Sussex County to reconsider controversial request to turn farm land into commercial space

A controversial plan to convert farm land into a shopping center along the main route to the Delaware beaches has returned for public scrutiny, per a court order.

A Maryland-based developer’s plans to convert 114 acres of farm land on Del. 1 between Milton and Lewes was originally halted in 2016 when 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 forced county officials to reconsider its 2016 vote against the rezoning request. A public hearing on the rezoning – which does not consider a site plan or how the site will be used – is underway at County Council Chambers in Georgetown.

Opponents have cited concerns about the environment, traffic and character of the area. The Department of Agriculture also has raised concerns about the future of agricultural use of the area if the parcel is commercially developed.

Previous plans for the site, known as 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 farm land 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 revised development plan will cost about $150 million to build, create 400 construction jobs and offer about 350 permanent jobs.

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

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 on 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 only tasked 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 council to vote on the rezoning 30 days after the public record closes.

This is a developing story, check back later for updates.

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