A proposed subdivision in Rehoboth Beach raises thorny questions about zoning.
Oceanside Reserve has been grinding through the approval process for over a year.
Revisiting the issue at a meeting late last month, the developers brought in a revised plan, with more greenspace, upgraded sidewalks, and an additional two lots, bringing the total number of homes to 33.
But, while planning commissioners seemed to like the updated proposal better, they still had significant questions about the zoning.
The sticking point is that the proposed subdivision is on land which is zoned for commercial use but which also allows for residential building. The proposed subdivision is allowed under the existing code.
Commission Vice-Chair Susan Gay, however, raised concerns that the existing zoning allows for much larger houses than can be built in strictly residential zones.
“So lots in Rehoboth that are three times the size only allow for a house of 6,000 square feet," she said. "This one could be 7,100.”
While the developer has committed to observing residential-zoning setbacks rather than the looser ones for the current zone, they couldn’t commit to limiting the total floor area, something that several commissioners raised as a concern.
Some planning commission members suggested pursuing a rezoning to put the development in line with traditional residential zoning, an idea that the site’s developer seemed cool to. David Hutt is a lawyer representing the project.
“It seems like it's adding a number of hurdles and steps and time to the process for something that is already allowed and permitted," he said.
Planning Commissioner Julie Davis agreed the plan was in line with the law, but said the Planning Commission had more due diligence to do.
“In this case, it may be code compliant with respect to the C1 zone in which that property is now zoned. But as far as I'm concerned, it's not code compliant with the zone in which it ought to be," she said.
Commissioners also wondered about controlling the total structure size through conditions in the subdivision’s covenants.
After more than an hour of presentation, questions, and discussion, the commission voted to let the developer continue to pursue approval from state agencies, but held off on approving the preliminary plan, with another hearing likely coming in a few months.
