Sussex P&Z reopens public record on Northstar

Editor’s note: A second story about the July 17 public hearing, including comments from the opposition, will appear in an upcoming edition of the Cape Gazette. 

Although the Sussex County Planning & Zoning Commission did not vote on the four applications for the Northstar Property LLC project near Lewes, commissioners did vote to reopen the public record for one item – to request information from Cape Henlopen School District to provide an estimated population of school-aged children within the residential section of the project at build-out of 758 housing units.

During previous public hearing testimony, David Hutt, the developer’s attorney, said a consultant from Sage Policy Group estimated that number at 79. But according to Sussex Preservation Coalition board member Joe Pika, that number is 426 students in data provided by Cape Henlopen School District Director of Operations Jason Hale.

Commission Chair Bob Wheatley said they need official input from the school district. “We’ll open the record for that purpose. We need a formal inquiry with time for the public and applicant to respond,” he said.

Pika said Sage did not consult with the district when making its estimate. He said the estimate is based on about one half of residents as full time, with school-aged children comprising 5.9% of that population, or 79 children.

He said the affordable apartments section would have about 32 school-aged children.

“That number is not reasonable,” Pika said.

On behalf of the coalition, Pika sent a letter to the commission requesting the public record be reopened. The coalition asked the commission to consider highly relevant information not available before the July 17 public hearing.

Specifically, to evaluate and resolve the huge discrepancy in the developer’s estimate of the school-aged population in the development at build-out and to obtain data from a 2022 update of the Henlopen Transportation Improvement District.

The proposed Northstar mixed-used project is on a 433-acre parcel between Route 9 and two sides of Beaver Dam Road west of Five Points near Lewes.

The project includes a subdivision of 758 single-family home lots on 379 acres, a commercial area of 96,000 square feet on 13 acres along Route 9 and an affordable apartment complex with 94 units on 8 acres also along Route 9.

There are four applications for the project, including rezoning applications from AR-1, agricultural-residential, to C-3, heavy commercial, and from AR-1 to MR, medium-density residential, and a conditional-use application for multifamily housing.

Road extension

Commissioners also discussed the applications.

Assistant county attorney Vince Robertson told commissioners there needs to be some trigger that compels the developer and Delaware Department of Transportation to complete a section of the planned Mulberry Knoll Road Extension through the center of the project.

DelDOT has proposed a new road linking Cedar Grove and Mulberry Knoll roads to Route 9.

“We want that road to be done first. We need to word it so DelDOT streamlines the project and it doesn’t get held up in bureaucracy,” he said. “We could have a condition imposed.”

Robertson said the county can tie completion of roadwork to phasing in the TID. He added the timeline needs to be clearly documented in a condition and in the transportation improvement agreement between the county, developer and DelDOT.

Other concerns

Commissioner Bruce Mears asked if the site plan meets the county’s open space requirements, especially pertaining to the number of contiguous acres.

Planning & Zoning Director Jamie Whitehouse said the lands are contagious but are also fragmented.

“There is room to reconfigure lots for greater contiguous space. Lots 221 through 226 need to be moved, and it can be done,” Whitehouse said.

Mears said he would like to see a fence between the Northstar property and the horse farm on Beaver Dam Road.

Commissioner Holly Wingate said to alleviate Elks Lodge members’ concerns, the developer should pay if an electronic media sign needs to be moved due to road improvements.

Affordable housing

Commissioners expressed concern with the proposed 94 affordable housing apartments along Route 9.

“It’s in one corner and the residents can’t use the amenities. I have some concern about that,” Wheatley said. “I’d like to see some accommodation be made. Do the folks in the affordable housing live there or not?”

Wingate said she’s concerned about HOA fees if amenities are added to the plan but said that a pool would be one to consider.

“On a really hot day, how do you explain to a 7-year-old they can’t go to the pool?” Wheatley asked.

“We need to make the affordable housing enforceable and trackable to make sure it’s actually affordable housing that can be tracked by the county,” Robertson said.