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Council Introduction - Cluster Subdivision Amendment to Mandate Superior Design in Coastal Area - 10/6/2020

Councilman Irwin “I.G.” Burton of Lewes said he and Councilman Doug Hudson of Dagsboro worked together to help pass a cluster ordinance for land in agricultural residential zoned districts, but didn't get a chance to finish their work.

“It was our intent to look at a cluster ordinance in development districts,” Burton said. “COVID hit and we stalled, and now we have an election. But we still have a county to run.”

Burton requested staff research the proposal for discussion at a later meeting. “We can put something together,” said County Administrator Todd Lawson.

Public Hearings: P&Z on Nov. 12, Thurs. 5 PM; Council on Dec. 1, Tuesday

The proposed ordinance - in the Council online packet of Oct. 27, 2020

P&Z Presentation on Cluster Subdivision Differences between Coastal Area and Non-Coastal Area - Nov. 3, 2020 Council Meeting

Cluster ordinance revision sorely needed - November 6, 2020 - Cape Gazette Editorial

https://www.capegazette.com/article/cluster-ordinance-revision-sorely-needed/211133

P&Z Hearing on 11/12/2020

Ord. introduced in online packet: page 175-182 of https://sussexcountyde.gov/sites/default/files/packets/11.12.2020%20PZC%20Paperless%20Packet.pdf


To watch the meeting, click on https://mediasite.sussexcountyde.gov/mediasite/Play/2d399619a2e04441a8e30bf2061babdf1d?catalog=8d90f956-ca1b-42b5-8098-0bfa8ad1ffa0

  • 1:02 -1:42, most important - 1st 20 min - Vince Robertson, County Asst Attorney, gave the history of the Coastal Area and the Cluster Ordinance. There were 10 letters of opposition and 21 letters of support.


  • 1:42 Beginning of opposing comments - Tom Natalie showed how the Yield Plan reduces the density and increase 'sprawl', followed by others

  • Robert Tunnell

  • Christian Hudson

  • Bobby Horsey

  • Martin Ross - Farmer all his life, of Delmar, former P&Z Commissioner - ambiguity of terms - Affordable housing, density is the key

  • Jim Ericsen - Prof. Engr - Yield plan problem

  • Rich

  • John Paradee of Dover Law Firm

  • Jay Baxter - Georgetown Farmer,

  • Steve Breeding, Farm Bureau, 650 farmers

  • Steve Johnson, Georgetown Farmer

  • Builders and others


  • 2:42 Borrasso lays out SARG.


Not only farmers and developers, but also engineers and lawyers, many of whom bear names we became familiar with from the recent campaign donation lists of 2 newly elected Councilpersons, came out in droves to fill up the room and oppose this by saying it will make the housing price more expensive and, by limiting 2 houses per acre, it will cause the sprawl all the way to DE (& MD) line. Their tactic was to distract and drag out the public hearing and to stall the decision.

Rich Borrasso of SARG was the only one in the Council Chamber speaking in support of it. Thank you, Rich. Rich's statement can be heard from about 2:43:00 in the video. I do not know whether some were in the lobby not being able to enter the chamber due to the capacity limitation.

Then, 6 of us spoke on the phone about the traffic and how the trees prevent flooding, etc, which the opposition did not mention at all.

About 3:54:00 the P&Z Commission started discussing it among themselves. Here are some things that woke me up to the new 'reality':

Commissioner Hopkins kept talking about why this should not be rushed and should not be on next week's P&Z Agenda to stall it from going forward to the Council on Dec. 1. From about 4:10:30, Hopkins said:

  • The issue is the density and if we allow only 2 units per acre (which is not the case at all since the developers can still jam in more homes by getting the zoning change as Commissioner Mears corrected him), the sprawl will be all the way to DE line and there won't be enough folks to throw money in to build infrastructure - Hopkins seems to thin we have proper infrastructure in place now.

  • For traffic problems, we should build Super Hwy within 5-10 mile radius and consolidate buildings in the small area.

  • "Lot of people want to live downtown Lewes. I drive from E. Redden Rd all the way down there to Agave and all the shops on 2nd st.

  • " . . . like metropolitan type of lifestyle and my wife likes to see cars drive past and people walk past. There's a lot of people like that. If you live in Georgetown, look how much you have to drive to a restaurant?"

I initially thought what he said was a slip of tongue, but then how could go on and on with the same focus on Lewes becoming a metropolis, and possibly with a super highway?

