Sussex County CouncilPublic/Media Packet

MEETING:March 19, 2019

**DISCLAIMER**This product is provided by Sussex County government as a courtesy to the generalpublic. Items contained within are for background purposes only, and are presented‘as is’. Materials included are subject to additions, deletion or other changes prior tothe County Council meeting for which the package is prepared.

Sussex County Council2 The Circle | PO Box 589

Georgetown, DE 19947(302) 855-7743

SUSSEX COUNTY COUNCIL

A G E N D A

MARCH 19, 2019

10:00 A.M.

Call to Order

Approval of Agenda

Approval of Minutes

Reading of Correspondence

Public Comments

Todd Lawson, County Administrator

1. Recognition of Sussex County EMS JEMS Team

2. Presentation and discussion related to Sussex County & DelDOT Coordination

3. Administrator’s Report

Karen Brewington, Director of Human Resources

1. Discussion and recommendation on the Occupational Health Services RFP

Hans Medlarz, County Engineer

1. Project contribution for Pump Station 200 Entrance Safety Modification

Old Business

1. Subdivision Appeal – Streams Edge Subdivision #2018-8

2. Conditional Use No. 2162 filed on behalf of Yellow Metal, LLC “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN

AR-1 AGRICULTURAL RESIDENTIAL DISTRICT AND C-1 GENERAL COMMERCIAL DISTRICT FOR A PAVING CONSTRUCTION BUSINESS WITH AN OFFICE AND EQUIPMENT STORAGE TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN GEORGETOWN HUNDRED, SUSSEX COUNTY, CONTAINING 39.630 ACRES, MORE OR LESS” (Tax I.D. No. 135-11.00-31.00) (911 Address: 20288 Broadogs Place, Georgetown)

3. Conditional Use No. 2157 filed on behalf of Country Lawn Care & Maintenance,

LLC (c/o Gerald and Stephania Dougherty “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN

AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A LANDSCAPING BUSINESS TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN INDIAN RIVER HUNDRED, SUSSEX COUNTY, CONTAINING 4.26 ACRES, MORE OR LESS” (Tax I.D. No. 234-11.00-78.07) (911 Address: 30435 Hollymount Road, Harbeson)

Grant Requests

1. Cape Henlopen Educational Foundation for Teacher Grants Program

2. Cape Henlopen School District for H.O. Brittingham Elementary School’s Robotics Program

Introduction of Proposed Zoning Ordinances

Council Members’ Comments

1:30 p.m. Public Hearings

“AN ORDINANCE TO AMEND ORDINANCE #2620 ADOPTING THE COMPREHENSIVE PLAN FOR SUSSEX COUNTY TO ADDRESS CHANGES TO THE COMPREHENSIVE PLAN RAISED BY THE STATE OF DELAWARE EXECUTIVE DEPARTMENT, OFFICE OF STATE PLANNING COORDINATION, IN A LETTER DATED JANUARY 18, 2019”

Conditional Use No. 2160 filed on behalf of Procino, Wells and Woodland, P.A.

“AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A PROFESSIONAL OFFICE TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, CONTAINING 0.91827 ACRE, MORE OR LESS” (lying on the north side of Savannah Road, approximately 878 feet west of Dove Road) (Tax I.D. No. 335-12.06-3.00) (911 Address: 1519 Savannah Road, Lewes)

Conditional Use No. 2161 filed on behalf of Howard Weston Development Company, LLC “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A PROFESSIONAL OFFICE FOR ACCOUNTING, TAX PREPARATION, AND BOOKKEEPING SERVICES TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, CONTAINING 0.9468 ACRE, MORE OR LESS” (lying on the north side of Lewes-Georgetown Highway (Route 9) approximately 0.38 mile west of Sweetbriar Road) (Tax I.D. No. 334-4.00-80.00) (911 Address: 29065 Lewes-Georgetown Highway) Change of Zone No. 1872 filed on behalf of T.S. Smith and Sons, Inc. “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO A C-3 HEAVY COMMERCIAL DISTRICT FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN NORTHWEST FORK HUNDRED, SUSSEX COUNTY, CONTAINING 25.6694 ACRES, MORE OR LESS” (lying on the west side of Sussex Highway (Route 13), south side of Fawn Road, east side of Main Street, and north side of Redden Road) (Tax I.D. No. 131-10.00-89.00) (911 Address: 8899 Redden Road, Bridgeville)

Adjourn

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Sussex County Council meetings can be monitored on the internet at www.sussexcountyde.gov.

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In accordance with 29 Del.C. §10004(e)(2), this Agenda was posted on March 12, 2019 at 4:30 p.m., and at least seven (7) days in advance of the meeting.

This Agenda was prepared by the County Administrator and is subject to change to include the addition or deletion of items, including Executive Sessions, which arise at the time of the Meeting.

Agenda items may be considered out of sequence.

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SUSSEX COUNTY COUNCIL - GEORGETOWN, DELAWARE, MARCH 12, 2019 Call to Order M 112 19 Amend and Approve Agenda Minutes Corre- spondence Public Comments

A regularly scheduled meeting of the Sussex County Council was held on Tuesday, March 12, 2019, at 10:00 a.m., in the Council Chambers, Sussex County Administrative Office Building, Georgetown, Delaware, with the following present: Michael H. Vincent President

Irwin G. Burton III Vice President Douglas B. Hudson Councilman John L. Rieley Councilman Samuel R. Wilson Jr. Councilman Todd F. Lawson County Administrator Gina A. Jennings Finance Director J. Everett Moore, Jr. County Attorney The Invocation and Pledge of Allegiance were led by Mr. Vincent. Mr. Moore called the meeting to order. A Motion was made by Mr. Burton, seconded by Mr. Wilson, to amend the agenda by deleting Conditional Use No. 2158 filed on behalf of Millsboro Solar, LLC from the 1:30 p.m. Public Hearing listing, and to approve the Agenda, as amended. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Mr. Lawson noted that the Public Hearing on Conditional Use No. 2158 filed on behalf of Millsboro Solar, LLC will be rescheduled and advertised for April 2, 2019 at 10:30 a.m. The minutes of February 26, 2019 were approved by consent. Correspondence SELBYVILLE MIDDLE SCHOOL, SELBYVILLE, DELAWARE. RE: Letter in appreciation of grant. Public Comments Paul Reiger and Dan Kramer commented on Board of Adjustment matters.

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March 12, 2019 - Page 2

Public Comments (continued) Adminis- trator’s Report First Quarter Employee Recognition Awards South Coastal Library Reading Garden Alterations Project/ C/O M 113 19

Jim Martin commented on workforce housing. Ken Bock, Chief Executive Officer of CHEER, gave a presentation on CHEER’s Meals on Wheels / Nutrition Program and the Sussex Seniors Kitchen Capital Campaign, including a funding request in the amount of $400,000. Mr. Lawson read the following information in his Administrator’s Report: 1. Advisory Committee on Aging & Adults with Physical Disabilities for

Sussex County

The Advisory Committee on Aging & Adults with Physical Disabilities for Sussex County will meet March 18th at 10:00 a.m. at the Sussex County Administrative Offices West Complex, 22215 North DuPont Boulevard, in Georgetown. Erin E. Willis, Director of Business Development, SUN Behavioral Health, Delaware, will be speaking on “Services of the Newly Opened SUN Psychiatric Hospital in Georgetown.” The Conference Planning Subcommittee will also meet at 11:30 a.m. to discuss planning for the conference scheduled for May 9th. A copy of the agenda for each meeting is attached.

2. Project Receiving Substantial Completion

Per the attached Engineering Department Fact Sheet, Peninsula Lakes – Phase 7A (Construction Record) received Substantial Completion effective February 22nd.

[Attachments to the Administrator’s Report are not attachments to the minutes.] Mrs. Jennings reported that the County recognizes employees for exceptional service and that a total of thirty (30) employees received recognition for the First Quarter of 2019. Mrs. Jennings announced that Teresa Ciekot, Recorder of Deeds, was selected to receive the First Quarter Customer Service Award, and Gerri Gorlich of the Library Department received Honorable Mention. Hans Medlarz, County Engineer, presented the Balancing Change Order and request to grant Substantial Completion for the South Coastal Library Reading Garden Alterations Project. The Change Order was for drip irrigation added to the flower beds and planters and cleaning of existing pavers (increase of $1,456.88) and included balancing of costs (decrease of $2,726.57), resulting in the credit amount of $1,269.69. Additional contract days are requested due to weather related delays and scope of work revisions. A Motion was made by Mr. Burton, seconded by Mr. Hudson, based upon the recommendation of the Sussex County Engineering Department, that

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March 12, 2019 - Page 3

M 113 19 Approve C/O and Grant Substantial Completion/ South Coastal Library Reading Garden (continued) IBRWF Irrigation Rigs Replace- ment Project M 114 19 Award Bid/ IBRWF Irrigation Rigs Rigs Replace- ment Project Western Sussex Property Mainte- nance/ C/O M 115 19 Approve C/O for Western Sussex Property Mainte nance

Change Order No. 3 for Contract L19-03, South Coastal Library Reading Garden, be approved decreasing the contract amount by $1,269.69 for a new total of $193,518.31, and that Substantial Completion be granted, effective February 12, 2019 and any held retainage be released in accordance with the contract documents. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Hans Medlarz, County Engineer, presented a recommendation to award the IBRWF Irrigation Rigs Replacement Project No. 19-21. Mr. Medlarz reported that the Environmental Services Division has determined that the largest two (2) of the center pivot type spray irrigation rigs need full replacement as they are beyond life expectancy and that the third rig can be refurbished. A Motion was made by Mr. Burton, seconded by Mr. Hudson, based upon the recommendation of the Sussex County Engineering Department, that Contract 19-21, IBRWF Irrigation Rigs Replacement, be awarded to Sussex Irrigation for the Base Bid A-1 and A-2 in the amount of $121,200.00 and Alternate Bid Item B-1 in the amount of $4,860.00, for a total bid amount of $126,060.00. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Hans Medlarz, County Engineer, presented Change Order No. 1 for the Western Sussex County Property Maintenance Project in the amount of $5,100.00 to adjust the maintenance schedule at Woodland Park from a 3-week cycle to a 2-week cycle for the remainder of the contract and a one-time fee for clearing the park’s trailhead. Mr. Medlarz advised that the Engineering Department is also requesting the discretion to approve the new yearly contracts of $13,300.00 through 2022, based on performance. A Motion was made by Mr. Burton, seconded by Mr. Wilson, based upon the recommendation of the Sussex County Engineering Department, that Change Order No. 1 for the Western Sussex County Property Maintenance be approved, increasing the contract amount by $5,100.00 for a new total of $14,800.00, and authorizing the Engineering Department to approve the yearly contract of $13,300.00 through 2020. Motion Adopted: 5 Yeas.

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M 115 19 (continued) Sherwood Forest North Expansion/ Request to Post Notices M 116 19 Authorize Notices/ Sherwood Forest North Expansion Record Closed/ CU 2162 Record Closed/ CU 2157 Grant Requests M 117 19 Council- manic Grant

Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea John Ashman, Director of Public Works, requested permission to post notices for the Sherwood Forest North Expansion of the Sussex County Unified Sanitary Sewer District (Long Neck Area). The expansion would include all remaining parcels within the Sherwood Forest Subdivision and miscellaneous parcels along Bay Farm Road. Over the past several years, the Engineering Department has received requests from many property owners interested in having the County extend the Sewer District Boundary. In response, the Department sent out polling letters; the results of the poll to date show 67 parcels (40%) in support and 53 parcels (32%) opposed. In total, 167 parcels were polled with 120 responding. The six parcels along Bay Farm Road were not polled but are included at this time as service is available for those parcels. If authorized, a public hearing will be scheduled on the annexation of the area. Projected annual costs will be presented at the public hearing as well as to Council at a later date. A Motion was made by Mr. Burton, seconded by Mr. Wilson, that the Sussex County Council authorizes the Sussex County Engineering Department to prepare and post notices for the Sherwood Forest North Expansion of the Sussex County Unified Sanitary Sewer District to include parcels within the Sherwood Forest North Subdivision and miscellaneous parcels along Bay Farm Road, as presented. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Under Old Business, Jamie Whitehouse, Planning and Zoning Manager, reported that the record is now closed on Conditional Use No. 2162 filed on behalf of Yellow Metal, LLC. Under Old Business, Jamie Whitehouse, Planning and Zoning Manager, reported that the record is now closed on Conditional Use No. 2157 filed on behalf of Country Lawn Care & Maintenance, LLC (c/o Gerald and Stephania Dougherty). Mrs. Jennings presented grant requests for the Council’s consideration. A Motion was made by Mr. Burton, seconded by Mr. Wilson, to give $400.00 from Mr. Burton’s Councilmanic Grant Account to the Lewes – Rehoboth Beach Rotary Club for the Great Walks & Trails publication.

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March 12, 2019 - Page 5

Motion Withdrawn M 118 19 Council- manic Grant M 119 19 Council- manic Grant M 120 19 Council- manic Grant M 121 19 Council- manic Grant Introduction of Proposed Ordinances

Mr. Burton and Mr. Wilson withdrew their Motions. A Motion was made by Mr. Burton, seconded by Mr. Wilson, to give $375.00 from Mr. Burton’s Councilmanic Grant Account to the Lewes – Rehoboth Beach Rotary Club for the Great Walks & Trails publication. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Motion was made by Mr. Rieley, seconded by Mr. Hudson, to give $1,000.00 ($500.00 each from Mr. Rieley’s and Mr. Hudson’s Councilmanic Grant Accounts) to the Indian River Boys Volleyball Boosters for expenses. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Motion was made by Mr. Rieley, seconded by Mr. Wilson, to give $1,000.00 ($500.00 each from Mr. Rieley’s and Mr. Vincent’s Councilmanic Grant Accounts) to the Western Sussex Chamber of Commerce for the Bike and Brew Tour fundraiser. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Motion was made by Mr. Burton, seconded by Mr. Hudson, to give $500.00 ($250.00 each from Mr. Burton’s and Mr. Hudson’s Councilmanic Grant Accounts) to Police Unity Tour, Chapter 10 for the Annual Police Unity Memorial Bicycle Tour. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Mr. Burton introduced the Proposed Ordinance entitled “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR WELLNESS CLASSES (INCLUDING YOGA, MASSAGE MEDITATION, ACUPUNCTURE AND LECTURES) TO BE LOCATED ON A CERTAIN

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Introduction of Proposed Ordinances (continued) Council Members’ Comments M 122 19 Go Into Executive Session Executive Session

PARCEL OF LAND LYING AND BEING IN BROADKILL HUNDRED, SUSSEX COUNTY, CONTAINING 3.33 ACRES, MORE OR LESS” (Conditional Use No. 2156) filed on behalf of Christine and Joseph R. Hudson (Tax I.D. No. 235-16.00-75.00 and 77.00) (911 Address: 14904 Coastal Highway, Milton). Mr. Rieley introduced the Proposed Ordinance entitled “AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR MULTI-FAMILY TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN BALTIMORE HUNDRED, SUSSEX COUNTY, CONTAINING 38.13 ACRES, MORE OR LESS” (Conditional Use No. 2170) filed on behalf of Old Mill Bridge, LLC (Tax I.D. No. 134-21.00-6.00 [portion of]) (911 Address: None Available). Mr. Rieley introduced the Proposed Ordinance entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM A GR GENERAL RESIDENTIAL DISTRICT TO A GR-RPC GENERAL RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN BALTIMORE HUNDRED, SUSSEX COUNTY, CONTAINING 71.754 ACRES, MORE OR LESS” (Change of Zone No. 1881) filed on behalf of Norman Stephen Price Revocable Trust (Lakelynns) (Tax I.D. No. 134-19.00-13.03 and 134-18.00-38.00) (911 Address: 34703 Cider Lane, Frankford). The Proposed Ordinances will be advertised for Public Hearing. Council Members’ Comments Mr. Rieley recapped meetings/events that he has recently attended. Mr. Rieley and Mr. Hudson commented on their recent tour of the South Coastal Regional Wastewater Facility. At 10:58 a.m., a Motion was made by Mr. Hudson, seconded by Mr. Rieley, to recess the Regular Session and go into Executive Session to discuss a matter relating to Collective Bargaining. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea At 11:04 a.m., an Executive Session of the Sussex County Council was held in the Basement Caucus Room for the purpose of discussing a matter relating to Collective Bargaining. The Executive Session concluded at 11:58 a.m.

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M 123 19 Reconvene Regular Session M 124 19 Recess M 125 19 Recess Rules Public Hearing/ CZ 1871

At 12:00 p.m., a Motion was made by Mr. Burton, seconded by Mr. Rieley, to come out of Executive Session and to reconvene the Regular Session. Motion Adopted: 3 Yeas, 2 Absent. Vote by Roll Call: Mr. Hudson, Absent; Mr. Rieley, Yea; Mr. Wilson, Absent; Mr. Burton, Yea; Mr. Vincent, Yea There was no action on Executive Session matters. At 12:00 p.m., a Motion was made by Mr. Burton, seconded by Mr. Rieley, to recess until 1:30 p.m. Motion Adopted: 3 Yeas, 2 Absent. Vote by Roll Call: Mr. Hudson, Absent; Mr. Rieley, Yea; Mr. Wilson, Absent; Mr. Burton, Yea; Mr. Vincent, Yea At 1:30 p.m., a Motion was made by Mr. Burton, seconded by Mr. Hudson, to reconvene. Motion Adopted: 4 Yeas, 1 Absent. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Absent; Mr. Burton, Yea; Mr. Vincent, Yea Mr. Moore read the rules of procedure for public hearings. Mr. Wilson joined the meeting. A Public Hearing was held on the Proposed Ordinance entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO A B-2 BUSINESS COMMUNITY DISTRICT FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN CEDAR CREEK HUNDRED, SUSSEX COUNTY, CONTAINING 3.0 ACRES, MORE OR LESS” (Change of Zone No. 1871) Masten Realty, LLC (Tax I.D. No. 330-11.00-46.01) (911 Address: 6103 South Rehoboth Boulevard, Milford). The Planning and Zoning Commission held a Public Hearing on this application on February 14, 2019 at which time the Commission recommended approval. (See the minutes of the Planning and Zoning Commission dated February 14, 2019.)

