Sussex council addresses comp plan comments

State housing officials say Sussex County's 2018 comprehensive plan is too restrictive limiting options for affordable housing.

Delaware State Housing Authority officials said the draft plan is prohibitive to medium- and high-density residential development in areas where there is an acute need for affordable and workforce housing. “The only criteria for medium and high density should be its location near central water/sewer and proximity to job centers,” the comment stated.

According to the authority, high-density zoned land allowing for more units per acre is an incentive to developers seeking to construct affordable housing.

The county's draft plan has five key criteria taken into consideration for a parcel to be upzoned.

The comment sparked more than a half hour discussion during an Oct. 15 workshop. Council and staff could not reach a consensus and handed it off to consultants to come back with a response to the comment.

In the current plan, criteria for upzoning includes, but is not limited to, areas with central water and sewer systems, adjacent to land with similar zoning, near a commercial center, located along a major road or near a major intersection with adequate roads – labeled level of service in the plan – or no major negative impact of the level of service.

The majority of the 85 comments from the state's Preliminary Land Use Service review of the plan required no response, were accepted by staff or required minor corrections. Sussex County Planning and Zoning Director Janelle Cornwell said it was council's choice whether to adopt the recommendations but certification requirements must be addressed in the plan.

Comment a certification requirement

Cornwell said the housing authority comment is considered a certification requirement and not a recommendation. “If we do not change the plan, we have to have strong reasoning for it. This section of code needs to be changed,” she said. “I think the concern is too much criteria where medium and high density is for affordable housing. They want more flexibility.”

Assistant county attorney Vince Robertson agreed saying the bottom line is the state wants more high- density zoned land and fewer criteria for medium- and high-density zoning.

Robertson said the authority appears to look at the criteria as a negative, while meeting all the criteria actually promotes affordable housing.

Councilman I.G. Burton, R-Lewes, said the plan promotes affordable housing. “The criteria makes it work,” he said.

“The criteria are not barriers,” said Councilman George Cole, R-Ocean View. “They are what we do in the land-use process.”

Cole said county zoning code already provides flexibility to obtain upzoning through residential planned communities and conditional uses.

“I see no issue with the way it is written,” said County Administrator Todd Lawson.

Cornwell suggested that the roadway level of service requirement be eliminated, but council did not agree. “Level of service is very important, and it should be there – it's critical,” Cole said.

“Our intent is to be more predictable. They see it as very restrictive. How do we find a balance?” Cornwell asked.

Addressing flooding issues

Council agreed with a state recommendation to add a memorandum of understanding to the draft as a way to better communicate with towns on future growth areas around municipalities. “We should have a reference to that in the plan. It sends a good message that we want to work with towns,” Cole said. “It does not mean we have to do it; it's just another tool.”

State agencies were critical of the county plan, stating officials missed an opportunity to more fully describe flooding issues including the effects of climate change and sea-level rise that will put more residents at risk of flooding and will increase the need for infrastructure upgrades and repairs.

Lawson said the county's response is that officials turn to implementation of the Hazard Mitigation Plan to promote open space conservation and site-based improvements to prevent future flooding damage.

Council agreed to add sea-level rise models and maps to the land-use process. However, council can determine how it uses the information.

The county response is: “The county may take into account the state's sea-level rise forecast model when planning for new development or infrastructure in coastal areas and when considering new development within at-risk or sensitive areas where sea-level rise is imminent.”

Robertson called the response a consideration and not a mandate.

The updated plan and PLUS response letter will be submitted to the Office of State Planning Coordination, which requires 20 working days to complete its review.

Council will have a public hearing on the draft plan during its Tuesday, Oct. 23 meeting at the county administration building, 2 The Circle, Georgetown. Read the plan at sussexplan.com