Rehoboth Beach rules on controversial BeachWalk residential development
Gray Hughes
A decision on a controversial residential development in Rehoboth Beach that had members of the community up in arms for years came to a resolution Friday.
The Rehoboth Beach Commission voted to uphold a decision by the Rehoboth Beach Planning Commission that the BeachWalk development must submit a major subdivision application.
The plans for BeachWalk, which were originally filed in 2015, call for 63 dwelling units at the Ocean Bay Mart Shopping Center. It was proposed as a condominium, but opponents are concerned about the building and developers making an "end-run" around Rehoboth Beach's zoning code.
The commission voted to uphold the planning commission's decision by a vote of 4-2. Commissioners Kathy McGuiness and Stan Mills were the two nay votes.
Rehoboth Beach Mayor Paul Kuhns recused himself from all discussion regarding BeachWalk and was not present at the meeting.
"It fits the definition of a subdivision as outlined," said Commissioner Patrick Gossett. "And I go back to the question that stands out in my mind — if I was facing a planning commission facing the tools in our code — I would have made the same decision."
As a major subdivision, BeachWalk will be subject to more regulations. It must have roads accessible for the fire department, have on-street parking, meet setback standards set forth by the city and must sit on a 5,000 square foot lot, as mandated by the City of Rehoboth Beach.
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The Rehoboth Beach Planning Commission sided with the concerned residents, saying in its ruling that the development should be considered a major development because it did not meet these requirements.
The commission listened to five hours of testimony Friday from Rehoboth Beach residents concerned about the project as well as from Dennis Scharder, who was representing the development, and from Glenn Mandalas, Rehoboth Beach city solicitor who was representing the planning commission.
During the more than two hours of testimony from Rehoboth Beach residents, not one testified in favor of the project.
A petition on change.org had garnered 1,043 signatures as of 3 p.m. on Friday, all voicing their opposition to the BeachWalk. The petition was started by Rehoboth Citizens for Responsible Growth.
Opponents of the project fear the development would create unsafe conditions for Rehoboth Beach residents because of narrow driving aisles.
They are also concerned the project would set a negative precedent for development in the city, ruin the feel of a neighborhood with walkable streets, open spaces and a high quality of life, and create a burden on the city's infrastructure.
"Treat this project for what it is — a major subdivision," said Michael Dukes, who resides on Blackstone Avenue near the proposed development.
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Those who spoke said they did not oppose the development, and using the land for a development was a good idea, but they were frustrated with the safety and quality-of-life issues presented with the project if it was not zoned as a major subdivision.
Schrader, though, said the requirement to list it as a major subdivision would create an unfair burden on his client.
"This is a simple matter," he said. "This application before you was legally subdivided."
He added that cities and towns don't have the authority to zone properties, and he argued that this was exactly what Rehoboth Beach was trying to do.
However, Mandalas, arguing that the proposed BeachWalk development does constitute a major subdivision, said the Rehoboth Beach Commission should defer to the decision made by the planning commission.
"You are not supposed to second guess the planning commission," he said, "so long as the planning commission was presented with sufficient evidence and acted in good faith and with appropriate due care.
"These are the planners you put in place, and you should defer to them."
On Twitter @hughesg19