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Public Hearing/ CZ 1871 M 126 19 Adopt Ordinance No. 2635/ CZ 1871 Public Hearing/ CZ 1873

Janelle Cornwell, Planning and Zoning Director, presented the application. The Council found that Jamie Masten of Masten Realty, LLC, the Applicant, was present on behalf of his application. He stated that he wishes to relocate his business and found this property (the application site) which is located behind the property where he resides; that he went through the PLUS process and was asked to look into annexation by the City of Milford; that the annexation fee is $4,000 and he does not want to pay that fee; that the property is not surrounded by City limits; that the area is changing and transitioning to commercial; that other commercial uses in the area include a liquor store and a gas station; that a country club is located across the street from this site; and that the site is located in Investment Level 1 according to the Strategies for State Policies and Spending. Public comments were heard. Dr. Robert Rescigno, a neighbor, expressed concern about parking. He stated that he has talked with the Applicant and that he hopes parking spaces can be limited along the Applicant’s property line that abuts his property. The Public Hearing was closed. A Motion was made by Mr. Burton, seconded by Mr. Wilson, to Adopt Ordinance No. 2635 entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO A B-2 BUSINESS COMMUNITY DISTRICT FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN CEDAR CREEK HUNDRED, SUSSEX COUNTY, CONTAINING 3.0 ACRES, MORE OR LESS” (Change of Zone No. 1871) filed on behalf of Masten Realty, LLC. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Public Hearing was held on the Proposed Ordinance entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM A GR-RPC GENERAL RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY TO A GR-RPC GENERAL RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY TO ALLOW FOR AMENDMENTS TO CONDITIONS OF APPROVAL FOR CZ 1721 (ORDINANCE NO. 2295) FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN BROADKILL HUNDRED, SUSSEX COUNTY, CONTAINING 154.72 ACRES, MORE OR LESS” (Change of Zone No. 1873) filed on behalf of Captain’s Way Development,

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Public Hearing/ CZ 1873 (continued)

LLC (Tax I.D. No. 235-13.00-2.00, 2.06, 2.07, 2.08 and 235-13.00-32.00 through 332.00) (911 Address: None Available). The Planning and Zoning Commission held a Public Hearing on this application on February 14, 2019 at which time the Commission recommended approval to amend Condition F of Ordinance No. 2295 to state that “The amenities contained within Phases 1, 2 and 3 shall be open and available to use by residents prior to the commencement of the second phase of construction.” and to amend Condition P of Ordinance No. 2295 to state “Area to be used as a school bus shelter with parking for five vehicles shall be set aside in the parking lot for the community center, and that both the DART bus stop and the school bus stop shall be constructed at the time that the DelDOT entrance is also constructed.” (See the minutes of the Planning and Zoning Commission dated February 14, 2019.) Janelle Cornwell, Planning and Zoning Director, presented the application. The Council found that Pret Dyer, member of Captains Way Development, was present on behalf of the application with Mark Davidson of Pennoni. They stated that this application was precipitated by the movement of the clubhouse closer to the entrance; that they are requesting that conditions of the former approval (Ordinance No. 2295; Change of Zone No. 1721) be amended; that Condition F currently reads as follows: “All amenities shall be clearly shown on the Final Site Plan and they shall be open and available to use by residents prior to the construction of the second phase of the development.”; that the problem is that this a multi-phase project and some roads will not be accessible to some areas until later phases; that they propose that Condition F be amended to the following: “The amenities contained within Phases 1, 2, and 3 shall be open and available for use by residents prior to the construction of the second phase of construction.”; that the project is divided by a creek that runs perpendicular to Route 16; that Condition P currently reads as follows: “Areas to be used as a DART bus stop and school bus shelter with parking for 5 vehicles shall be set aside near the entrance to the project. The areas for the bus stops shall be constructed at the time the DelDOT entrance is also constructed.”; that they propose that Condition P be amended to the following: “Area to be used as the school bus shelter with parking for 5 vehicles shall be set aside in the parking lot for the community center. Both the DART Bus Stop and the School Bus Stop shall be constructed at the time the DelDOT entrance is also constructed.”; that Cape Henlopen School District is in agreement; that it is a safer movement and location for the school bus stop; that the DART bus stop will be constructed on Route 16; that the amenities to be built in Phases 1, 2 and 3 will include a clubhouse with parking lot, outdoor pool, tot lot, dog park, pickle ball court, and natural surfaced walking path. Mr. Davidson explained how school buses will enter and exit the site.

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Public Hearing/ CZ 1873 (continued) M 127 19 Amend Condition M 128 19 Adopt Ordinance/ CZ 1873 M 129 19 Adjourn

A discussion was held regarding the wording of the proposed amendment to Condition F. There were no public comments. The Public Hearing and public record were closed. Mr. Moore read the title of the Proposed Ordinance. A Motion was made by Mr. Burton, seconded by Mr. Hudson, to amend Condition F, as follows: The amenities in Phase 1 shall be constructed and open before the issuance of building permits in Phase 2 and all other amenities shall be constructed prior to the issuance of a building permit in the next phase, and the amenities in Phase 8 shall be completed prior to the issuance of 50 percent of building permits in Phase 8. Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Motion was made by Mr. Burton, seconded by Mr. Wilson, to Adopt Ordinance No. 2636 entitled “AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM A GR-RPC GENERAL RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY TO A GR-RPC GENERAL RESIDENTIAL DISTRICT – RESIDENTIAL PLANNED COMMUNITY TO ALLOW FOR AMENDMENTS TO CONDITIONS OF APPROVAL FOR CZ 1721 (ORDINANCE NO. 2295) FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN BROADKILL HUNDRED, SUSSEX COUNTY, CONTAINING 154.72 ACRES, MORE OR LESS” (Change of Zone No. 1873) filed on behalf of Captain’s Way Development, LLC, with Conditions F and P (aka Conditions 6 and 16, respectively) and with Condition F being amended by prior Motion (Motion M 127 19). Motion Adopted: 5 Yeas. Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea A Motion was made by Mr. Rieley, seconded by Mr. Wilson, to adjourn at 2:09 p.m. Motion Adopted: 5 Yeas.

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M 129 19 (continued)

Vote by Roll Call: Mr. Hudson, Yea; Mr. Rieley, Yea; Mr. Wilson, Yea; Mr. Burton, Yea; Mr. Vincent, Yea Respectfully submitted, Robin A. Griffith Clerk of the Council

{An audio recording of this meeting is available on the County’s website.}

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MEMORANDUM TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable Irwin G. Burton III, Vice President The Honorable Douglas B. Hudson The Honorable John L. Rieley The Honorable Samuel R. Wilson, Jr. Todd F. Lawson, County Administrator FROM: Karen Brewington, Director Human Resources DATE: March 1, 2019 SUBJECT: Occupational Health Services Request for Proposal (RFP) Recommendation During Tuesday’s Council meeting, I will be presenting you with the RFP Review Panel’s Occupational Health Services recommendation. The types of services that are covered include but not limited to pre and post-employment physical examinations, post injury employee treatment, occupational health medical reviews, workers’ compensation examinations, vaccinations for safety sensitive employees, respirator fit testing and audiograms, drug and alcohol screening, DMV medical examinations.

The Occupational Health Services RFP was officially released on November 5, 2018. The deadline for submission was November 30, 2018 and the County received two (2) proposals. The RFP Review Panel met on December 3, 2018 to review both proposals. It was determined to bring in both organizations to interview. On January 24, 2019, the Review Panel interviewed Bay Health and Access Quality Healthcare.

Both organizations interviewed well and were comparable in scope of services, well qualified support staff and cost. However, there was a concern with the convenience of the service locations for Bay Health. Bay Health has one (1) facility in Sussex County that is dedicated solely to occupational health services. Another area of concern was the physician’s availability since their medical staff rotate throughout three of their locations in Milton, Milford and Dover.

Access Quality Healthcare has two locations that are dedicated to occupational health services, one is in Georgetown and the second location is in Long Neck. Both offices are more conveniently located for our employees based on their work locations throughout Sussex County. In addition, medical staff are more readily available.

It is the recommendation of the RFP Review Panel to seek Sussex County Council’s approval to enter into a contract with Access Quality Healthcare reflective of the requirements outlined in the County’s RFP.

Please do not hesitate to contact me at 855-7711 with any questions or concerns.

Occupational Health RFPMarch 26, 2019

Scope of Services

Pre & Post Employment Exams

Post Injury Treatment

Occupational Health Medical Reviews

Workers’ Compensation Exams

Vaccinations for Safety Sensitive Employees

Respirator Fit Testing & Audiograms

Drug & Alcohol Screening

DMV Medical Exams

RFP Schedule

Published RFP November 5, 2018

Proposal Submission Deadline November 30, 2018

Review Panel Met December 3, 2018 to Review Two Proposals

Interviewed Access Quality Healthcare & Bay Health on January 24, 2019

Review Panel to make recommendation to Council March 26, 2019

Total Lost-Time Injury Days by Year

0

50

100

150

200

250

300

350

2011-2013 Average 2014 2015 2016 2017 2018

Service Availability

Summary and Recommendation

Access Quality Health Care BayHealth Occupational

Provides Occupational Medicine

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Memorandum

TO: Sussex County Council The Honorable Michael H. Vincent, President The Honorable Irwin G. Burton III, Vice President

The Honorable Samuel R. Wilson, Jr. The Honorable John L. Rieley

The Honorable Douglas B. Hudson FROM: Hans Medlarz, P.E., County Engineer RE: Project Contribution for Pump Station 200 Entrance Safety Modifications

DATE: March 19, 2019 The intersection of SR-1 and Dartmouth Road in the Lewes area has been problematic for a long time. DelDOT constructed a traffic relief project under the improvements associated with the WAWA on the south side of the intersection. Now DelDOT is proposing to construct a traffic relief project on the north side of the intersection through Henlopen Plaza. The Department had approached the County as early as fall of 2017 with the idea to construct the northern relief project through the County’s Pump Station No. 200 land, adjacent to Henlopen Plaza. However, the latest design now approved and permitted moved the relief project north of the pump station parcel providing access to the pump station from the entrance road rather than SR-1. This constitutes safety improvement since larger County trucks will no longer back out onto SR-1. As part of the DelDOT project the existing pump station entrance will be removed at no cost to the County. However, DelDOT improvements are limited to the right-of-way and the owner of Henlopen Plaza, Ocean Highway, LLC has requested a financial contribution in lieu of the previously offered County real estate contribution. The Engineering Department is in support of the removal of the direct pump station access from SR-1. We have reviewed the attached proposal from the proposed contractor, UtiliSite, Inc. to Ocean Highway, LLC. The cost of the direct improvements associated with the pump station parcel is $6,055. In addition, the Engineering Department recommends a contribution towards the construction for the new entrance at +/-10% of UtiliSite, Inc’s bid of $148,125.00 in a total amount of $20,000.00. This approach represents a fair cost share and provides a turn key, safer access for Pump Station No. 200.

August 10, 2018 Alan Decktor Pennoni Associates, Inc. 18072 Davidson Drive Milton, Delaware 19968 SUBJECT: Entrance Approval Letter Henlopen Plaza - Right In/Right Out

Tax Parcel #334-6.00-498.00 SCR-014 (Costal Highway) Lewes & Rehoboth Hundred, Sussex County

Dear Decktor:

The Department of Transportation has reviewed the Commercial Entrance Plans dated February 20, 2018 (last revised July 25, 2018) for the referenced project and determined that they are in general conformance with the Department’s current regulations, specifications and standard details. By signing and sealing the plan set, the developer’s engineer is responsible for accuracy of content. Any errors, omissions or required field changes will be the responsibility of the developer. This plan approval shall be valid a period of three (3) years. If an entrance permit has not been obtained within three years, then the plans must be updated to meet current requirements and resubmitted for review and approval.

This letter does not authorize the commencement of entrance construction. The following items will be required prior to the permit being issued. A pre-construction meeting may be required as determined by the South District Public Works office.

1. A copy of the recorded Site Plan which is consistent with the DelDOT “No Objection

to Recordation” stamped plan and all appropriate signatures, seals, plot book and page number.

2. Three (3) copies of the approved entrance plans. 3. Completed permit application. 4. Executed agreements (i.e. construction, signal, letter). 5. An itemized construction cost estimate. 6. A 150% security based upon an approved itemized construction cost estimate and W-

9 form (if providing escrow). 7. A letter of source of materials, work schedule, list of subcontractors, emergency

telephone numbers and names of contact persons.

Henlopen Plaza - Right In/Right Out Decktor Page 2 August 10, 2018

Please contact the South District Public Works office (302) 853-1340 concerning any

questions you may have relative to the aforementioned required items.

Sincerely,

Steve Sisson Sussex County Subdivision Engineer

Development Coordination cc: Joe Reed, Breakwater Partners, LLC Janelle Cornwell, Sussex County Planning & Zoning Commission

Rusty Warrington, Sussex County Planning & Zoning Jessica L. Watson, Sussex Conservation District Gemez Norwood, South District Public Work Manager William Kirsch, South District Entrance Permit Supervisor Jerry Nagyiski, Safety Officer Supervisor Peter Haag, Traffic Studies Manager Jennifer Pinkerton, Chief Materials & Research Engineer Linda Osiecki, Consistency Control Engineer John Fiori, Bicycle Coordinator Maria Andaya, Pedestrian Coordinator Mark Galipo, Traffic Development Coordination Engineer Evan Lallier, Maintenance Support Manager Dan Thompson, Safety Officer North District Joseph Ellis, Contech Manager David Dooley, DTC Planner James Kelley, JMT Todd Sammons, Subdivision Engineer Brian Yates, Sussex County Reviewer

. . . .:--

Underground Utilities and Sitework Solutions

March 8, 2019

Ocean Highway Partnership 317 Rehoboth Avenue Rehoboth Beach, DE 19971

Attn: Joe Reed

RE: Henlopen Plaza Relief Entrance Lewes, DE

The following proposal for the above referenced project is based on site construction plans by Pennoni Associates, Inc. Drawings CS0001, CS0201, CS1001, CS1501, CS6001, CS8001 - CS8007, CS8501 & CS8502 dated 9129117.

Scope of Work - Relief Road

Earthwork I Sediment Control / Demolition 1. Strip and stockpile topsoil 48 CY. 2. Dispose of excess topsoil offsite 118 CY. 3. Dispose of excess fill material onsite 62 CY. 4. Excavate for Stonntech and dispose of fill material onsite 400 CY. 5. Re spread 6" of topsoil on disturbed areas 48 CY. 6. Furnish and install Construction Entrance 1 EA. 7. Furnish and install inlet protection 3 EA. 8. Furnish and install riprap apron 6 TN. 9. Seed and mulch disturbed areas (1 application only) 290 SY. 10. Remove existing striping I LS. 11. Remove existing hot mix 52 SY. 12. Remove existing trees I vegetation 1 LS.

20721 Robinsonville Road Lewes, De 19958

. ~-~~

Phone/Fax: (302) 945-5022 utilisiteinc@verizon.net

Underground Utilities and Sitework Solutions

Stonnwater Management 1. Furnish and install 110 LF of 3" PVC perforated pipe. 2. Furnish and install 24 LF of 12" ADS pipe. 3. Furnish and install 119 LF of 18" ADS Pipe. 4. Furnish and install 27 LF of24" ADS pipe. 5. Furnish and install Storm Tech system 1 LS. 6. Furnish and install 1 EA 48"x48" catch basin. 7. Furnish and install 1 EA stormwater manhole. 8. Furnish and install 1 EA observation well.

Site Concrete 1. Furnish and install PCC Curb, Type 1-6 371 LF.

Stabilization & Paving I Site lmprovemen1s 1. Furnish and install 6" of CR-6 Stone for roadway 149 TN. 2. Fine grade stone 458 SY. 3. Furnish and install 2" of Type B Hot Mix for roadway 54 TN. 4. Furnish and install I 1/2" of Type C Hot Mix for roadway 38 TN. 5. Furnish and install parking lot striping 1 LS. 6. Furnish and install 1 EA handicap sign. 7. Furnish and install 1 EA stop sign.

Costs for Relief Road: $148,125.00

Scope of Work- County Pump Station

Earthwork 1. Strip and stockpile topsoil 5 CY. 2. Dispose of excess topsoil offsite 23 CY. 3. Respread 6" of topsoil on disturbed areas 5 CY. 4. Seed and mulch disturbed areas (1 application only) 30 SY.

. ~;;_ ~'--

Underground Utilities and Sitework Solutions

Stabilization & Paving 1. Furnish and install 6" of CR-6 Stone for paved expansion 32 TN. 2. Furnish and install 2" of Type B Hot Mix for paved expansion 12 TN. 3. Furnish and install l 1/2" of Type C Hot Mix for paved expansion 9 TN.

Costs for County Pump Station: $6,055.00

EXCLUSIONS:

• All fees & permits • Soils and hot mix testing • Imported fill and topsoil • Compaction and I or patching of utility trenches installed by others • Landscaping • Unsuitable dirt removal and replacement • Site lighting I electrical • Removal I relocation of light poles • Undercutting of proposed subgrade • Soil additives, lime, cement, etc. fo r drying purposes • Dewatering • Removal of spoils generated by other trades • CCR reports • Performance and payment bonds • All work within Deldot right of way • Any work not specifically mentioned in our proposal

Notes: I. Stonn pipe to be backfilled with native material with the exception of the Stormtech System. 2. Construction stakeout by UtiliSite for our work only.

The price per ton of Hot Mix installed on this project shall be subject to a price increase or decrease as determined by the State of Delaware AC Posted Price Index for Liquid Asphalt -during the month in which Hot Mix is installed on this project.

The "Baseline Index" for March 2019 is $481.67 per liquid ton per the Delaware Posted Price Index. For every $10 incremental adjustment to the "Baseline Index" the price per ton of hot mix installed shall be adjusted by $.60 per ton of hot mix.

Phone/Fax: (302) 945-5022 utilisiteinc@verizon.net 20721 Robinsonville Road

Lewes, De 19958 . ~-~--­

Underground Utilities and Sitework Solutions

Proposal is based on current market rates for fuel and materials and as such, these prices are valid for a limited period of time. Any substantial increases in fuel, transportation and/or material costs will be reflected in a negotiated change order.

UtiliSite, Inc_ warrants workmanship and materials for a period of 1 year after final acceptance.

We appreciate the opportunity to provide you with this proposal and ask that you please call if you should have any questio~.

Respectfully,

;&'5~ BobM~~t .

