Cape Gazette
http://capegazette.villagesoup.com/p/1075563

Sussex obligated to deny RV park rezoning

By D. M. Torma | Nov 01, 2013

I am writing regarding my opposition to the proposed plans for the Love Creek RV Resort and Campground requiring rezoning conditional use approvals to allow for an RV resort and campground to be located south of Ward Road near Cedar Grove Road in Sussex County. Growth shall be appropriate and the surrounding development must be considered. This proposed park is inconsistent with the surrounding area which is populated with residential homes.

I am in agreement with the legal points that support denial mentioned in a recent Letter to the Editor submitted by Paul Hammesfahr. First, based on law, one’s ability to request a campground the Conditional Use for a parcel of land only arises if the correct zoning is in place. This is not the case for the 74 acres of the proposed Love Creek RV Resort and Campground.

Second, Mr. Hammesfahr points out the Delaware courts have ruled the intended use of an applicant’s property is an important and required consideration when rezoning is requested.

The Sussex County Comprehensive Plan identifies that a significant portion of this property is located in an area slated for mixed residential use with an environmentally sensitive developing overlay. Rezoning of this property is in direct conflict with the Future Land Use Map of the Comprehensive Plan; specifically, there is no exception for downzonings to a less intense designation for the purpose of trying to obtain a Conditional Use.

Third, the designation of an Environmentally Sensitive Developing Area as a growth area requires consideration of the implications by council members. Intended use does matter. Allowing any type of growth undermines the integrity of the entire zoning process and regulations. Finally, the plan states that if the rezoning decision does not correspond with the Sussex County Comprehensive Plan, then it must be denied.

Therefore, it is the legal obligation of the Sussex County Council members as elected officials to deny this application.

D. M. Torma
Lewes

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