Cape Gazette
http://capegazette.villagesoup.com/p/998590

RV city does not comply with Sussex plan

By D. M. Torma | May 13, 2013

I am writing regarding my opposition to the proposed plans for the Love Creek RV Resort and Campground: a rezoning of 140.78 acres with a conditional use to allow for an RV resort and campground to be located south of Ward Road near Cedar Grove Road in Sussex County.

In a letter dated Aug. 20, 2012, to Ring Lardner, project designer representing Jack Lingo Asset Management LLC, the owner/developer of this project from Constance Holland, director, Office of State Planning Coordination, it is clearly stated, “The developers will also need to comply with any federal, state and local regulations regarding this property. We also note that as Sussex County is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the county.”

These comments were made by Attorney Mary Shriver during the Feb. 19 meeting of Sussex County Council. I attended the meeting. Section 6904 of Title 29 of the Delaware State Code makes it clear that rezoning decisions shall be in accordance with the (Sussex County) Comprehensive Plan.

Section 6904 states that the following must be considered: the lessening of congestion in the streets, protection of the tax base, and securing safety from fire, flood and other dangers. Furthermore, Section 6904 states that reasonable consideration must be given to the character of the particular district involved, the conservation of property values and natural resources, and the general and appropriate trend and character of the land, building and population development.

The Sussex County Comprehensive Plan identifies that this property is located in an area slated for mixed residential use and the rezoning of this property is in direct conflict with the Future Land Use Map of the Comprehensive Plan, specifically, rezonings shall be in accordance with the (Sussex County) Comprehensive Plan - there is no exception for downzonings to a less intense designation or for a downsizing for the purpose of trying to obtain a Conditional Use.

As per the Preliminary Land Use Service application, submitted by the developer, he has applied for conditional use of the existing property. In addition, the plan states that if the rezoning decision does not correspond with the (Sussex County) Comprehensive Plan, then it must be denied. The (Sussex) County’s zoning regulations are intended to carry out the Future Land Use Plan and State law requires that all zoning regulations be in accordance with the (Sussex County) Comprehensive Plan.

For the aforementioned reasons, there is no other decision that can be made by the Sussex County Council than to deny this application.

D. M. Torma
Lewes

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