Rehoboth Planning Commission chair addresses interpretive authority issue
I write to correct any misunderstandings left by the article reporting the decision by Rehoboth Beach city commissioners to schedule a vote March 11 to resolve the issue of whether the planning commission should retain interpretive authority for the city's zoning code.
The commissioners decided to move forward only with language that confirms planning commission authority. They rejected scheduling a second vote on a proposal to transfer that authority to the city building inspector. That decision was correct. This question has been debated to death.
Prior discussions include a four-hour joint meeting Jan. 23, when the city commissioners heard from the planning commission, the Building Department and the public. That session followed discussions at earlier commissioners' meetings last May, September and November.
The complaint by two commissioners that it is unfair not to also vote on the conflicting version of the legislation is thus without merit. If the version favoring the planning commission fails to pass, the city commissioners can schedule a vote on the building inspector version or even on a different proposal.
More important, the version to be voted on in March is the best resolution for the city:
• It reaffirms the procedures of almost 15 years in the city code that no building permit shall be issued "until the site plan has been reviewed and finally approved by the planning commission"
• It does not make Rehoboth an outlier in the state. No jurisdiction in Delaware allows city employees to have final say over zoning code compliance involving major commercial projects (the planning commission doesn't review plans for residences and small commercial projects)
• Without our planning commission process, there would be no opportunity for local businesses and residents to see or comment on plans for large commercial projects. This includes situations where there may be pressure from developers in closed-door meetings followed by an unexplained reversal in the position of the building inspector's office, as has occurred in the past
• The planning commission is bound by legal requirements for open meetings, FOIA disclosures, public hearings, issuance of written decisions explaining its votes, and appeals to our elected city commissioners. None of these guarantees applies to decisions made by city staff.
Rehoboth should direct its efforts toward increasing, not decreasing, transparency and accountability about how important planning decisions are made. It's past time to move on.
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