Sussex P&Z delays action on Lewes Crossing buffer
Sussex County Planning and Zoning Commission members said they did not have enough information to make a decision on a requested revision to the Lewes Crossing Phase 8 landscape plan.
They need to ascertain if the proposed removal of 162 trees from the community's buffer would still comply with the county buffer ordinance. At a May 13 meeting, the commission voted to defer any action on the request to a future meeting.
The developer is requesting that the plan be amended to reduce the number of trees along the entire 1,400-foot length of the eastern border of the property adjacent to the Henlopen Landing community from 212 to 50 trees – 35 shade trees and 15 evergreen trees.
There are 13 lots on the Lewes Crossing side of the buffers and 14 lots on the Henlopen Landing side.
Two landscape design companies hired by the developer provided letters stating that an existing tree line of mature trees stands along the border. They agreed it would not be possible to plant the required number of trees because the shade would impact the health and growth of any new plantings. In addition, the root coverage of the existing trees could be damaged with additional plantings. They said there was enough space to plant 50 new trees.
Sixty percent of the Lewes Crossing homeowners approved the revised plan.
Lewes Crossing Phase 8, along Beaver Dam Road near Lewes, with 42 single-family homes on 19 acres, is the last phase of the development on both sides of the road. In all, the subdivision contains 233 lots.
Are neighbors impacted?
“Have we asked the neighboring subdivision if they care about this?” asked Commissioner Kim Hoey Stevenson.
The answer was no.
“What is the hardship?” asked Commission Chairman Bob Wheatley.
“They forgot to put the trees in,” answered Hoey Stevenson.
“The purpose of a buffer is not just for the people in their own development,” Wheatley said. “You have to put something between you and your neighbor. That's why we require buffers. I'm not sure we are asking the right people.”
Wheatley asked with the reduction in buffer size whether the landscape plan would still conform to the buffer ordinance.
Assistant county attorney Vince Robertson said the original plan contained two rows of trees as a buffer. With those removed, he said, the plan may not meet the required number of trees.
“Compliance with the ordinance is the main concern,” Wheatley said.
“I'm worried this could set a precedent,” Hoey Stevenson said.
Robertson said the buffer contains specific numbers and tree sizes and types for a reason. “It's so a developer at the preliminary stage presents the gold standard before the public and then in the back end tries to amend away that standard,” he said.
