Two months after denying a preliminary site plan for the next stage of the Cypress Hall subdivision and faced with the threat of legal action, Milford City Council abruptly reverses course and gives the plan unanimous approval.
The Phase IV plan for Cypress Hall would add 64 single family detached homes and 30 semidetached homes to the massive subdivision. Overall, the site is planned to have 549 units.
Phase IV was approved in a 4-0 vote by the city’s planning commission in August, but ran into problems in front of the city council later that month. Citing concerns, including parking and infrastructure, five council members voted against the site plan. Just two council members voted to approve it.
That prompted a letter threatening legal action from Shawnee Farms, the site’s developer.
At a council meeting on Monday, the proposal was back for reconsideration. John Paradee, an attorney representing the developer told council members they erred in denying the site plan.
“This application satisfies all of the code requirements under Chapter 200 and 230 of your code,” Paradee said. “And for that reason, settled Delaware law says there was no discretion to deny it.”
That differs from a rezoning request, he noted, when council members have some flexibility.
“If you don't like the rules, change them,” Paradee told council members. “The problem here is we have satisfied all of your rules and the case law says very clearly under these circumstances you just don't have the discretion to say no.”
However, that argument did not seem to sway many members of the public, who raised concerns during public comment about infrastructure and school and health care capacity. One of those commenters was Julie Morris.
“We'd rather sue them, or be sued by them, than have another development,” she said.
City staff confirmed Paradee’s contention that the Phase IV plan meets city code standards, and council members seemed to change their minds, although some remained reluctant. One council member who supported the measure in August and again on Monday was Katrina Wilson.
“We cannot discriminate against developers. That's why the codes are in place,” she said. “We have to make sure that we follow the codes.”
City Council approved the preliminary site plan 6-0 with two members absent. Now, the Phase IV plan will go into the design stage. Design and construction is expected to take more than five years.