They say the grass is greener on the other side of the fence. Maybe we, the urban transplants, came here seeking the greener grass of a rural, relaxed lifestyle, while some native Delawareans secretly hope their towns would become like South Hamptons in Long Island. It is a totally new idea to me and I do not know how many Sussex residents Hopkins represents.

If this is true of the majority of Sussex residents, the sooner we learn about it and change our course, the better.

I had watched how south of Los Angeles, the orange groves, became the economic mecca of Southern California in 20 years and my husband watched how Long Island transformed itself from potato fields. Was it all bad? In my opinion, it was since I could not wait to get out of those places once my wage-earning years were over. What if Eastern Sussex is on its way to the same path? At least, I'd like to be aware and help the County to plan with foresight.

Thoughts After P&Z Hearing of 11/12/2020

Benefits of Cluster Ordinance:

  • Protection of Sensitive Areas - a priority

    • No Lots in Wetlands or forested areas - Potential Environmental Benefits

      • Water quality

      • Reduces flooding

      • Protects scenic views

      • Protects water recharge area

      • Significant Trees/Forested Areas

      • Animal habitats and corridor

    • Protect historic/archeological features

  • Increased contiguous open space to 30% of all open space - this leaves 70% of the open space to be pocket parks

    • Beneficial to residents - useable for recreation

    • To be near Sensitive or Scenic/trail areas

  • Wider Buffer

    • 30-ft buffer and transition area between developments

    • 30-ft forested buffer for lots abutting agricultural area

    • 25-ft wetland buffer

    • 50-ft tidal water and stream setback

  • Reduced costs for developers by compacting the area to develop.


Why Include Cluster Ordinance in Coastal Area:

  • The Coastal Area can benefit the most from environmental protection.

  • The whole county should have the uniform code.


Opposing Arguments:

  • Farmers property will be devalued by 50-70%.

  • Engineers want more flexibility to let the market determine the design (….buyers into the outdoors now???)

  • We need higher density rather than lower density: Everyone wants to live in the Coastal Area, thus we'd better pack in as many homes as possible where people want to live.

    • Increasing density will produce more money for DelDOT to build roads - Developers pay to fund the increase in trips/day.

    • Higher density will reduce infrastructure costs.

    • It will prevent sprawl and inadequate infrastructure.

  • Coastal Area needs Affordable Housing, which can be provided only by higher density.

  • We should not rush this through.


Our Points to Opposing Arguments:

  • To Rural farmers:

    • They are deceived and used to rally support for the opposition of this ordinance - by false claims of property devaluation

    • If sprawl is suppressed, rural farmers will be left out of the housing boom and high land price.

    • They can start their own brand-new master-planned metropolis and bring in various jobs - become a center of new economic engines of Sussex. Ocean is not the only waterbody that can support thriving towns and there are several towns with streams or access to Chesapeake Bay.

  • Sprawl is inevitable and is happening already.

  • The Coastal Area is still suffering with inadequate infrastructure even though all the developments 'supposedly' handed over funds for infrastructure improvement.

  • Construction workers will still have pretty much the same amount of work because this ordinance does not take away the number of homes to be built; only the length of roads will be shortened. By controlling the growth in the Coastal Area, more construction work will be created in rural Sussex, and they would not have to travel to work in the Coastal Area.

  • The Coastal Area cannot wait until it is damaged beyond repair - It should have been done years ago.

  • It would have been revisited earlier this year but the pandemic and the lockdown delayed it.


Keller Hopkins (P&Z Commissioner from Georgetown):

Hopkins says he likes the metropolitan type of lifestyle and loves to go to Agave in Lewes, but it takes some time to drive there. Well, by developing the Coastal Area more, it will take him longer to drive to Lewes. So, he thinks a super highway within 5-10 mile radius will solve the traffic problem. There is no land to build out the highways in Coastal Areas. Is he suggesting double-deck highways that we see in Los Angeles? Those double-deck highways kill the businesses underneath due to access problems.

His uttering of the words, such as metropolitan and super highway, is significant because he sits on the commission that makes decisions for ALL subdivisions! We know what happened to Houston during/after hurricane Harvey mainly due to the explosive growth without zoning regulations that increased the size of impervious space. Well, Houston's average altitude is about 100 ft above sea level, while our Coastal Area is maybe lower than 30 ft and is sinking.

If he wants to enjoy the life of the metropolis so badly, he should either move to one of many in the country, or turn his own area into one.