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Fishers Cove subdivision
APPLICATION STATUS –
On March 2, 2022, the Mayor and City Council of the City of Lewes voted unanimously to approve a Settlement Agreement and General Release with developer Burke and Rutecki, LLC related to the property known as “Fishers Cove” adjacent to Rodney Avenue in the City of Lewes.
Mayor Ted Becker, speaking on behalf of City Council, explained that “the agreement secures the best possible outcome for the City. While there was strong community sentiment that the area remains undeveloped, City Council recognized that the owners have the right to develop the property. Although City Council would have preferred a more modest development, both City Council and the developer worked diligently to resolve this matter in a way that ensures the residents in the new development and those living in the surrounding communities, including Rodney Avenue, will continue to enjoy the quality of life that is emblematic of the City of Lewes.”
Developer Burke and Rutecki, LLC submitted a major subdivision application to the City which was denied preliminary consent pursuant to City Code of Ordinances § 170-19 on October 14, 2021 due to the Mayor and City Council’s concerns about flooding and stormwater management as raised by neighbors of Fishers Cove. This led to Burke and Rutecki, LLC bringing three separate actions challenging the Mayor and City Council’s decision.
The developer and the City continued to work together to address the City’s concerns. The result of these discussions is an outcome that is not only compliant with the City Code of Ordinances and allows Burke and Rutecki, LLC to develop Fishers Cove, but also secures significant benefits for the Lewes community. The agreement provides for the reduction of one lot that will be acquired by the City as additional open area to enhance permeability. A landscape buffer will be planted at the beginning of construction. Additionally, the agreement provides funding for an account to be managed by the homeowners’ association that assures that the stormwater management system will be professionally managed in perpetuity. The City will receive annual stormwater inspection reports from the homeowners’ association. The agreement provides that Rodney Avenue will not be modified, addressing concerns from residents about the impact that modifying the road would have on their properties.
City Solicitor Glenn C. Mandalas of Baird Mandalas Brockstedt LLC, and outside counsel Max B. Walton and Alan R. Silverstein of Connolly Gallagher LLP and Scott G. Wilcox of Moore & Rutt, P.A. represented the City of Lewes in this dispute.
Final Plans
- Recorded Record Plan
- Approved Construction Plans
- City of Lewes Review Letter 11-3-22
- Office of Drinking Water Approval Letter
- Development Agreement
- Development Agreement letter 3-2-23
Preliminary Consent Report and Remand
- Letter describing remand to Lewes Planning Commission from the Mayor and City Council (4/2020)
- Report material from Lewes Planning Commission submitted to City Council (1/2020)
- SCD Review Letter - Oct. 2020
- Applicant's Update Letter (12/9/20)
- SCD Approval Letter - April 2021
- Applicant's Response to Remand - May 2021
- Staff Review Letter & Response
- Applicant's Engineer Report - June 10, 2021
- Revised Plan May 14, 2021
- Stormwater Management Plans - Approved May 24, 2021
- Revised Plan - June 4, 2021
- Revised Landscape Plan - June 7, 2021
- Applicant's Presentation for June 16, 2021 LPC Meeting
- AECOM Flood Model for Fishers Cove- April 2021
- City Engineer/BPW Report - June 11, 2021
- Applicant's submittal - June 3, 2021
- Letter regarding ROW Reduction - July 2, 2021
- Revised Plan - Tyler Cir. ROW - July 2, 2021
- Applicant's Presentation for July 13, 2021
- Concerned Citizens Presentation for July 13, 2021
