Sussex County Council approves rezoning of roughly 10 acres on Route 113 to C-2 medium commercial

Sussex County Council voted to adopt an ordinance amending the county comprehensive zoning map to reclassify roughly a 9.99-acre portion of parcels on the west side of DuPont Boulevard (Route 113) from AR-1 agricultural-residential to C-2 medium commercial.

The change of zone application covers a 9.9-acre portion of a parcel described in the short title as containing about 11 acres more or less in Dagsboro Hundred, with 911 addresses 26062 and 26072 DuPont Boulevard, Georgetown. The council adopted the planning and zoning commission's recommendation after a staff presentation and one public speaker in favor; no speakers opposed the application either in chambers or on the telephone.

Staff and the applicant's counsel told the council the site meets the zoning code’s height, area and bulk requirements for C-2, including the county minimum lot-size/layout expectations and adequate frontage on Route 113. Counsel said the property appears outside mapped floodplains (FEMA Zone X) and that soils are suitable for wastewater treatment. The county’s service-level evaluation and DelDOT’s response were submitted into the record; DelDOT replied that a traffic-impact study is not required at this stage and that traffic review will be addressed during site-plan review once a specific use is proposed.

Applicant counsel summarized land-use context along the Route 113 corridor, noting existing and prior commercial rezonings in the area and a 2020 ordinance that assigned C-2 to nearby property. Counsel also pointed to the Delaware State Strategies map, which currently shows the site in a “level 4” area where infrastructure improvements are expected to be provided by the property owner or developer. Counsel asked the council to adopt the planning commission’s unanimous recommendation, saying, “my client request the council adopt the planning commission’s unanimous recommendation.”

One person, identified at the hearing as Timmons, spoke in favor and said he had no objection to the change. The planning and zoning commission held a public hearing on Feb. 19 and, at its March 5 meeting, recommended approval for the ten reasons set out in the commission motion. The record introduced at the council hearing included the applicant’s exhibit booklet, the staff analysis, DelDOT’s service-level evaluation response letter, and the planning commission minutes and motion.

Council moved to close the public hearing and adopt the ordinance. Council member Riley said he supported the planning commission’s recommendation, stating, “I agree with planning and zoning.” The motion for adoption was moved by Council member Riley and seconded by Council member McCarran. Council members recorded affirmative votes (Riley, McCarran, Lloyd and Cornabaugh), and the president announced the motion carried.

Because the rezoning does not specify a particular use, DelDOT and county staff said the next step is site-plan review, when traffic, stormwater and any required infrastructure improvements will be evaluated and conditions may be imposed. The council did not record any opposition testimony at the hearing and did not keep the record open.

The ordinance amends the comprehensive zoning map for the parcels described in the hearing materials from AR-1 to C-2; the short title and the applicant materials were entered into the record at the hearing.