Dorman Farm rezoning seeks increased density

It may come down to a question of density when Sussex County officials rule on Belle Terre, a proposed housing project off Mulberry Knoll near Lewes.

Developer Sussex Real Estate Partners LLC is seeking to amend the county's comprehensive zoning map from AR-1, agricultural-residential, to MR-RPC, medium-density-residential-planned community, for a 124-acre parcel on Dorman Farm Lane, southwest of Mulberry Knoll Road.

The preliminary site plan for the proposed Belle Terre includes 378 units – 200 single-family lots and 178 duplexes.

The proposed density would be about three units to an acre; under current AR-1 zoning at two units per acre, only 240 units would be permitted.

The parcel is located adjacent to the new Love Creek Elementary School along Route 24 and the site for the new Troop 7 along Mulberry Knoll Road.

During the April 28 county planning and zoning commission public hearing, Jim Fuqua, the developer's attorney, said an AR-1 parcel in a designated growth zone with central sewer should not be limited to the same density as a rural AR-1 parcel not in a growth zone.

The developer is seeking a modest increase in density, he said.

Fuqua testified that an increase in density is warranted according to the county’s comprehensive land-use plan and Delaware's Strategies for State Polices and Spending as defined by the Delaware Office of Planning Coordination.

Fuqua said county engineers have assigned the parcel a maximum sewer capacity of four units to an acre. “The county planned for higher density in this area,” he said.

Fuqua said the Belle Terre parcel is in a Level 2 state strategies area where development is expected and supported and is also in a county growth zone.

He also said the county’s residential planned community overlay, requested by the developer,  promotes a superior living environment, large-scale development and a mixture of housing types. In addition, he said, the parcel has an environmentally sensitive developing district overlay, which is considered a growth zone in the county’s land-use plan.

He said the rezoning application meets all county and state standards.

Residents say density is too high

Several residents testified that the proposed density of just over three units to an acre does not match surrounding communities with fewer homes and more open space.

Bill Baydalla, president of The Retreat at Love Creek Homeowners Association, said no other community in the area comes close to the proposed density of Belle Terre. “This could set a precedent and determine what this part of the county will look like in the future,” he said. “This is inconsistent and not in character with the area.”

He said the average density in five area communities is about half that proposed for Belle Terre.

Other residents said county officials should not allow more than two units per acre on the parcel.

They pointed to a previous decision made by county officials involving a smaller project along Route 24. The county's planning and zoning commission and county council approved plans for Saddle Ridge, but reduced the density from 115 units –3.3 units per acre – to 81 units – about 2 units per acre – to what officials said mirrored density in other communities in the immediate area.

Fuqua said the area around Route 24 and Mulberry Knoll has undergone a change from rural in nature to more urban. “The school district chose their site for a new school near the parcel because it’s the area where they see the largest growth,” he said.

He said future development is expected with a 74-acre parcel zoned GR-1, general residential, just north of the Dorman parcel. Up to four units per acre are permitted in GR-1 zones.

“Being urban in character is consistent with the MR zoning district,” Fuqua said.

Fuqua, who has represented dozens of projects, said he’s frustrated when people testify the county and state need to plan for future development.

“The state and county do have plans that must be the guide for all land-use decisions,” he said.

He said future growth plans are included in the county’s zoning ordinance and comprehensive land-use plan and the state’s Strategies for State Polices and Spending.

“Applications are not based on popularity contests, but these three standards,” he said.

Density of some nearby communities:

Briarwood Estates: 1.25 units per acre

Love Creek Landing: 1.31 units per acre

Retreat at Love Creek: 1.6 units per acre

Hart's Landing: 1.75 units per acre

See the Friday, May 6 edition for a story on environmental and traffic issues related to the proposed development.