SUSSEX COUNTY, Del.- After nearly eight hours of testimony, the Sussex County Council deferred a vote on the Overbrook Town Center.
The re-zoning application was once again in front of the council after a court ruled that some of the past votes were questionable. The council originally voted 4-1 against the project.
"The purpose of why we are here is the council to make a decision based on established legal principals," said Overbrook Town Center developer TD Rehoboth LLC's attorney Jim Fuqua. "Based on substantial record, on legal standard and [a] decision that is not arbitrary and capricious."
During Tuesday's public hearing, Fuqua said the Overbrook Town Center bring hundreds of construction and retail jobs. He said it would generate millions of dollars of revenue from tourists who come to shop and serve the local community as well.
"The county has grown significantly since 1970," he said. "So the question for the council is do you plan for those needs and demands resulting from that growth or do you not plan for it?"
Those against the project say the shopping center would be out of character for the area and could potentially harm wildlife in the nearby marsh. The potential safety impacts were another concern for opponents as well.
"We have heard nothing from the applicants about any assurances from the Delaware State Police, the Milton or Lewes fire departments, the Sussex County emergency medical departments that they can adequately serve a 114 acre highly commercial site," Overbrook Town Center Coalition Attorney Robert Witsil said.
During Tuesday's public hearing, Fuqua presented new, revised site plans that reduced the shopping center size by 63 percent and would create 135 single family homes. Fuqua says the developers would also significantly contribute to roadway improvements at the proposed site.
After the public hearing, the council closed the public record. As part of the court order, once the record is closed the application must be voted on within 30 days. A vote has not been scheduled yet.