Del DOT NO OBJECTION TO

RECORDATION August 14, 2018

DATE

SITE INFORMATION: SITE ADDRESS:

18068 & 18076 COASTAL HIGHWAY LEWES, DE 19958

CLIENT· BREAKWATER PARTNERS LLC 317 REHOBOTH AVENUE REHOBOTH BEACH, DELAWARE 19971

ENGINEER: PENNON! ASSOCIATES INC. 18072 DAVIDSON DR, MILTON, DE 19968

KITCHEN & COMPANY CAPE !/VINE & SPIRITS _I

~----

HENLOPEN PLAZA SHOPPING CENTER

L __ _

I

II '

CITIZENS BANK

SEWER CLEA/I/OUT

II SEWER CLEANff!T ~

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11

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PROJECT BENCHMARK CONCRETE MONUMENT'fOUND

ELEV' 16.89 (NAV088) NORTHING: 271555.1699

EASTING· 730767.5391

ii

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I

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SEE CROSS ACCESS EASEMENT DETAIL 1, CS1002

EX/STING PARKING

TM. 334-600-49708 LANDSNIFOCEANHIGHWAY. LLC

8 DEED BOOK 2720, PAGE 023 r- ----

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9 ---

ELECTRICAL CABINET

"--__ N4954'49"W 7000'

:::...=-....:..~·====----=-~-- --~=

. I TA-f.-:JJ4-6.00-491.04 ---, I - I LANDS NIF SUSSEX COUNTY ~---.-~

\ ~I ~DE£DBOOK2357 PAGE026

T G5 o q EX!S TJNG ASPHALT <D

DRIVEWA V ANTENNA "'.:.._,

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LOADING

.---------.1 PROPOSED

CONCEPTUAL PAD SITE I (SEPARATE CONTRACT)

PROPOSED BLDG. 42' x 55' 2,310SF

EXIST/,VG 51' DELMARVA POWER & LIGHT CO RIGHT OF WAY PERPLATBOOK39, PAGE 12

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SEWER CLEANOUT --.(,'+~EXISTING

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;ELEP_H_O-NE PE_D_E_S±T,=:4=L==.'°'_== t=~ -------' -------

-t- + ---- -':'-~RIG.AL EQUIPM€N-T----=.--::-+..._~- ---- - - c;-

I , ' D~i:;r:;_o;:;:;,,i~w:i::fi::J:~~;;,~,, rn •. £1 _. ~ " ' _ • ~f ___ = , 5' /;1/JDE ~F~A~AAIE'!Z_._EASE~Ej:JriDDELDq__~PER ~EED B~OK 3167, P~GE 342 AND ~LAT BOOK ~4.~ PAGE

654- ~. ___,___ ___ ,_--~:C <~ I /~ - -- ---.:._---c-' --

EDGE OF PAVEMENT ' EXISTING POWER POLE _j

OP&L POLE# 6151

COASTAL HIGHWAY (DEL. 1, SCR 014) PRINCIPAL ARTERIAL (R. o--:-w VARIES)

ASURED ALONG CENno~ OF NE~ TRAVEL LANE - j ~

REFER TO SHEET CT0501 PROPOSED ENTRANCE CONSTRUCTION

SEE SIGHT TRIANGLE DETAIL ON SHEET CS1002

- ±-285 FEET TO~""""~-----" -~-­SAVANNAH WEST

---~~-~=± 440-FEETTO ~ -­

DARTMOUTH DRIVE INTERSECTION SQUARE INTERSECTION

SITE PLAN SITE DATA: SCALE: 1" = 20'

--1 _j

DASHED WHITE LINE

EXISTING 12' THROUGH LANE

DASHED WHITE LINE

EXISTING 12' THROUGH LANE

SOLID WHITE LINE '

1. PROPERTY INFORMATION: 334-6.00497.04 334-6.00497.08 334-6.00498.00 334-6.00497.01

CURRENT ZONING: PROPOSED ZONING: CURRENT USE: PROPOSED USE: GROSS ACREAGE'

C-1 (ES-1) C-1 (ES-1)

PUMP STATION PUMP STATION

0.14 AC

CR-1 I C-1 CR-1 I C-1

SHOPPING CENTER SHOPPING CENTER

6.77 AC

C-1 C-1

EMPTY LOT PAD SITE

0.62 AC

C1 C1

SHOPPING CENTER SHOPPING CENTER

2.04AC

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SEE SIGHT TRIANGLE, DETAIL 2, CS1D02

AN ADDITIONAL 10.00' OF RIGHT-OF-WAY FROM TP# 134-6.0Q-498.00 IS HEREBY DEDICATED TO THE STATE OF DELAWARE, AS PER THIS PLAT. (±1,503 S.F.)

A 15.00' WIDE PERMANENT EASEMENT CONTAINING ±2,266 SF (TP# 134-6.00-498.00) IS HEREBY ESTABLISHED FOR THE STATE OF DELAWARE AS PER THIS PLAT.

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2. PARKING INFORMATION'

-"-24.00 TRIP GENERATION - COASTAL HIGHWAY (DEL. 1) (FULL MOVEMENT FOR 3 EXISTING ENTRANCES ON DARTMOUTH DRIVE AMD PROPOSED RELEIF ENTRANCE ON ROUTE 1)

w z 0

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WAWA

: RUN~ I (1A) PROPOSE: 11 (1) EXISTING

RIGHT-IN I tL ENTRANCE RIGHT-OUT ENTRANCE ri 706 (76 AM) (76 PM)

707 77 AM 77 PM

RETAIL CENTER

DARTMOUTH DRIVE

~)EXl:TING ENTRANCE

n }) EXIS~ING LANDS NOW OR FORMER L Y OF

OCEAN HIGHWAY, L.LC.

ENTRANCE

TRAFFIC GENERATION DIAGRAM TRIPS PER DAY (VEHICLES IN A.M.) [P.M. PEAK HOUR]

ROAD TRAFFIC DATA:

'c I J "'' r

r T T y

DIRECTIONAL DISTRIBUTION:

95°/o TO AND FROM RT. 1 (1,514 TRIPS) (41 AM PK) (54 PM PK) I

{1A) PROPOSED RIGHT-IN I RIGHT-OUT ENTRANCE FROM RT. 1 SOUTH BOUND (340 TRIPS) (37 AM PK) (48 PM PK) FROM RT. 1 SOUTH BOUND (1,413 TRIPS) (153 AM PK) (153 PM PK) [ALL TRIPS FOR FUTURE PAD SITE TO USE NEW ENTRANCE]

SITE TRIPS GENERATED: ··~, -

I

(1A) NEW RIGHT--IN (ONLY ENTRANCE) PROPOSED CONCEPT FOR PAD SITE ON TAX MAP# 334-6.00-498.00 [UNKNOWN TENANT -ASSUMMING OPTIONS WITH HIGH NUMBER OF TRIPS} FAST FOOD RESTUARANT WITH DRIVE THROUGH WINDOW 3,000 S.F. (934)

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(2) EXISTING ENTRANCE

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3,000 S.F. OF FAST FOOD RESTUARANT (934) X 470.95 = 1,413 TRIPS (WEEKDAY) 3,000 S.F. OF FAST FOOD RESTUARANT (934) X 616.12 = 1,849 TRIPS (SATURDAY) (TRUCK PERCENTAGE (5°/o) = 1849 X 0.05 = 92 TRIPS) c

'

+ 1,413 {FUTURE PAO SITE) = 3,640 TRIPS (WEEKDAY) + 1,849 (FUTURE PAO SITE) =4,171 TRIPS (SATURDAY}

2.1. EXISTING PARKING SPACES= 192 2.2. REQUIRED PARKING SPACES = 191

2.2.1. EXISTING FURNITURE STORE (18,000 SF SALES DISPLAY AREA) = 45 2.2.2. EXISTING BUILDING SUPPLY COMPANY (1,472 SF OFFICE SHOWROOM) = 8 2.2.3. EXISTIG DRYWALL SUPPLY COMPANY (10-EMPLOYEES) = 5 2.2.4. EXISTING BANK = 32 2.2.5. EXISTIG RETAIL STORES (18,378 SF SALES DISPLAY AREA & 16 EMPLOYEES) = 101

3. DEVELOPER NAME/ADDRESS:

4. GOVERNING LAND USE AGENCY·

5. REQUIRED SETBACKS (8.R.L.): DEPTH OF FRONT YARD (FEET) WIDTH OF SIDE YARD (FEET}

DEPTH OF REAR YARD (FEET}

6. TOTAL# OF LOTS:

EXISTING: PROPOSED:

7. WATER SUPPLIER:

8. SANITARY SEWER PROVIDER:

9. POSTED SPEED LIMIT {OCEAN HWY):

10. STATE INVESTMENT AREA:

11. PROPOSED BUILDING HEIGHT:

BREAKWATER PARTNERS, LLC 317 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 227-4800

SUSSEX COUNTY

60' 5' (A 20' SIDE YARD SETBACK IS REQUIRED WHEN ADJACENT TO RESIDENTIAL ZONING DISTRICTS) 5' (A 30' REAR YARD SETBACK IS REQUIRED WHEN ADJACENT TO RESIDENTIAL ZONING DISTRICTS)

1 UNIT PER PROPERTY 1 UNIT PER PROPERTY

TIDEWATER UTILIT1ES, INC.

SUSSEX COUNTY

45MPH

LEVEL1

< NIA

12. LATITUDE AND LONGITUDE STATE PLAN COORDINATES: LONGITUDE: W075.155126 LATITUDE: N038.745525

13. LIMIT OF DISTURBANCE;

14. PROPOSED DISCHARGE LOCATION:

±13,629 SF (0.31 AC)

PROPOSED SUBSURFACE DETENTION FACILITY CONVEYED TO EXIST1NG DITCH [BROADKILL RIVER WATERSHED]

15. PROXIMITY TO TRANSPORTATION DISTRICTS: UNKNOWN

GENERAL CONSTRUCTION KEY NOTES: DELDOT INTEGRAL P.C.C. CURB & GUTTER TYPE 3-6 (SEE DETAIL 4, SHEET CS6001)

10-FOOT TRANSITION BETWEEN CURB TYPES

G3 DELDOT P.C.C. CURB TYPE 1-6 (SEE DETAIL 3, SHEET CS6001)

G4 MATCH EXISTING CURB

GS CONNECT TO EXISTING PAVEMENT PER PAVEMENT TIE-IN DETAIL (SEE DETAIL 1, SHEET CT0102).

G6 DEPRESS CURB AT 4:1

CATCH BASIN TO BE REMOVED

IRON PIN TO BE SET

HEAVY DUTY PAVEMENT (SEE DETAIL 6, SHEET CS6001)

DEPRESSED DELDOT INTEGRAL P.C.C. CURB & GUTTER TYPE 3-6 (SEE DETAIL 4, SHEET CS6001)

3'X5' CONCRETE BUS STOP PAD

G12 NEW CLEANOUT AND PIPE CONNECTION TO EXISTING LATERAL

SIGNAGE AND STRIPING NOTES: ffi1 STOP SIGN 36"X36" (R-1) WITH ONE WAY SIGN (R6-1)

I s2I oo NOT ENTER SIGN (RS-1 )

!s3! W HITE PAINTED ARROW

NOTE: 1. ALL SIGNING AND STRIPING SHALL BE IN ACCORDANCE WITH THE DELDOT

MUTCD, LATEST EDITION.

2. THE CONCEPTUAL LAYOUT OF TAX MAP# 334-6.00-498.00 IS SHOWN TO SATISFY

DELDOT'S REQUIREMENTS FOR FUTURE CONSTRUCTION, A SEPARATE

APPROVAL PROCESS EXCLUDING DELDOT WILL BE DONE AT A LATER DATE.

Carpenters. Co·rntt-5:

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Sandy Brae

LOCATION MAP Scale: 1" = 1000'

PROPOSED DESCRIPTION

FULL DEPTH PAVEMENT

FULL DEPTH CONCRETE

PROPOSED SIDEWALK

Mid -pa

CROSS ACCESS EASEMENT

SUBSTRUCTURE STORMWA TER FACILITY

CURB

EDGE OF PAVEMENT

EDGE OF GRAVEL

--+ ---+ - EASEMENT

FENCE

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PHONE, PEDESTAL

POWER, GUV WIRE

POWER, LIGHT

POWER, OVERHEAD

POWER, UNDERGROUND

COMMUNICATION, UNDERGROUND

POWER, UTILITY POLE

PROPERTY, LINE

LEGAL RIGHT-OF-WAY

PROPERTY, CORNER FOUND

PROPERTY, CORNER FOUND (OTHERS)

PROPERTY, CONCRETE MONUMENT

PROPERTY, ADJOINING LINED

SITE, TRAFFIC SIGN

0 SANITARY SEWER, CLEAN-OUT

--FM ---F• -- SANITARY SEWER, FORCE MAIN

SANITARY SEWER. LATERAL

SANITARY SEWER. MANHOLE

-- s ---- S -- SANITARY SEWER, UNDERGROUND

D STORM SEWER, INLET

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STORM SEWER,HEADWALL

STORM SEWER, MANHOLE

STORM SEWER, UNDERGROUND

CONTOUR

~ SPOT ELEVATION

ENG INEER CERTIFICATION' 1T IS HEREBY CERTIF1EO THAT I AM A REGISTERED ENGINEER lN THE STATE OF DELAWARE. THAT THE INFOR!v\ATION Sf-:IOVIJN HEREON HAS BEEN PREPARED UNDER t,1Y SUPERVl~tON. \AND TO My, BEST KNOWLEDGE AND BCLIEF REPRESENTS GOOD EAfG lt-tEe:R!NG PRACTIC~S AS REQUIRED BY THF APPLICABLE LAWS OF THE S.TAT~Of· OEf..AWA.RE- . '

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UL l?(~: .. ,, "'" ~J01 1 1~ SIGNATURE ...... Al.J\N OECKTOR. PE (DE PE# 17J'Jt} 1J/;J II 1, PENNONI AS SOCIATES. INC 1

18072 DAV IDSON DRIVE ~JlL TON , DE 19968

OWNER'S AND DEVELOPER"S CER TIFICA~1on

DATE

(302) 684-8030

IT IS HEREBY CERTIFIED THAT I AM Tl E OWNERtDEVELOPER OF THE PQ:OPERT Y DESCR13ED ANO SHOWN ON THIS PLAN. THC PLAN ';VAS MADI.:. AT MY DIRECTION. THAT I ACKNOWLEDGE I HE SAME TO BE MY ACT IT IS MY

o,:: s 1RE TO HAVE Tt- E PLAN RECOROl:D AS SHOWN Al~D IN ACCORDANCE V'!ITH All APFLl LE LAWS r\ND EGULATJO\JS .

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All DOCUMENTS PREPARED BY PENNONI ASSOOATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE

PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER

PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED \NILL BE AT OWNERS

SOLE RISK AND WITHOUT LIABJLITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY ANO HOLD HARMLESS PENNONI

ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM.

PROJECT OHWY1 703

DATE FEBRUARY 20, 2018

DRAWING SCALE 1"=20'

DRAWN BY JRE

APPROVED BY AMO

CS1001 SHEET# 3 OF 14

I I

THE AESTHETIC CENTER

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.l-!1}1l!E GO(JDS l<.ITCHEiV & COkJPANY

/ "' / S 50' 09'22" E 247 96' / 7 - ·,

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Tf!,J :J.'.<'4.6_(}0-49101 N/F OG'EA/V 1-llGHVi·'A V LLC

DEED .i-?£F .. 0.8. 2720. PC. 23 PLAT REF P.8 198 PG 98

ZONIJVG. C- !

A CROSS-ACCESS EASEfvtENT IN FAVOR OF­TAX PARCELS i 34 ·6.00·497.01. TAX PARCEL

134-6.00-497.04, TAX PARCEL 13'1 -6.00 -497.08. AND TAX PARCEL 134-6.00-498.00 IS HEREBY

ESTABLISHED AS PER THIS PLl,T. AREA: 16.702.47 SF± (0.38 AC.±)

TJ,f 334-6 00- .J97 08 NF OCEAA' H!(;H{!1/AV I IC

DEED REF D 8 2120_ PG_ 23 PLATREF __ P_B_ f98- ,oG 98

ZOl\'!1VG · C- 1

' -- - -~ -"-'"'-(("''[ S 50' 29'38" E

·, L=6 27', R=S.68' I: CB=N79' 23' 35"W

CL=6 14' Ci i',=041 ' 23'56"

PROJECT BE/V, CONCRETE MONUMEN T

ELEV : 16.89 (. NORTHING: 211

EASTING: 730

EOCt;;, O F PA VEA1E;VT

DETAIL- BLOW UP DETAIL: CROSS ACCESS EASEMENT SCALE: 1" = 20'

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(;(),4.5'7",4L /-{/(J/-{'Pihi11~'.:A~r:::/.=='7f::.=;t~~ct'Pf.;?::)C::::~==~l'.:i:t;:;:z~,3AN~c~~~==~4~7;8.:ME~A;S~UR~EDD~AL~O~NiG~CE~N~TE~R~O~F~N8EA~R~TRRA2V~ELULA~Ne

PR/NC/FA[ ,4Rl"ER/,4[ (A. 0 W II ,4R/E.5') ·-~J-E~~~~~,~~~1::~,;-~'.1;:;::H ~---~-~- + 440 FEET TO

DARTMOL TH DRIVE INTERSECTION

± 285 FEET ro - - ----­SAVANNAH 'NEST

SQUARE INTERSECTION

f LA!VE --·-

l DASHED ;VH!TE LINE

~I E>(!STl/VC 12 Tllf?OUGllLAIVE

__ I SOliO WH/7£ LlNE

DETAIL- BLOW UP DETAIL: SIGHT TRIANGLE SCALE: 1" = 20'

1

CS1002

2

CS1002

'J\1ARK OUND VD88j

51699 75391

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L=B.34', R=5.11' CB=S79' 42' 21 "W

CL=7.44' t.=093'33'37''

CAFE !·VINE ,f SPl!?ITS

S 49' 32'43" E 74.71 '

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EX/ST1NG PARKl•VG

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Del DOT NO OBJECTION TO

RECORDATION August 14, 2018

DATE

DELDOT RECORD/SITE PLAN NOTES: 1. NO LANDSCAPING SHALL BE ALLOVVED \·V!THlN R!W UNLESS THE PLANS ARE COMPLIANT WITH SECTION 3.7 OF THE

DEVEL':>PMENT COORD!NAT ION fvlANUAL (DCM)_

2. ALL ENTRANCES SHALL CONFORM TO THE DELAWARE OEPARTl\~ENT OF TRANSPORTATION'S (DELDOT'S) CURRENT DEVELOP~.l\ENT COORDINATION ~1ANUAL {DCM) AND SHALL BE SUBJECT TO ITS APPROVAL.

3. SHRUBBERY, PLANTINGS, SIGNS AND/OR OTHER VISUAL BARRIERS THAT COULD OBSTRUCT THE SIGHT DISTANCE OF A DRIVER PREPARING TO ENTER THE RO/"OVVAY ARE PROHIBITED WITHIN THE DEFINED DEPARTURE SIGHT TRIANGLE AREA ESTABLISHED ON THIS PLAN. IF THE ESTABLISHED ·DEPARTURE SIGHT TRIANGLE AREA IS OUTSIDE THE RIGHT-OF-VVAY OR PROJECTS ONTO AN ADJACENT PROPERTY OVVNER'S LANO, A SIGHT EASEfv1ENT SHOULD BE ESTABLISHED ANO RECORDED i'\JITH ALL AFFECTED PROPERTY OVVNERS TO MAINTAIN THE REQUIRED SIGHT DISTANCE

4. UPON COMPLETION OF THE CONSTRUCTION OF THE SIDEWALK OR SHARED-USE PATH ACROSS THIS PROJECT'S FRONTAGE AND PHYSICAL CONNECTION TO ADJACENT EXISTING FACILITIES, THE DEVELOPER. THE PROPERTY OWNERS OR BOTH ASSOCIATED \;\llTH THIS PROJECT. SHALL BE RESPONSIBLE TO REfl,~OVE ANY EXISTING ROAD TIE-IN CONNECTIONS LOCATED ALONG ADJACENT PROPERTIES. AND RESTORE THE AREA TO GRASS. SUCH ACTIONS SHALL BE COMPLETED AT DELDOT'S DISCRETION, AND !N CON FORMANCE WITH DELDCT'S "SHAREDMUSE PATH AND/OR SIDEWALK TERMINATION POucy··.

