Sussex County Council Not Interested in VSA, but There was Interest in ADU’s

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The Sussex County Council had an afternoon meeting this week – which started with nearly 45 minutes of public comment on several topics – including the development on Dorman Road in the Angola area (Chapel Branch Apartments), voluntary school assessment and the Sussex County Rental Program, which also includes the Chapel Branch Apartments.

Many residents over the past two weeks have commented on the over-development of the Dorman Road area with two developments under construction – and the Chapel Branch Apartments in the planning stages. Residents have cited the lack of available medical care with most doctor’s offices not accepting new patients, traffic and trying to turn from Dorman Road onto Route 24, public safety and other concerns.

The Voluntary School Assessment (VSA) has been supported by local school districts – Cape Henlopen and Indian River, however, after hearing from four of the five Council members (Councilman Doug Hudson recused himself from the discussion), there was no support to continue on with the discussion. The Council all agree that there’s nothing voluntary about the VSA and that it is a tax, but only school districts where development is taking place would see funding. Council President Mike Vincent called the VSA flawed – and said that in Sussex County the majority of new homes are second homes or for retirees – not families with school-age or future school-age students.

The Council got a review of the Sussex County Rental Program (SCRP) – and the Chapel Branch Apartments planned for Dorman Road in Angola, which many spoke against during public comment in the past two weeks. County Administrator Todd Lawson updated the Council on the SCRP. This program was first enacted in 2008, but used by only one developer over a 14 year period. Developers called the program not economically viable. The SCRP was updated in 2022 and Ordinance No. 2889 was approved by both the Planning & Zoning Commission and County Council. The ordinance allows development of multifamily units or townhouses but the development must meet several requirements outlined in the Ordinance – including the site must be located in a town Center, Developing Area, Commercial Area or the Coastal Area as described within the county’s Comprehensive Land Use Plan. 25% of the dwelling units must be offered at a reduced rent based on the household income. There are currently four developers who have begun the SCRP process – including the Chapel Branch Apartments – which is approved for a total of 84 units – 28 designated as SCRP and 56 and non-SCRP.

Director of Planning & Zoning, Jamie Whitehouse, talked to the County Council about Accessory Dwelling Units – or what in the Sussex County Code are referred to as “Garage Studio Apartments.” These could be attached to a home or a separate structure. The Council showed a lot of interest in updating the ordinance to make this a viable option. Assistant County Attorney, Vince Robertson hopes to have an outline of an ordinance in a couple of months.

Image courtesy Sussex County Government

Sussex County has a new County Engineer – Michael Harmer. He is a Delaware native with nearly 40 years of experience in water and wastewater construction and management. Harmer is a registered professional engineer who brings with him a wealth of experience working in the public and private sectors in both Delaware and Maryland, most recently as chief engineer for a suburban Washington, D.C., wastewater utility, overseeing its engineering and construction department of nearly 375 employees and some 100 contract workers, as well as managing an approximately $600 million budget for an operation serving a half-million customer accounts. He grew up in Newark and owns a home in Dewey Beach. He will begin his new position on February 5th. Current County Engineer, Hans Medlarz, announced his retirement in December.

There was just one public hearing during this week’s Council meeting – a Conditional Use No 2401 for OA Sundance Club, LLC. This application is for 180 multi-family dwelling units – condominiums for a planned “over 55” community near Millville. The Council approved the application with a unanimous vote.

The Sussex County Council will meet next Tuesday, February 6 beginning at 10am at the County Administration Offices on The Circle in Georgetown.


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