Town of Dewey Beach Minutes of the February 7, 2009 Meeting Of The Planning and Zoning Commission

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1 Town of Dewey Beach Minutes of the February 7, 2009 Meeting Of The Planning and Zoning Commission Call to Order The meeting was called to order by Vice Chair David King, followed by the Pledge of Allegiance and Roll Call. P&Z members present: Jim Dedes, Faith Duncan, David King, Gary Mauler and Chuck McKinney. The Town Code Enforcement Officer Bill Mears and Attorney to the Zoning Commission Kevin Baird were present in their official capacities. 1 Kevin Baird was introduced to the members of the commission, and made some introductory remarks. Purpose: Public Hearings on a conditional use application for a new Lions Club clubhouse and several possible amendments to Chapter 185 Zoning of the Town Code. Ratify minutes from prior meetings The minutes of the November 29, 2008 meeting were considered, with the understanding that after approval, the noted attachments will be appended and the final document posted on the web. A motion was made to approve, seconded and passed unanimously by voice vote with no changes. A. Public Hearing Discuss and vote on recommendations to the Town Commissioners on a Conditional Use Application submitted by the Dewey Beach Lions Club for development of a clubhouse structure located on McKinley Ave. in the RB-3 district. The presentation for this application was made by representatives of the Lions Club (President Ron Krajewski) and Meridian Architects and Engineers (Bruce Moneta). In its application, the Lions Club indicated they were asking for a conditional use for a philanthropic organization in the new RB-3 district, and indicated that the plans submitted to the Town comply with all aspects of the new zoning code. 2 Ron Krajewski indicated the primary purpose for this new building was for Dewey Beach Lions Club meetings, daytime meetings of other chapters of the Lions Club and other philanthropic organizations, but that the Lions Club would also like to have the ability to provide this venue for commercial rentals (e.g., for a business off-site; it is too small for a wedding, etc). The proposed structure includes provisions for a display area, meeting hall, on-site manager s office, a future kitchen and interior and exterior rest rooms. The proposed kitchen is not a full-sevice commercial kitchen; it is too small for food preparation for large groups but could be used as a warming kitchen for meals catered in by outside restaurants. The display area is intended to be used as an educational area, for school children. The outside bath will only be open during the daytime, for use by the playground (important to the families that use the park). Questions from the commission members included: Kitchen design and use. A: Not intended as a full-service commercial kitchen, but would be used for warming of catered meals for dinner meetings, etc. 1 Agenda and meeting handout materials reproduced in the Addenda 2 Submitted plans attached in Addenda. 1

2 Occupancy and layout. A: Meeting area will be an open area with tables and chairs as appropriate the goal is a large meeting room that would be flexible. The Lions Club has 61 members, and sometimes holds meetings with high member and spouse turn out. Overall occupancy designed to total for meeting and banquet events. Trash. A: Propane and trash will be located along the side, and will be fenced and gated. Parking. A: Have a very large area of land, more than sufficient to provide the 25-or so parking spaces required to meet code requirements. Use of this area for Lions Club parking will not reduce the amount of parking available to the North Beach Restaurant. Vehicle access. A: Main vehicle entrance will be from McKinley. Will not need to change any current fencing, and do not anticipate significant vehicle access from Dagsworthy. Heliopad. A: Intent is to continue to provide access to the area currently used for helicopter landings on an emergency basis. Commercial rentals. A: Do not intend to make this a major use, but have had interest expressed for small private meetings and gatherings. The facility is not going to be large enough to hold larger events. The pros and cons of allowing commercial rentals were discussed. The Town Attorney provided guidance, reminding the commission that the Lions Club is applying for a conditional use as a meeting hall or a private club, and under such approval can undertake day to day operations typical of a private club or lodge; they have not applied for approval as a commercial hall. Charter of Lions Club. A: Our motto is We serve. The Dewey Beach Lions Club has been active in supporting Town activities, including purchase of a new ATV and wheel chairs for Life Guards last year. Do not meet during the summer, from June 1 to September 1. Hours of Operation for third-party events. A: Not intending late night events. Do have night meetings, bi-monthly meetings, plus board and committee meetings. A typical meeting with two speakers would likely end at 10:00 pm. Indicated desirable hours of operation from sunrise to 11:30 pm. Alcohol sales/service. A: Do not intend to sell alcohol (this would require additional permitting); but would likely serve alcohol at dinner meetings (a private event that would need a gathering permit from the ABCC). Third-parties renting the site could also get a gathering permit and serve alcohol for a private party. There is no intent to provide sale to or consumption by the public. Fencing. A: Intend to leave existing fencing as part of the park. Noise. A: Design has minimum openings facing residential neighbors, and larger-than-required setbacks to minimize disturbance of residential neighbors. Flood zone. A: In AE 6, required to have the first floor finished level 7 above sea level (plans presented to P&Z showed as AE2). The Town Building Official confirmed that the plans reviewed by him meet flood plain requirements. Emergency access. A: May have to modify access for fire and emergency vehicles. Have left room to do so and will be meeting with Fire Marshall during the permitting and construction phases. 2

