Lewes planners recommend approval of Ice House rezoning

The Lewes Planning Commission voted 5-3 May 18 to recommend approval of a request to rezone the 2.1-acre Lewes Ice House property on New Road. Applicant Joe Johnson is seeking to change the property from industrial to R-4, medium-density residential, to build a 24-unit duplex community.

Council chambers in city hall were full as the commission debated the request. No public comment was permitted, though a public hearing will be held before mayor and city council vote on the request.

Rick Quill, a partner in the project, passionately defended the plan before the commission's vote. Quill says the city's 2005 and 2015 comprehensive plans call for diverse housing and more affordable options. He encouraged the audience, filled mostly with those in opposition, to cross check his comments with the comp plan.

“I didn't cherry pick anything in this comp plan,” he said. “I didn't take it out of context.”

Voting in favor of rezoning were Chair Mike Mahaffie, Barbara Vaughan, Richard Kirschner, Joe Hoechner and James Linnen. Against were Tom Pannetta, Jody Ware and Nina Cannata.

Density is the sticking point for some commissioners. Those against the request say the density is too much and does not fit with the surrounding community, which is zoned R-2, low-density residential.

The duplexes would be built on 6,000-square-foot lots, breaking down to 3,000 square feet per unit. If the property were zoned R-2, the minimum lot size would be 10,000 square feet.

“It seems putting a medium-density development in the middle of R-2 zoning is a little incongruous with the area,” said Pannetta.

Ware agreed, saying an R-4 development would be out of scale with what's around it. She said the traffic generated from the property is also a concern.

Quill says the city has an ample supply of R-2 zoning and almost no R-4. As the owner of a bed and breakfast on the beach, he said, he meets people every summer who would love to live in Lewes but cannot afford to do so.

“There's not a lot of inventory in the market,” he said. “We're not the big boogey man coming in to blow up the town.”

When the planning commission first discussed the rezoning request in April, Quill said the plan is not to build to the maximum capacity of R-4. He said the goal is to provide an alternative for people looking to live in Lewes. He estimates the price tag per unit will be well under the average price of a Lewes home.

Pannetta's concern was not with the project Johnson and Quill have proposed; he said he's concerned for the future of the property.

“I know [the applicant] has the best of intentions, but if market conditions change and nothing happens and this property sits there, the next person who comes along has the right to develop it as R-4,” he said. “We all need to be aware of that.”

Pannetta made a motion saying R-4 was out of character with the area and not supported by city code. He also added that council should consider R-2 as an alternative. However, the motion failed by a 5-3 vote.

Vaughan said allowing the rezoning provides an opportunity for the city. She said the proposed project is misrepresented as affordable housing, and a more appropriate classification would be workforce housing, which is intended for working professionals such as teachers, nurses and emergency personnel.

“We should look to the future because things are changing, and we should be open to new ideas,” she said. “This is one of them.”

Mahaffie said he can see both sides of the issue, but he ultimately sides in favor of rezoning. He said development is more appropriate within a municipality rather than in rural Sussex County.

“Development, if it happens in this part of the state, should happen within a city,” he said. “There's an opportunity here for it to happen in a way that is more affordable, or at least has the potential.”