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Gail Van Gilder - November 19, 2020
Are you aware that Sussex County holds coastal zone cluster developments to significantly lower design and environmental standards than for the rest of the county outside the coastal zone? The coastal zone (the area around Lewes, Rehoboth and the Inland Bays) was intentionally excluded from the “superior design” requirements that became mandatory for the rest of the county in 2019. Sounds backwards to me!
Last week an effort was made to fix this by amending the Sussex County code and it appeared on the planning & zoning commission agenda. The purpose of this P&Z commission agenda item was to amend the code regarding the coastal area and add superior design criteria to make it conform more to the cluster ordinance with “superior design” in place for the rest of Sussex County. It was not to revise and rewrite the entire ordinance or increase density in the coastal zone.
This hearing was dominated by a well-orchestrated group of developers, landowners, farmers and their consultants (attorneys, architects, engineers) all calling to rewrite the coastal-area superior design standards and have a workshop committee study it. Unfortunately, sending a controversial item to a workshop for study at the county can mean it may never see the light of day again.
On many occasions at planning & zoning hearings, if any of those speaking for or against an ordinance or proposal got off the specific topic, they were remanded by the chair to address the hearing topic specifically or be cut off. That is not what happened last Thursday evening. Instead, the hearing was allowed to become a wide-ranging discourse on all the things developers and farmers don’t like about this ordinance, and even pushing to increase density in the coastal zone to reduce sprawl. If this was the topic of the hearing and advertised as such, it would have been packed with residents concerned about overdevelopment in the environmentally sensitive coastal zone.
Large landowners fear their property values will be reduced if this superior design element is required in the coastal zone. New residents are worried the building lots they are purchasing don’t have adequate protection to reduce flooding, improve water quality, provide useable open space for kids to play, or other design criteria available for every area of Sussex County except the coastal zone. This superior design has been working for the rest of the county; why would it not be good for the coastal zone?
The coastal area has the highest risk from storms and sea level rise given its rapid buildout, congestion, flooding, lack of adequate infrastructure and evacuation routes, and proximity to our Inland Bays, tributaries, rivers and ocean. Therefore, this amendment should be approved and moved to county council quickly, where this ordinance can be amended to include superior design in the environmentally sensitive coastal zone. Delaying only increases our risk. Should any more changes to the code be desired by council, that can be addressed after the current code is brought into uniformity for all parts of the county.
It is in the coastal zone where the environmental superior design component of this ordinance is needed the most. We have the highest risk, the least protection and sea level is rising the fastest in the country. Let’s be realistic. If we don’t address these environmental issues, all properties could lose value. Our elected officials took an oath “to protect the health, welfare and safety” of all those they represent. That includes both the landowners (farmers and developers) and the purchasers of their subdivided properties. It is time to act, and not delay. There is good reason to expedite this amendment!
Gail Van Gilder
Lewes
Dear Commissioner Stevenson:
I am a resident of the Lewes area who has lived part-time, then full-time, in Sussex County since 2005. I have seen residential development expand in the areas described now as “coastal,” and not all of it has been good. I am pleased that County officials - both elected and appointed - have shown a growing awareness of the need to protect the environment from intense development pressures. The cluster development ordinance that was enacted for non-coastal areas in 2019 is a good example of that concern. This cluster ordinance should have included the coastal areas at the time it was enacted, but here we are now, engaged in determining how it will be applied to the coastal zone. In my view, what is appropriate for non-coastal zones in Sussex is even more appropriate for the low-lying lands of the coastal zone, where development pressures are highest. I was surprised to see another proposed coastal cluster ordinance included in the Commission’s January 7 meeting agenda. I don’t believe that adequate notice has been given to the public prior to this hearing. Therefore, I ask you to request that the Commission keep the record open following the January 7 hearing. Thank you for your attention.
Dear P&Z Director, Staff and Commission,
Sussex County is expected to see another spurt of growth and we need to be prepared to protect our number one asset, the beautiful natural environment.
Please recommend to the Council to adopt one Cluster Ordinance that applies to the whole Sussex County. Particularly, the Coastal Area is the one that needs the 'Superior Design' mandate more than anywhere else in Sussex County.
By protecting our natural wetlands, buffers and mature forests that are known to hold tremendous amounts of water and slowly release, we will not aggravate more flooding and sea water inundation in the coastal area. This will help, not only the immediate neighborhoods from increased flooding risks, but also, in the long run, will help our entire County and State from the potential burden of having to rescue from such flooding events the homes built right up to the water.
