Small Town News

CVS pharmacy proposed for Villages of Five Points parcel

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County engineers say no sewer capacity available

Although the board of directors has given its blessing to a re-zoning and proposed pharmacy at the entrance to the Villages of Five Points, county engineers say sewer capacity is not sufficient.

The board of directors of the Villages of Five Points Homeowners Association is behind the application that would make way for a CVS pharmacy off Savannah Road in Lewes.

But residents who spoke against the rezoning during a planning and zoning commission public hearing March 11, said the board was not representing all residents.

Among others who spoke, residents Anthony Pasek and Jennifer Short said the board did not speak for them.

A letter of opposition from the county engineering department based on lack of sewer capacity was added to the public record the day of the hearing.

"I'm a bit confused why the county engineers are opposed to the rezoning," said Ken Christen-bury, an engineer with Axiom Engineering in Georgetown working on behalf of the developer, adding that he needed more time to respond to comments in the letter.

He said the proposed use of the parcel as a fire hall or police station would require as much or more capacity as a pharmacy.

The Villages of Five Points, which is approaching build out, has no sewer capacity for expansion, according to the county engineering department. The proposed rezoning is located on lands not previously identified for commercial use, according to an engineering report.

Developer Olde Towne Point LLC is seeking a rezoning change from AR-1, agricultural-residential, to B-1 neighborhood business district for a 4-acre parcel that was not included with the original approval in 1999 for the Villages of Five Points project. Approximately 2 acres would be set aside for the pharmacy and the remaining 2 acres could be used for retail shops or stores.

If approved, there would be four pharmacies in close proximity to Savannah Road. Three of the four would be in the area of the Villages of Five Points, including Cape Pharmacy, already located within the development.

The rezoning is contingent on first amending one condition of the original ordinance for the project

The 4 acres proposed for the pharmacy and outparcel was set aside by the developer for community use. John Sergovic, attorney for the developer, and Robin Davis, representing Hudson Management, said several attempts were made to find a suitable tenant for the parcel without success.

Under the condition passed by county officials, the land was to be used for a fire, paramedic or police station, post office, museum or by some other nonprofit organization.

"Despite good intentions, the 4 acres is not desirable for these uses," Sergovic said. "The county had a vision how this land could be used, but it's been fallow for eight or nine years. It's not feasible."

The land was not being offered as a gift but was for sale, Davis said.

For the first four years, during the construction phase of the project, no contacts were made because there was nothing to offer, Sergovic said.

Commissioner Mike Johnson said the developer should document efforts to attract nonprofit users of the property. "I want documentation that adequate effort was made; there is not adequate documentation in the public record. I would like justification"

Johnson said the commission was being asked to make a major decision with potentially significant effects on residents, and he first wanted to make sure every effort had been made to fulfill the requirements of the conditions placed on the developer.

Sol Peltz, a resident of the Villages of Five Points, said CVS is more than just a pharmacy. "We are going to have a real traffic issue here," he said.

The developer received relief from the Delaware Department of Transportation (DelDOT) from conducting another traffic impact study since a study was performed for the original project.

Pasek said traffic patterns and volume have changed over the past 10 years. "DelDOT needs to conduct a study for accurate conditions," he said.

Pasek also said no more commercial space was needed. Of the 28 commercial locations within the Villages, 16 are occupied, he said.

Joel Vanini, another Villages resident, said she tries to support the small businesses in the development.

"This project does not engender what the Villages of Five Points is supposed to be - a community," she said.

Assistant county attorney Vince Robertson reminded the commissioners and public the hearing was not about the location of a pharmacy, but about a rezoning request.

"As far as the county is concerned, there are 25 different uses, and they could do any one of those," he said. "If s not limited to a CVS."

Commissioners deferred on the request, leaving the record open for 10 days for receipt of a list of contacts made to purchase the parcel and a response from the applicant on the county engineering department's comments on lack of sewer capacity.

A hearing before county council is scheduled for 1:30 p.m., Tuesday, March 23.





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