|
Almost 800 Dewey Beach property owners signed petitions seeking a referendum on whether to allow a proposed 68-foot hotel complex. Hopes for the referendum were dashed when Commissioner Dale Cooke abstained from the vote. The council tied, with two votes for the referendum and two votes against it at the Friday, July 13 town meeting.
Instead, on a 3-2 vote, a proposed ordinance that would create new zoning rules for the Ruddertowne projects was forwarded to the planning and zoning commission. Planners must now write specifications for a new business district already called for in the town’s comprehensive plan, which is expected to be certified by the state within days.
For the proposed hotel complex to move forward, planners would have to write code allowing the building to breach the town’s 35-foot height limit. Once the code is written, it would go back to the council for approval. “There is nothing in the plan that permits them to build higher than 35 feet,” said Mayor Dell Tush.
Commissioner Eisenhauer said, “The new district established by the comprehensive plan is the only location within town that may be subject to relaxed bulk standards, including height.” Commissioner Claire Walsh said the district would exist, with future plans for dense commercial activity, regardless of whether the hotel complex proposed by Harvey, Hanna and Associates moves forward.
The developers have asked planners to write code by an October deadline and to include allowances for their proposed hotel complex.
But residents say the process creating a new zoning district is happening too fast and without sufficient notice or public input. “I think the town is entitled to know all the details of this project, and there have been no specifics laid out,” said resident Joan Claybrook. Some residents at the meeting said they were not well informed on the proposal, and they blamed the Ruddertowne Architectural Committee for lack of communication with property owners.
Eisenhauer, who was chairman of the committee, said the responsibility of the group was to negotiate with the developer, not approve or disapprove any plans. Some residents counter the town needs better leadership on this issue, and they want to take part in the decision. Although many residents attended the meeting asking for a chance to officially cast ballots on whether to allow a 68-foot structure, the referendum would have been nonbonding. The responsibility to determine how tall a building can be in that district still would have fallen on planners.
Cooke said, “I caught myself in the middle. I didn’t want to say no because I liked the idea of listening to everyone’s ideas, but I don’t think the legal process for 25 years should be ignored.” He said he did what is legally right for the town. Cooke is concerned if the town doesn’t follow the planning process, then someone could accuse council of showing special treatment to the developers, either discriminatory or preferential.
Walsh said the town ought to follow its established procedure and not require a developer to wait for a referendum to know if the company can build in town. While many residents were disappointed the referendum failed, Eisenhauer said this was the first time a developer has been required to go before an architectural review committee - a process that has lasted several months with contentious meetings.
But Tush told the developers, “It was really nice of you to meet with them, but you were not required, and its shameful the town has not communicated with the public more.”
Attorney Shawn Tucker said, “To suggest now that we didn’t have to go through this process is a shock, especially after my client spent hundreds of thousands of dollars. It was understood we were required to work with the committee.”
In a 3-2 vote, commissioners approved sending the developers’ petition to town planners. Mayor Dell Tush and Commissioner Bob Fitzgerald opposed sending it on, but commissioners Dale Cooke, Mike Eisenhauer and Claire Walsh voted in favor of sending a petition from Harvey, Hanna and Associates to town planners asking them to create zoning for the Resort Business One District to fit its development. Council will also send a written report of the Ruddertowne Architectural Review Committee’s report, which Commissioner Mike Eisenhauer presented orally at the meeting.
Planners have not scheduled the meeting, but it is expected to be in late July or early August.
“They’ll have public hearings and come up with a recommendation, from turning it down or, more likely, creating these rules. Council holds hearings and could agree or not, or they can change them,” Cooke said.
During the meeting, Cooke said the town does not have a timetable. “Businesses may have a timetable, and we may lose a planned development because we take more time than they have, but no business owner will put us on their timetable,” he said.
Officials said it is likely there will be months of meetings and public hearings before the bars and stores are knocked down and either townhouses or the new project goes up.
Hundreds of Dewey Beach property owners and visitors say they are concerned with the fate of the property. After many crowded town meetings in the Lifesaving Station, the July town meeting was moved to the Baycenter to accommodate the hundreds of people who showed up to cheer and jeer the proposed project. Applause was sprinkled in the audience, both when developer Tom Harvey spoke and when representatives Citizens to Preserve Dewey spoke.
After planners recommend new zoning code, town council must approve it before construction on the Ruddertowne project can begin.
Cooke said it’s now in the hands of planners to do what they think is best for the town and not be swayed by the developers or citizen groups. “It’s my opinion they’ll have a hard way to go to convince planning and zoning that 68 feet is good for Dewey because a lot of people in town don’t think it’s good for Dewey. They might be able to, but it’ll be a hard road,” Cooke said.
Contact Molly Albertson at mollyalbertson@gmail.com
|
