Council adopts rezoning for 1.529‑acre Kings Highway parcel to medium commercial (C‑2)

Sussex County Council voted to adopt Change of Zone 2028, rezoning a 1.529‑acre parcel on Kings Highway (US‑9) from AR‑1 agricultural residential to C‑2 medium commercial. The application was presented by counsel for Comdell LLC and representatives who described the project as a means to preserve and relocate existing commercial tenants in advance of DelDOT’s future Kings Highway improvements.

Attorney (local counsel) and Comdell representatives outlined the parcel’s surroundings — an existing strip center with several businesses (including the business referenced as "Mr. P's" and neighboring restaurants and shops) — and said the rezoning would allow the owner to combine parcels, build in place behind the strip center, and minimize tenant disruption when DelDOT acquires frontage for the road project. The presentation referenced consistency with the county comprehensive plan, the state strategies map review by the Office of State Planning Coordination (which had no objections if code requirements are met), DelDOT comments indicating a minor impact to local roads, and earlier Planning & Zoning findings recommending approval. The applicant asked council not to rely on Planning & Zoning finding #11 (related to a previously proposed connector alignment) because DelDOT subsequently indicated that alignment was not feasible.

Council members raised questions about potential landlocking of the rear parcel, existing easements, and whether a mixed‑use approach could help workforce housing goals. A remote caller representing the Lewis Historic Byway (Gail Van Gilder) urged the applicant to include a bike/pedestrian connection to the nearby Overfall Preserve project and to coordinate landscaping along the scenic byway; the caller asked how the public would engage during future site plan review. County staff and the applicant’s engineers confirmed that a pedestrian connection was part of the Overfall Preserve site plan and that site plan details and any requests from council would be available to the Planning & Zoning Commission during its future review (and that a change of zone cannot be conditioned).

After the public record was closed, counsel moved to adopt the change of zone ordinance; council voted in favor, stating they agreed with Planning & Zoning’s reasoning and the testimony in the record. The motion carried and the rezoning was adopted.