3 Summer use of facility. A: Primary use for non-profits during day. Do not have to rent this building out to make ends meet, but would like opportunity to do so where there is a good match. Public input. During the Public Hearing Dale Cooke and Graham Smith spoke in favor. Motion. A motion was made and seconded to recommend to the Town Commissioners approval with the condition of operations limited to sunrise to 12:00 midnight, and passed unanimously by voice vote with 4-ayes, 0-nays and 1-recusal Faith Duncan). B. Public Hearing Discuss and vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning Standards related to tiered setbacks, roof decks, and parking requirements for residential-use structures. A summary was given of the comments and changes made by the Town Commissioners in the process of approving the new zoning code at the January 10, 2009 Town Meeting, and related issues passed back to P&Z for review and comment. These several items were heard sequentially, with the following results: Public input reflected on the delicate balance of the comprehensive zoning code as presented to the Town Commissioners, and expressed concern that any juggling could upset such balance. Comments were heard in favor of tiered setbacks for new construction and major renovation and increased off-street parking requirements in the NR district (need to impose the requirement for a third parking space for a fourth bedroom). Comments were also heard related to possible indexing of required off-street parking to building size. The Public Hearing was then closed and commission discussion begun. Tiered setbacks: Commission comments and discussion included: At prior meetings P&Z looked at photos of residential buildings that had partial setbacks, that were viewed as being very attractive by commission members. The Town Commissioners appeared to be looking for recommendations on more options possibly different requirements for smaller two story versus larger buildings, or partial-façade setbacks at the second story level. While the Town Commissioners were concerned that with a full-façade setback, all new buildings would look the same, architects are creative and that is an unlikely result. That said, there is a desire to have zoning requirements that give people flexibility. Such flexibility should add to the character of the community. Need to provide some relief for smaller houses that are seeking modest expansion, that are sandwiched between larger houses. More restrictive setbacks are appropriate for new construction. Concern was raised about the impact of tiered setbacks for older construction in terms of placement of load-bearing walls. A proposal was made that there be no setback requirement for half of the façade for remodeling of existing construction. The ensuing discussion was divided into two categories: remodels to existing structures resulting in a finished structure no more than 2 stories high and no more than 2,500 s.f. livable space, and for new construction and/or larger structures. This might provide an incentive to people to build smaller homes, which would be aligned with the goals of the Comprehensive Development Plan. Counsel indicated that smaller houses built to this relaxed standard could not be expanded above 2 stories and 2,500 s.f. in the future without a change in zoning or approval by the Board of Adjustment. 3

4 The sense of the discussion at this point was that each permitted design should provide for the same total amount or percentage of open space as a required setback area five feet over the whole façade versus ten feet over half the façade. For example, an average setback of five feet and a minimum of 50% of the second floor façade being setback. Then the question turned to the third floor: requirement for full- or partial-façade setback. Consensus was in providing the same options of partial-tiering as per the second floor simple and flexible. The discussion then turned to what facades would be required to be tiered. Consensus was to apply to residential building facades on Front- and Rear-Yards, Side-streets, the Ocean and Bay. A motion to recommend amendment to Chapter 185 Zoning as follows to the Town Commissioners was made, seconded and passed unanimously by voice vote (5 ayes, 0 nays). Motion: Options for Partial Tiering. For residential structures with more than 2,500 square feet of habitable space, including all areas that might be otherwise excluded from the calculation of Floor Area Ratio, e.g., private garage, accessory building, covered and open decks, etc., there shall be tiered setback requirements on the front and rear building faces and all additional building faces abutting a street, the ocean or bay such that: a. A minimum of 50% of any affected second-story façade shall be set back in such a manner that the average second-story setback across the full façade is at least five (5) feet greater than the corresponding required yard setback; and b. A minimum of 50% of any affected third-story façade shall be set back in such a manner that the average third-story setback across the full façade is at least ten (10) feet greater than the corresponding required yard setback. A second motion to recommend amendment to Chapter 185 Zoning as follows to the Town Commissioners was made, seconded and passed unanimously by voice vote (5 ayes, 0 nays). Motion: Small Building Exemption. The Tiered Setbacks requirement shall not apply to renovation, expansion or new construction that will result in not more than two stories in height and has less than 2,500 square feet of habitable space, including all areas that might be otherwise excluded from the calculation of Floor Area Ratio, e.g., private garage, accessory building, covered and open decks, etc. These recommendations on tiered setback zoning standards were believed to be simple and provide for a wide range of design options, and are to apply to NR, RR and PR Districts. Roof Decks. After appropriate commission discussion about roof decks in NR and RR districts, the following motion was made, seconded and approved by voice vote (4 ayes, 1 nay): Motion. To recommend to the Town Commissioners no change in the residential-use roof deck requirements in the newly passed Chapter 185 Zoning. Parking. In approving the new zoning code, the Town Commissioners amended the off-street residential parking requirement to be two spaces for the first four bedrooms and one additional space per each two additional bedrooms. Public input was to recommend back to the Town Commissioners this be changed back to the original P&Z recommendation. 4

