezoning sought for Old Orchard parcel

Neighbors oppose change to commercial use
November 20, 2018

A developer is seeking to rezone a 6-acre parcel along Old Orchard Road in Lewes to construct medical and other professional offices.

Old Orchard Ventures LLC c/o Barry Baker has filed an application to rezone the parcel from AR-1, agricultural-residential, to C-2 medium commercial district. The parcel is adjacent to an existing 4-acre parcel that was rezoned to commercial in 1994.

The plan met opposition from nearby Villages of Five Points residents who cited traffic concerns and compatibility with surrounding land uses.

The parcel is part of a 25-acre parcel planned for development by Old Orchard Ventures that contains a mix of AR-1, C-1 commercial and MR, medium-density residential, zoning. Besides offices, the developer has plans for independent-living condominiums on the medium-density residential parcel and plans for Tranquility at Breakwater, a 75,000 square foot, three-story, assisted-living facility on a section of AR-1 land.

A public hearing before the county board of adjustment on a special-use exception for the assisted-living facility took place Nov. 5. A vote is pending.

Larry Fifer, the developer's attorney, said the proposed medical offices would meet a need to support the growing aging population in eastern Sussex County. He said the development would complement nearby medical offices along Old Orchard Road and Savannah Road. There are three pharmacies less than 3,000 feet from the site, he noted.

Bob Palmer of Beacon Engineering, the developer's engineer, said because Delaware Department of Transportation has deemed any potential use of the property a major impact, a traffic impact study is underway. He said DelDOT will require the developer to make a number of off-site road improvements.

He said DelDOT’s plans to realign Old Orchard Road and add service roads along Route 1 at Nassau bridge and the Minos Conaway intersection would address some of the traffic safety issues in the area.

Palmer said plans are underway to build medical offices on the C-1 portion of the parcel, which is a permitted use. He said the proposed offices would generate about 1,900 trips per day, with bus service and paratransit service planned for the area. Sewer would be provided by Lewes Board of Public Works through an agreement with Sussex County, and water would be provided by Tidewater Utilities.

The parcel is bordered by the abandoned Delaware Coast Line Railroad path that is being used as Phase 2 of the Lewes-to-Georgetown Trail. Palmer said none of the trees along the border would be cut down, and access to the trail would be provided. He said there are a number of offices in the area, mixed in with residential neighborhoods, including the Villages of Five Points, a mixed-use development. “This rezoning fits in with the character of the neighborhood,” Palmer said.

Commission Chairman Bob Wheatley reminded the applicant and audience that commissioners were not voting on a project but only whether a rezoning was appropriate for the parcel. Following the hearing, the commission voted to defer a vote to a future meeting. County council has scheduled a public hearing on the application for 1:30 p.m., Tuesday, Jan. 8, in the county administration building, 2 The Circle.

Residents oppose rezoning

Jan Alimaras, who lives in the Villages of Five Points near the parcel, said the commission should look at the application holistically, taking other approved and proposed projects in the area into consideration. She said she was representing 60 homeowners in the community in opposition to the application.

“This is one in a gazillion things going on. It's hard to keep up – it makes your head explode,” she said.

Alimaras gave a detailed power-point presentation outlining reasons to vote against the application. She said with proposed road work in the near future, it would appear officials want traffic diverted to Old Orchard Road. She reminded the commission that the road splits the Villages of Five Points east and west communities, and crossing the road is already a hazard without adding more traffic.

Among the projects she listed were proposed housing development on New Road, two proposed hotels and additional offices proposed along Savannah Road. She said doubling the size of the commercial area would also have the potential to double the traffic. “No additional commercial zoning should be approved until the current commercial development impact is known, specifically, its impact on the safety of residents of the area,” she said.

She said the parcel is surrounded by residential communities. “We cannot go back and change the past, but we should not make the situation worse by rezoning an additional 5-plus acres commercial,” she said.

The commission was also presented with a letter in opposition to the rezoning from the Villages of Five Points Property Owners Association board of directors.

 

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