Uphold planning commission decision
On Friday, Jan. 26, the Rehoboth Beach Board of Commissioners will hear an appeal filed by the developer of the proposed BeachWalk residential community at the southern tip of Rehoboth Beach on the site of the Rehoboth Plaza (Ocean Bay Mart).
The Rehoboth Beach Planning Commission, during its Site Plan Review process, unanimously determined that the proposed development is a "major subdivision" and, as such, needs to submit a new application.
The developer refuses to do so because he is alleging that the fact that he plans to sell the 63 houses (58 single-family and five multi-family) as condominiums absolves him from following city zoning and land-use law.
Such a claim is flatly contradicted by the Delaware Code on condominiums which states that local zoning and subdivision laws apply to condominiums, which is only a form of ownership and not a land-use law.
Many believe that the real reason he doesn't want to submit the proper application is that it would require him to add streets, sidewalks and open space that will reduce the number of homes - and his profits - by half. To the developer/owner, I say, "Please do develop your property, but do it responsibly and follow the law."
To the city commissioners I say, "You should uphold the decision of the city's planning commission and require the developer to submit the proper application, that for a major subdivision."