5. DRIVE\VAYS \'VILL NOT BE PE=(.f>.~ITTED TO BE PLACED AT CATCH BASIN LOCATIONS.

6 THE DEVELOPER SHALL BE REQUIRED TO FURNISH AND PLACE RIGHT-OF-\'VAY N'10NUlv1ENTS lf\I ACCORDANCE WITH DELDOT'S DEVELOPMEN T COORDINA TION fAANUAL

7 THE DEVELOPER SHALL BE REQUIRED TO FURNISH AND PLACE RIGHT-OF-\l'JAY MARKERS TO PROVIDE A PERMA\JENT REFERENCE FOR RE-ESTABLISHING THE RIGHT-OF-WAY AND PROPERTY CORNERS ON LOCAL AND HIGHER ORDER FRONTAGE ROADS. RIGHT-OF-\'\'AY ~JlARKERS SHALL BE SET AND/OR PLACED ALONG THE FRONTAGE ROAD RIGHT·OF-\•VAY AT PROPERTY CORNERS AND AT EACH CHANGE IN RIGHT-OF-\'VAY ALIGNMENT IN ACCORDANCE VVITH SECTION 3.2.4.2 OF THE D EVELOPIAENT COORDINATION !v!ANUAL.

8. THIS COMMERCIAL PARCEL HAS DIRECT FRONTAGE ALONG COASTAL HIGH\'VAY, ROUTE 1. \'\IHICH HAS A FUNCTIONAL CLASSIFICATION OF PRINCIPLE ARTERIAL AS DEFINED BY THE STATE OF OELAVVARE'S OEPARTh.1ENT OF TRANSPORTATION. PER SECTION 3.6.1 OF THE DELDOT DEVELOPt<.1ENT COORDINATION l\,1ANUAL (DCM): IT IS THE DEVELOPER'S RESPONSIBILITY TO EVALUATE NOISE LEVELS AND THEIR !fl.:1PACTS ON PROPOSED OEVELOP~AENT, FOR PROJECTS ADJACENT TO EXISTING TRANSPORTATION FACILITIES WITH THIS FUNCTIONAL CLASSIFICATION. ROAD\'l/AYS \'VITH THIS CLASSIFICATION CAN BE EXPECTED TO GEN ERATE ELEVATED LEVELS OF ROfo.D AND TRAFFIC RELA-ED NOISE. SIMILAR TO \1\IHAT CAN BE EXPECTED IN URBAN AREAS. A DETAILED NOISE ANALYSIS PER DCM 3.6 IS TYPICALLY RECOM•ilENDED TO HELP GAUGE THE ACTUAL IMPACTS THAT ROAOVVAY RELATED NOISE MAY HAVE ON VARIOUS POTENTIAL LAND-USES (SUCH AS THOSE DESCRIBED IN DCM FIGURE 3.6.3-11: NOISE ABATEMENT CRITERIA). Vl.'ITH THE INCLUSION OF TH\S NOTE. THE DEVELOPER JS ACKNOW LEDGING THAT THE PROPOSED SITE AND/OR BUILDING LOCATION CAN BE EXPECTED TO EXCEED THE SPECIFIC MAX l!>.1UM NOISE LEVELS FOR CERTAIN C0Mfli1ERCIAL AND NON-R;::S IDENTIAL USES AS SHO\'VN JN DCM FIGURE 3.6.3-A. THE DEVELOPER'S 'v\IA!VER OF THE NOISE ANALYSIS AND REV!E\'V OF POTENTIAL NOISE l\41TlGATION !\t1EASVRES ARE SUPPORTED BY THE INFEASIBIUTY O F APPLYING NOISE MITIGATION ~iEASURES , BASED ON ENGINEERING CONSIDERATIONS AND FACTORS THAT ltVOULD LIMIT THE ABILITY TO ACHIEVE SUBSTANTIAL NOISE REDUCTION, RELATED TO THE COMMERCIAL USE OF THE SITE AND!OR BUILDINGS. THIS VVAIVER ACKNO'•/VLEDGES THAT THE DECIBEL LEVEL FOR THIS PARCEL MAY EXCEED THE APPLICABLE LU\11TS FOR SOME CURRENT OR FUTURE PROPOSED USES. THE USE OF THIS NOTE SIGNIFIES THE SUBDIVISION ENGINEER'S CONCURRENCE WITH VIAIVING THE DEVELOPER'S cor.11PLETION OF A DETAILED NOISE STUDY AND SUBSEQUENT REVIEW OF RESULTING NOISE ABATEMENT FINDINGS OR MITIGATION MEASURES. ANY FUTURE COMPLAINTS RELATING TO EXISTING OR FUTURE NOISE LEVELS lt>.1PACTING PROPOSED USES ON THIS SITE AND ALONG THIS EXISTING TRANSPORTATION FACILITY SHALL BE THE RESPOt.JSlB!LITY OF THE DEVELOPER OR LAND 0 \1\! NER OR BOTH

9 A PERPETUAL CROSS /l.CCESS lNGRES2! EGRESS EASEMENT JS HEREBY ESTABLISHED AS SHOWN ON THIS PLAT.

GENERAL NOTES: 1. THIS SITE 'A11LL BE CONSTqUCTED AS A SINGLE PHASE. 2. THIS PLAN DOES NOT VERIFY THE EXISTENCE. OR NONEXISTENCE OF EASE~~ENT OR RIGHT OF \IVA YS CROSSING

THE SUB~ECT PROPERTY. 3 BASED UPON FLOOD INSURANCE RATE MAP (FIRM) NUf111BERS 10005C0331K ANO 10005C0332K, ~J!AP REVISED

~AARCH 16, 201 5; THE ENTIRE PROPERTY IS LOCATED IN AN AREA DESIGNATED AS ZONE "X". (UNSHADED) \.VHICH IS AN AREA TO BE DETERMINED OUTSJDE THE 500 - YEAR FLOODPLAIN

4. TOPOGRAPHICAL SLRVEY PERFORMED BY PENNON I ASSOCIATES, !NC. MILTON, DE 5. \-VETL.ANDS EXIST ON THE SITE AND ARE DEPICTED GRAPH fCALL Y PER \i\IETLANDS SURVEY PLAN BY COASTAL

PONT ASSOCIATES i8-16-16). NO \VETLANDS IMPACTS ARE PROPOSED BY THIS PROJECT. STORrv1V'1'ATER IS HANDLED BY OVERLAND FLOW INTO THE EXISTING DITCH.

6. DRAV\/INGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. ALL WORK f\/1UST BE PERFORMED JN COMPLIANCE \NITH THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS Ali.·'iENC-ED AND ALL RULES AND REGULAf lONS THERETO APPURTENANT.

7. THE CONTRACTOR SHALL TAKE PRECAUTIONS TO LOCATE PROPERTY L INES AND RIGH T OF V\IAY LINES PRIOR TO CONSTRUCTION AND AVOID CONSTRUCTION ACTIVITIES ON PRIVATE PROPERTY AND/OR RIGHTS OF WAYS WHERE SAID CONSTRUCTION IS PROHIBITED. THE CONTRACTOR MAY CONDUCT CONSTRUCTION ACTIVITIES ON PRIVATE PROPERTY PROVIDED IF HE HAS OBTAINED PRIOR WRITTEN PERl\~lSS ION FROM THE PROPERTY OV\INER AND HAS SUBtl/l lTTED A COPY :)F SAID WRITTEN PERMISSION TO THE OWNER

8. FINAL SET OF APPROVED CONSTRUCTION PLANS A ND SPECIFICATIONS SHALL BE ~J!AINTAINED ON THE JOB SITE AT ALL T!MES. FAILURE TO COMPLY WITH THIS PROVISION SHALL BE CONSIDERED CAUSE TO STOP THE VVORK

9 . THE CONTRACTOR SHALL MAINTAIN ONE COMPLETE SET OF CONTRACT DRAWINGS ON WHICH HE SHALL NOTE IN RED, THE ALIC:.Nf..1ENTS AND INVERTS OF All UNDERGROUND UTILITIES lNSTAf..LEO OR ENCOUNTERED DURING THE PROSECUTION OF THE W:)RK. ALL DISCREPANCIES BETVVEEN THE PLAN LOCATIONS AND ELEVATIONS OF BOTH THE EXISTING AND PROPOSED UTILlflES SHALL BE SHOWN ON THE AS-BUil T DRA\VINGS TO BE MAINTAINED BY THE C:)NTRACTOR IN THE FIELD.

10, THE CONTRACTOR SHALL OPEN ONLY THAT SECTION OF TRENCH OR ACCESS PITS W HICH CAN BE BACKFILLED AND STABIL IZED AT THE END OF EACH VVORKING DAY. STEEL PLATES SHALL BE USED ON ANY TRENCH OR ACCESS PITS VVHICH MUST REMAIN OPEN OVERNIGHT. THIS REQUIREMENT DOES NOT APPLY TO AREAS COMPLETELY CLOSED AND SECURE FR0fv1 VEHICULAR OR PEDESTRIAN TRAFFIC.

11 THE CONTRACTOR SHALL USE ONLY NE\'\/ MATERIALS. PARTS. AND PRODUCTS. ALL MATERIALS SHALL BE STORED SO AS TO ASSURE THE PRESERVATION OF THEIR O.U/,LITY AND FITNESS FOR THE INTENDED \YORK.

12 ROUTINE PERIODIC INSPECTIONS DURING CONSTRUCTION WILL BE PROVIDED BY THE 0\VNER. THESE INSPECTIONS DO NOT RELIEVE THE CON - RACTOR FROM HIS OBLIGATION AND RESPONS131LITY FOR CONSTRUCTING ALL VVORK IN STRICT ACCORDANCE VVITH ALL STANDARDS AND SPECIFICATIONS AND CONSTRUCT!O\l DOCUMENTS.

13. THE CONTRACTOR SHALL COMPLY WITH ALL A PPLICABLE LAWS, ORDINANCES. RULES. REGULATIONS AND ORDERS OF ANY PUBLIC BODY HAVlNG JURISDICTION. THE CONTRACTOR SHALL ERECT ANO fl:1AINTAIN , AS REQUIRED BY THE CONDITIONS ANO PROGRESS OF THE VI/ORK. ALL NECESSARY SAFEGUARDS FOR SAFETY AND PROTECTION.

14. THE CONTRACTOR .SHALL NOTIFY THE FOLLO\N ING, T'l\10 (2} WEEKS PRIOR TO THE START OF CONSTRUCTION­- THE O\'VNER - SUSSEX CONSER'/ATION DISTRICT - SUSSEX COUNTY ENGlt.JEERING DEPARTMENT - DELOOT

15. THE CONTRACTOR SHALL PROVIDE SEDIMENT CONTROL MEASURES TO PROTECT STOCKPILE AREAS AND STORAGE AREAS . ALL AREAS USED BY THE CONTRACTOR FOR STAGING OPERATIONS SHALL BE FULLY RESTORED BY THE CONTRACTOR UPON cor\1FLETrON OF THE PROJECT. IF THE STAGING AREA IS PAVED . !T SHALL BE RESTORED TO 1TS ORIGINAL CONDITION. IF THE STA.GING AREA IS UNPAVED. IT SHALL BE RE-GR/I.OED, TOPSOILED. SEEDED AND MULCHED TO THE SATISFACTION OF THE ENGINEER. ALL COSTS ASSOCIATED VVITH RESTORATION OF THE STAGING AREA SHALL BE AT THE CONTRACTOR'S EXPENSE. IF THE ENGINEER DETER!v11NES THAT A SATISFACTORY STAND OF GRASS DOES NOT EXIST AT THE T!h1E OF FINAL INSPECTION, ALL COSTS ASSOCIATED WITH RE-=STABLISHING A SATISFACTORY STAND OF GRASS SHALL BE ATTHE CONTRACTOR'S EXPENSE.

16. EQUIPMENT Ar-.'D/OR STOCKPILE J\.1ATERIAL SHALL NOT BE STORED !N THE DRIPLINE AREA OF ANY TREE. 17. THE CONTRACTOR SHALL PROVIDE TE~JIPORARY SEED AND r...1ULCH FOR ALL AREAS VVHERE SOIL JS EXPOSED ANO

SILT FENCE IS NOT SPECIFIED, BY THE CLOSE OF EACH BUSINESS DAY. 18. THE CONl"RACTOR SHALL t\1AINTAIN PUBLIC ROADS A\10 STREETS IN A BROOM SWEPT CONDITION AT A LL TIMES. 19. DELAV\IARE REGULATIONS PROHIBIT THE BURIAL OF CONSTRUCTION DE~AOLITION DEBRIS, INCLUDING TREES AND

STUl'v1PS ON CONSTRUCTION SITES. ANY SOLID WASTE FOUND DURING THE EXCAVA-ION FOR STRUCTURES AND UTILITY LINES ON AND OFF SITE MUST BE RE~/\OVEO AND PROPERLY DISCARDED. ANY REMEDIAL ACTION REQUIRED IS THE RESPONSIBILITY OF THE CONTRACTOR_

20 THE CONTRACTOR SHALL REMOVE AND l~AMED IATEL Y REPLACE, RELOCATE. RESET OR RECONSTRUCT All OBSTRUCTIONS IN THE WORK AREA, INCLUDING. BUT NOT LIM ITED TO. MAJLBO.XES. SIGNS. LANDSCAPING, ltGHTING, PLANTERS, CULVERTS, DRIVE'..YAYS, PARKING AREAS, CURBS, GUTTERS. FENCES, OR OTHER NATURAL OR MAN-MADE OBSTRUCTIONS. TRAFFIC CONTROL REGULATORY, WARNlNG 1\NO INFORMATION SIGNS SHALL REMAIN FUNCTIONAL AND VISIBLE TO THE APPROPRIATE LANES Of TRAFFIC AT ALL TIMES, V\l lTH THEIR RELOCATION KEPT TO A MINlfv1Ufv1 DISTANCE.

21 . ALL MATERIALS ANO WORKMANSHIP \oVlTHIN THE STATE OF DELAVVARE RIGHT-O'F-WAY SHALL BE IN ACCORDANCE V\llTH CURRENT STATE OF DELAVVARE DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICJl.TIONS FOR ROAD ANO BRIDGE CONSTRUCTION. SUPPLE~AENTAL SPECIFICATIONS, STANDARD CONSTRUCTION DETAILS. SPECIAL PROVISICNS ANO DESIGN GUIDANCE ~AEMORANDUMS.

22. ALL DISTURBED AREAS SHJ\LL BE TOP-SOILED (6 .. MINIMUM). FERTILIZED. SEEDED AND MULCHED. IF SOD IS USED NEXT TO S I DE\~ALK OR SHARED-USE PATH, CONTRACTOR SHALL GRADE TOPSOIL ADJACENT TO THE SlDE\l'VALK OR SHARED-USE PATH PR\OR TO Pl.J\CEMENT OF SOD TO ENSURE THAT SOD IS PLACED FLUSH OR JUST BELOV\1

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ALL OOCUiAi:NTS PREPARED BY PEN NONI ASSOCIAi'F'OS ARE INSffiUM Ef\TS OF ~ERV ICE IN RESPECT OF THE

PROJECT . THEY ARE NO- lNTEf\DED OR Ri':PR t;.S;::NTED TO BE SUIT!:\BLE F'.)R REUSE BY OWNER OR OTHERS ON THE O::XTENS!ONS OF THE PROJECT OR ON A'NY OTHER

PROJECT "-NY REJSE ','; ITHOUT 1N RITTEN VERIF ICATION OR AD APTATION IJY PENNO!\'I /1SSOCIATES FOR THE SPECIFIC PURPOSE !NTENDEC 'N ILL 6E AT C '.·'.'NE,;:S

SOLE RISK A IJD V-.' ITHOUT LIABILITY OR L::GAL EXPOSURE TC PENNO~JI ASSOSIA TEoS: AND 0 1/JNf:'R SHALL ltiCE t.1NlFY ANV HOLD HARMLESS PENNON!

