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Despite ongoing issues and controversy, the Dewey Beach Planning & Zoning Commission unanimously recommended a new zoning code to the town commissioners.
At the Sept. 27 commission meeting, Chairman Harry Wilson, who has been working on the comprehensive development plan and zoning code for about six years, said his message to the town commissioners is, “Trust us.”
“We have covered every angle of every subject and hopefully the commissioners will utilize that work to bring the process to a speedy resolution,” Wilson said after meeting.
Further debate is likely on issues that include whether the plan goes far enough to encourage development in the town’s resort business districts, the cost and complexity of filing plans and receiving approval, the role of a town planner; tiered setbacks and parking.
Attorney Steve Spence representing Highway One, which owns the Rusty Rudder, Bottle and Cork and several other businesses, said all of those issues affect his client. “If you adopt this code you ain’t doing nothing without substantial cost and project review,” Spence said.
The code, as recommended by the planners, now goes to the town commissioners. It’s expected to be approved in January to meet state guidelines.
Not easy being green
Definitions were among the issues still dividing planning and zoning commission members. Member Jim Dedes asked how the group defined “green building materials,” included as a building requirement, but which Dedes called extremely vague.
Spence said the commissioners couldn’t create a code that requires builders to do something when they can’t define it. “You’ve gone to where we’re not going to build anything because we don’t know what to build,” Spence said. “We’re required to use ‘green building materials.’ Who decides what that is? Three commissioners who never built anything before?”
The proposed code also refers to a town planner, raising questions among the commissioners as to the role the planner will play. King said he believed the town planner would be called on when needed. Wilson thought plans were submitted to the building official.
Requiring review by a town planner in the building permit and site plan application process would reduce the role of the building official to receiving the original plans.
Planner role draws debate
The town planner retained to assist in developing the new zoning code, Chris Fazio of Remington, Vernick & Beach Engineers, said during the Sept. 19 public hearing the developer would submit plans to the building official and send copies to the planning and zoning commission, town commissioners and town planner. “I, as the town planner, would do a review to see if you comply with the code,” Fazio said.
If not in compliance, Fazio said he would send a list of revisions and once the revisions were made, the plan would follow the current process of going to the commissioners who would forward it on to planning and zoning, who would return it with a recommendation to the commissioners for their vote.
Dedes said on Sept. 27, that the town charter has no reference to a town planner. Town attorney Ben Snyder said to give the town planner authority to make decisions would require a charter change.
Chuck McKinney expressed surprise. “I don’t think as we went through this code ‘town planner’ got interjected by us. I think ‘town planner’ got interjected by the town planner,” he said. The planners addressed a list of 59 issues and more that were raised during the Sept. 27 meeting as they tried to finalize the proposed code. Some regarded minor tweaks, such as confirmation of vested rights and permitting charities to have Texas Hold’em poker games to raise funds.
Others regarded new language and issues not previously raised, such as a new code addition restricting use of rooms in bed and breakfast establishments to transient paying guests from May 15 through Sept. 15, and permitting no more than two adults per bedroom. During their next meeting, set for Friday, Oct. 10, the town commissioners plan to discuss and vote to establish a future workshop to review the proposed zoning code.
Why Dewey Beach planners voted yes: Two views
Compromising to reach consensus, the seven members of the Dewey Beach Planning & Zoning Commission concluded part of a comprehensive development plan process that has taken more than five years and unanimously voted to recommend a new zoning code to the town’s commissioners.
Chairman Harry Wilson expressed some disappointment with the end result, while Vice Chairman David King was enthusiastic
Chairman Harry Wilson
“This code has got a lot of good work involved in it. ... At the same time I have to say I’m saddened that I believe the area the plan set out to be the center for commerce and the most dense area, the overlay district and the planned residential business, does not go as far as it should toward what the comprehensive plan is saying.”
Vice Chairman David King
“I’m excited to vote yes for this. I think this goes a long way to meeting the spirit and the letter of our recent comprehensive development plan. ... I believe it goes a long way to meeting the needs of the safety, health and welfare of the citizens of Dewey Beach, the property owners and our visitors. I think this will stand, hopefully, for 10-15 years as an example of where we see Dewey Beach’s future at this time.”
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