Sussex County defers action on a rezoning request for the 179-home Lantern Cove development proposed in Frankford.
The request seeks to change zoning for the land the development would be built on from Agricultural to medium-density Residential Planning Community.
Earlier this month, the Sussex County Planning and Zoning Commission recommended against letting the Lantern Cove development move forward.
The developer’s attorney David Hutt says when that happens applicants sometimes withdraw their application. But he says his client, NVR, isn’t doing that.
“The Planning Commission’s recommendation is not supported by substantial objective evidence in the record, which leaves the County in a position where land use is being decided in an ad-hoc or arbitrary manner.” he said.
Sussex County announced earlier this year it would pause public hearings on subdivision applications, but this hearing is not on the proposal itself, just NVR's request for a change in zone.
The planning commission offered ten reasons to deny the plan, including nearby Bayard Road being unable to handle the increased density.
They also argue the plan does not satisfy the goals of a Residential Planned Community in County code, which encourages “large-scale developments as a means of creating a superior living environment”.
Hutt argues there’s no evidence Bayard Road can’t handle an increase in density and argues traffic concerns are unfounded.
“Under the current zoning, morning peak would be 80 vehicles, and the evening peak would be 117 vehicles. With the proposed zoning, the morning peak 101 vehicles and in the afternoon 120 vehicles.” he said.
He also argues the standards for “large-scale” developments are arbitrary, pointing to other housing developments like Milo's Haven, Sycamore Chase, and Ashton Oaks — which were all approved as RPCs and all located in Frankford — as having similar unit counts to Lantern Cove
It’s worth noting that even without council approval to rezone, Lantern Cove may still be able to develop the area as a cluster subdivision under House Bill 450 and Senate Bill 23.
Sussex County Council voted to defer action on the zoning change request for further consideration in a unanimous decision.
