Rehoboth OKs controversial zoning changes

The Rehoboth Beach commissioners approved, by a 6-1 vote, a series of changes to the city's zoning code aimed at shrinking the size of residential houses.

A second ordinance that would have required two off-street parking spaces for three toilets and an additional space for every additional toilet was tabled for further discussion at the commissioners workshop Monday, Aug. 10 with the intention of voting on it later in August.

Mayor Sam Cooper said the zoning changes are a step the city needs to take. He said developers have been building to the limits of the zoning code instead of building within it, and the city needs to reset the limits. Cooper said too many lots in town are being covered with structures and the character of the town is changing, lot by lot.

"I think this is a huge step. This is about the future," he said.

"It is a huge step in the right direction," said Commissioner Bill Sargent.

As Sargent and Commissioner Patrick Gossett voted yes, an unidentified woman yelled "Vote them out!" as she left. Gossett and Sargent face re-election in August.

Commissioner Kathy McGuiness, the only no vote, said there are already loopholes in the zoning ordinance that can be exploited by developers and could use reconsideration. She said she wanted to see the commissioners further refine the ordinances at the workshop meeting before voting.

"We need to take a step back," McGuiness said. "This affects too many people for us not to have this right."

Commissioner Lorraine Zellers opposed doing nothing, saying the commissioners should at least pass some of the measures within the ordinance, such as new rear-yard setback requirements and increases to the required amount of natural, unbuilt area. She said the changes proposed were reasonable and she wanted to see them go forward.

Commissioner Stan Mills said he thinks many of the new houses going up are too big and that the ordinances were a package that was a reasonable way of reducing the size of houses. He said he believes the ordinances will help create more green space. However, Mills said he wanted to see the parking element further revised.

Gossett said he was comfortable moving forward but wanted to continue study to correct any unintended consequences that may arise.

"We need to move forward with this," he said.

The meeting, which was moved to a packed Rehoboth Beach Convention Center, started with a presentation by consultant Kyle Gulbronson on the purpose of the ordinances and what they contain.

Gulbronson said the ordinances came about after concerns were raised about large homes used as vacation rentals, parking problems associated with those rentals and small lots being maximized.

Gulbronson said the ordinances calls for increasing the natural, unbuilt area from 40 percent to 50 percent. Fifty percent of the front-yard setback must be natural and the rear-yard setback would be increased from 10 to 15 feet.

In addition, the floor to area ratio (FAR) will be the same, .6. The exception would be new houses with pools, which would have to adhere to a FAR of .5. Houses in the main residential districts cannot exceed 4,500 square feet. In the R-1(S) district, a special residential district comprising  large lots in the Pines, houses can be as large as 6,000 square feet.

The speakers' opinions were split, with most of the first half of speakers in favor of the ordinances and the second half against.

Former Mayor John Hughes said he supported the changes, but said they needed more tinkering. He said the ordinances were meant to protect the city from what he called an insidious attempt to maximize lots in Rehoboth. He said Realtors and developers were trying to get short-term gain at the expense of the long-term health of the city.

"I think that's destructive to our neighborhood values," Hughes said.

Mark Ronald, a property owner at 205 Rodney St., said while he would be directly impacted by the ordinance, he was in favor of it. Ronald criticized what he called misinformation by Save Our Nation's Summer Capital, a nonprofit group that has opposed the zoning ordinance.

"This city is not going out of business," he said.

Supporters of Save Our Nation's Summer Capital shouted Ronald down for not speaking to the ordinance.

Donna Mabry of 221 Hickman St. said a seven-bedroom, seven-bathroom house ruined her block. She said this house, and others like it, were mini-hotels and commercialization of the residential neighborhoods.

"Unless something is done we will see Rehoboth's essence destroyed, block-by-block," she said.

Mabry thanked the commissioners for taking steps to curtail mega-houses in Rehoboth. She said the commissioners should ignore tired arguments from opponents that the changes would negatively affect property values.

"Rehoboth needs to protect its R-1 neighborhoods from commercialization," Mabry said.

Susan Gay of 316 Country Club Drive said there has been a great deal of misinformation regarding the proposed changes. She read from a petition that was circulated on change.org that had comments against the commercialization of the residential neighborhoods.

As Gay went on, she was shouted "time" from the audience frequently as her remarks went near the five-minute mark.

Planning Commissioner Bunky Markert said he supported the proposals in the ordinance as a way to rein in builders taking advantage of the FAR. He also echoed Hughes' remarks that the changes could use further tweaking.

Bob Worthing said he was in favor of what the commissioners were trying to do, but making all properties in the city noncompliant and grandfathering them in would not work.

Barry Covington, 105 St. Lawrence St., said the ordinances would negatively impact the building of his retirement home. Covington said he has a large family – three grown children with spouses plus five grandchildren – and his lot is larger than 50-by-100 feet. He said he wanted the house to be somewhere family members could come down to and stay.

"We are not planning to rent it. But we want a place where that we can give to our children and grandchildren where they can have memories of shared time with their grandparents," he said.

Jennifer Duncan of the Rehoboth Beach Homeowners Association said she supported the measure as a way to preserve Rehoboth's character.

Lou Bogosian, 100 Stockley St., said, "As homeowners, we're at the tipping point where all these non-owner occupied commercial properties with swimming pools are affecting the quality of our lives."

Bogosian asked those opposed to the ordinances to consider how they would feel in his situation, where their bedroom is 20 feet away from a swimming pool and have to turn on a radio to drown out the noise. He said Realtors, developers and rental owners are seeking profits at the expense of the quality of life in the residential neighborhoods.

Developer Brian Gary said builders will find ways to get around the zoning code at the expense of trees. He said the ordinance only considers new construction and pools and does not consider renovations of old houses.

"People will give up what they're not sleeping, eating or bathing in," he said. "There are too many problems with what you are proposing."

Fred Dean and Sandy Greene of the Sussex County Association of Realtors said the changes could have unintended consequences for buyers and sellers and would negatively impact property values.

Linda Kauffman of 206 Laurel St. said parking needed to be addressed with houses of six bedrooms or more. She explained the commissioners' rationale of tying parking spaces to toilets instead of bedrooms and bathrooms because it was much easier to define.

"Nobody's telling anyone they can only have three toilets," Kauffman said. "It's a density issue. It's all about choices. The choice is you have to reduce something. You can't have a swimming pool and a large house and no parking."

Kauffman encouraged the commissioners to pass the ordinances and continue to refine them over time.

Barbara Collins of 30 Virginia Ave. said the ordinances would negatively impact renovations to her home of 20 years. Collins said she spent a year meeting with city building officials and spent $1,300 on the plans, which would have to be completely revised if the ordinances were to pass. She said her house is not a McMansion and it is not a rental.

Rehoboth resident Judy Griffing said she did not think people, including the commissioners, understand what is contained in the ordinances or what the unintended consequences may be. She urged the commissioners to vote no to the ordinances.

Attorney Vince Robertson said the ordinances would make all houses in Rehoboth look alike, with no room for architectural flourishes and diverse design. He said if it is occupancy the commissioners are after, then they should go after it and not beat around the bush with an ordinance that would have unintended consequences for everyone in the city.

Former Commissioner Pat Coluzzi said she was concerned the ordinance would have the unintended consequence of taking away green space. While she is not in favor of mini-hotels, she was not in favor of tying toilets to parking. Coluzzi echoed a thought expressed by many speakers that the ordinances were dividing the community and urged the commissioners to step back and reconsider.

After nearly three hours of testimony, nerves were getting frazzled as some speakers spoke twice and both sides of the room, one made up of those in favor of the ordinances and the other opposed, shouted each other down.