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Sussex council denies land-use map change

Parcels east of Route 1 to remain low-density and not changed to growth area
January 10, 2023

A potentially precedent-setting amendment request to the Sussex County comprehensive plan future land-use map has been denied.

At its Jan. 10 meeting, Sussex County Council voted 3-2 to deny a change from low-density area to coastal area, also a growth area, for a 247-acre parcel east of Route 1 across from the Cave Neck Road intersection.

Council deferred a decision on the request almost a year ago at its Jan. 25 meeting.

The property owners, the Robinson family and Seaside of Lewes LLC, claim the designation of the property was changed from a growth zone to a low-density district after public hearings on the plan had been concluded. They wanted Sussex County officials to return the parcels' designation back to a growth zone, as it was classified in the previous comprehensive plan.

In low-density areas in the county, development is mostly limited to the base zoning classification of AR-1, allowing two housing units per acre. In the coastal area, many more development options are available, including high-density housing (up to 12 units per acre) and commercial.

The property is the site of two approved phases of the Overbrook Meadows residential development. Phase 1 for 135 lots on 64 acres was approved in 2018; Phase 2 for 82 lots on 43.5 acres was approved in 2019.

Against the change

Council President Mike Vincent, Vice President John Rieley and Doug Hudson voted against the request while council members Mark Schaeffer and Cindy Green voted in favor.

Vincent, who was the only member on council when the process of writing an updated plan began in 2016, said concerns about development along Route 1 and preservation of the Great Marsh east of Route 1 toward Lewes were expressed during the public hearing process to write an updated plan, which was adopted in 2018.

He also questioned the statement that no one was aware of the land-designation change. “This change was proposed by then-Councilman I.G. Burton as a way to protect the marsh and preserve the Route 1 corridor from Nassau to Milford to overdevelopment,” Vincent said.

“This was not a technical error but was an intentional change,” Rieley added.

While members of the Sussex County Planning & Zoning Commission recommended approval of the change, officials in the Office of State Planning Coordination voiced strong opposition to the land-use designation change.

In favor of the change

Schaeffer, who voted in favor, said the requested land-designation change was not a zoning change. “This grants no approval for any uses,” he said.

Schaeffer said the change only came to light after public hearings were concluded. He also said the state's objection to the change was not founded, with opposition based on the property's proximity to tidal wetlands, lack of fire protection and lack of water and sewer. “At hearings, we heard otherwise,” he said, adding the closest wetlands are 675 feet away with the majority almost a half-mile from the property and the property, is in a Sussex County wastewater service area with private utility company water lines either running along the property or close by.

He added that the proposed Route 1-Cave Neck Road grade-separated interchange would create an island of land along the highway that would not be suitable for agricultural or residential uses. “It should be allowed to be considered for other uses with the proper public hearings,” he said.

State opposes request

Office of State Planning Coordination Director David Edgell said the parcels are not in an urban area according to the U.S. Census, not near a town center or annexation area, not in a growth area, have no construction on them, are not on county sewer, and are not in proximity to bike paths, bus stops, trails, libraries, schools, state service centers, free-standing EMS services or police.

He said the parcels are near wetlands, in the Delaware Ecological Network and susceptible to sea-level rise.

Edgell said changing the parcels to a growth area would open up a large number of options for development, including high-density residential and heavy commercial.

 

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