Sussex council defers vote on industrial rezoning

At its March 2 meeting, Sussex County Council heard plans for a rezoning to develop an industrial park on 67 acres on the west side of Gravel Hill Road/Route 30 and bordering Route 16 one mile west of Milton.

Reed Farms LLC has filed for a rezoning of the parcel from AR-1 to HI-1, heavy industrial district, and an application to amend the county’s future land-use map to change designation of the property from low-density to a developing area, which is needed for the zoning change.

At its Feb. 25 meeting, Sussex County Planning and Zoning Commission recommended approval of both applications. Following its public hearing, county council members voted to defer a decision to a future meeting.

Application does not require site plan

Because the application is for an HI-1 rezoning, a site plan is not required during the application process.

“Is this a blank check now with no proposed uses?” asked District 5 Councilman John Rieley.

Mark Davidson, a land planner with Pennoni Associates, responded that lighter industrial uses would be suitable along the roadway frontage with more heavier industrial uses in the back section of the property near the Delmarva Central Railroad line.

“So at this time, we have no idea what type of industries would be there?” Rieley asked.

“There are no specific uses,” responded David Hutt, the applicants' attorney.

“We could be talking about significant truck traffic and noise in close proximity to residential development,” Rieley said. The property is near the Pemberton community on the east side of Route 30; approximately 130 people reside in the development.

Davidson replied that with access to a railway, the number of trucks would be reduced. In addition, he said, the proposed truck entrance is along Route 16, away from the residential area on Route 30.

Hutt reminded Rieley that Route 5/30 is a state-designated truck route.

Hutt also said the county has a process in place to review any proposed uses that are deemed potentially hazardous. He said there are 45 specified uses in county code that require a public hearing before the Sussex County Board of Adjustment.

Davidson said once a preliminary site plan is developed, state transportation officials will review it, and a traffic-impact study will likely be required to determine what road improvements would be needed.

The site plan would also be subject to review and approval by the planning and zoning commission.

Pemberton residents' concerns

Residents of the Pemberton community along Route 30 voiced their concerns about the rezoning based on traffic and environmental issues.

Pemberton resident Carol Remenick said she and her husband selected to retire to the area because of the community's location in a rural area with easy access to the rest of the Cape Region. “It's a quiet community that seems like heaven to us,” she said. “With heavy industry across the street, now there is a strong chance everything we thought we were getting will change. We'll have to consider if we want to live in Delaware or not when one farmer can change everyone's lives.”

Anthony Scarpa, a member of the Pemberton HOA board of directors, said if the application is approved, it sends a message to everyone buying a new home in Sussex County that anything can happen on open land near their property.

He said there are already about 100 poultry trucks on Gravel Hill Road each day, with another 3,700 trips per day possible from the proposed industrial park site.

Scarpa said residents are concerned about the potential impact of more development on their water wells.

He said in the area, a wastewater spray-irrigation facility is expected to begin operation this year and another nearby parcel has been used for more than 20 years to apply untreated wastewater.

Scarpa said many residents already have increased nitrate levels impacting their wells.

Several residents also expressed concern about a proposed access road to the property aligning with the entrance to their community.

District 3 Councilman Mark Schaeffer asked whether or not the proposed access could be removed or relocated to alleviate residents' concerns.

Davidson said state traffic officials prefer to combine entrances to adjacent projects to create one intersection. However, he said, the development team could discuss the issue with Delaware Department of Transportation staff to see if the access could be eliminated. “We have no problem with that,” he said.

Other access points are planned along Route 16 and another on Route 30.

Questions about sewer and water

An issue arose involving sewer and water connections to the property.

Milton resident Keith Steck said there was conflicting information in the public record relating to sewer and water availability.

He said reference to Artesian Water Company providing services is erroneous. “Artesian does not have a treatment plant in the area. That's misleading to the public to imply a facility is there,” he said.

He said the nearest wastewater treatment plant is operated by Tidewater Utilities in Milton.

Steck said Artesian has an 8-mile pipeline, which borders the proposed property, which runs from the Allen Harim poultry processing plant in Harbeson to a spray-irrigation field off Route 16 near the property.

“They can't hook into that and pump in raw sewage into a line with treated wastewater,” he said.

Steck said he can't find support letters from Tidewater or Artesian in the applicant's materials. “How will council know what services are provided?” he asked. “The extent of water and sewer services around this site needs to be made clear before council takes action.”

Davidson said Tidewater is the certified company to provide water and sewer services to the area in the future.

“Is central water and sewer make or break for the project? How critical is that issue?” Rieley asked.

Sussex County Director of Planning and Zoning Jamie Whitehouse said water and sewer is not an issue for consideration under the rezoning application, but it would be considered during site-plan review once the developer determines what types of companies will build in the park.

Map amendment required

In order for the application to be approved, the county must first amend its current future land-use map included in the comprehensive plan. The property is listed in a low-density area where industrial uses are not permitted.

The developer has filed for an amendment to the map to change it to a developing area. Hutt said the property is adjacent to existing county-designated growth areas, with a City of Milton growth area across the road.

He said the property meets all criteria for a developing area including access to utilities, proximity to major roads and intersections, and near other developing areas. In addition, he said, the property has access to a railroad spur.