New Castle, DE – New Castle County Executive Matt Meyer applauded the August 18 decision of the Delaware Superior Court which rejected Pike Creek Recreational Services’ (PCRS) interpretation of the Unified Development Code (UDC) and long-standing deed restrictions as they relate to the density (number of units) allowed on the former Three Little Bakers’ property.
The developer, PCRS, proposed building more than 200 homes on the property – a property which was formerly operated as an 18-hole golf course by the Three Little Bakers. Although not part of its present proposal, PCRS contended in the lawsuit that the deed restrictions gave it the right to construct up to an additional 454 units on the golf course lands even though the County’s UDC does not permit this level of density.
"We will not stop in our efforts to protect open space across our county," said County Executive Meyer. “All development in New Castle County must follow the law, including critical environmental protections and other protections for the health, safety and welfare of neighbors. We are happy to see the Court’s validation of our view.”
There are several possible future scenarios for the site. Going forward, the developer may still resort to the courts. The developer might also proceed to County Council with its request to lift the deed restriction that limits 130 acres to the development of a golf course. If that occurs, 224 units could be built. If not, approximately 60 units could be built on 47 acres, and this development would need to maintain the 130 acres of open space.
“Councilman Sheldon and I will continue to work with the Pike Creek residents, the County Executive and the Departments of Land Use to promote responsible development in the Pike Creek area,” said Councilwoman Janet Kilpatrick. “We are grateful to the Court for reaffirming that the process for land use development must be followed.”