ASSCCIAi ES FROh1 ALL CLAIMS . DAMAGES. LOS.'>ES ANO EXPENSES ARISING OUT OF DR RESIJl T NG THERE,'=ROM ,

PROJECT OHWY1703

DATE FEBRUARY 20, 2018

ORAVJING $;-;ALE 1" = 20'

DRA"/VN BY JRE

APPROVED BY AMO

CS1002 SHEET# 4 OF 14

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 13, 2019 RE: County Council Old Business Report II CU 2162 Yellow Metal, LLC The County Council held a public hearing on February 5, 2019. County Council deferred action for the Planning Commission recommendation and left the record open for 5 days for written comments regarding the Planning Commission recommendation. The Planning Commission made a recommendation at their meeting of February 14, 2019. A letter from the application regarding certain conditions was submitted to the Planning Office. County Council closed the record on March 12, 2019. The Planning and Zoning Department received an application (CU 2162 Yellow Metal, LLC) to allow for a Conditional Use to allow for a paving construction business with an office and equipment storage for parcel 135-11.00-31.00 to be located on Broadogs Pl. off of Lewes-Georgetown Hwy. (Rt. 9). The Planning and Zoning Commission held a public hearing on January 10, 2019. The following are the minutes for the Conditional Use from the Planning and Zoning Commission meeting. Ms. Cornwell advised the Commission that submitted into the record is a staff analysis, Applicant’s exhibit booklet, comments from the Sussex County Engineering Department of Utility Planning Division, Sussex Conservation District, results of the Preliminary Land Use Service (“PLUS”) response, and results from the DelDOT TIS. The Commission found that Mr. Blake Carey, Attorney with The Smith Firm, LLC and Mr. Fletcher Kenton, Principal of Yellow Metal, LLC were present on behalf the application; that Mr. Carey stated a portion of the property is zoned C-1 (General Commercial Zoning District) and that is narrow in shape; that the Applicant would like to extend his business back to the AR-1 area; that the Applicant has outgrown the existing site; that there is an existing office building in the C-1 portion of the property that would be used for two to four employees with no retail sales; that the storage of the equipment would be undertaken in the AR-1 portion of the site; that there are 25 to 30 pieces of equipment for the paving business as well as 15 trucks and he has 15 to 20 employees depending on the time of year; that the employees typically arrive at 5:45 am; that there is no work physically undertaken at the site; that there would be two to four employees in the office; that there would not be any manufacturing or retail sales to the public on the site; that there are a lot of trees out front shielding the equipment that is stored in the rear of the property; that the property would be served by an on-site well and on-site septic system; that there are several construction and industrial sites in

County Council Old Business Report II CU 2162 Yellow Metal, LLC P a g e | 2

the area; that there are thick, dense trees on-site; that the first few feet of the property is zoned C-1 and it is very narrow; that the AR-1 portion of the property is low density; that this is not an intense commercial use; that the Applicant does provide convenient service to the area; that the Applicant would like to have a 32 square foot sign; that any exterior lighting on the property would be downward screened; that the dumpsters would be screened from any neighboring properties; that the hours of operation would be 5:30 am to 6:30 pm; that Mr. Kenton stated that all maintenance of trucks would take place inside the building wherever possible; that there would not be any sales on the site and with very few clients visiting the site; that they would transport unused asphalt back to the site and would recycle it into stone with small milling machines each day; that they would typically recycle one or two tons of ‘black-top’ material into stone each day; that they would typically be undertaking 20 to 30 minutes (max) of milling each day; that the milled items are moved on the front of the skid steer; that they would keep stone on-site; that he is okay with any conditions on the hours restricting the milling the asphalt and possible restriction of the amount of crushed piles of material to be stored on-site; that it would just be asphalt and no other waste materials from other third parties; that he is okay to limit the time to crush and/or mill waste to between 3:00 pm to 6:00 pm; that he would limit the amount of cubic yards of materials to five to six tons for a maximum amount of material on site at any given time of 50 tons; that there was a discussion on whether the whole 39 acres would be needed for the Conditional Use for the business; that Mr. Carey stated the Applicant would like to grow his business in the future; and that the Applicant is operating his business on six acres and it would be preferable to have space to be able to grow his business in future. The Commission found that no one spoke in favor of or in opposition to the application. At the conclusion of the public hearing, the Commission discussed this application. The Commission held a discussion on the proposed use, and the maximum amount of storage on-site; that the business would need to comply with all requirements of the Zoning Code; that the Commission would prefer to ensure that there are no additional waste materials coming to the site from elsewhere; that there is a limit on any hours of grinding/milling and the overall amount of materials capable of being stored on-site; that the Applicant should be allowed to grind for one hour per day between the window of 3:00 pm to 6:00 pm, to allow for flexibility in the return time of employees; that the stored materials should be stored in a specific location on the site; and that any conditions of approval should reference a list of ancillary activities permitted. Motion by Ms. Stevenson, seconded by Ms. Wingate and carried unanimously to defer action for further consideration. Motion carried 4-0. At their meeting of January 24, 2019, the Planning Commission discussed the application which has been deferred since January 10, 2019. Motion by Mr. Hopkins, seconded by Ms. Wingate and carried unanimously to defer action for further consideration. Motion carried 3-0. Ms. Stevenson was absent. At their meeting of February 14, 2019, the Planning Commission discussed the application which has been deferred since January 10, 2019.

County Council Old Business Report II CU 2162 Yellow Metal, LLC P a g e | 3

Ms. Stevenson moved that the Commission recommend approval of C/U 2162 for Yellow Metal, LLC in an AR-1 and C-1 District for a paving construction business with an office and equipment storage based upon the record made during the public hearing and for the following reasons:

1. The use is situated on a 39.63-acre parcel of land. It has C-1 frontage on Route 9, but the bulk of the site is to the rear situated among other larger parcels of land. With the conditions and stipulations of approval, the use will not have a negative impact on the neighboring properties.

2. There are other commercial and contracting uses in this area of Route 9. This conditional use is appropriate for this location along Route 9.

3. No retail sales will occur from the property. 4. The Applicant provides construction services throughout the Delmarva Peninsula, with a

focus on site preparation, paving, seal coating, line striping and roadway work for residential, agricultural and commercial uses.

5. The applicant has stated that most of the work is offsite, so there is not a lot of activity that occurs on this site during the day.

6. The site is large enough that with the buffering required by this approval it will not be visible from surrounding properties and will not adversely affect nearby properties or uses.

7. The use will not have an adverse impact on the traffic or area roadways. 8. No parties appeared in opposition to this application. 9. This recommendation is subject to the following conditions:

A. The use shall be limited to a paving construction business with an office and the storage of equipment associated with that use.

B. There shall be a 50-foot buffer around the site. The existing woodlands and vegetation shall not be disturbed in these buffer areas.

C. According to information presented during the hearing, there are wetlands on this site. The Final Site Plan shall contain a wetlands delineation, and there shall be a 50-foot vegetated buffer from all wetland areas. The existing trees and vegetation shall not be disturbed in these buffer areas.

D. There shall not be any outside storage of paint, seal coating or other liquid materials associated with the use.

E. No retail sales shall occur from the site. F. No vehicle or equipment repairs shall occur outside. G. All lighting on the site shall be downward screened so that it does not shine on neighboring

properties or roadways. H. All dumpsters on the site are to be located near the interior of the property and they must

be screened from the view of neighboring properties and roadways. I. The applicant shall comply with all DelDOT requirements for entrance and roadway

improvements. J. The hours of operation shall be Monday through Saturday from 5:30 a.m. until 6:30 p.m.

No deliveries to or from the site shall occur before 7:00 a.m. K. One lighted sign shall be permitted on the site. It shall be no larger than 32 square feet per

side. L. All vehicle parking and large equipment storage areas shall be clearly shown on the Final

Site Plan and clearly marked on the site itself. All vehicles, including the applicant’s vehicle and employees’ vehicles, must only be parked within the designated areas.

M. No outside burning of any materials shall occur on the site. N. No materials such as asphalt, stone, or millings shall be permanently stored on the site. O. No junked, in-operable or untitled vehicles shall be located on the site.

County Council Old Business Report II CU 2162 Yellow Metal, LLC P a g e | 4

P. The applicant has stated that there will be milling operation proposed for the site. Any milling operations that occur shall be subject to the following additional conditions: 1. The Applicant shall only mill asphalt materials that are the result of its own roadwork

and paving operations. No materials shall be accepted for milling from any third parties.

2. No milling of trees, stumps, mulch or materials other than the Applicant’s own asphalt materials shall occur on the site.

3. Milling shall only occur between 3:00 p.m. and 6:00 p.m., Monday through Friday. No milling operations shall occur on Saturday or Sunday.

4. Milling operations shall only occur in the central area of the site, as far away from the property boundaries as possible.

5. No more than 50 tons (approximately 2 dump truck loads) shall be milled and stored on the site at any one time. These materials shall be located on a concrete pad which is no longer than 50 by 100-feet in size. The concrete pad shall be clearly shown on the Final Site Plan.

6. The pile of millings shall not be higher than 10-feet. Q. Failure to comply with any of these conditions shall be grounds for the termination of the

Conditional Use approval. R. The Final Site Plan shall be subject to the review and approval of the Sussex County

Planning and Zoning Commission. Motion by Ms. Stevenson, seconded by Mr. Hopkins and carried unanimously to forward this application to the Sussex County Council with a recommendation that the application be approved for the reasons and stipulations stated in the motion. Motion carried 4-0.

Introduced 11/27/18 Council District No. 3 – Burton Tax I.D. No. 135-11.00-31.00 911 Address: 20288 Broadogs Place, Georgetown

ORDINANCE NO. ___

AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT AND C-1 GENERAL COMMERCIAL DISTRICT FOR A PAVING CONSTRUCTION BUSINESS WITH AN OFFICE AND EQUIPMENT STORAGE TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN GEORGETOWN HUNDRED, SUSSEX COUNTY, CONTAINING 39.630 ACRES, MORE OR LESS

WHEREAS, on the 14th day of November 2018, a conditional use application,

denominated Conditional Use No. 2162, was filed on behalf of Yellow Metal, LLC; and

WHEREAS, on the ____ day of _____________ 2019, a public hearing was held, after

notice, before the Planning and Zoning Commission of Sussex County and said Planning and

Zoning Commission recommended that Conditional Use No. 2162 be ____________; and

WHEREAS, on the ____ day of ______________ 2019, a public hearing was held, after

notice, before the County Council of Sussex County and the County Council of Sussex County

determined, based on the findings of facts, that said conditional use is in accordance with the

Comprehensive Development Plan and promotes the health, safety, morals, convenience, order,

prosperity and welfare of the present and future inhabitants of Sussex County, and that the

conditional use is for the general convenience and welfare of the inhabitants of Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Articles IV and XI, Subsections 115-22 and 115-79, Code

of Sussex County, be amended by adding the designation of Conditional Use No. 2162 as it

applies to the property hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in

Georgetown Hundred, Sussex County, Delaware, and lying on the north side of Lewes-

Georgetown Highway (Route 9), approximately 0.64 mile west of Gravel Hill Road, and being

more particularly described in the attached legal description, said parcel containing 39.630

acres, more or less.

This Ordinance shall take effect immediately upon its adoption by majority vote of all

members of the County Council of Sussex County, Delaware.

PROPOSED

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 13, 2019 RE: County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC The County Council held a public hearing on February 19, 2019. County Council deferred action for the Planning Commission recommendation and left the record open for 5 days for written comments regarding the Planning Commission recommendation. The Planning Commission made a recommendation at their meeting of February 28, 2019. A letter regarding the recommendation was submitted to the Planning Office. Council officially closed the record on March 12, 2019. The Planning and Zoning Department received an application (CU 2157 Country Lawn Care & Maintenance, LLC) to allow for a Conditional Use to allow for a Landscaping Business for parcel 234-11.00-78.07 to be located on Hollymount Rd. The Planning and Zoning Commission held a public hearing on January 24, 2019. The following are the draft minutes for the Conditional Use from the Planning and Zoning Commission meetings. Ms. Cornwell advised the Commission that submitted into the record is a staff analysis, exhibit booklet, Site Plan, comments from the DelDOT Service Level Evaluation request confirming that a Traffic Impact Study (“TIS”) was not required, comments from the Sussex Conservation District and comments from the Sussex County Engineering Department of Utility Planning Division. The Commission found that Ms. Shannon Carmean Burton, Attorney with Sergovic, Carmean, Weidman, McCartney and Owens, Gerald Dougherty and Stephania Dougherty, owners of Country Lawn Care & Maintenance, LLC and Alan Decktor, Pennoni Associates were present on behalf the application; Ms. Burton stated the exhibit booklet includes a copy of the application, Conditional Use Site Plan, DelDOT response letter, letters in support of the application, and photos of the site; that the application is in compliance with the Zoning Code and the Comprehensive Plan; that the Applicants have owned their lawn and landscape business for nine years and had purchased the property with the intent to reside at the property but also to operate their landscaping business from the property which they have done for the past 2 ½ years; that the previous owners of the property had operated a landscaping business from the property during their ownership; that the applicants were unaware that the activities required a Conditional Use permit until a violation notice was received from Sussex County, that the proposed use of the property is consistent with the purposes and goals of the Sussex County Comprehensive Plan; that the property contains approximately 4.26 acres of land; that the property is zoned AR-1; that this proposed use is similar to other Conditional Uses

County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC P a g e | 2

within the AR-1 Zoning District; that the property is located in the low-density area; that the property is located in an area of agricultural uses and single-family residents which would allow the applicants to provide their services to nearby residents; that the applicants currently have 10 employees; that hours of operation occur from 7:00 am to 7:00 pm, Monday through Friday and that these hours may be extended for snow removal or responding to other emergency purposes; that there would only be one person on the site all day during business hours; that the office is not open to the public; that all the equipment repairs would be undertaken off-site; that there are no mechanics based on the site; that the only routine maintenance would be undertaken on-site such as the changing of the blades; that the applicant does not stock bulk materials and they use bag materials only and any waste is disposed of in a dumpster located behind the dwelling; that there is a natural forested buffer that surrounds the property and also a privacy fence around the side and rear of the property; that Mr. Dougherty stated that the job is important for his family; that the Applicant’s future plan is to buy commercial parcel; that Mr. Decktor stated the site is adjacent to residential properties that are zoned AR-1; that the lot to the west of this site is a vacant wooded lot and to the east is a single-family dwelling; that to the east of that property is the new entrance to Spring Breeze Subdivision and it extends behind this site; that the property is served by existing well and septic; that the employees would be able to use a porta-potty; that the property does drop down in the rear where the woods are located; that the house is located 260-feet from the road; that there is a detached garage on the site; that the trucks and trailers are stored in the rear of the property with a lot of smaller sheds; that the sheds would eventually be removed and the applicants would like to expand the detached garage for storage; that the property is outside of the floodplain; that Ms. Burton stated that the Applicant has received letters in support of the application; that the proposed Conditional Use would not have any adverse impact on traffic; that DelDOT did not recommend that a TIS be performed; that proposed use would meet the landscaping needs of Sussex County. Mr. Hopkins asked about the type of landscaping activities undertaken, and the history of the site. Mr. Dougherty stated he does not undertake any tree services for trees over 6-feet in height; that there would not be a need to bring any stumps back to the site and that he would not be grinding any stumps at all; that the previous owner of the property had a lawn mowing business; that the Applicant has been in business for seven years and his number of employees/contractors has reduced from 21 to 10 people; that the Applicant is okay with the number of employees that he currently has now; that the Applicant is not looking to increase the size of the site he currently has now; that the neighbor to the right of the site is okay with the Conditional Use; that they have 13 construction vehicles; that Mr. Decktor stated the construction vehicles are standard pick-up trucks with trailers; that Mr. Dougherty stated a few of the employees do take the pick-up trucks home; that the Applicant stated you cannot see the site from the road; that when there buffer grows, it would provide a buffer between his own home and the business; that the hours of operation are 7:00 am to 7:00 pm; that there would be no weekend hours; that the Applicant would be careful about the back-up alarms used in the construction equipment; that the Applicant does not want a sign; that they do provide hardscape services; that there would be no materials stored on the site; that the employees arrive in the morning to pick up the trucks and return in the afternoon; and that the previous owner owned the house for 10 years and the applicant was not sure how long the previous business was there. The Commission found that Mr. Steve Castiglione, Mr. Christopher Warren, and Mr. Corey Henry spoke in favor of the application; that Mr. Castiglione stated he works for Country Lawn Care and his job depends on the Conditional Use approval; that they provide high-end landscaping and hardscaping services; that Mr. Warren stated he is an employee with Country Lawn Care; that there is a set of core

County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC P a g e | 3

values at the business; that he enjoys his job; Mr. Henry stated he is an employee for Country Lawn Care; and that it is nice that the house is right there where the business located if help is needed loading equipment. The Commission found that Mr. James Spellman, Mr. Albert Stanley and Mr. John Furbush spoke in opposition of the application; that Mr. Spellman owns the vacant lot that is adjacent to the site; that the business has been operating for three years; that the Conditional Use application has been submitted due to the Applicant having been in violation of the restrictions of AR-1 Zoning Code; that the Conditional Use request was submitted after his complaint; that the owner of Country Lawn Care should not be granted the Conditional Use sought; that the owners should have known that they needed a Conditional Use Permit beforehand; that the applicant is now seeking to obtain a Conditional Use for the site after the commencement of the use; that this is not consistent with the purpose of the AR-1 zoning; that the AR-1 zoning is to provide for a full range of agricultural activities, protect agricultural lands and that, in Mr. Spellman’s view, the proposed use is not consistent with the definition of agriculture as per Delaware State law, as the use does not involve activities relating to the production or sale of food useful to humans; that the proposed Conditional Use would have a depreciating value of his land; that this use is not safe for the environment, health impact of people and for the land; that the applicant should find a commercial zoned tract of land for his business; that there are private covenants on the lot relating to commercial activities; that this business results in Mr. Spellman’s inability to sell his vacant lot; that there was a business operating on the parcel prior to the current owners; that Mr. Spellman is concerned with potential contaminants, including sprays weed-killers, and pesticides being used, and the potential for harm to human health, and potential harm to the aquifer; that the siting of commercial uses adjacent to residential uses upsets the current balance; that Mr. Stanley stated he owns property two lots away from this site; that he built his home four years ago in a wooded lot; that there are deed restrictions applying to his property and to the adjoining parcels; that he has concerns with noise and traffic including potential back-up alarms; that he can see the house and the mechanical repairs through his woods; that he believes that there was no evidence of a prior business being undertaken on the site. Ms. Burton stated that there are no restrictions in the applicant’s deeds and the restricted covenants were not provided to the applicant at the time of closing; that the prior deed does have covenants; that the enforceability of the covenants would depend on the chain of title; that the covenants have not been enforced and there are other lot owners in the vicinity that have items (walls, fences, etc.) that are not in compliance with the covenants; that there is no mechanism to amend the covenants; that the applicant has taken measures to amend the covenants; that the applicant has reached out to adjoining landowners in relation to this. Ms. Wingate asked the applicant about whether dump trucks have been accessing the site. Mr. Dougherty stated that he does not have any dump trucks and that the dump trucks observed/heard by neighbors are associated the Spring Breeze development behind his lot and the associated tree removal; that none of his trucks have tail gates. Mr. Furbush stated the 21 lots were originally developed by a single developer and that all the lots are restricted to residential use; that if the Conditional Use is approved the deed restrictions would be ignored and this would be detrimental to the other 20 owners within the development; that there is no active Home Owners Association (“HOA”); that they have never needed a HOA; that the previous owner of the applicant’s lot owned one riding mower, and that this should not be considered as a commercial use; and that there is no commercial use elsewhere on the road and that he believes that

County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC P a g e | 4

this is the wrong location for a commercial use; that the proposed conditional use does not provide a benefit to other lot owners. At the conclusion of the public hearing, the Commission discussed this application. Motion by Ms. Wingate, seconded by Mr. Hopkins and carried unanimously to defer action for further consideration and to leave the record open to allow the applicant to submit the requested information in relation to the deed restrictions for the property. Motion carried 3-0. Ms. Stevenson was absent. At their meeting of February 14, 2019, the Planning Commission discussed the application which has been deferred since January 24, 2019. Ms. Stevenson indicated that she had listened to the record and was prepared to vote on the application. Mr. Robertson provided an overview of the chain of title and the deed restrictions that affect lots 9A, 10A, 11A and 12A; that the Commission does not enforce deed restrictions; that the determination of abandonment of the restrictions would be considered by the courts; and that the chain of title goes back to Springbreeze. Motion by Ms. Wingate, seconded by Mr. Hopkins and carried unanimously to close the record and defer action for further consideration. Motion carried 4-0. At their meeting on February 28, the Planning Commission discussed the application which has been deferred since January 24, 2019. Mr. Mears abstained himself. Mr. Mears was not on the Commission at the time of the hearing. Ms. Wingate moved that the Commission recommend denial of C/U 2157 for Country Lawn Care & Maintenance, LLC (c/o Gerald and Stephania Dougherty) for a Conditional Use for a landscaping business based upon the record and for the following reasons:

1. This application is for a Conditional Use to operate a landscaping business on land that is zoned AR-1.

2. The site is within a residential subdivision that has 15 developed within single-family homes on large lots.

3. The applicant is the owner of the property and has been operating the landscaping business from the site without any approvals. As a result, the applicant received a violation notice from Sussex County and applied for a Conditional Use.

