Long planned developments break ground in Lincoln

Cypress Creek and Cubbage Pond Estates, both approved in 2005 by Sussex County, have broken ground in Lincoln

In 2005, Joseph Warnell, owner of land on Clendaniel Pond in Lincoln as well as land on the corner of Cubbage Pond and Johnson Road, obtained approval for Cypress Creek Estates, a residential development. In 2021, Sussex County Planning Director Jamie Whitehouse submitted a request to Sussex County Planning and Zoning to review the request as substantial progress had not been made on the development which meant the permit may have expired.

“This was originally approved as a 175 lot subdivision which was later converted to two separate subdivisions, Cypress Creek Estates, which contained 78 lots, and Cubbage Pond Estates, containing 97 lots,” Whitehead said in a memo to the county. “Although they were approved as two subdivisions as revisions to the original subdivision, county records still consider them as part of the original subdivision application.”

The preliminary plan was approved by Planning and Zoning on March 1, 2006, with four separate time extensions approved in 2007, 2015 and two in 2016. The final subdivision plan was approved by the Planning and Zoning Commission in 2007. Because the county code requires that a development be under “substantial” construction within five years of the date of the recording of the final plan, construction needed to begin by November 2012.

“During this time, the owner of the property initiated the process of splitting the subdivisions into two separate,” the memorandum read. “In 2013, Sussex County Council adopted Ordinance 2288 which extended approvals related to subdivisions.”

Location of an approved solar farm in Lincoln

Based on the new ordinance, the developer was able to extend the timeframe to January 2016 with an additional extension given until July 2016. The subdivision was deemed “substantially underway” in July 2016 and an aerial drone inspection was conducted to confirm that information as no additional extensions were requested.

In 2020, Joseph Warnell, owner of the property, passed away after an illness.

“Staff have also received an explanatory letter from the legal representative of the current Administrator of the Estate for the property, which details the former property owner, due to incapacity, was unable to seek any further extensions to the subdivision,” the memorandum read.

In 2023, ground was broken for the Cubbage Pond Estates portion of the development, located at the corner of Johnson and Cubbage Pond Road. Then, several months ago, ground was broken for Cypress Creek Estates began on Clendaniel Pond Road.

In addition to the development on Clendaniel Pond Road, a solar farm is also planned across the road from the new development. That plan was approved by County Council in 2016.