City officials are hoping to have the topic in front of the commissioners at the scheduled Dec. 4 workshop.

Mayor Sam Cooper said, “This is one of those that I think is relatively complex. I think what the school proposed is very simplistic, and it’s probably not going to lead to a good resolution in the long run. But I also think this is one where, once something is drafted, it probably needs to be run by their attorney. It’s going to be a somewhat negotiated process.”

Rezoning the school property was recommended in the 2004 comprehensive development plan. A public hearing was held in April 2008, and the city and representatives from the Cape Henlopen School Board agreed at that time to negotiate further on a solution beneficial to both sides. So far, the issue has languished on the shelf.

The city first proposed establishing a new Education/Residential, or ER, zoning classification for the property, the city’s largest remaining piece of developable land. The proposed ER zoning would have restricted development of the property to the footprint of the buildings currently on site, should the school cease to be a school.

The school board, to protect its property value, wants the property to have the same zoning standards as a general residential or R-2 district. The board has also indicated it wants R-2 zoning in perpetuity, meaning the city could not change the zoning in the future.

Cooper said both sides did tentatively agree to have 75 percent of the land become public land, while the other 25 percent would be available for development under R-2 standards.

“I think there needs to be protections in there as to that being a compact area. That they can’t section out six different one-acre parcels and build a set of townhouses on each one. Or they can’t develop a strip along the road,” Cooper said.

City solicitor Glenn Mandalas said the two sides have agreed on a conservation easement, but he also agreed with Cooper that the school’s proposal is simplistic. He said the challenge is to find a compromise that gives the school board what it wants while giving the city flexibility.

“I think we need to put a counterproposal back before them,” Cooper said. “Because otherwise, you don’t want to leave something out there, once you reach agreement, to find out there’s an item you don’t have agreement on.”

Commissioner Stan Mills suggested coming up with a compromise and resuming conversation at the November workshop, but Mandalas said he’d prefer he and Cooper work with the school board and come back at the December workshop.