1. THE COMMISSION DOES NOT BELIEVE THAT THE APPLICATION IS CONSISTENT WITH THE CHARACTER OF THE SURROUNDING AREA
2. A CHANGE IN ZONE IS NOT ” BY RIGHT” AND THE COMPREHENSIVE PLAN DOES NOT MANDATE A CHANGE TO CR-1 FOR THIS PROPERTY
3. THIS APPLICATION IS NOT CONSISTENT WITH THE STATED PURPOSE OF THE CR-1 DISTRICT
a. THE LOCATION IS NOT APPROPRIATE FOR A “WIDE VARIETY” OF COMMERCIAL AND MISCELLANEOUS SERVICE ACTIVITIES . IF THIS APPLICATION IS APPROVED THE DEVELOPER COULD LEGALLY DO ANY OF THE 20 PERMITTED USES ALLOWED IN THE DISTRICT (OR FLIP THE PROPERTY).
b. LOCATION DOES NOT SERVE A WIDE AREA AS REFERENCED IN THE PURPOSE OF THE CR-1 DISTRICT.
C. THERE IS NOT CURRENTLY A GENERAL MIXTURE OF SERVICE ACTIVITIES ALONG KINGS HWY OR GILLS NECK RD, ADJACENT TO THIS PROPERTY.
4. ” WHILE THERE ARE SOME REGIONAL OR LARGE SCALE SHOPPING CENTERS OR COMMERCIALLY-ZONED PROPERTIES IN THE ENVIRONMENTALLY SENSITIVE AREA, MOST, IF NOT ALL OF THESE ARE SMALLER THAN WHAT HAS BEEN PROPOSED BY THE APPLICANT, PREDATED THE ESTABLISHMENT OF THE ENVIRONMENTALLY SENSITIVE DEVELOPING AREA OVERLAY, OR ARE AMONG MORE APPROPRIATE MAJOR THOROUGHFARE WHERE A TRUE MIX OF SERVICE AND COMMERCIAL USES ALREADY EXIST AND ARE MORE EASILY ACCESSIBLE…AT 320,000 SQ FT, THIS PROJECT WOULD BE EVEN LARGER THAN THOSE EXISTING COMMERCIAL PROJECTS, AN THEY ARE IN A MUCH MORE APPROPRIATE LOCATION ALONG RT. 1 ON PROPERTY THAT WAS ALREADY ZONED FOR COMMERCIAL USE.
5. THE LEWES CITY COUNCIL AND BOARD OF PUBLIC WORKS BOTH OFFICIALLY EXPRESSED STRONG CONCERNS AND OBJECTIONS TO THE PROJECT AND REQUESTED IT BE DENIED.
6. THE COMMISSION IS NOT SATISFIED THAT THERE IS A NEED FOR REZONING
7. THERE HAS BEEN STRONG PUBLIC OPPOSITION TO THE PROJECT, FOCUSING MAINLY ON THE ADDITIONAL TRAFFIC THAT WOULD BE GENERATED BY IT AND THE CUMULATIVE IMPACT OF THE EXISTING PROJECTS ALONG GILLS NECK RD THAT HAVE BEEN APPROVED OR APPLIED FOR BUT NOT YET COMPLETED. THESE CONCERNS ARE LEGITIMATE AND SELF-EVIDENT GIVEN THE EXISTING TRAFFIC CONDITIONS ALONG KINGS HWY WITHOUT THIS PROJECT. ANOTHER CONCERN EXPRESSED BY THE PUBLIC IS THE PROXIMITY OF THE PROPOSED COMMERCIAL CENTER NEARLY ACROSS THE STREET FROM THE NEW CAPE HENLOPEN HIGH SCHOOL. A NEW PROJECT OF THIS SIZE AND SCALE IS NOT WELL SUITED TO SUCH A LOCATION FOR SAFETY REASONS
FOR THESE REASONS, THE PROPOSED PROJECT IS NOT COMPATIBLE WITH THE EXISTING ROADWAYS IN THE AREA ND DOES NOT PROMOTE SAFE VEHICULAR TRAFFIC ON NEIGHBORING ROADS.
8. “THE PROPOSED PROJECT DOES NOT MEET THE PURPOSE OF THE ZONING ORDINANCE, SINCE IT DOES NOT PROMOTE THE ORDERLY GROWTH OF THE COUNTY. IT WOULD ESTABLISH A LARGE-SCALE REGIONAL, DESTINATION SHOPPING CENTER WHERE NO SIMILAR COMMERCIAL USES OF THE SAME SIZE OR SCALE EXIST. 320,000 SQ FT OF COMMERCIAL SPACE, WITH THE NECESSARY PARKING AND OTHER IMPERVIOUS AREAS, IS NOT A LOGICAL TRANSITION FROM NEIGHBORING AND ADJACENT USES, ESPECIALLY IN THIS ENVIRONMENTALLY SENSITIVE AREA, WHICH ALREADY HAS LIMITATIONS ON SAFE PEDESTRIAN AND VEHICULAR TRAVEL.
5-2 RECOMMENDATION THAT THE LINGO/TOWNSEND REZONING APPLICATION BE DENIED. P&Z COMMISSION MINUTES OF OCTOBER 14, 2009