4. According to the record, the applicant’s use would include parking and storage of vehicles, trailers, and equipment used in the business, and as a meeting place with parking for employees who pick up the company’s equipment to head out to job sites in the morning and return in the evening.

5. There are no other business or commercial uses in existence within the subdivision where the property is located.

6. There are no other business or commercial uses in this area on Hollymount Road. 7. There was opposition from the owners of neighboring properties within this subdivision that

the use would be inconsistent with the residential nature of the subdivision and the area of Hollymount Road.

County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC P a g e | 5

8. There was testimony from neighbors opposing the application that it would adversely affect the use and enjoyment of their properties as a result of the additional traffic coming to and from the property by employees and the noise and traffic generated by the vehicles and equipment on the site including motor noise, equipment banging and back-up warnings.

9. There was testimony in the record that there are recorded Restrictive Covenants in the chain of title to this property and the adjacent lots prohibiting any commercial uses on the property. These Restrictions are recorded in the Sussex County Office of the Recorder of Deeds at Deed Book 2709 Page 113. They state that “No commercial activities are permitted.

10. Absent any compelling evidence to the contrary, Sussex County should not ignore restrictive covenants that prohibit a use. Because there are Restrictive Covenants prohibiting this Conditional Use, this application should be denied.

11. There are other more appropriate locations for this use that are not within a residential subdivision and where the proposed use would be more consistent with the surrounding area.

12. For all these reasons this Conditional Use application shall be denied. Motion by Ms. Wingate failed as there was no second of the motion. The Commission held a discussion regarding the application; that Mr. Hopkins stated there are other conditions have been broken; that this is a situation where a young family and the business has been operating for a number of years from the site; that he has concerns about how it would impact the family and the business; that Mr. Wheatley stated the Restrictions that are in the chain of title are there for a reason; that whether they have been broken or not broken or ignored or not enforced that is not a decision for the Commission to make; that the Commission makes a recommendation to Sussex County Council and Sussex County Council would have a different hearing and may take a different view; that Mr. Wheatley cannot second a motion; that Ms. Stevenson stated that based on the fact that a business there previously and then this family moved there had basically had the same business and they did expand the business; and that is seems like the Covenants had already been abandoned; that the Restrictions have been abandoned. Motion by Mr. Hopkins, seconded by Ms. Stevenson to defer action for further consideration. Motion was 2-2. The motion has failed due to the lack of 3 votes. Ms. Wingate moved that the Commission recommend denial of C/U 2157 for Country Lawn Care & Maintenance, LLC (c/o Gerald and Stephania Dougherty) for a Conditional Use for a landscaping business based upon the record and for the following reasons:

1. This application is for a Conditional Use to operate a landscaping business on land that is zoned AR-1.

2. The site is within a residential subdivision that has 15 development with single-family homes on large lots.

3. The applicant is the owner of the property and has been operating the landscaping business from the site without any approvals. As a result, the applicant received a violation notice from Sussex County and applied for a Conditional Use.

4. According to the record, the applicant’s use would include parking and storage of vehicles, trailers, and equipment used in the business, and as a meeting place with parking for employees who pick up the company’s equipment to head out to job sites in the morning and return in the evening.

County Council Old Business Report II CU 2157 Country Lawn Care & Maintenance, LLC P a g e | 6

5. There are no other business or commercial uses in existence within the subdivision where the property is located.

6. There are no other business or commercial uses in this area on Hollymount Road. 7. There was opposition from the owners of neighboring properties within this subdivision that

the use would be inconsistent with the residential nature of the subdivision and the area of Hollymount Road.

8. There was testimony from neighbors opposing the application that it would adversely affect the use and enjoyment of their properties as a result of the additional traffic coming to and from the property by employees and the noise and traffic generated by the vehicles and equipment on the site including motor noise, equipment banging and back-up warnings.

9. There was testimony in the record that there are recorded Restrictive Covenants in the chain of title to this property and the adjacent lots prohibiting any commercial uses on the property. These Restrictions are recorded in the Sussex County Office of the Record of Deeds at Deed Book 2709 Page 113. They state that “No commercial activities are permitted.

10. Absent any compelling evidence to the contrary, Sussex County should not ignore restrictive covenants that prohibit a use. Because there are Restrictive Covenants prohibiting this Conditional Use, this application should be denied.

11. There are other more appropriate locations for this use that are not within a residential subdivision and where the proposed use would be more consistent with the surrounding area.

12. For all these reasons, this Conditional Use application shall be denied. Motion by Ms. Wingate, seconded by Ms. Stevenson to forward this application to the Sussex County Council with a recommendation that the application be denied for the reasons stated. Motion was 2-2. Motion failed due to the lack of 3 votes. Mr. Robertson explained that the rules state that it requires 3 affirmative votes to approve any matter within the jurisdiction of the Planning and Zoning Commission, this is Rule 5.5; that failure to receive 3 affirmative votes shall be deemed to disapprove any matter; that since it did not receive 3 votes it is equivalent to disapproval of that application. Motion by Ms. Stevenson, seconded by Mr. Hopkins to forward this application to the Sussex County Council with a recommendation that the application be approved. Motion was 2-2. Motion failed due to lack of 3 votes.

Introduced 10/02/18 Council District No. 3 – Burton Tax I.D. No. 234-11.00-78.07 911 Address: 30435 Hollymount Road, Harbeson

ORDINANCE NO. ___

AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A LANDSCAPING BUSINESS TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN INDIAN RIVER HUNDRED, SUSSEX COUNTY, CONTAINING 4.26 ACRES, MORE OR LESS

WHEREAS, on the 18th day of September 2018, a conditional use application,

denominated Conditional Use No. 2157, was filed on behalf of Country Lawn Care &

Maintenance, LLC (c/o Gerald and Stephania Dougherty); and

WHEREAS, on the ____ day of _____________ 2018, a public hearing was held, after

notice, before the Planning and Zoning Commission of Sussex County and said Planning and

Zoning Commission recommended that Conditional Use No. 2157 be ____________; and

WHEREAS, on the ____ day of ______________ 2018, a public hearing was held, after

notice, before the County Council of Sussex County and the County Council of Sussex County

determined, based on the findings of facts, that said conditional use is in accordance with the

Comprehensive Development Plan and promotes the health, safety, morals, convenience, order,

prosperity and welfare of the present and future inhabitants of Sussex County, and that the

conditional use is for the general convenience and welfare of the inhabitants of Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Article IV, Subsection 115-22, Code of Sussex County, be

amended by adding the designation of Conditional Use No. 2157 as it applies to the property

hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in Indian

River Hundred, Sussex County, Delaware, and lying on the north side of Hollymount Road,

approximately 0.42 mile east of Beaver Dam Road, and being more particularly described in

the attached deed prepared by Schab & Barnett, P.A., said parcel containing 4.26 acres, more

or less.

This Ordinance shall take effect immediately upon its adoption by majority vote of all

members of the County Council of Sussex County, Delaware.

PROPOSED

SUSSEX COUNTY GOVERNMENT GRANT APPLICATION

SECTION 1 APPLICANT INFORMATION Cape Henlopen Educational Foundation

ORGANIZATION NAME: Teacher Grants Program

PROJECT NAME: EIN 51-0403370

FEDERAL TAX ID: NON-PROFIT: ·• YES NO

DOES YOUR ORGANIZATION OR ITS PARENT ORGANIZATION HAVE A RELIGIOUS AFFILIATION?

YES • NO *IF YES, FILL OUT SECTION 3B. The Cape Henlopen Educational Foundation (CHEF) exists to

ORGANIZATION'S MISSION: develop resources and increase community awareness for the Cape Henlopen School District. Our joint mission is to prepare each student for a healthy, creative, productive life in a diverse and and global society

ADDRESS: 1470 Kings Highway

Lewes Delaware 199458

(CITY) (STATE) (ZIP)

Rick Grier-Reynolds CONTACT PERSON:

President TITLE:

302-529-0534 rgrierreynolds@gmail.com PHONE: EMAIL:

TOTAL FUNDING REQUEST: $2500

Has your organ1zation received other grant funds from Sussex County Government in . YES • NO the last year?

lfYES, how much was received in the last 12 months?

If you are asking for funding for building or building improvements, do you own the building in which the funding will be used for?

Are you seeking other sources of funding other than Sussex County Council?

YES •NO

• · YES NO

lfYES, approximately what percentage of the project's funding does the Council grant represent? 5%

Fair Housing Infrastructurel

SECTION 2: PROGRAM DESCRIPTION

PROGRAM CATEGORY (choose all that apply)

Health and Human Services Other

Disability & Special Needs Elderly Persons

BENEFICIARY CATEGORY

Victims of Domestic Violence • Low to Moderate IncomeZ • Other students and teachers Minority

BENEFICIARY NUMBER

Cultural • Educational

• Homeless Youth

Approximately the total number of Sussex County Beneficiaries served annually by this program: 5500 students

SECTION 3: PROGRAM SCOPE A. Briefly describe the program for which funds are being requested. The narrative should include

the need or problem to be addressed in relation to the population to be served or the area to benefit.

(see attached)

B. IF RELIGIOUS AFFILIATION WAS CONFIRMED ABOVE IN SECTION 1, PLEASE FILL OUT THE FOLLOWING SECTION. IF RELIGIOUS AFFILIATION WAS NOT CHECKED IN SECTION 1, THIS SECTION MAY BE LEFT BLANK

A faith-based nonprofit organization is eligible to receive and apply for a grant on the same basis as other nonprofit organizations, with respect to programs which are eligible. In the selection of grantees, the County will not discriminate for or against an organization on the basis of the organization's religious characterization or affiliation. However, certain requests to utilize funding for programs with religious purposes may not be eligible due to constitutional principles of the United States and/or the State of Delaware.

Briefly describe the components of the program that involve religious purposes and the components that involve secular purposes, or non-religious purposes. If both non-religious and religious purposes are involved in the program, this narrative must include the specific actions that will be implemented in order to ensure that the funding is solely used for non-religious purposes and will not be used to advance or inhibit religious or faith-based activities.

After the awarded funds have been made, receipts of the non-religious purchases shall be submitted in accordance with Section 5 below before funds will be disbursed.

SECTION 4: BUDGET

REVENUE Please enter the current support your organization receives for this project

(not entire organization revenue if not applicable to request)

TOTAL REVENUES

EXPENDITURES Please enter the total projected budget for the project (not entire organization expense if not applicable to request). Example of expenditure items: PERSONNEL-one lump sum that would include benefits, OPERATING COSTS-supplies, equipment, rent/lease, insurance, printing telephone, CONSTRUCTION/ACQUISITION-acquisition, development, rehab hard cost, physical inspections, architectural engineering, permits and fees, insurance, appraisal. (Put amounts in as a ne2ative l

2500

TOT AL EXPENDITURES $ 0.00

TOTAL DEFICIT FOR PROJECT OR ORGANIZATION $ 0.00

SECTION 5: STATEMENT OF ASSURANCES

. . . . . Cape Henlopen Educational Foundc: If this grant apphcat10n is awarded fundmg, the agrees that:

(Name of Organization)

1) For non-religious organizations, all expenditures must have adequate documentation and must be expended within one (1) year of receipt of award funds. The funding awarded to the organization must be used in substantial conformity with the anticipated expenditures set forth in the submitted application. All accounting records and supporting documentation shall be available for inspection by Sussex County within thirty (30) days after the organization's expenditure of the awarded funding, or within one year after the receipt of the awarded funds, whichever first occurs.

2) For religious organizations, all accounting records and supporting documentation shall be provided for inspection by Sussex County after the award has been made by County Council but before the funding is released.

3) No person, on the basis ofrace, color, or national origin, should be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under the program or activity funded in whole or in part by these Grant funds.

SECTION 5: STATEMENT OF ASSURANCES (continued)

4) All information and statements in this application are accurate and complete to the best of my information and belief.

5) All funding will benefit only Sussex County residents. 6) All documents submitted by the applicant are defined as public documents and available for

review under the Freedom of Information Act of the State of Delaware. 7) All funding will be used exclusively for secular purposes, i.e., non-religious purposes and shall not

be used to advance or inhibit religious purposes. 8) In the event that the awarded funding is used in violation of the requirements of this grant.

the awarded funding shall be reimbursed to Sussex County within a timeframe designated by Sussex County by written notice. ~/)/.u1{ ~ k

rick grier-reynold~ ·~~~h"2,2019 ~~~~~~~~~~~_.::;__~~~

Applicant/ Authorized Official Signature

lb~~~ /WitileS!t'sigl1atllfe

Completed application can be submitted by:

Email:

Mail:

gjennings@sussexcountyde.gov

Sussex County Government Attention: Gina Jennings PO Box 589 Georgetown, DE 1994 7

Date

IJ~C!/-::201~ Date

March 2, 2019

The Cape Henlopen Educational Foundation (CHEF), a nonprofit 501-C3 strategic partner of the Cape Henlopen School District since 2006, is pleased to submit a request for a contribution to Sussex County Council. We believe that CHEF is very positively impacting the educational development of our 5500 students in the nine Cape schools and the economic development of our entire region.

During the 2018-19 school year, CHEF has provided over $34,000 in grants to support programs in math and science, the arts, diversity and inclusion, outreach to homeless and limited income students, field trips and much more. Many of these programs wouldn't happen without community contributions.

Our goal is to inspire interest and hands-on learning, and to prepare students-our workforce of the future-for healthy, creative and productive lives in a diverse society. We seek to engage all segments of the Cape community in this process because we feel all segments benefit from a top tier school system such as ours.

Real estate, restaurant, retail, property maintenance and virtually every Cape business sector is enhanced by the economic impact of a highly successful school district. Families relocate to the Cape area based on the excellent reputation of the Cape School District. The best teachers in the state want to teach here. Thanks to their excellent education and character development, Cape students dramatically outperform other districts in state testing, and 85% go on to higher education, with many returning to the area with well-developed job skills.

Because we are one of only two public school educational foundations in Delaware, CHEF can encourage teachers to apply for quality learning experiences through our Teacher Excellence Grants program. We are respectfully requesting a grant of $2500 from Sussex County Council for our 2019 programs, which in the past year included funds for all grades and socioeconomic levels: STEM programs (science fair, software, field trips); creation of a learning center with new books; visual and performing arts activities, the purchase of school supplies for limited income students and as many other positive learning experiences as our revenues permitted.

The support of our Sussex County Council is an important endorsement for our efforts. We appreciate your consideration and hope you will continue to invest in the educational growth and personal development of our students and future community leaders.

-SUSSEX COUNTY COUNCIL NON-PROFIT GRANT PROGRAM

GUIDELINES FOR SUBMITTAL AND AFFIDAVIT OF UNDERSTANDING

The Sussex County Council makes available a limited amount of funding to non-profit organizations that serve the citizens of Sussex County. Each application for funding shall be evaluated by Sussex County administrative staff and shall be subject to final approval from Sussex County Council.

In the attached application, each organization must outline its intended uses for the awarded funding and provide a detailed breakdown of the expenses and costs for such uses. Any funding awarded to the organization must be used in substantial conformity with anticipated expenditures of the submitted application.

All expenditures must have adequate documentation and must be expended within one (1) year of award of funds.

For non-religious organizations, all accounting records and supporting documentation shall be available for inspection by Sussex County within thirty (30) days after the organization's expenditure of the awarded funding, or within one year after the receipt of the awarded funds, whichever first occurs.

For religious organizations, all accounting records and supporting documentation shall be provided for inspection by Sussex County after the award has been made by County Council but before funding is released. Grant is relinquished if supporting documentation is not provided within one year of County Council award.

Certain programs are not eligible for funding pursuant to United States Constitution and State of Delaware Constitution. Those constitutional principles prohibit the use of funding to advance or inhibit religious activities. By signing below, the organization acknowledges that the funding shall be used exclusively for secular purposes, i.e., non-religious purposes and shall not be used to advance or inhibit religious activities.

In the event that such funding is used in violation of the requirements and assurances contained in this grant application. the awarded funding shall be reimbursed to Sussex County within a timeframe designated by Sussex County by written notice.

