One hearing left on coastal area cluster ordinance

An amended ordinance requiring the same superior-design standards for all cluster subdivisions in Sussex County is still not a done deal, but it’s a step closer. At its Jan. 21 meeting, the Sussex County Planning and Zoning Commission voted 5-0 to recommend approval.

Under the current ordinance, cluster subdivisions in the coastal area are not required to provide superior-design standards, as required in the rest of the county.

“This provides uniformity throughout all of the Sussex County,” said Commissioner Bruce Mears, who made the motion. “It allows for better design standards. It’s supported by the land-use plan and will not affect density in the coastal area.”

Sussex County Council will have a public hearing on the ordinance at 10:30 a.m., Tuesday, Feb. 2, in the county administration building, 2 The Circle, Georgetown.

Questions about open space

The commission held a public hearing on the ordinance at its Jan. 7 meeting. Much of the commissioners' discussion centered around the idea of forming a working group of stakeholders to review the ordinance.

Commissioner Kim Hoey Stevenson was first to say she supported formation of a working group. “I'd like to see a committee work on superior design,” she said.

“What needs to be added on superior design?” asked Commissioner Bruce Mears. “It’s already in place in all other AR-1 districts.”

“I'd like to see what other things we could come up with,” Hoey Stevenson replied.

“Is there a way we could make it better so we have a green ribbon of property that goes through so that open spaces line up so there is more for birds and animals? Can we give a little more flexibility and get a better product?” she asked.

“Flexibility to what? The 30 percent open space?” Mears asked. “What flexibility would you be looking for?”

“That's what I'd like to hear from developers. I would like to see that open space is usable open space and not little ribbons of property here and there,” Hoey Stevenson said.

Assistant county attorney Vince Robertson said the ordinance requires that 30 percent of open space in a cluster subdivision must be one contiguous tract of land, not fragmented, and the space must be beneficial to users. The tract can be separated by bodies of water and/or one street.

In addition, Robertson said, if there are existing parklands, farmland and wetlands, the tract must be adjacent to those areas.

“There’s no opposition to the ordinance,” said Commission Chairman Bob Wheatley said. “It needs to advance as it is. We can then drop back and take a look at what it actually says and look at things we think need to be added, and if there is enough of that, we can move forward from there.”

He said the commission could place the ordinance on a future agenda for discussion prior to formation of a working group. “We should determine what needs to be fixed and then get a consensus. A working group is a great idea and a good way to do things, but we need to understand what it is we are fixing,” he said.

“The people of Sussex County want this ordinance because we need parity throughout the county. It’s needed more in the coastal zone than anywhere else, and needed soon,” Mears said.

During public testimony, engineer Jim Erikson said some of the superior-design requirements, especially contiguous open space, can take away creativeness from subdivision design. “Open space forced in certain amounts and certain areas can create problems to provide amenities,” he said.

He said by encouraging tight grouping of building lots, the option of spreading out open space around and between building lots is removed.

Yield plan provision removed

The reintroduced ordinance did not include the controversial yield plan provision. As a result, the Jan. 7 public hearing was much different from the original hearing held Dec. 8, during which numerous developers and engineers spoke in opposition to the amended ordinance because of the yield plan. They did not speak at the Jan. 7 hearing.

Applicants would have been required to submit a yield plan showing the maximum number of dwelling units possible under a standard subdivision with 20,000-square-foot lots. The number of lots in the cluster subdivision design could not exceed the number of lots in the yield plan, which developers said would cut the number of lots by as much as half in some projects.

The ordinance had to be reintroduced when it was discovered that one of the legal advertisements for the original ordinance’s first hearing before the commission was published one day past the 14-day requirement to announce hearings.

Uniformity for cluster subdivisions

The ordinance would require the same superior-design standards for all cluster subdivisions. Currently, regulations for cluster subdivisions differ in AR-1, agricultural-residential, zoning districts and AR-1 land in the coastal-area district. Most land in the county is zoned AR-1.

Under the ordinance, on land served by central sewer service, developers can build on 7,500-square-foot lots using the cluster option instead of 20,000-square-foot lots for standard subdivisions in AR-1 zoning. Because of the advantages of smaller lots, nearly all subdivisions over the past decade have been constructed using the cluster option.

Currently in the coastal area, in order to obtain cluster status, developers must provide an environmental assessment and public facility evaluation report.

However, in all other AR-1 districts, superior-design requirements include buffers from wetlands, tidal water, farm areas and adjacent residential areas, as well as 30 percent contiguous open space, sidewalks on at least one side of all streets, and preservation of scenic views and natural and historic resources. Homes must be clustered on the least environmentally sensitive areas of a parcel.

Developers are required to submit a report outlining lands to be preserved, developable areas, roads and trails, and where lots are located.

None of those elements are required in the coastal-area district to build a cluster subdivision.

Calls in favor of ordinance

During the hearing, several residents called in to support the ordinance.

Speaking on behalf of Sussex Alliance for Responsible Growth, Rich Borrasso said the ordinance is supported by the vast majority of Sussex residents. However, he said, the organization believes there is a serious flaw in the text of the ordinance that should be corrected before adoption.

He said the ordinance refers to only one of several critical requirements needed to comply with the law, although there are five other requirements included in the code. He said SARG feels all requirements should be spelled out specifically in the amended ordinance so there is no confusion.

“Beyond this technical issue, this legislation is long overdue and critically needed to improve the quality of development in the county, specifically in the coastal zone,” Borrasso said. “To not have the same development standards in the coastal zone as are required in all other areas of the county directly contradicts the comprehensive plan and negatively impacts residents, current and future. There are numerous reasons to support the adoption of this legislation: quality of life, environmental, personal and public safety, increased property values, and more.”

“No one is losing density, but we are gaining quality development, and quality sells,” said Lewes resident Gail Van Gilder. “You need to do everything possible to move this forward as quickly as possible to protect our most vulnerable area, with sea-level rise that is the highest in the nation.”

Delaware Center for the Inland Bays Executive Director Chris Bason said protection provided to open spaces would help prevent some of the loss of wetlands and woodlands in the Inland Bays area. He said from 2012 to 2017, the area lost nearly 500 acres of freshwater wetlands and more than 1,000 acres of upland woodlands.

“It’s been the trend for decades, and it leads to loss of wildlife habitats,” he said, adding water-quality degradation and flooding issues are also a result of the loss.

Where is the coastal area?

The coastal area includes regions around Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Ocean View and Fenwick Island inland to Route 113 in southeastern Sussex County, as well as areas around Dagsboro and Selbyville.