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Sussex hits roadblock on comp plan

Council: Traffic essential issue in land-use decisions
November 16, 2018

Sussex County Council is insisting on the right to deny zoning changes that would bring increased traffic and failing intersections to local roads. But county legal staff say if those criteria remain in the draft of the 2018 comprehensive plan, certification by the governor's office could be in jeopardy.

At issue is one paragraph in nearly 300 pages of the proposed plan. 

Delaware State Housing Authority officials say the draft plan is prohibitive to medium- and high-density residential development in areas where there is an acute need for affordable and workforce housing. “The only criteria for medium and high-density should be its location near central water/sewer and proximity to job centers,” the comment stated.

According to the authority, high-density zoned land is an incentive to developers seeking to construct affordable housing.

During council's Nov. 13 meeting, County Administrator Todd Lawson said according to the authority, criteria in the draft plan are detrimental to developing affordable housing.

The county's draft plan has five key criteria the county must consider when an upzoning is requested. Criteria include, but are not limited to, areas with central water and sewer systems, adjacent to land with similar zoning, near a commercial center, located along a major road or near a major intersection with adequate roads,  and presents no major negative impact on the level of service of nearby roads.

Councilman I.G. Burton, R-Lewes, said these criteria provide reasons to encourage, not discourage, affordable housing.

Assistant county attorney Vince Robertson and Sussex County Planning and Zoning Director Janelle Cornwell said they met with housing authority officials to explain council's position and submitted an amended response.

It states: “Medium and high-density could be supported in areas where there is central water and sewer service near sufficient commercial uses and employment centers in keeping with the character of the area where it is along a major road or near a major intersection or where other conditions exist that are relevant to the requested project and density. A clustering option permitting smaller lots and additional flexibility in dimensional standards is encouraged on tracts of minimum size provided significant open space is preserved and the development is connected to central sewer and water service.”

However, Robertson said, the housing authority will not support criteria that include level of service of roadways.

That drew an impassioned response from Councilman George Cole, R-Ocean View, who said traffic is always the No. 1 issue in every application. “And it's not even listed?” he asked. “We would be dropping the ball by not including traffic. It's the most critical of all the criteria.”

Robertson said Delaware State Housing Authority officials made the matter a central certification issue, which must be addressed by council. “If you leave in level of service, they might not certify the plan,” he said.

Council voted 3-1 to keep level of service in the criteria. Councilman Sam Wilson, R-Georgetown, did not vote and Council President Mike Vincent, R-Seaford, voted against the motion.

Robertson said another response will be written and presented to council during its Nov. 27 meeting for a possible vote.

Council could not vote to adopt the plan as scheduled because county responses to state agency comments on the draft plan are required.

 

Burton wants New Road to be low-density zone

In the draft of the 2018 Sussex County comprehensive plan future land-use map, the unincorporated area along New Road from Nassau to near Lewes is designated a developing area.

At the urging of Burton, council will reconsider that designation and possibly change it to a low-density designation at the Nov. 27 meeting.

“The north side of New Road should be AR-1. We should work as hard as we can to preserve it and take it out of the developing district,” Burton said.

Most land east of Route 1 from the Red Mill Pond area to the Route 30 interchange near Milford will be designated low density. Cornwell said appropriate zonings in low-density areas include AR-1, B-2, C-2 and institutional such as schools and government buildings. B-2 and C-2 are the most restrictive commercial zones in county code.

 

 

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