Sussex County to reconsider controversial request to turn farmland into commercial space

A controversial plan to convert farmland into a shopping center along the main route to the Delaware beaches is back for public scrutiny, per a court order.

A Maryland-based developer’s plans to convert 114 acres of farmland on Del. 1 between Milton and Lewes was halted in 2016 when the Sussex County Council voted against a rezoning request that could have paved the way for the 850,000-square-foot Overbrook Town Center retail project.

The developer, TD Rehoboth LLC, later appealed that decision to Chancery Court, calling the council's decision "arbitrary, capricious and not supported by the record." In 2017, Vice Chancellor Joseph R. Slights III overturned the county’s rejection of the request to rezone the property from agricultural-residential to commercial-residential.

That ruling has forced county officials to revisit the rezoning request. A daylong public hearing on the rezoning – which does not consider a site plan or how the site will be used – was held at County Council Chambers in Georgetown on Tuesday.

Fourth-generation farmer Kenny Hopkins said if the shopping center is built between Del. 1 and his farm on the east side of the highway, it will undoubtedly impact his livelihood.

"I learned at an early age that the ground is only as useful as we allow it to be," he said. "Sussex County has always been known as a farming community, and it's important that we continue to educate the people about the importance of farming. But more importantly, we must preserve it. The Overbrook Town Center will have a huge economic impact on the farmers."

The Department of Agriculture also raised concerns about the future of agricultural use of the area if the parcel is commercially developed in a letter sent to the county.

Other opponents of the large retail complex argue a commercial space in the midst of agriculture is out of character with the area, will increase traffic that would make summer congestion on Del. 1 worse and could adversely impact groundwater in the area as well as ecosystems and wetlands near the property.

"The Great Marsh is one of the crown jewels of the Eastern Seaboard," said Overbrook Town Center Coalition member Richard Borasso. "The introduction of greater volumes of runoff to the Great Marsh has the potential to disrupt the balance of plants and wildlife in this fragile ecosystem."

Original plans for the Overbrook Town Center would have rivaled the Dover Mall in size. But instead of a mall, the developers sought to gradually build six pad sites around a central parking lot that could fit more than 5,000 vehicles on a large piece of open farmland on Del. 1 near Cave Neck Road.

Since then, TD Rehoboth LLC has revisited its plans for the site, attorney Jim Fuqua said at the hearing on Tuesday.

A concept site plan revealed on Tuesday showed a possible 63 percent reduction in the commercial space. Fuqua said developers reconsidered their plans for Overbrook after hearing opposition from residents and council members and are now looking at developing a 312,000-square foot retail space on the front 50 acres of the property.

Meanwhile, the developers also have proposed a residential project, called Overbrook Acres, that would include 135 homes on 66 acres behind the proposed commercial use. That residential development would be allowed under the parcel's current zoning, Fuqua said.

Fuqua estimated that the revised development plan will cost about $150 million to build, create 400 construction jobs and offer about 350 permanent jobs.

Borasso and others also said the developers can say they plan to downsize the commercial space slated for the property, but if the county approves the rezoning, the developers can ultimately do whatever is permitted in a commercial-residential area.

Residents strongly opposed the original project, and county officials reported that more than 1,500 spoke out against the proposal when it was previously considered.

The County Council shot down the rezoning in a 4-1 vote decision two years ago, with Councilman Robert Arlett casting the sole vote in favor. Since then, only one member of the County Council has changed.

Councilman I.G. Burton III replaced Joan Deaver, who voted against the rezoning two years ago. Before that vote, Burton recommended denial when he was an active member of the county’s planning and zoning commission, but was overruled by his fellow commissioners.

County attorney J. Everett Moore Jr. said the council will not consider new applications or new uses for the property but is tasked only with reconsidering the rezoning request. Officials will consider rezoning the whole parcel, not the smaller proposed plan outlined by Fuqua on Tuesday.

No applications have been filed to show that proposed change in commercial space.

The Chancery Court's order requires the council to vote on the rezoning 30 days after the public record closes.

Contact reporter Maddy Lauria at (302) 345-0608, mlauria@delawareonline.com or on Twitter @MaddyinMilford.