Letters

Letters of Opposition

• Opposition Letter to the Council for the Environment/Open Space Selloff 

https://sites.google.com/view/sussex2030-masterplanzone/opposition-to-environmentopen-space-selloff

• Master Planned Zoning ordinance is destructive

https://www.coastalpoint.com/opinion/letters/reader-ordinance-is-destruction-machine/article_56ea96e6-738d-11ee-83b9-87e764c3a7bc.html

• Sussex should establish environmental commission

https://www.capegazette.com/article/sussex-should-establish-environmental-commission/266476

• MPZ ordinance not ready for vote

https://www.capegazette.com/article/sussex-should-establish-environmental-commission/266476

• Haste makes waste; slow down

https://www.capegazette.com/article/haste-makes-waste-slow-down/266484

• Sussex should delay action on MPZ ordinance

https://www.capegazette.com/article/sussex-should-delay-action-mpz-ordinance/266482

• Devil is in the details for MPZ ordinance

https://www.capegazette.com/article/devil-details-mpz-ordinance/266284

• Master planned zone not ready for primetime

https://www.capegazette.com/article/master-planned-zone-not-ready-primetime/266087

• Unpublished Letter - due to the high number submitted with similar concerns

Who comes up with an idea such as, "Let's give big developers 12 units per acre and tell them that they can leave 10% of their 200+ acres as open space"? Even Workforce Housing communities must reserve 50% of the parcel as open space while building up to 12 units per acre and allocating 25% as low-rental units.

This is what the proposed Master Plan Zoning (MPZ) ordinance does. The Council seems to be in a hurry to adopt the MPZ ordinance by the end of 2023. There is a lot of cleanup to be done.

In legal documents, every word and punctuation mark will be used in litigation. Though not being a lawyer, I can see plenty of problems. Here are a few:

• Line 496 of the ordinance draft reads: "Coastal Area – if the MPZ is within the Coastal Area, the Master Manual shall include the information required by Section 115-134B.(2)." The correct Section is 115-194.3(B)(2). 

• Line 254 reads: "Land owned by government or non-profit entities that is included in the approved Implementation Plan and is open to the public may count toward this [10% open space] requirement." Is the word 'not' missing between 'may' and 'count'?

•  Line 293 reads: ". . . only those uses that are permitted in the LI-1 Limited Industrial District, the L-2 Light Industrial District and the HI-1 Heavy Industrial District shall be prohibited." What does this mean? Are Permitted Uses in LI-1 and L-2 are permitted, but HI-1 uses are prohibited? Or, only the Permitted Uses in LI-1, L-2, and HI-1 are prohibited? Then, what about the Conditional Uses and Special Exceptions in those zoning districts? What about C-3 that is for a larger scale auto-oriented retail and service businesses along major arterial roads? Does C-3 fit in walkable, bikeable, mixed-use neighborhoods?

• Line 227 reads: "Bulk standards including setback, lot area, height, parking, signs, and landscaping shall be governed by the approved Master Manual and shall prevail over conflicting requirements of this Chapter and Chapter 99." Who then decides the bulk standards for the Master Manual?

• A plethora of general phrases, such as 'whenever possible,' 'minimize,' 'maximize,' 'to the extent practical,' or 'create an immediate positive visual impact on the community,' leave room for subjective interpretation.

MPZ ordinance needs lots of work before adoption. It must not be rushed through.

Jens W.