Chappell Farm project mix of apartments, commercial

The three applications filed by Chappell Farm LLC for a mixed-use, residential-commercial project at the intersection of Route 1 and Cave Neck Road include more than 500 pages of documents.

Developers Christian and Jamin Hudson have filed two rezoning applications – AR-1, agricultural-residential, to MR, medium-density residential, and C-3 heavy commercial – and a conditional-use application for multifamily housing on a 15-acre parcel on the northwest corner of the intersection between Lewes and Milton.

The proposed project would have access to a Cave Neck Road roundabout as part of the upcoming Delaware Department of Transportation Cave Neck Road-Route 1 grade-separated interchange project to be constructed from 2024 to 2026.

The developers are proposing 156 apartment units and more than 40,000 square feet of commercial space, including a convenience store with fuel pumps and additional retail space including a pharmacy. One of the four, 4-story apartment buildings would have retail space on the first floor.

The site plan for the apartment complex contains a clubhouse, pool and playground. The entire parcel would have 555 parking spaces and one mile of pedestrian pathways.

The developers' team presented the plans Jan. 21 during a Sussex County Planning and Zoning Commission meeting at the Carter Partnership Center at Delaware Technical Community College.

Sussex County Council has scheduled the hearings at 1:30 p.m., March 2, at the college.

After the hearing, the commission voted to defer a vote to a future meeting.

Developers have roots in the area

The developers have strong roots in the area of the proposed project, and they have held meetings with nearby residents and business owners over the past three years as they planned the project.

Jamin Hudson said he and his brother, Christian, grew up one quarter of a mile from the property and Jamin said he lives one-half mile from the site and his aunt's antique store is a few hundred yards north of the intersection.

“We know the area and know what is needed. The people around this are our neighbors and that's why we reached out to them to find a plan that is amenable to all,” he said.

“We think this is how development should work,” said Christian Hudson. “We were reaching out to our neighbors long before we ever submitted anything to the county. We wanted to know what they wanted to see on that corner. What you see today is culmination of three years work. This our land, our family lives here – this is our legacy.”

Outreach to the community

Engineer Mike Riemann, with project designer Becker Morgan Group, said changes were made to the plan due to feedback from the meetings. One of the most significant changes is that the commercial section along the Route 1 frontage with a convenience store and pharmacy would not open until the Route 1-Cave Neck Road grade-separated interchange project is completed in 2026.

Among other DelDOT planned road work, the developers will contribute funding to the intersection project.

Riemann said the developer would continue with construction of the commercial projects to match DelDOT's timetable. Design work on the interchange project is expected to take place until 2022 with construction beginning in 2024.

Other proposed changes include a 40-foot buffer separating the parcel from Red Fox Run and relocation of the amenities away from the shared border with Red Fox Run.

Road improvements and funding

The proposed plan for the project includes several road improvements required by DelDOT, including two entrances from the parcel to Cave Neck Road, a right-in access from southbound Route 1 and a service road connecting the adjacent Red Fox Run community to Cave Neck Road. The community's access road to Route 1 will be turned into a cul-de-sac as part of the grade-separated interchange project.

The Cave Neck Road access road closest to Route 1 will connect to a roundabout included as part of the new interchange.

If approved, the developers would also be required to provide partial funding for the following projects: Cave Neck Road-Sweetbriar Road-Hudson Road intersection; Route 1-Minos Conaway Road grade-separated interchange; Route 1-Oyster Rocks Road intersection; and Route 1-Hudson Road-Steamboat Landing Road intersection.

The extensive traffic-impact study included the impact of the proposed project on 12 area intersections.

It also included traffic generated at buildout of seven subdivisions in the vicinity and the Sussex Consortium School.

Questions about traffic study

Riemann pointed out that a typographical error appeared in the traffic-impact study showing 97 apartments instead of the 156 that are planned. He said the apartments contribute about 10 percent of the anticipated traffic from the site, which is estimated to be nearly 8,000 vehicles per day at buildout.

