Residents question county’s rental program

Residents opposed to the approved Chapel Branch Apartments along Dorman Road west of Lewes turned out in force at the Jan. 30 Sussex County Council meeting.

They spoke for nearly a hour in three-minute segments during the public comment period on the agenda. Many of those same residents had spoken previously during public comment periods.

Volker Development Inc. plans to build four three-story apartment buildings with 84 units on a 7.4-acre parcel at the intersection of Dorman Road and Route 24 between Lewes and Long Neck.

Council placed the matter on its agenda to discuss the ordinance.

County rental program

One of the main issues raised by residents is the lack of a public hearing on the project.

Because the project is participating in the county’s rental program, the ordinance allows developers to build by right (without a public hearing) as long as criteria are met to provide affordable rental units. This project has 24 affordable units.

County officials amended an existing ordinance in October 2022 to remove a public hearing from the process as an incentive to attract developers to build more affordable rentals.

Projects must still be reviewed by state agencies and have a site plan approved by the Sussex County Planning & Zoning Commission.

Two public hearings

Many residents said they were unaware of the rental program until they learned about the project, which received preliminary site-plan approval in May 2023.

Council President Mike Vincent said for people to say nobody knew about the program is not true. When the ordinance was amended, it was discussed during two public hearings. “They were advertised hearings and the public made comments. Everybody should have known about it,” he said.

Councilman John Rieley asked assistant county attorney Vince Robertson to explain the process relating to a person’s property rights.

Robertson said there are several examples of land-use case law that support a person’s property rights. “Once rules are established, a property owner has to the right to utilize them,” Robertson said.

He said officials had a lot of positive feedback from the hearings and modified the ordinance based on comments from the public, developers and housing advocates.

Vincent said projects do not provide subsidized housing. Units are rented based on household income and based on 80% of area median income. Affordable units will rent for about half the market price for average rentals.

“And we have ongoing coordination with a project to ensure that all regulations are followed. We do not walk away; we keep monitoring,” Robertson said.

About the project

County Administrator Todd Lawson said the project will be built in phases, with two buildings and a clubhouse in the first phase, and two more buildings in the second phase. Construction is expected to begin this spring. The apartments will comprise 48 two-bedroom units and 36 three-bedroom units.

The plan also includes a bus stop at the intersection of Route 24 and Dorman Road.

The developer will be required to pay a fee to the Henlopen Transportation Improvement District and provide entrance improvements at the project’s access on Dorman Road.

About the program

The rental program ordinance allows developers to build apartment buildings with affordable units by right with density up to 12 units per acre without a public hearing that is usually required for multifamily housing.

Projects are permitted in coastal, commercial, town-center and developing areas.

Projects will be subject to site-plan review by the commission and county staff, as well as the state and Sussex Conservation District.

Regulations also include open space of 50%; connection to central water and sewer service; interconnectivity to any adjacent commercially zoned properties; sidewalks on at least one side of all streets, with connectivity to surrounding sidewalks; and interconnectivity to walking and biking trails. Projects must also include a streamlined administrative process of approving tenants and monitoring compliance with the program, while clarifying penalties for noncompliance.

Rent is based on 80% of area median income. In Sussex County, that’s a household income of $60,100 for a family of four and $48,100 for a two-member family. Rent for apartments will be, on average, less than half the market-rate rent.

All screening, rental agreements and background checks are handled by the project’s property management.

Traffic is also a concern

While many people spoke, Wyndam subdivision homeowners association President Mike Helwich summed up what most said.

He said residents have been speaking out and writing letters to county council members with no feedback. He said a website has been started to provide information to residents.

“It’s not so much that we don’t want apartments, but it’s that you have silenced the people you serve,” he said.

He said heavy traffic on Route 24 has not been considered. Already-heavy traffic will worsen with at least 200 more vehicles from the apartments, he said.

“It’s nearly impossible for cars to get out on Route 24 [from Dorman Road],” he said, adding that making left turns is a serious issue.

And, he said, placing a bus stop at the intersection is a fatality waiting to happen.

“I keep hearing about workforce housing. This will only benefit 24 units, with 60 overly priced units,” Helwich said. The numbers he stated have been updated to the final unit count.

He said county council had previously denied a proposed convenience store project at the nearby signalized intersection of Route 24 and Angola Road because of the added traffic. “Now you are putting these cars on us at a road without a traffic light,” he said.

“We know there is a need for this type of housing, but this is not the location for a high-density apartment complex,” Helwich said.

It’s not clear what other action homeowners can take since the project has been approved.