Sussex County plan enters final stage

After 2 ½ years, Sussex County is nearing the final stage of preparing its 2018 comprehensive land-use plan for certification by the governor's office. The public record has been closed and county council had its final public hearing at its Oct. 23 meeting.

Staff and consultants will take comments made during the hearing under advisement and recommend possible changes to council during the Tuesday, Oct. 30 meeting for a possible vote. Council is also expected to take action on responses to comments on the plan made during the state review of the plan.

The plan and responses will then be resubmitted to the state for final review.

Questions about zoning

Tyler Berl, representing Sussex Housing Group, said his organization is asking council to delay a vote on the plan to allow more time to review comments provided by the Delaware State Housing Authority during the state Office of Planning Coordination Preliminary Land Use Service process.

He said the organization agrees with the authority's recommendations that criteria should be eased to allow more medium- and high-density zoning. The authority claims criteria in the future land use chapter of the plan is too restrictive and prohibits upzoning that could be conducive to more multifamily and affordable housing in the county.

Berl said the county should also include affordable housing units as part of its bonus density ordinance.

In addition, he said, failure to address the authority's comments could provide legal justification to deny state funding.

County Administrator Todd Lawson said the county's response to the authority's comments is sufficient. Council did not respond to Berl's request.

Councilman Rob Arlett, R-Frankford, said he was surprised by Berl's comments and asked staff if the county risked losing funding.

Assistant county attorney Vince Robertson said the plan addresses affordable housing throughout the housing chapter – where it's supposed to be discussed – and not the future land use chapter.

Robertson said all of the certification requirements needed for final state approval of the plan have been met.

“We've done what the law requires,” Robertson said. “I have no concerns. Based on what the law says, we are in compliance.”

Lawson said the draft plan has been thoroughly reviewed. “Loss of funding is not a reality at this stage. There is no problem,” he said.

Robertson said that does not mean staff and council do not take the authority's comments seriously.“We will look at criteria for medium- and high-density zoning, but it's not an issue for certification,” he said.

Kevin Gilmore, executive director of Sussex County Habitat for Humanity, said he supports comments made by the authority. He said criteria in the plan could have unintended consequences such as limiting housing options for people who support the economy in eastern Sussex.

Growth tool not in plan

Lon Coven of Lewes said he was shocked an adequate public facilities ordinance has not been adopted to manage growth. He said Kent County, New Castle County and most Maryland counties have the option to require developers to have infrastructure in place before development occurs.

“It's not in your 10-year plan so it probably never will be. We don't have 10 years. Our infrastructure is poor, and we have haphazard development. Developers are running the game here,” he said. “It's a tool that should be there; the county should have that kind of control. The developers should pay and not the taxpayers.”

Coven said the same type of development pressures in eastern Sussex will soon migrate to western Sussex.

He said in the Angola area where he lives, 3,000 lots have been approved for development. “I understand we have to grow, but grow healthy – and it's not healthy here,” he said.

Transportation issues

D.J. Hughes, a traffic engineer who lives in Milton, read a long list of suggestions, corrections and additions for the mobility chapter. He suggested adding a strategy to track Sussex County projects in the six-year Delaware Department of Transportation capital transportation plan.

As an example, he said, DelDOT officials first recommended improvements on Kings Highway in Lewes in 2008, but the project did not get into the capital transportation plan until 2017. “Nine and a half years later. There's got to be a better way,” he said.

Design work is scheduled to start in 2022, he said.

“Sussex County needs to do a better job holding DelDOT's feet to the fire, and the comp plan can do that,” he said. “They are not following their own prioritization.”

Hughes said he supported the proposed transportation committee. He said the committee could play a vital role in turning the tide and getting more money for road work appropriated to Sussex County.

Plan passage is the beginning

Rich Holtkamp, representing Sussex Alliance for Responsible Growth, said passage of the plan was only the beginning. He said it's imperative that county officials prioritize and implement the strategies. “We've reached a tipping point in growth. Our roads are at a grid lock, the water quality of the Inland Bays is degraded and affordable housing is not available to those in the service industry,” he said.

He said council's challenge is to respond to the critical needs of the county and learn from the past to build a better future.

WRITING THE PLAN – A LONG PROCESS

11 public meetings throughout Sussex County

Planning and zoning commission – 19 workshops and public comment at 32 meetings

County council – 16 workshops and public comment at every meeting since the process began

400 comments on county website

Planning and zoning and county council public hearings

Editor’s note: The word “not” was omitted from a sentence in the print version of this story. The sentence should read: Robertson said that does not mean staff and council do not take the authority's comments seriously.