Sussex County Delaware

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Sussex County Council ...

County OKs rezoning
for 372 homes, grocery

By KERIN MAGILL
SC Online Content Editor

GEORGETOWN -- Sussex County Council approved two rezoning requests for a 372-home RPC with a large shopping center west of Fenwick Island at its regular meeting on Tuesday, July 23, 2002.

By a 4-1 vote, council approved the requests, to be known as Fenwick Station Shopping Center and Swann Cove, on the north side of Route 54 just east of the intersection with Sussex Road 381.

Council member George Cole voted against both applications.

Cole said in rezoning about 10 acres for a grocery store, retail space and three free-standing stores, the developers -- Trout, Segall and Doyle Development Co. L.L.C. -- are attempting to build more than the "neighborhood business" for which they sought the rezoning of the AR-1 parcel.

County Director of Planning Lawrence Lank said the developers plan to develop the three pad sites as separate parcels from the 63,256 square feet to be taken up by the grocery store and adjacent retail. The square footage for the pad sites has not been determined, but Lank said the proposed pad sites cover about 3.25 acres.

Cole said that leads him to believe the developers could very well end up with more square footage than is allowed under the county's zoning code. "The application is for one parcel, so they're playing games with you," Cole said.

County zoning requires that any commercial space over 75,000 square feet be zoned commercial rather than neighborhood business.

The zoning code calls for C-1 zoning for projects that are located on major arterial roads, whereas neighborhood business zoning is reserved for those that "serve the needs of a relatively small area, primarily rural, low-density or medium density" residential areas.

While recently approved projects in the surrounding area have been zoned medium-residential, some have been quite large, including the proposed 1,700 home Americana Bayside project located about a mile from the site of the Trout, Segall & Doyle project.

"We're going to have an end run on our zoning," Cole said.

County Solicitor Eugene Bayard said the Planning and Zoning Commission will police the development of the site when it evaluates the developers' site plans. "That's what concerns me," Cole said.

Council vice president Lynn Rogers said he believes the developers "should have just asked for commercial zoning," instead of the neighborhood business zoning. "Traffic will always be an issue there," Rogers said.

"I hope as we continue with the land use plan, we remove as many aof these gray areas as we can," he said. He also said he hopes the site plan review process will keep the shopping area from becoming more than the zoning allows.

Council member Dale Dukes said he felt the project would "keep people off roads, keep them from going to Fenwick Island, Selbyville, Roxana or wherever they go," for day-to-day shopping.

He also said he understood that the property has been in the Swann family for more than 50 years, and that the current state of the corn crop on the property reflects that the property probably doesn't have much value as a farm anymore. "The corn they've got there looks like pretzels," he said.

Dukes didn't mention that this summer's drought likely caused the crop's deterioration.

The council also OKd the adjacent 106-acre residential portion -- this time with little discussion, except a review of the 15 conditions the Planning and Zoning Commission recommended for the project. That parcel will contain 372 homes when completed.

In Other Business ...
  • A Frankford area resident seeking sewer service to his .4-acre property came closer to that reality when council approved a request from the county engineering department to post notices of the request and to set up a public hearing. A hearing will be held on Sept. 10 on the request byAnthony Manuel of Honolulu Road to be annexed into the Dagsboro-Frankford Sanitary Sewer District.

  • Council approved the annual payment by the federal government in lieu of taxes for the 11,000-acre Prime Hook National Wildlife Refuge. The payment is up considerably this year, totalling $62,931 compared to last year's $37, 263. The increase is partly due to an increase in the acreage of the refuge, according to County Administrator Robert Stickels. County Council vice president Lynn Rogers registered his displeasure that the local fire companies serving the refuge don't receive more of the annual payment even though they must fight fires there.

  • Council set a $35 fee for residents seeking to upgrade the classification of their manufactured homes in order to obtain better mortgage terms.
  • Council approved the following grant requests:

    • Milford Community Parades Inc. -- $400

    • Delaware District III baseball tournament -- $500 for uniforms

    • Delmar School District -- $500 toward new library media center

    • American Co-Ed Pageants -- $100 for contestant Brooke Alexander Mitchell of Dagsboro. Benefits Make A Wish Foundation.

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