Developer pushing plan to develop Three Little Bakers golf course

After years of litigation, New Castle County Council is about to decide which development it will allow on the former Three Little Bakers Country Club. 

A developer looking to build 224 residences on the 180-acre golf course in Pike Creek will take a substantial step toward forcing a decision from County Council on Tuesday, presenting its updated plans to the Planning Board. 

Standing in the way of that development are deed restrictions, regulations the county has spent at least $1 million in court fighting to uphold.

Those restrictions are rooted in the first effort to develop Pike Creek in 1960 and state that the property owner must preserve enough space for an 18-hole, 130-acre golf course on the land — which was also known as Pike Creek Golf Course.

In 2014, the Delaware Supreme Court upheld the restrictions. The court established that the owners didn't have to operate a golf course but the land for such a course must remain open. 

The litigation that prompted the ruling was in response to a plan to build 288 homes on the site. With the golf course land protected, officials have argued the property's zoning will only allow 60 residences on the remaining 50 acres. 

The plan to be presented by Onix Tuesday seeks to build 224 residences: 28 single home lots, 76 townhouses, 24 twin lots and 96 apartments while still keeping a footprint for the court mandated golf course.

They've offered to sweeten the pot by endowing a nonprofit with $1 million to keep the open space for local recreation. 

In order to do this, the developer needs County Council to vote to amend the deed restrictions on the property — the same deed restrictions they've paid to defend in court. 

The planning board and Department of Land Use will issue recommendations to County Council on whether the restrictions should be lifted.

If the Land Use Department recommends in favor, the restrictions may be lifted with a simple majority of the 13-member County Council. If they recommend against, a nine-vote super-majority is required.

If council rejects lifting the restrictions, the issue could be litigated further.

The county's lawsuit against the landowner still has legal questions yet to be settled by the judiciary. The lawsuit has stayed for more than a year pending County Council's consideration of the new development plan. 

The planning board meets at 7 p.m. in the Gilliam Building at New Castle County Government's main offices located at 67 Reads Way. 

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.

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