Freeman project under Sussex council consideration

Before making a presentation to Sussex County Council during a July 27 public hearing on the proposed Carl M. Freeman Companies hotel-restaurant project near Fenwick Island, attorney Jim Fuqua said he was starting at a disadvantage.

He said only four council members will vote on the application since District 4 Councilman Doug Hudson had recused himself from the proceedings because of a potential conflict of interest.

The attorney also said misinformation about the project has been circulated. He said no construction would take place on wetlands, and the Sussex County Planning and Zoning Commission did not recommend denial of the application at its July 8 meeting, as reported by the media.

“With the 2-2 vote there is no recommendation of approval or denial,” he said. “I hope you disregard this misinformation.”

At the end of the more than 3-hour public hearing, District 5 Councilman John Rieley, who represents the area, said he understands that residents want a quick decision. “I recognize the passion, but we were presented with a tremendous volume of information today,” he said.

On his motion to defer to consider the information, council voted 4-0 to delay action to a future meeting.

Residential phase approved

Freeman has filed a conditional-use application for a 70-room hotel and 8,500-square-foot restaurant on a 9.2-acre parcel at the intersection of Route 54 and Bennett Avenue about one mile west of the Route 1 intersection in Fenwick Island.

Fuqua said the applicant did not want to file an application for commercial zoning, but instead opted for a conditional use to allow planning and zoning commissioners and county council members an opportunity to impose conditions.

The attorney said the proposed project complies with the 2019 county comprehensive land-use plan because the property is in a growth zone on the future land-use map, where commercial and high-density residential development are encouraged.

In addition, he said, the project promotes tourism in the beach area, which is defined as a priority in the comprehensive plan. “This is fully supported by the plan, and meets the goals and priorities of the economic development chapter,” he said.

The hotel and restaurant are the next phase of a proposed plan for the total parcel, which includes 35 acres of uplands and 83 acres of wetlands. The planning and zoning commission approved a Freeman application April 22 for a cluster subdivision with 70 single-family home lots on the rear section of the parcel.

Fuqua said no wetlands would be disturbed, with plans for minimum 50-foot buffers from tidal wetlands and 20-foot buffers from non-tidal wetlands, although the county does not require buffers from non-tidal wetlands. He said most of the buffers would be wider than the minimum.

Based on comments from the public, Fuqua said there would be no music or entertainment in the outdoor dining area. He also said additional parking spaces have been added for a total of 237 spaces for the hotel and restaurant, which is more than required by county code.

He said the lighting plan includes shielded light fixtures with low-wattage bulbs that shine downward.

Attorney rebuts commissioners

Fuqua said the two planning and zoning commissioners who voted against the application relied on reasons that were unjustified.

Those reasons included incompatibility with uses on surrounding properties, the property was too environmentally sensitive for development, traffic impact, parking and noise, the amount of people in opposition to the project, and that the hotel and restaurant would attract transient guests. Fuqua refuted all of those reasons.

The county has received more than 350 letters and emails in opposition to the application. “Opposition is not a legal reason for denial,” the attorney said. “Land-use decisions are not popularity contests. Decisions must relate to statutory mandates in the county zoning ordinance and comprehensive plan.”

“Transient guests are tourists. The goal of the comprehensive plan is to make the area a tourist destination, and this promotes that priority in the plan,” he said. “This is the primary reason this application should be approved.”

Fuqua asked if the commissioners considered the land too environmentally sensitive, why did they vote to approve a 70-lot subdivision on the parcel? “No wetlands are impacted, and this site is not in the 100-year flood plain,” he said.

Fuqua said the parcel is adjacent to commercially zoned land with several business in the area including a marina, spa and the Catch 54 and Papa Grande's restaurants. “This project is infill development,” he said.

New traffic signal proposed

If the application is approved, state transportation officials will require the developer to realign the Bennett Avenue-Route 54 intersection – the entrance to the parcel – to match up with Monroe Avenue. In addition, the applicant would be required to provide funds for a new traffic signal at the intersection. The entrance would also serve as access to the approved subdivision.

A DART bus stop would be provided.

According to Delaware Department of Transportation engineers, the current intersection has a level of service of F, which designates a failing intersection with long wait times. With improvements, its level of service would be B on weekdays and D on Saturdays during peak hours.

The subdivision, hotel and restaurant would generate an estimated 1,770 new vehicle trips per day.

“It seems we are putting more air into a balloon that is already full,” said Councilman Rieley. “This would add a good number of vehicles on a road that's already a bottleneck. Being on Route 54 on Saturdays is not fun.”

Residents voice their concerns

During public testimony, numerous residents of the area spoke for two hours in opposition to the application. Several residents asked the same question: “When is enough, enough?”

Concerns included increased traffic on the busy Route 54 corridor, lack of DelDOT planning along Route 54, potential impact on the large area of wetlands around the property, incompatibility with the residential character of the surrounding area, and the lack of a proper recommendation from the planning and zoning commission to aid council in its decision.

Ben Moses, who lives across Route 54 in the 250-home Cape Windsor community, said the council should grant a time extension for public input because the public notice sign posted on the property did not contain any information. “It is blank and not filled out,” he said. “Residents were not given proper notice, and that's unacceptable.”

However, when the public notice sign was posted by county staff, it contained all of the information for the hearings.

Henry Bennett, a sixth-generation farmer at Bennett Orchards along Route 20 between Dagsboro and Roxana, made an impassioned plea to council to deny the application.

“This should not even be here. Eastern Sussex County is at full capacity,” he said. “You should not be afraid to say no to developers. Listen to your constituents and do not rubber stamp development that should not be here.”

He disagreed with the argument that the proposed application is an infill project. “A hotel in the middle of a residential area is not infill. There are no other hotels on Route 54,” he said.

He said continued development is putting pressure on farmers in eastern Sussex. “Agriculture is still No. 1 in Sussex County. But if we continue to be surrounded by sprawl, we can't continue to farm,” he said.

“DelDOT has no plan for Route 54. They are fighting the tide to keep up with what's been approved the last 20 years,” Bennett said.

Lori Goss of nearby Fenwick Landing said there has been no new land for commercial development along the corridor in 20 years, but there has been expansive residential growth.

She was among others who questioned the proposed parking plan. “There is not enough space and the property is surrounded on three sides by water,” she said, adding she feared vehicles would be forced to park on other streets off the property.

She said according to the National Restaurant Association, an 8,500-square-foot restaurant could handle as many as 500 patrons and would need 60 to 100 employees.

She said she counted vehicles at the nearby Harpoon Hanna's restaurant east of the parcel off Route 54, with an average of 327 cars in the parking lot after 7 p.m.

“Once you open that Pandora's box, there is no way to close it,” she said.

Ed Waysz of The Refuge along Route 54 said development in the area continues with no support services and no long-range planning, especially for the Route 54 corridor. “If the road had six lanes, it would not solve the problem existing now because of poor planning 20 years ago. There doesn't seem to be a solution, but adding more development is not the answer,” he said.

Go to sussexcountyde.gov/county-council-meeting-2329 for an audio file of the meeting.