Why Should Delaware Care?
Belle Mead is one of several controversial developments that have become part of a larger debate over how to manage growth in booming eastern Sussex County. If the resident group wins the appeal, the court’s intervention could change the course of that debate.
A group of Delaware land-use activists is asking a judge to force the Sussex County Council to deny a proposal to build apartments and shops near the Delaware beaches, arguing that local officials misunderstood the timing of traffic improvements, among other issues.
Members of the nonprofit Route 24 Alliance on Monday filed the appeal for judicial review of a County Council approval of the rezoning request for the controversial Belle Mead development.
The appeal argued that the standard of living in that corner of Sussex County will be degraded “by the traffic, safety, congestion and pollution repercussions from the project.”
Last month, the council voted 3-2 to approve the rezoning request from the project developer, Capano Management.
While the developer still needs other approvals, the council’s vote essentially green lit the development, which will transform a horse farm into 125,000 square feet of commercial space and up to 334 apartments. A total of 15% of those apartments will be under the county’s affordable housing program.
The 40-acre property inland from Rehoboth Beach is adjacent to Beacon Middle School and across Route 24 from Love Creek Elementary School. It sits about 2 miles southwest of Route 1.
Sussex County Communications Director Chip Guy said in an email that the county “does not comment on pending or active litigation.”
A Capano Management spokesperson said the company does not have a comment about the appeal.
When the council first made the rezoning decision, Capano Management released a statement saying Belle Mead is “thoughtfully supported by existing and planned infrastructure” and is located where the county has determined growth is appropriate.
Reasons behind the appeal
The appeal asserts that county council members “misunderstood several crucial data points,” primarily the timing of traffic improvements around the site.
While explaining his vote in favor of the rezoning, Councilman Matt Lloyd said the buildout of Belle Mead “aligns” with planned major improvements to Route 24.
Lloyd did not say which improvements he was referring to. But DelDOT plans to widen Route 24, although the project will be in preliminary planning stages through 2032, according to the state’s draft Capital Improvement Plan.
Belle Mead is projected to be fully built out by 2032, well before construction on that widening would begin.
The appeal points to Lloyd’s comments as an example of a “mistaken belief” that led to the council’s approval.
The appeal also cites a letter from Cape Henlopen School District’s Director of Operations Jason Hale opposing any additional growth in the district until an impact fee program was in place.
Belle Mead is located next to Beacon Middle School and Love Creek Elementary School. Hale’s letter also stated that increased traffic from Belle Mead could adversely affect the school pick up and drop off, as well as student safety.
The Route 24 Alliance members on the appeal, Judy Rose Seibert and Steve Selway, did not have further comments about the litigation.
But Seibert previously made an hour-long presentation to County Council urging them to deny the rezoning request.
She argued that since Belle Mead would be the first approved under the county’s C-4 zoning district, the county council’s decision will set a precedent for what level of traffic congestion is acceptable for future applications.
Seibert said Sussex County does need more affordable housing, “but this is not the right place for it.”