I acknowledge and represent on behalf of the applicant organization that I have read and understand the above statements. R.5~ ~ rick grier-reynoldS U -,--or- -President

~~~~~~~~~~~~~

Applicant/ Authorized Official Signature Title

ti:.~~-~~ itneSSSi;~

March 2, 2019

Rev. 02/2019

SUSSEX COUNTY GOVERNMENT GRANT APPLICATION

FEDERAL TAX ID:

DOES YOUR ORGANIZATION OR ITS PARENT ORGANIZATION HAVE A RELIGIOUS AFFILIATION?

DYES ~o 1 ORGANIZATION'S MISSION:

*IF YES, FILL OUT SECTION 38.

ADDRESS: _4flLt11Ml~clf S~ ______ _

JrJJ_j-;£~- _j)_L_~~-[CITY) (STATE)

CONTACT PERSON:

TITLE:

PHONE:

TOTAL FUNDING REQUEST: .~S/:f;!).fI.£2 ___ _ Has your organization received other grant funds from Sussex County Government in

the last year?

·• If YES, how much was received in the last 12 months?

If you are asking for funding for building or building improvements, do you own the building in which the funding will be used for?

Are you seeking other sources offunding other than Sussex County Council?

(ZIP)

DYES ~o

[]YES ~NO

'!Xf_YES [j NO

' If YES, approximately what percentage of the project's funding does the Council grant represent?.;;20%~ '

• !

PROGRAM CATEGORY (choose all that apply)

["-] Fair Housing D Health and Human Services D Cultural · [] lnfrastructurel D Other --··-·-·-·····~·- %Educational

BENEFICIARY CATEGORY

LJ Victims of Domestic Violence D Homeless D Low to Moderate Income2 ~Youth

1' , [J Disability & Special Needs fl .: · [] Elderly Persons

[_J Minority 0 Other _____ _ ___ _

BENEFICIARY NUMBER

Approximately the total number of Sussex County Beneficlat' ies served annually by this program: .. _d_~ts .

4l· A. Briefly describe the program for which funds are being requested. The narrative should include the need or problem to be addressed in relation to the population to be served or the area to

benefit.

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B. IF RELIGIOUS AFFILIATION WAS CONFIRMED ABOVE IN SECTION 1, PLEASE FILL OUT THE FOLLOWING SECTION. IF RELIGIOUS AFFILIATION WAS NOT CHECKED IN SECTION 1, THIS SECTION MAY BE LEFT BLANK.

A faith-based nonprofit organization is eligible to receive and apply for a grant on the same basis as other nonprofit organizations, with respect to programs which are eligible. In the selection of grantees, the County will not discriminate for or against an organization on the basis of the organization's religious characterization or affiliation. However, certain requests to utilize funding for programs with religious purposes may not be eligible due to constitutional principles of the United States and/or the State of Delaware.

Briefly describe the components of the program that involve religious purposes and the components that involve secular purposes, or non-religious purposes. If both non-religious and religious purposes are involved in the program, this narrative must include the specific actions that will be implemented in order to ensure that the funding is solely used for non-religious purposes and will not be used to advance or inhibit religious or faith-based activities.

After the awarded funds have been made, receipts of the non-religious purchases shall be submitted in accordance with Section 5 below before funds will be disbursed.

. ;1

~E€1'JON 4.: ,Btl1J?GET

REVENUE Please enter the current support your organization receives for this p11oject

(not entire organization revenue if not a licable to re uest ·

TOT AL REVENUES

EXPEN1D ITU RES Please enter the total projected budget for the proj~ct (not entire . organization expense if not applicable to request). Example of expenditure items: PERSONNEL-one lump sum.that would include benefits, OPERAJIN<:; COSTS-supplies, equipment, rent/lease, insurance, printing telephone, CONSTRUCTION/ACQUISITION-acquisition, development, rehab barµ cost, physical inspections, archftectural engineering, permits and fees, insurance,

raisal. (Pyt amounts in as a ne ative "· ·

TOT AL EXPENDITURE

TOTAL DEFICIT FOR PROJECT OR ORGANIZATION

'. If this gran t application is awarded funding, the \.4.0.B 'Ko'oJics CJLA.b ' (Name of Orga·-n-iz-a-t1-·o_n_) _ _

s \IO()

agrees that:

For non-religious organizations, all expenditures must have adequate documentation and must be expended within one (1) year of receipt of award funds. The funding awarded to the organization must be used in substantial conformity with the anticipated expenditures set forth in the submitted application. All accounti ng records and supporting documentation shall be available for insp ection by Sussex County within thirty (30) days after the organization's expenditure of t he awarded funding, or within one year after the receipt of the awarded funds, whichever first occurs.

·· 2) For religious organizations, all accounting records and supporting documentation shall be provided for inspection by Sussex County after the award has been made by County Council but befo re the funding is released.

3) No person, on the basis of race, color, or national origin, should be excluded from participation in, be denied the benefit of, or be otherwise subj ected to discrimination und er the program or activity funded in whole or in part by th ese Grant funds.

All information and statements in this application are accurate and complete to the best of my information and belief. All funding will benefit only Sussex County residents. All documents submitted by the applicant are defined as public documents and available for review under the Freedom of Information Act of the State of Delaware. All funding will be used exclusively for secular purposes, i.e., non-religious purposes and shall not be used to advance or inhibit religious purposes. ln the eyell.t thatthe awarded fm1diug is used in violation ofthe requirements of this granc the awarded funding shall be reimbursed to SussexCounty within a timeframe designated by Sussex County by writte:h notice.

LrvL ~ -:s J (.p I'°'

Completed application can be submitted by:

Email:

Mail:

gjennings@sussexcountyde.gov

Sussex County Government Attention: Gina Jennings PO Box 589 Georgetown, DE 1994 7

Date

12~0fl_. Date

SUSSEX COONTYCOUNCIL NON--PROFlT GRANT PROGRAM GUlDELlNES FOR SU BM ITT AL AND AFFIDAVIT OF UNDERSTANDING

The Sussex County Council makes available a limited amount of funding to non-profit organizations that serve the citizens of Sussex County. Each application for funding shall be evaluated by Sussex County administrative staff and shall be subject to final approval from Sussex County Council.

In the attached application, each organization must outline its intended uses for the awarded funding and provide a detailed breakdown of the expenses and costs for such uses. Any funding awarded to the organization must be used in substantial conformity with anticipated expenditures of the submitted application.

All expenditures must have adequate documentation and must be expended within one (1) year of award of funds.

For non-religious organizations, all accounting records and supporting documentation shall be available for inspection by Sussex County within thirty (30) days after the organization's expenditure of the awarded funding, or within one year after the receipt of the awarded funds, whichever first occurs.

For religious organizations, all accounting records and supporting documentation shall he provided for inspection by Sussex County after the award has been made by County Council but before funding is released. Grant is relinquished if supporting documentation is not provided within one year of County Council award. ·d

• i r 1,/

Certain programs are not eligible for funding pursuant to United States Constitution arid State of Delaware Constitution. Those constitutional principles prohibit the use of funding to advance or inhibit religious activities. By signing below, the organization acknowledges that the funding shall be used exclusively for secular purposes, i.e., non-religious purposes and shall not be used to advance or inhibit religious activities.

In the event that such fonding is used in vfolation of the ·requirements and assurances cqntairic?d in t hi s grant applic;:1tion. the awarded funding shall be reimbursed to Sussex Co un ty within a time frame designated by Sussex County by Wti.tte:!l notice:

I acknowledge and represent on behalf of the applicant organization that I have read arid understand the above statements. .\~

:I

5~ &i~Te~ /r<()~+,-~5 Title Coc:tc\i

Date

To Be Introduced 03/19/19

Council District No. 3 - Burton

Tax I.D. No. 334-1.00-15.00 (portion of) and 334-1.00-15.03

911 Address: N/A

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX

COUNTY FROM AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO A HR-1

HIGH DENSITY RESIDENTIAL DISTRICT FOR A CERTAIN PARCEL OF LAND

LYING AND BEING IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY,

CONTAINING 12.50 ACRES, MORE OR LESS

WHEREAS, on the 14th day of February 2019, a zoning application, denominated

Change of Zone No. 1882, was filed on behalf of Nassau DE Acquisition Co., LLC; and

WHEREAS, on the ______ day of ______________ 2019, a public hearing was held,

after notice, before the Planning and Zoning Commission of Sussex County and said

Planning and Zoning Commission recommended that Change of Zone No. 1882 be

____________; and

WHEREAS, on the ______ day of ______________ 2019, a public hearing was held,

after notice, before the County Council of Sussex County and the County Council of Sussex

County has determined, based on the findings of facts, that said change of zone is in

accordance with the Comprehensive Development Plan and promotes the health, safety,

morals, convenience, order, prosperity and welfare of the present and future inhabitants of

Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Article II, Subsection 115-7, Code of Sussex

County, be amended by deleting from the Comprehensive Zoning Map of Sussex County

the zoning classification of [AR-1 Agricultural Residential District] and adding in lieu

thereof the designation of HR-1 High Density Residential District as it applies to the

property hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in

Lewes and Rehoboth Hundred, Sussex County, Delaware, and lying on the east side of

Coastal Highway (Route 1) approximately 150 feet north of Old Mill Road, and on the

north side of Old Mill Road approximately 708 feet east of Coastal Highway (Route 1), and

being more particularly described in the attached legal description prepared by Hillcrest

Associates, said parcel containing 12.50 acres, more or less.

TOBE IN

TRODUCED

This Ordinance shall take effect immediately upon its adoption by majority vote of

all members of the County Council of Sussex County, Delaware.

TO BE INTRODUCED

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 13, 2019 RE: County Council Report for Ord. 19-2 Comprehensive Plan The Planning and Zoning Department AN ORDINANCE TO AMEND ORDINANCE #2620 ADOPTING THE COMPREHENSIVE PLAN FOR SUSSEX COUNTY TO ADDRESS CHANGES TO THE COMPREHENSIVE PLAN RAISED BY THE STATE OF DELAWARE EXECUTIVE DEPARTMENT, OFFICE OF STATE PLANNING COORDINATION, IN A LETTER DATED JANUARY 18, 2019. The Planning and Zoning Commission held a public hearing on March 14, 2019. The following are the draft minutes for the Ordinance from the Planning and Zoning Commission meeting. Ms. Cornwell advised the Commission that amendments were minor since Council adopted the plan; that the changes included a sewer map, a note on the Future Land Use map, the inclusion of a paragraph and the removal of a sentence an agency had a concern with; that the plan has been to the Cabinet Committee and the plan in its current form is awaiting the Governors signature. The Commission found that no one wished to speak in favor of or in opposition to the application. At the conclusion of the public hearings, the Commission discussed this application. Mr. Mears moved that the Commission recommend approval of Ord. 19-2 regarding the comprehensive plan. Motion by Mr. Mears, seconded by Ms. Stevenson and carried unanimously to recommend approval of the ordinance based on the record. Motion carried 4-0. Ms. Wingate was absent.

Introduced 2/19/19

ORDINANCE NO. _______

AN ORDINANCE TO AMEND ORDINANCE #2620 ADOPTING THE COMPREHENSIVE PLAN FOR SUSSEX COUNTY TO ADDRESS CHANGES TO THE COMPREHENSIVE PLAN RAISED BY THE STATE OF DELAWARE EXECUTIVE DEPARTMENT, OFFICE OF STATE PLANNING COORDINATION, IN A LETTER DATED JANUARY 18, 2019.

WHEREAS, on December 4, 2018, the Sussex County Council adopted Ordinance # 2620, which in turn adopted the Comprehensive Plan (the “Plan”) subject to the certification of the Governor of the State of Delaware; and

WHEREAS, following the adoption of Ordinance #2620, the State of Delaware and certain agencies thereof provided additional minor comments and amendments to Plan as part of the State certification process in a letter from the Office of State Planning Coordination dated January 18, 2019; and

WHEREAS, Sussex County Council has considered the comments and amendments requested by the State and has made minor amendments to the Plan in response thereto: and

WHEREAS, because these minor amendments came after the adoption of Ordinance #2620, Sussex County Council desires to adopt this ordinance affirming the Plan with the minor amendments; and

WHEREAS, in accordance with the required process for public hearings on ordinances such as this one, both Sussex County Council and the Sussex County Planning & Zoning Commission will hold public hearings on this Ordinance, but limited in scope to the minor amendments that have been made to the Plan that are the subject of this Ordinance, and not the Plan in its entirety which was previously approved by Ordinance # 2620.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. The amendments made to the Sussex County Comprehensive Plan in response to the comments made by the State of Delaware are hereby adopted and incorporated into the Sussex County Comprehensive Plan as adopted by Sussex County Council by Ordinance #2620.

Section 2. Consistent with the terms of Ordinance #2620, this Ordinance shall also take effect following its adoption by majority vote of all members of the County Council of Sussex County, Delaware, and upon certification by the Governor of the State of Delaware.

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 14, 2019 RE: County Council Report for CU 2160 Procino, Wells and Woodland, P.A. The Planning and Zoning Department received an application (CU 2160 Procino, Wells and Woodland, P.A.) to allow for a Conditional Use to allow for a professional office for parcel 335-12.06-3.00 to be located at 1519 Savannah Rd. The Planning and Zoning Commission held a public hearing on February 28, 2019. The following are the draft minutes for the Conditional Use from the Planning and Zoning Commission meeting. Ms. Cornwell advised the Commission that submitted into the record is a staff analysis, an exhibit booklet, comments from the Sussex Conservation District, the results from DelDOT Service Level Evaluation request confirming that a Traffic Impact Study (TIS) was not required and comments from the Sussex County Engineering Department of Utility Planning Division. The Commission found that Tim Willard, an Attorney with Fuqua, Willard, Stevens, and Schab, and Ms. Amber Woodland, partner with Procino-Wells and Woodland were present on behalf of the application; that Mr. Willard stated the Applicants are going to keep the look of the house but use it as an office; that there are a lot of offices on Savannah Road; that the house was built in 1934: that the house had housed an old magistrates office from the 1930’s to the 1940’s; that the home consist of approximately 1,700 square feet which is the proposed office space; that they would have nine parking spaces with most of the parking in the back of the site; that there maybe one or two employees at the site; that there would not be a lot of traffic; that the Applicants intend to keep as many of the existing trees they can; that a Traffic Impact Study (TIS) was not warranted; that they would like a downward lighting sign; that they have submitted proposed findings for the record; that the proposed Conditional Use would not adversely affect the neighborhood; that Ms. Woodland stated the hours of operation are from 8:00 a.m. to 4:30 p.m., Monday through Friday; that they are proposing the hours of operation to be 7:00 a.m. to 7:00 p.m., Monday through Friday and weekend by appointment only; and that they would provide handicap parking in the front and a ramp in back of the property. The Commission found that no one spoke in favor of or in opposition to the application. At the conclusion of the public hearing, the Commission discussed this application.

County Council Report for CU 2160 Procino, Wells and Woodland, P.A. P a g e | 2

Ms. Stevenson moved that the Commission recommend approval of Conditional Use 2160 for Procino-Wells & Woodland, P.A. for a professional office based upon the record made during the public hearing and for the following reasons:

1. The proposed Conditional Use is similar in character to many other offices in this area of Savannah Road. It is in character with the long history development of medical and professional office space along Savannah Road.

2. The use as a professional office in this location will benefit the health, safety, and welfare of present and future residents of Sussex County residents by providing such a use in a convenient location.

3. The applicant intends to utilize the existing structure on the property as a law office. This is consistent with other business and professional uses along Savannah Road.

4. The use, with the conditions and limitations placed upon it, will not adversely affect neighboring properties or roadways.

5. The use is in a Developing Area according to the Sussex County Comprehensive Land Use Plan. This use is appropriate in that according to the Plan.

6. This recommendation is subject to the following conditions: A. The use shall be limited to professional offices only. B. As stated by the Applicant, the use shall occur within the existing structure that will be

renovated by the Applicant, while maintaining its residential appearance from Savannah Road.

C. The hours of operation will be between 7:00 a.m. and 7:00 p.m., Monday through Friday and weekends by appointments.

D. Any dumpsters shall be located to the rear of the property and screened from view of neighboring properties and roadways.

E. The Applicant shall comply with all DelDOT requirements concerning entrance, traffic, and roadway improvements.

F. All exterior lighting shall be downward screened so that it does not shine on neighboring properties or roadways.

G. As stated by the Applicant, the existing fencing shall be maintained around the site. H. With the exception of the required handicapped spaces, all parking shall be located in the

rear of the property behind the office. The parking areas shall be shown on the Final Site Plan and clearly marked on the site itself.

I. One lighted sign will be permitted on the property. The sign shall be no larger than 32 square feet per side.

J. The Final Site Plan shall be subject to the review and approval of the Sussex County Planning and Zoning Commission.

Motion by Ms. Stevenson, seconded by Ms. Wingate and carried unanimously to forward this application to the Sussex County Council with a recommendation that the application be approved for the reasons and conditions stated in the motion. Motion carried 5-0.

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE 19947

Memorandum To: Sussex County Planning Commission Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Vince Robertson, Assistant County Attorney and applicant Date: February 21, 2019 RE: Staff Analysis for CU 2160 Procino, Wells and Woodland, P.A. This memo is to provide background and analysis for the Planning Commission to consider as a part of application CU 2160 Procino, Wells and Woodland, P.A. to be reviewed during the February 28, 2019 Planning Commission Meeting. This analysis should be included in the record of this application and is subject to comments and information that may be presented during the public hearing. The request is for a Conditional Use for parcel 335-12.06-3.00 to allow for professional office to be located at 1519 Savannah Rd. The size of the properties is 0.91827 ac. +/-. The 2008 Sussex County Comprehensive Plan Update (Comprehensive Plan) provides a framework of how land is to be developed. As part of the Comprehensive Plan a Future Land Use Map is included to help determine how land should be zoned to ensure responsible development. The Future Land Use map indicates that the properties have the land use designation Environmentally Sensitive Developing Area. The surrounding land use to the north, south, east and west is Environmentally Sensitive Developing Area. The Environmentally Sensitive Developing Area land use designation recognizes that a range of housing types should be permitted including single-family, townhouses and multi-family and that variety of office and retail uses would be appropriate in many areas and that business and industrial parks with good road access would be appropriate. It also recognizes that mixture of homes with light commercial and institutional uses could be appropriate to provide for convenient services and let people work close to home. The property is zoned AR-1 (Agricultural Residential District). The properties to the north are zoned AR-1 (Agricultural Residential District) and MR (Medium-Density Residential District). The properties to the east are zoned AR-1(Agricultural Residential District). The properties to the south and west are zoned AR-1 (Agricultural Residential District) and B-1 (Neighborhood Business District). There are a number of Conditional Uses in the area (professional offices). Based on the analysis of the land use, surrounding zoning and uses, the Conditional Use for a professional office would be considered consistent with the land use, area zoning and uses.

Sussex County

polygonLayerOverride 1

polygonLayerOverride 1

Tax Parcels

911 Address

Streets

February 4, 2019

0 0.055 0.110.0275 mi

0 0.085 0.170.0425 km

1:2,257

1519 SAVANNAH RD3914

LEWESDEQUAKERTOWN HWY

CORLEWES TO WESTCOATS

335-12.06-3.00Owner Name

Mailing AddressBook

CityStateDescription

Land CodeDescription 3Description 2

PIN:PEET STEVEN C &MARYBETH B

Sussex County

polygonLayerOverride 1

polygonLayerOverride 1

Tax Parcels

911 Address

Streets

County Boundaries

February 4, 2019

0 0.025 0.050.0125 mi

0 0.04 0.080.02 km

1:1,128

1519 SAVANNAH RD3914

LEWESDEQUAKERTOWN HWY

CORLEWES TO WESTCOATS

335-12.06-3.00Owner Name

Mailing AddressBook

CityStateDescription

Land CodeDescription 3Description 2

PIN:PEET STEVEN C &MARYBETH B

Sussex County

polygonLayerOverride 1

polygonLayerOverride 1

Tax Parcels

911 Address

Streets

County Boundaries

February 4, 2019

0 0.025 0.050.0125 mi

0 0.04 0.080.02 km

1:1,128

1519 SAVANNAH RD3914

LEWESDEQUAKERTOWN HWY

CORLEWES TO WESTCOATS

335-12.06-3.00Owner Name

Mailing AddressBook

CityStateDescription

Land CodeDescription 3Description 2

PIN:PEET STEVEN C &MARYBETH B

Introduced 11/13/18

Council District No. 3 – Burton Tax I.D. No. 335-12.06-3.00 911 Address: 1519 Savannah Road, Lewes

ORDINANCE NO. ___

AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A PROFESSIONAL OFFICE TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, CONTAINING 0.91827 ACRE, MORE OR LESS

WHEREAS, on the 25th day of October 2018, a conditional use application,

denominated Conditional Use No. 2160, was filed on behalf of Procino, Wells and Woodland,

P.A.; and

WHEREAS, on the ____ day of _____________ 2019, a public hearing was held, after