All information in the traffic-impact study is based on the traffic generated by the lower number of units.

Commission members questioned what impact the increased number of units would have.

DelDOT planner Bill Brockenbrough said the different number of units would not change any of DelDOT's recommendations. Based on the new number, he said, road design would require longer turn lanes and the developers would have to pay more for off-site road improvements.

Commissioner Holly Wingate asked how the commission should proceed based on the inaccurate information in the traffic-impact study.

One option would be to request a new study, but commissioners agreed that's not what they wanted.

“How much would this information impact your decision?” asked Commission Chairman Bob Wheatley. “I'm far from decided on these applications but this issue would not affect my decision. I'm more concerned about other issues.”

Brockenbrough added that some area roadway intersection delay times would increase based on the new calculations. “But the actual effect is not that large,” he said.

Assistant county attorney Vince Robertson said the developers still face road design reviews with DelDOT planners. “The right work will get done regardless what's in the TIS,” he said.

“What happens will be based on the right numbers,” Wheatley added.

During public testimony, Jeff Stone, representing Sussex Alliance for Responsible Growth, said basing road improvements on 60 percent less units is not inconsequential. “There needs to be clarification from DelDOT so you are assured the numbers you see are accurate,” he said.

Stone also said SARG opposes the right-in access proposed off the new southbound Route 1 service road to the commercial parcel along the frontage of the highway. “This creates a public safety issue and is not consistent with the state corridor preservation capacity program restricting access along Route 1,” he said.

Red Fox Run resident Rita Dumain said the additional 62 units would add at least another 124 cars to area roads. “That's significant impact and should be further explored,” she said.

She said residents knew the parcel would eventually be developed. “But we did not expect to look at four-story buildings. We will be looking at a much different landscape than the surrounding area,” she said.

Concerns with density

Rich Borrasso, who lives in Red Fox Run adjacent to the parcel, said the proposed density, lack of open space and new traffic generated by the project are major concerns.

In addition, he said, Sussex County officials should follow their updated memorandum of understanding with DelDOT and require phasing of the project to coincide with planned road improvement projects in the area.

“The decision you make will send a signal for all future development on Route 1,” he said.

He said the proposed 10.5 dwelling units per acre is not consistent with other development in the area, which range from one to three units per acre in nearby developments.

“The proposed density for this application is five to 10 times the density of development in the surrounding area,” Borrasso said.

Borrasso said the developers' traffic impact study shows that nine intersections in the area show level-of-service issues with failure now and for the foreseeable future with and without the proposed development.

He said more than 2,400 new homes in the area generating 10,000 additional vehicle trips will only further degrade the level of service of area intersections.

Borrasso said the developers' plan to delay the opening of the retail buildings along Route 1 until the grade-separated interchange project is completed is commendable.

Borrasso acknowledged that the outreach from the developers was appreciated. “There has been nothing like this in comparison. Hats off to them; the Hudsons are great neighbors,” he said.

David Thompson, a resident of Overbrook Shores, said as far as he knows, no one in his community or the neighboring communities of Vincent Overlook or Winstone, all on Cave Neck Road, were contacted about the proposed project. He said when all of the communities are built out, 900 homes from the three communities will be located within a short distance of the Cave Neck Road-Route 1 intersection.

He agreed with concerns about the density. “It's out of character with surrounding communities. The apartments would actually be 24 units per acre,” Thompson said.

Need for master plan

Stone and Borrasso urged the commission to spearhead a project to create a master plan for the Route 1 corridor from the Nassau bridge to Route 16. “You need to take a look at what development along Route 1 should be,” he said. “It requires much better planning than going parcel by parcel.”

“There is going to be an increase in pressure to develop on both sides of Route 1 because of the interchange,” Stone said.

Traffic counts, 2019

Route 1 – 41,783 vehicles per day

Cave Neck Road – 7,339 vehicles per day

Projected from project – 7,975 vehicles per day