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Sussex council votes against Route 24 rezoning

Officials also say no to multifamily housing near Dewey Beach
December 14, 2018

At its final meeting of the year Dec. 11, Sussex County Council denied two applications by 3-2 votes.

Council voted against a rezoning application from AR-1, agricultural-residential, to C-3 heavy commercial filed by Kirk Salvo, KH Sussex LLC for a 3.5-acre parcel near the intersection of Route 24 and Angola Road between Lewes and Long Neck. The developer had plans for a convenience store at the site to replace a boat repair and storage and construction business operating under a conditional use.

Retiring Councilman George Cole, R-Ocean View, said commercial zoning in the location was inconsistent with other AR-1-zoned land at intersections in the area.

Cole said C-3, the requested rezoning, was too intense for that area. He said uses under the C-3 district allow for large businesses. “The current site’s conditional use is not the same as a large-scale business. There is not a mandate for rezoning. AR-1 zoning is just as appropriate,” Cole said. “C-2 medium commercial would be more appropriate. This is not a reasonable expansion of the existing conditional use.”

Cole also said state transportation officials have plans to improve the intersection and had not considered a change to C-3 zoning when evaluating the intersection. Those plans include additional turn lanes at the Route 24-Angola Road intersection and realignment of Robinsonville Road.

Councilman I.G. Burton, R-Lewes, said he agreed with Cole’s comments. “The area has some need for commercial zoning but I’m concerned about the differences between C-2 and C-3 zoning,” Burton said.

Voting for rezoning, Councilman Rob Arlett, R-Frankford, said with future road improvements, the location was a perfect location for the proposed use.

Councilmen Cole, President Mike Vincent, R-Seaford, and Burton voted against the application while councilmen Arlett and Sam Wilson, R-Georgetown, voted to approve it.

According to county code, C-3 is generally intended for larger-scale, auto-oriented retail and service businesses along major arterial roads that serve local and regional residents as well as the traveling public. In addition to most commercial uses – including banks, offices and medical facilities – automobile, truck, recreational vehicle and boat sales, rental and major repair facilities may also be located in this district.

 

No to Dewey-area multifamily units

In addition, council voted against a conditional use filed by 105 Seagull Drive LLC for two units of multifamily housing on Seagull Drive, south of Dewey Beach, in the community of Indian Beach.

Cole said the surrounding unincorporated area is single-family homes. “It’s a transition area between the county and the Town of Dewey Beach where multifamily housing is not appropriate,” he said.

Cole said approval of the application would set a precedent for future construction of multifamily housing in an area with single-family housing for many decades.

Arlett, who voted in favor of the application, said approval would not set a precedent. “There is multifamily housing in Dewey Beach, so this makes common sense,” he said.

Councilmen Cole, Vincent and Burton voted against the application while Arlett and Wilson voted in favor.

 

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