- Concerned Citizens Attorney Presentation for July 13, 2021
- Applicant's submittal for public comment July 30, 2021
- Planning Commission Questions and Responses re: Fishers Cove Remand - Aug. 23, 2021
- Planning Commission notice of decision letter for Preliminary Consent - Sept. 1, 2021
- Applicant's comments for Oct. 14, 2021 meeting
- Concerned Citizens comments for Oct. 14, 2021 meeting
Applicant’s written responses (February 2020) to Lewes Planning Commission decision
Applicant’s written responses (December 2019) to Lewes Planning Commission decision
Preliminary Consent Review (March 29, 2019 Submittal)
- Concept Plan (3/2019)
- Applicant Engineer’s Report (3/2019)
- Applicant’s Proposed Findings for Preliminary Consent (6/26)
- Applicant’s Proposed Conditions (6/26)
- Applicant’s PowerPoint (6/27)
- Applicant’s Updated Concept Plat Plan (8/21)
- Applicant’s Engineer (Jeffrey M. Bross) Bio
- Applicant’s Engineer Letter (Factors) 8/30
- Applicant’s Supplemental Letter 8/30
- Exhibit A of Supplemental Letter
- Exhibit B of Supplemental Letter
- Exhibit D of Supplemental Letter
Reports/Reviews
- Parks and Recreation Commission Report
- City Engineer Report
- City Planning Report
- DRAFT – Preliminary Consent considerations – proposed list of conditions/recommendations
Preliminary Consent (December 2018 Submittal)
Fishers Cove concept plans were submitted for preliminary consent in October 2018. Plan revisions were submitted for preliminary consent review in December 2018, as follows (click to view)
- Existing Conditions Plan
- Concept Plan
- Aerial Exhibit
- Environmental Constraints Plan
- Concept Grading Plan
- Applicant Engineers Report
- Wetlands Survey Plan
- Wetlands Report
- Parks and Recreation Commission Report
- City & BPW Engineer’s Report
- City Planning Report
- BPW Ability to Serve Letter
Burke & Rutecki, LLC – Minor Subdivision Plan
- Letter from Applicant Attorney regarding minor subdivision (January 23, 2020)
- Minor Subdivision Plan (March 2019)
- City Planner Review
- City staff review – potential ROW evaluation (2/19/2020)
Public Comments
- comments through January 27 (minor subdivision)
- Fishers Cove Concerned Citizens-Rodney Av. Committee letter to Planning Commission (2/19/2020)
- comment through February 28 (minor subdivision)
- DRAFT LPC minutes – February Meeting
- Comments Submitted As Of February 6, 2018
- Comments Submitted on February 7, 2019
- Concerned Citizens’ Fishers Cove Presentation – Feb. 2019
- Comments Submitted on April 19
- Comments between February and May 2019
- Comments between May and June 2019
- Comment on June 16
- Comment on July 23
- Comments – August 2019
- Comments Submitted On May 15 (Minor Subdivision)
- Fishers Cove Concerned Citizens Presentation (2/7/19)
- Fishers Cove Concerned Citizens Independent Engineer Report (8-21)
- John Kiker Comments LPC Fishers Cove Public Hearing 8-21-19
- John Kiker PowerPoint LPC FC Public Hearing 8-21-19
- Barbee Kiker Comments LPC Public Hearing 8-21-19
- Barbee Kiker PowerPoint LPC FC Public Hearing 8-21-19
- Concerned Citizens of Rodney Hoornkill Friends FC PH 8-21-19
- Meghan Malinowski Comments LPC Public Hearing 8-21-19(1 of 2)
- Meghan Malinowski Comments LPC Public Hearing 8-21-19(2 of 2)
- Collective Comments 8/21 to 8/26
- Collective Comments 8/26 to 8/27
- Collective Comments 8/27 to 8/29
- Concerned Citizens Supplemental Letter 8/29
- Comment on 8/30
- Collective Comments 8/28 to 8/31
Comments following January 2020 Council decision permitting additional comments until February 28, 2020.
- through Week of January 17
- through February 8
- through February 18
- through February 28 (major)
- Fishers Cove Rodney Residents petition
- Fishers Cove – City-wide petition
- Concerned Citizens’ Opposition to the Fishers Cove Subdivision (2/28/20)
- received by 2/28
Comments regarding Remand