Sussex County Council approved the affordable housing portion of the massive Northstar development along Route 9 May 20, after a councilwoman raised concerns that the broader housing project was beyond the council’s control.

“I want to use this occasion to go on the record with specific concerns that pertain to this development and many others,” said Councilwoman Jane Gruenebaum. “First, the applications upon which we vote today comprise a relatively small part of a large development.”

The county planning & zoning commission in October approved 758 single-family homes on a 420-acre site between Route 9 and Beaver Dam Road, west of Lewes. That left a 94-unit workforce housing project on 7.9 acres and a commercial development on 12.7 acres for council to decide.

At the May 20 meeting, council voted unanimously to amend the county comprehensive zoning map from AR-1, agricultural-residential, to MR, medium-density residential, and granted a conditional use for workforce housing on the Route 9 site. 

A third application to change the zoning of a 12.7-acre parcel along Route 9 from AR-1 to C-3, heavy commercial, will be considered at a future meeting. Plans call for construction of several buildings totaling 96,118 square feet on that site. 

“I appreciate the hard work done by planning & zoning on Northstar, and many, many other applications,” Gruenebaum said. “But I believe that decisions on subdivisions of this magnitude should rest with the elected officials.”

She criticized current law allowing development of up to two houses per acre in AR-1 zones, which cover much of the county. The law dates back to the 1970s.

“Not only does this tie the hands of county officials who might want to restrict development in some areas covered by that zoning designation, it also encourages sprawl and undermines a more diverse housing base,” Gruenebaum said.

“In lieu of an approval of the changes of zoning for the MR higher density, the alternative is more expensive single-family homes that our citizens can’t afford anyway,” Councilman Matt Lloyd said later in voting for the Northstar conditional use.

Gruenebaum said she hopes the land-use reform working group will offer ideas on ways to provide developers with reliability and consistency while also giving the county the appropriate tools to guide development in a way that ensures the safety, health and well-being of residents; supports agricultural business; and promotes a resilient and sustainable coastal community.

She also said she’s concerned that state road improvements to support large housing developments lag behind construction of homes. Gruenebaum said she hopes the working group offers suggestions to address the issue. 

At her recommendation, council amended conditions recommended by the planning & zoning commission for the workforce housing zoning change to require:

• Compliance with a federal, state or county affordable housing program and yearly reporting to demonstrate compliance

• Offsite road improvements mandated by Delaware Department of Transportation must be completed before or simultaneous with the workforce housing project reaching substantial completion, a concept known as concurrency

• Development of recreational and service amenities, including a clubhouse, fitness center, bike storage lockers, playground and play area. The plan by the Northstar developer excluded them from such facilities available to Northstar residents

• The project exceed Sussex County street design standards, and include sidewalks that connect with the multimodal path required by DelDOT

• Construction of workforce housing units be substantially completed and a certificate of occupancy issued before work is authorized to proceed on Phase 2 of the development. The single-family development was linked to the workforce housing project during the county review and approval was expedited along with workforce housing, Gruenebaum noted.

“I think we’re taking a more thoughtful approach to some of these larger developments, and the topic, the concept of concurrency, is obviously increasingly important, as we’ve learned from our experience,” said Council Vice President John Rieley.  

Creating workforce and affordable housing in the county is consistent with the council’s goals and the county comprehensive plan.

“I really think this placement is correct, versus people 30 or 40 minutes away from work centers,” said Councilman Steve McCarron in casting his vote for the conditional use for the workforce housing project.