|
Dewey Beach business owners say if a proposed 68-foot commercial complex is approved, other business owners should also be allowed to build that high.
Town planners are charged with creating new zoning in a special town center district, and they have been asked to write laws that allow almost twice the current height for the Harvey, Hanna and Associates project. Other business owners say they’ll sue for that right if the town planners don’t grant it.
The comprehensive plan calls for a new business district where Ruddertowne is now, designated for dense commercial activity. In that zone, certain building standards would be relaxed, including parking and height. But planners have not met to determine the height standard. Commissioners sent a petition to planners at a Friday, July 13 meeting that calls for allowing a 68-foot building only on one 80,000-square-foot parcel of land, where the new business district is called for in the plan.
But other Dewey business owners want a piece of the action. The McKinney family, owners of Pier Point Marina since 1966, has told the town if the Ruddertowne project is allowed to breach the 35-foot height limit because of new zoning, they expect the same right. A letter from the McKinneys’ attorney, William Moore, to the town says the family will seek to have its Rodney Avenue property included in the zone where a 68-foot building is allowed. “In that eventuality, the family enterprise will therefore apply for such a change and will be prepared to litigate any denial,” the letter states.
Charles McKinney said he has no immediate plans to build above the height limit, and does not want to create a building as tall as 68 feet. “If they are granted the right, we have the right to build, and it’s going to make many other property owners do the same,” he said. He said when the town incorporated in 1981, the height limit was well thought out and it should remain.
McKinney said Dewey Beach cannot support a large commercial development. “We rely upon Rehoboth Beach for all of our emergencies because we’re too small to have our own fire department or ambulances. If this building is built, it will put a heavy load on Rehoboth,” he said.
McKinney said Dewey Beach does not have municipal sewer, water, trash pick-up or other services required for large density commercial areas. He also said traffic would increase if more people are trying to get to the proposed development.
“I also look at the fact that with this proposal it’s a great idea to have stores and facilities, but it doesn’t play well with the mom-and-pop stores on Route 1. No one will go to the little stores if they can go to the new ones,” McKinney said.
He is prepared to ask Dewey Beach for the same height allowances that Harvey, Hanna and Associates may grant for the Ruddertowne parcel, and if he doesn’t receive what he calls fair treatment, he said he’ll sue.
Property size is key
Attorney for the developers Shawn Tucker points to state law that allows any municipality to create zoning that applies to specific districts and does not give the same rights to other areas in town. The comprehensive plan currently calls for relaxing bulk standards only for a parcel of 80,000 square feet, located in a commercial zone.
“From a planning standpoint, provisions like this are not uncommon and they help ensure that commercial development will be well planned and well coordinated to meet all resident and visitor needs – this is called sound planning,” Tucker said, which he said is especially important because of the town’s small size.
Tucker said there’s nothing in Dewey of a sufficient size to attract people to come into the town year around.
“It does exist in Rehoboth, but it doesn’t exist in Dewey. That’s why this center must be of a certain size to attract people to come into to Dewey in the off-season,” Tucker said.
“We’re trying to create opportunities for people who come to Dewey Beach to stay in Dewey Beach and walk instead of driving out of town to go to restaurants or Funland. It would be geared toward families, more than alcohol.”
He also said Harvey, Hanna and Associates does not oppose equal rights for neighbors. “We’re just following the requirement that you have to have 80,000 square feet,” Tucker said.
Mayor Dell Tush said she hopes to avoid lawsuits, but she said she could understand that all property owners want the same rights. “I’m not surprised because I’ve heard that from three other hotel owners,” she said. Tush said other property owners have said they may sue the town over the height issue.
Tush said she and the town cannot prevent a resident from suing. “You saw what a fiasco it was with the condo conversion and the Rainbow Cove suits. It’s a long, drawn-out process, and I think it’s unfortunate when it comes that far,” Tush said.
Any municipality has the right to change its zoning to meet the town’s needs, and is required to change code to meet the comprehensive plan. The state allows towns 18 months to pass laws to match an approved plan, but the changes must come from planning and zoning commissioners.
Tush said planning code is fluid and often changes throughout the years in a town. “What’s happening now is a perfect example of how it changes. While it may be the way it is today, they’re asking planning and zoning to totally disregard what we have in place today.”
Tush said attorney and Dewey property owner Hal Dukes is also working on legal issues regarding the proposed tall building. “To my knowledge, he has been retained by citizens on their behalf as an advisory capacity, but I haven’t heard anything about a lawsuit,” she said.
Dukes was not available for comment before press time.
Contact Molly Albertson at mollyalbertson@gmail.com
|