Superior Design will also enhance the value of all the properties in each cluster subdivision for the beauty and usable open spaces.
Sussex County will be known for its beautiful and higher standards of dwelling environment as well as its wise forward-looking long term visions.
A suggestion regarding this ordinance:
I find the newly introduced ordinance confusing. The Cluster design specifications are spread out in §115-25 B, C, E, and F, but only B and F are referred to in this new ordinance for Coastal Area.
Instead of copying and pasting portions of the Code, which increases the chances of confusion and unintended omissions, I suggest removing all references (or not introducing new references) to the AR Cluster from Coastal Area (§115-194.3) and removing any reference to Coastal Area from the AR Code (§115-25). This will make the Code clean without any references pointing back and forth. If we keep patching the Code this way - unnecessarily - the Sussex Code will have to be re-written sooner than later.
A suggestion for public hearing notice:
While judicially monitoring the public hearing notice in the Cape Gazette, I was surprised to find the public hearing for this ordinance in the Jan. 7th P&Z meeting agenda, only to find out that it was published in the News Journal and Delaware State News. Without subscribing to the print version of these newspapers, it would be nearly impossible to spot the hearing notices. Please consider publishing all the public hearing notices on the County's website.
Please know that I am in support of this long overdue amendment.
This ordinance needs to apply to the Coastal Area as well as the rest of the county...in fact it needs to apply to the Coastal area MORE than the rest of the county. We desperately need more trees, buffers and open space to combat the run-off which leads to flooding. There is a reason why this area was called, until recently, the Environmentally Sensitive Development District.
Carol E. Conroy - November 16, 2020
I am writing to express my strong support for the extension of the cluster ordinance to what the comprehensive plan now describes as “Coastal Areas.” If any part of Sussex County needs more protection from uncontrolled development, it is the coastal area.
A developer is not required to use the cluster ordinance path to housing construction. It’s a choice.
I’ve started to hear reports that certain interests, including the farm bureau, are making very dramatic statements about the potential reduction in real estate values if this ordinance amendment is passed.
I certainly want to know where their numbers are coming from, and how they’re being calculated.
Opposition to this ordinance amendment looks like a bald-faced move by developers, realtors, and landowners to get their way.
I don’t believe that they are motivated by anything other than profit, to the detriment of all the other residents of Sussex.
I think the council needs to think about the residents who are going to be upset when traffic, water runoff and other problems like rising sea levels get worse.
A lot of residents are upset right now, and they don’t all live in District 3.
Carol E. Conroy
Lewes
Mr. Whitehouse,
I support the ordinance that would make Superior Design elements of the County Zoning Code apply county wide. However; Sussex County Planning and Zoning needs to change their priorities. The present attitude that defines development as an essential growth factor needed for progress will only lead to the coastal area be completely covered with housing and commercial developments. Part of our reasoning for relocating to this area is because we liked what we saw. Lots of woodlands, farms and open space. Those features are being eradicated because Planning and Zoning defines progress as approving housing and commercial developments. . Why can’t progress also mean planting more trees, expanding croplands and building more parks and trails? Too often uses the phrase used in planning and zoning approval documents that ‘the zoning is consistent with development trends in the area and is appropriate according to the county comprehensive land use plan” has become standard rational for granting approval. Thank you.
My wife and I have lived in Sussex County for over 20 years and strongly urge the Commission and Council to make Custer Superior Design the standard for the entire county. No exceptions.
As a homeowner in the Coastal Zone, I request that P&Z pass the Cluster ordinance with the changes proposed by SARG in their letter dated 1/5/2021. These changes simplifies the ordinance, making it easier for the public and developers to understand.
We need to have the same standards of development in Western Sussex and the Coastal Zone.
The Superior Design Elements of the Cluster Ordinance are most needed in the Coastal Zone, and we must have equity in the County. Wisely planned open spaces will enhance everyone’s property values and help protect and preserve as much of our natural resources including wetlands, mature woodlands and buffers along wetlands and waterways.
Thank you for your consideration of my letter and for your public service.
Delaware has the lowest average elevation in the nation and sea level rise rates that measure at more than twice the global average.
With the pandemic, people are only too anxious to escape the cities and build homes down here, which will only exacerbate the problems. Building will happen and we accept that, but it must be done in a smart way to minimize the impact on the environment and protect our property values. We need open space now more than ever.