notice, before the Planning and Zoning Commission of Sussex County and said Planning and

Zoning Commission recommended that Conditional Use No. 2160 be ____________; and

WHEREAS, on the ____ day of ______________ 2019, a public hearing was held, after

notice, before the County Council of Sussex County and the County Council of Sussex County

determined, based on the findings of facts, that said conditional use is in accordance with the

Comprehensive Development Plan and promotes the health, safety, morals, convenience, order,

prosperity and welfare of the present and future inhabitants of Sussex County, and that the

conditional use is for the general convenience and welfare of the inhabitants of Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Article IV, Subsection 115-22, Code of Sussex County, be

amended by adding the designation of Conditional Use No. 2160 as it applies to the property

hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in Lewes

and Rehoboth Hundred, Sussex County, Delaware, and lying on the north side of Savannah

Road, approximately 878 feet west of Dove Road, and being more particularly described in the

attached legal description prepared by Tunnell & Raysor, P.A., said parcel containing 0.91827

acre, more or less.

This Ordinance shall take effect immediately upon its adoption by majority vote of all

members of the County Council of Sussex County, Delaware.

PROPOSED

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 14, 2019 RE: County Council Report for CU 2161 Howard Weston Development Company, LLC The Planning and Zoning Department received an application (CU 2161 Howard Weston Development Company, LLC.) to allow for a Conditional Use to allow for professional office for accounting, tax preparation and bookkeeping services for parcel 334-4.00-80.00 to be located at 129065 Lewes-Georgetown Hwy. (Rt. 9). The Planning and Zoning Commission held a public hearing on February 28, 2019. The following are the draft minutes for the Conditional Use from the Planning and Zoning Commission meeting. Ms. Cornwell advised the Commission that submitted into the record were a staff analysis, an exhibit booklet, comments from Sussex Conservation District Utility Planning Division the results from DelDOT Service Level Evaluation request confirming that a Traffic Impact Study (“TIS”) was not required, and comments from the Sussex County Engineering Department Utility Planning Division. Two letters were received in support of the application were submitted into the record. The Commission found that Mr. Dennis Schrader, an Attorney with Morris, James, Wilson, Halbrook and Bayard, LLP, Mr. John Travis and Mr. Dave Roberts, with Howard Weston Development Company were present on behalf of the application; that Mr. Schrader stated that the property is located across the road from the Habitat Re-Store site; that the property is a 1-acre parcel; that the property is located in an AR-1 (Agricultural Residential District); that a single-family house with a garage is currently located on the parcel; that the proposed Conditional Use application is to allow the applicant’s to have an accounting office; that the area is slowly evolving into an commercial area which includes Hopkin’s Dairy Farm, a gun shop, Millman’s Hardware and Appliances, the Moose Club, antique store, and etc.; that the proposed Conditional Use is to convert a single-family dwelling to allow for accounting services and tax preparation; that the single-family dwelling consist of 1,344 square feet and includes of three bedrooms, a living room, kitchen, and restrooms; that the proposal is to make the three bedrooms into offices, use the living room as a reception area and the kitchen and restrooms would remain the same; that they have the ability to provide eight parking spaces for the clients; that the proposed hours of operation are from 7:00 a.m. to 9:00 p.m., Monday through Friday, 7:00 a.m. to 5:00 p.m., Saturdays and no hours of Sunday; that the property would be landscaped; that the applicants are requesting a sign with LED lighting and it would be controlled by a timer to be on during the hours of operation; that Mr. Travis stated he typically does tax preparation by appointment only and some of the clients drop off information; that there would be typically three

County Council Report for CU 2161 Howard Weston Development Company, LLC P a g e | 2

employees with two customers at a time; that the hours of operation would be less after tax season; that the proposed sign would be turned off each night except during tax season and the sign would be turned off when they leave each night; that the proposed use is a public and semi-public use; that the proposed use is consistent with the State Spending Strategies and the Comprehensive Plan; that the proposed use would not have any impact to the neighboring properties; that there would be lighting in the parking area and it would be downward screened; and that the parking area would be paved. The Commission found that no one wished to speak in favor of or in opposition to the application. At the conclusion of the public hearings, the Commission discussed this application. Motion by Ms. Wingate, seconded by Mr. Hopkins and carried unanimously to defer action for further consideration. Motion carried 5-0. At their meeting on March 14, 2019, the Planning Commission discussed the application that was deferred from the February 28, 2019 meeting. Mr. Mears moved that the Commission recommend approval of C/U # 2161 for HOWARD WESTON DEVELOPMENT COMPANY, LLC for a Professional Office based upon the record made during the public hearing and for the following reasons:

1. The proposed Conditional Use is consistent with other uses in this area of Route 9. There are many business uses, commercial zones and conditional uses in the area.

2. The use as a professional office in this location will benefit the health, safety and welfare of present and future residents of Sussex County residents by providing such a use in a convenient location.

3. The applicant intends to utilize the existing structure on the property as an office. This is consistent with other small business uses along Route 9.

4. The use, with the conditions and limitations placed upon it, will not adversely affect neighboring properties or roadways.

5. No parties appeared in opposition to this application, and there were two letters in support of the application from neighboring property owners.

6. This recommendation is subject to the following conditions: A. The use shall be limited to professional office use only. B. As stated by the applicant, the use shall occur within the existing structure that will be

renovated by the Applicant, while maintaining its residential appearance. C. The hours of operation shall be between 7:00 am and 9:00 pm Monday through Friday,

and 7:00 am until 5:00 pm on Saturdays. There shall not be any Sunday hours. D. Any dumpsters shall be located to the rear of the property and screened from view of

neighboring properties and roadways. E. The Applicant shall comply with all DelDOT requirements concerning entrance,

traffic and roadway improvements. F. All exterior lighting shall be downward screened so that it does not shine on

neighboring properties or roadways. G. With the exception of the required handicapped spaces, all parking shall be located in

the rear of the property behind the office. The parking areas shall be shown on the Final Site Plan and clearly marked on the site itself.

County Council Report for CU 2161 Howard Weston Development Company, LLC P a g e | 3

H. One lighted sign shall be permitted on the property. The sign shall be no larger than 32 square feet per side. The sign may be a Electronic Message Display, but it shall only be operational during the business hours of this use.

I. The Final Site Plan shall be subject to the review and approval of the Sussex County Planning & Zoning Commission.

Motion by Mr. Mears, seconded by Ms. Stevenson and carried unanimously to approve the Conditional Use for the reasons and conditions stated in the motion. Motion carried 4-0. Ms. Wingate was absent.

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE 19947

Memorandum To: Sussex County Planning Commission Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Vince Robertson, Assistant County Attorney and applicant Date: February 21, 2019 RE: Staff Analysis for CU 2161 Howard Weston Development Company, LLC. This memo is to provide background and analysis for the Planning Commission to consider as a part of application CU 2161 Howard Weston Development Company, LLC to be reviewed during the February 28, 2019 Planning Commission Meeting. This analysis should be included in the record of this application and is subject to comments and information that may be presented during the public hearing. The request is for a Conditional Use for parcel 334-4.00-80.00 to allow for professional office for accounting, tax preparation and bookkeeping services to be located at 29065 Lewes-Georgetown Hwy. (Rt. 9). The size of the properties is 0.9468 ac. +/-. The 2008 Sussex County Comprehensive Plan Update (Comprehensive Plan) provides a framework of how land is to be developed. As part of the Comprehensive Plan a Future Land Use Map is included to help determine how land should be zoned to ensure responsible development. The Future Land Use map indicates that the properties have the land use designation Low Density Area. The surrounding land use to the north, south, east and west is Low Density Area. The Low Density Areas land use designation recognizes that a business development should be largely confined to businesses that address the needs of single family residences and agriculture. It should also permit industrial uses that support or depend on agricultural uses. The focus of retail and office should provide convenience goods and services to nearby residents and should be limited in their location, size and hours of operation. The use as auto repair and gasoline sales, should be avoided in these areas. The property is zoned AR-1 (Agricultural Residential District). The properties to the north, east and west are zoned AR-1 (Agricultural Residential District). The properties to the south are zoned MR (Medium-Density Residential District) and AR-1 (Agricultural Residential District). There are parcels further north south and west zoned C-1 (General Commercial District and/or CR-1 (Commercial Residential District). Further to the east are parcels zoned GR (General Residential District). The property has a Conditional Uses (CU 1769 landscaping business). There are no known additional Conditional Uses in the area. Based on the analysis of the land use, surrounding zoning and uses, the Conditional Use for a professional office for accounting, tax preparation and bookkeeping services could be considered consistent with the land use, area zoning and uses.

Sussex County

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PIN:HOWARD WESTONDEVELOPMENT

Introduced 11/13/18

Council District No. 3 – Burton Tax I.D. No. 334-4.00-80.00 911 Address: 29065 Lewes-Georgetown Highway (Route 9)

ORDINANCE NO. ___

AN ORDINANCE TO GRANT A CONDITIONAL USE OF LAND IN AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT FOR A PROFESSIONAL OFFICE FOR ACCOUNTING, TAX PREPARATION, AND BOOKKEEPING SERVICES TO BE LOCATED ON A CERTAIN PARCEL OF LAND LYING AND BEING IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, CONTAINING 0.9468 ACRE, MORE OR LESS

WHEREAS, on the 30th day of October 2018, a conditional use application,

denominated Conditional Use No. 2161, was filed on behalf of Howard Weston Development

Company, LLC; and

WHEREAS, on the ____ day of _____________ 2019, a public hearing was held, after

notice, before the Planning and Zoning Commission of Sussex County and said Planning and

Zoning Commission recommended that Conditional Use No. 2161 be ____________; and

WHEREAS, on the ____ day of ______________ 2019, a public hearing was held, after

notice, before the County Council of Sussex County and the County Council of Sussex County

determined, based on the findings of facts, that said conditional use is in accordance with the

Comprehensive Development Plan and promotes the health, safety, morals, convenience, order,

prosperity and welfare of the present and future inhabitants of Sussex County, and that the

conditional use is for the general convenience and welfare of the inhabitants of Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Article IV, Subsection 115-22, Code of Sussex County, be

amended by adding the designation of Conditional Use No. 2161 as it applies to the property

hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in Lewes

and Rehoboth Hundred, Sussex County, Delaware, and lying on the north side of Lewes-

Georgetown Highway (Route 9), approximately 0.38 mile west of Sweetbriar Road, and being

more particularly described in the attached legal description prepared by Morris James

Wilson Halbrook & Bayard, LLP, said parcel containing 0.9468 acre, more or less.

This Ordinance shall take effect immediately upon its adoption by majority vote of all

members of the County Council of Sussex County, Delaware.

PROPOSED

JANELLE M. CORNWELL, AICP Sussex County PLANNING & ZONING DIRECTOR DELAWARE (302) 855-7878 T sussexcountyde.gov (302) 854-5079 F janelle.cornwell@sussexcountyde.gov

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE

Memorandum To: Sussex County Council Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Everett Moore, County Attorney Date: March 14, 2019 RE: County Council Report for CZ 1872 T.S. Smith & Sons, Inc. The Planning and Zoning Department received an application (CZ 1872 T.S. Smith & Sons, Inc.) to allow for a Change of Zone for parcel 131-10.00-89.00 to allow for change from AR-1 (Agricultural Residential District) to C-3 (Heavy Commercial District) to be located at 8899 Redden Rd. The Planning and Zoning Commission held a public hearing on February 28, 2019. The following are the draft minutes for the Change of Zone from the Planning and Zoning Commission meeting. Ms. Cornwell advised the Commission that submitted into the record were a staff analysis, comments from Sussex Conservation District Utility Planning Division, the results from DelDOT Service Level Evaluation request confirming that a Traffic Impact Study (“TIS”) was not required, and comments from the Sussex County Engineering Department Utility Planning Division. One letter was received in opposition with concerns about the clean hands’ Ordinance as they believe there is some signage on the property that is not in compliance with the Code was enter into the record. The Commission found that Mr. John Roach, Engineer with John B. Roach Engineering and Mr. Charlie Smith, co-owner of T.S. Smith & Sons were present on behalf of the application; that Mr. Smith stated the property has been in the family since 1907; that there are other farms in the area; that that it was a hard decision to make to save the rest of the farm and place this parcel up for sale; that the rest of the farm has been placed in Agricultural Preservation; that a church is interested in 10-acres of the site and the Sussex County Emergency Services is interested in possibly placing a satellite station; that he would like to change the zoning of this parcel so it would be similar to the other zoning in the area; that to the north of the site is Messick and Grey which is a machine shop with a retail outlet; that on Main street and western border of the property is Zoned C-1 (General Commercial District) which includes McDowell’s towing, a vacant commercial site, and Weller’s Utility Trailers; that the site across the highway is Zoned C-1 (General Commercial District) and that is where their farm market is located; and that the field to the south of this site is used for agricultural use. The Commission found that no one wished to speak in favor of or in opposition to the application. At the conclusion of the public hearings, the Commission discussed this application.

County Council Report for CZ 1872 T.S. Smith & Sons, Inc. P a g e | 2

Motion by Mr. Hopkins, seconded by Ms. Wingate and carried unanimously to defer action for further consideration. Motion carried 5-0. At their meeting on March 14, 2019, the Planning Commission discussed the application that was deferred from the February 28, 2019 meeting. Mr. Keller moved that the Commission recommend approval of Change in Zone # 1872 for T.S. SMITH & SONS, INC. for a change in zone from AR-1 to C-3 “Heavy Commercial” based upon the record made during the public hearing and for the following reasons:

1. C-3 Heavy Commercial Zoning is designed to allow auto-oriented retail and service businesses that serve local and regional residents. Permitted Uses include retail uses, restaurants, offices and vehicle service stations.

2. The site is surrounded on 3 sides by C-1 General Commercial Zoning. It also has more than 1,200 feet of frontage on Route 13. This location is appropriate for this type of zoning.

3. Besides the frontage along Route 13, the site also has extensive frontage along Redden Road, North Main Street and Fawn Road. Any permitted development of this site will have multiple points of access, which will mitigate any traffic generated by future uses of the site.

4. This location is adjacent to the town limits of Bridgeville, which is an appropriate location for C-3 zoning.

5. The site is in the Town Center Area according to the current Sussex County Land Use Plan. This type of commercial use is appropriate in this Area according to the Plan.

6. This rezoning will not adversely impact neighboring properties, area roadways or nearby public facilities.

7. The proposed rezoning meets the general purpose of the Zoning Code by promoting the orderly growth, convenience, order prosperity and welfare of the County.

8. No parties appeared in opposition to the Application. 9. Any future use of the property will be subject to Site Plan review by the Sussex County

Planning and Zoning Commission. Motion by Mr. Hopkins, seconded by Ms. Stevenson and carried unanimously to approved the Change of Zone for the reasons and conditions stated in the motion. Motion carried 4-0. S. Wingate was absent.

COUNTY ADMINISTRATIVE OFFICES 2 THE CIRCLE I PO BOX 417 GEORGETOWN, DELAWARE 19947

Memorandum To: Sussex County Planning Commission Members From: Janelle Cornwell, AICP, Planning & Zoning Director CC: Vince Robertson, Assistant County Attorney and applicant Date: February 21, 2019 RE: Staff Analysis for CZ 1872 T.S. Smith & Sons, Inc. This memo is to provide background and analysis for the Planning Commission to consider as a part of application CZ 1872 T.S. Smith & Sons, Inc. to be reviewed during the February 28, 2019 Planning Commission Meeting. This analysis should be included in the record of this application and is subject to comments and information that may be presented during the public hearing. The request is for a Change of Zone for parcel 131-10.00-89.00 to allow for change from AR-1 (Agricultural Residential District) to C-3 (Heavy Commercial District) to be located at 8899 Redden Rd. The size of the properties is 25.6694 ac. +/-. The 2008 Sussex County Comprehensive Plan Update (Comprehensive Plan) provides a framework of how land is to be developed. As part of the Comprehensive Plan a Future Land Use Map is included to help determine how land should be zoned to ensure responsible development. The Future Land Use map indicates that the properties have the land use designation Town Center. The surrounding land use to the north, south, east and west is Town Center. Some of the land to the west is located within the Town of Bridgeville. The Town Center land use designation recognizes that a range of housing types are appropriate including single family, townhouse and multi-family. It also recognizes that commercial uses should serve the daily needs of residents, worker and visitors and retail and office uses compatible with adjacent uses are appropriate; however, large intense shopping centers should be encouraged in the Highway Commercial land use designation. Smaller low impact industrial uses may be appropriate within the land use classification. The property is zoned AR-1 (Agricultural Residential District). The properties to the north, south, east and west are zoned C-1 (General Commercial District). Some of the parcels to the south are located within the Town of Bridgeville. There is a Conditional Uses for a portion of the property (CU 1762 retail farmers market with petting zoo). Based on the analysis of the land use, surrounding zoning and uses, the Change of Zone from AR-1 (Agricultural Residential District) to C-3 (Heavy Commercial District) could be considered consistent with the land use, area zoning and uses.

Sussex County

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Vacation, Retire, Resident - VRP

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Commercial Residential - CR-1

Marine - M

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Heavy Industrial - HI-1

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0 0.2 0.40.1 mi

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1:9,028

PO BOX 2750

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PIN:SMITH T S & SONSINC

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FXN/RT 40 S/RT 600

131-10.00-89.00Owner Name

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PIN:SMITH T S & SONSINC

Introduced 10/23/18

Council District No. 1 - Vincent Tax I.D. No. 131-10.00-89.00 911 Address: 8899 Redden Road, Bridgeville

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING MAP OF SUSSEX COUNTY FROM AN AR-1 AGRICULTURAL RESIDENTIAL DISTRICT TO A C-3 HEAVY COMMERCIAL DISTRICT FOR A CERTAIN PARCEL OF LAND LYING AND BEING IN NORTHWEST FORK HUNDRED, SUSSEX COUNTY, CONTAINING 25.6694 ACRES, MORE OR LESS

WHEREAS, on the 28th day of September 2018, a zoning application, denominated

Change of Zone No. 1872, was filed on behalf of T.S. Smith and Sons, Inc.; and

WHEREAS, on the ______ day of ______________ 2019, a public hearing was held,

after notice, before the Planning and Zoning Commission of Sussex County and said

Planning and Zoning Commission recommended that Change of Zone No. 1872 be

____________; and

WHEREAS, on the ______ day of ______________ 2019, a public hearing was held,

after notice, before the County Council of Sussex County and the County Council of Sussex

County has determined, based on the findings of facts, that said change of zone is in

accordance with the Comprehensive Development Plan and promotes the health, safety,

morals, convenience, order, prosperity and welfare of the present and future inhabitants of

Sussex County.

NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS:

Section 1. That Chapter 115, Article II, Subsection 115-7, Code of Sussex

County, be amended by deleting from the Comprehensive Zoning Map of Sussex County

the zoning classification of [AR-1 Agricultural Residential District] and adding in lieu

thereof the designation of C-3 Heavy Commercial District as it applies to the property

hereinafter described.

Section 2. The subject property is described as follows:

ALL that certain tract, piece or parcel of land lying and being situate in

Northwest Fork Hundred, Sussex County, Delaware, and lying on the west side of Sussex

Highway (Route 13), south side of Fawn Road, east side of Main Street, and north side of

Redden Road, and being more particularly described in the attached legal description, said

parcel containing 25.6694 acres, more or less.

This Ordinance shall take effect immediately upon its adoption by majority vote of

all members of the County Council of Sussex County, Delaware.

PROPOSED