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May 29, 2015     Cape Gazette
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May 29, 2015

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14 FRIDAY, MAY 29- MONDAY, JUNE 1, 2015 NEWS Cape Gazette Overbrook Continued from page 1 proved, developers plan to open the center by 2020. Estimates show the center would generate more than 29,000 vehicular trips -- in and out of the center - per weekday and nearly 36,000 trips on Saturdays. The average annual daily traffic count along Route 1 in the area is more than 27,000 vehicles, Delaware Department of Transportation traffic statistics show. Different views of land-use plan After review of the develop- er's 2014 traffic impact study, DelDOT did not rule out com- mercial zoning for the parcel, but the agency's report states the proposed development is not consistent with the county's comprehensive plan. The parcel's future land-use designation is for low-density development where commercial development should be confined to businesses such as conve- nience stores, agricultural companies and services to nearby residents, according to DelDOT's summation. Jim Fuqua, the developer's at- tomey, said county officials' only decision is the appropriateness of CR-1 zoning for the parcel and not the proposed site plan. He disagrees with DelDOT's interpretation of the county's comprehensive plan. RON MACARTHUR PHOTO THE DEBATE OVER the proposed Overbrook Town Center shopping will fire up again during a June 2'Sus- sex County Council public hearing. Fuqua said the parcel is located in a growth zone along a major arterial highway. He said the par- cel is included in an area where the state directs, anticipates and plans for growth. In addition, he said, the county's comprehen- sive plan includes the parcel in the Environmentally Sensitive Development District overlay zone, where commercial zoning is permitted. Fuqua testified during the planning and zoning commission hearing that a zoning change to CR-1 for the ll4-acre parcel was appropriate under state law, the county's comprehensive land- use plan, the county's zoning ordinance and based on previous CR-1 zoning applications under county review. Several huffdred people crammed into the county's ad- ministration building April 23 to hear testimony during a four- hour Sussex County Planning and Zoning Commission hearing. The commission deferred on a vote following the hearing. Coalition wants equal playing field Overbrook Town Center Coali- tion member Rich Barrasso said the complexity and potential impact of the commercial center forced the group to dig into their own pockets to hire legal repre- sentation. He said coalition members worked hard to get out infor- mation about the project. "But public sentiment can only go so far," he said. ,'Legal representa- tion puts us on an equal playing field. Our lawyer has the resourc- es and skill to locate experts with credentials." He said he wants county coun- cil to have legal reasons based on facts when they make their decision. He said coalition members and the public will also speak in opposition to the application. "This changes what eastern Sus- sex County looks like. It's a great place to live with a more casual lifestyle and not a suburb like this would create. A change in our lifestyle is not worth the conve- nience of a few big-box stores," he said. The developer estimates at build out, the center would pro- Vide as many as 1,400 full- and part-time jobs. The center would be the largest retail complex in Sussex County, nearly 293,000 more square feet than all three Tanger outlets combined. Employment Law Labor Negotiations Litigation Risk Management Preventative Counseling On-Site Training Learn ihore: Morrislames :-' DELAWARE -Wilmington-Downtown [ Wilmington-West Newark [ Dover [ Georgetown [ RehobothBeach PROPOSED TRAFFIC IMPROVEMENTS DelDOT has identified several intersections in need of improve- ments because they would be affected by the proposed shopping center: Route 1/Cave Neck Road intersection: Interchange over- pass; developer has committed $8 million toward the cost of the project. DelDOT would consider a temporary traffic signal paid for by the developer atthe intersectionwhile con- struction is taking place ' Route l/Minos Conaway Road: While DelDOT officials say an interchange upgrade is necessary, they are not requesting thedeveloper fund improvements at the intersec- tion Route 9/Sweetbriar and Dairy Farm roads: Because a highway safety project is ex- pected to be completed at the intersection this year, DelDOT is requesting that developer funds be used for other ira- provements Cave Neck Road/Sweetbriar Road: DelDOT is requesting the developer fund a left-turn lane on northbound Sweetbriar The temporary signalized intersection at Route 1/Cave Neck Road would have to be configured for left-hand turns, through traffic and right-hand turns with storage lanes aver- aging about 600 feet. When the overpassproject would be completed,tl e temporary sig- nal and associated lanes would be r, emoved at the deve oper's cost Northern access from the site would be via a right-turn lane onto northbound Route 1; - all other access would be via the proposed overpass