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Sussex P&Z recommends denial of Wil King rezoning

Commissioners say high-density development is not in character with surrounding area
November 19, 2021

Story Location:
Wil King Road
Kendale Road
Lewes, DE 19958
United States

Sussex County Planning and Zoning Commission has passed on a unanimous recommendation to Sussex County Council to deny the proposed rezoning of a parcel along Wil King Road near Lewes.

The proposal is for two zoning designations – AR-1, agricultural-residential, for a 6-acre northern section and MR, medium-density residential, for a 23-acre southern parcel, with a residential planned community overlay for the entire parcel.

Developer Double DB LP has plans to build Wil King Station with 76 single-family home lots on the 29-acre parcel.

Making the motion to deny the application during a Nov. 18 meeting, Commissioner Kim Hoey Stevenson said high-density development is not appropriate for the area, which is primarily low-density residential development.

“There is no other MR zoning and this would create spot zoning, which is disfavored,” Hoey Stevenson said. “Nothing in the record shows MR zoning is more appropriate than the AR-1 zoning that exists on the property.”

She said higher-density development would only worsen traffic on an already heavily traveled road. She said she agreed with testimony from residents opposed to the project that rezoning the parcel would set a precedent that would change the area.

The northern section would contain 11 lots averaging 17,700 square feet, and the southern section would contain the remaining 65 lots about half the size of the northern-section lots.

David Hutt's, the applicant's attorney, said the zoning change is required because the parcel is split by two designations on the county's comprehensive plan future land-use map. The northern section is considered low density, and the southern section is in the coastal area.

Under AR-1 zoning with two units per acre, up to 58 units would be permitted.

County council has scheduled a hearing on the application at its Tuesday, Nov. 30 meeting. Hearings get underway at 1:30 p.m.

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