5 The members of P&Z strongly averred that parking represents one of the Town s pressing problems; this was highlighted in the 2005 Citizens Survey and 2007 Comprehensive Development Plan, and was the subject of concern at most P&Z meetings related to review and revision of the Towns zoning code (almost exclusively favoring increased off-street parking standards). When queried, the Town Code Enforcement Officer emphatically stated the need for an increased off-street residential parking requirement in the zoning code, especially in the NR District. A motion was made, seconded and passed unanimously by voice vote (5 ayes, 0 nays): Motion. Recommend to the Town Commissioners to amend the current residential-use parking requirements in Chapter 185 Zoning to read: 2 off-street spaces for the first 3 bedrooms in a dwelling unit plus one additional space for each additional bedroom in the same dwelling unit. C. Public Hearing- Discuss and vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning of Town Code related to retaining Church, Rectory, Parish House, Convent and Monastery, Temple, Synagogue and like religious uses as a permitted use in a residential district. Involving Town Commissioner Sietz provided a synopsis of the public input he received on this issue; that such types of meeting uses are more commercial than residential in nature, often involving of 30 or 40 participants and a lot of traffic. Counsel provided appropriate guidance based on applicable state and federal statue. Specifically, that "religious use meeting places can be prohibited in residential districts provided so doing meets two applicable tests under the federal Religious Land Use and Institutionalized Persons Act: substantial burden and equal treatment. No municipality can impose land-use regulations that treat religious assembly or institutions more restrictively than non-religious assembly or institutions (e.g., Lions Club). Counsel concluded that it would be permissible to exclude religious meeting places from certain districts if both the substantial burden and equal treatment tests were met. When a question related to off-street parking requirements for a religious assembly was raised, Counsel stated that the code (Table 1) linked the parking requirements for religious assembly use as the same as for a convention center. It was noted, while in the RR District Dewey Beach Municipal building and uses is a Permitted Use and Institutions, educational or philanthropic and Public Utilities or public services uses, public or governmental buildings and uses are Conditional Uses, there are currently no Permitted or Conditional Uses for meeting places/assembly uses in the NR District. Also, it was noted that such a use would likely result in undue traffic and congestion. After public hearing and appropriate commission discussion the following recommendations to the Town Commissioners for amendment of Chapter 185 Zoning were motioned, seconded and approved unanimously (5 yes, 0 nays): Motion 1. In keeping with the Comprehensive Development Plan to retain the characteristic residential-neighborhood sense of community in the NR District, delete Church, rectory, parish house, convent and monastery, temple, synagogue and like religious uses from the Permitted Uses in the NR District. Motion 2. In the interest of adhering to the equal treatment provision of the law, retain Church, rectory, parish house, convent and monastery, temple, synagogue and like religious uses as a Permitted Use in the RR District. 5

6 D. Public Hearing- Discuss and Vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning of Town Code related to the development of sub-standard lots. The commission discussion on this issue was aided by public input on the challenges faced by about a dozen or so sub-standard lots some only 50 x 50 in the Read/Dover neighborhood, for which compliance to required yard setbacks would make renovation/redevelopment infeasible. 3 Although these owners could rebuild in the case of loss by flood, fire or termite destruction, these property owners could not renovate/remodel/expand in any manner that further encroaches in the current code setbacks (could not increase floor area). However, there was disagreement between the Town Code Enforcement Officer and P&Z Counsel whether or not raising a structure to meet FEMA requirements upon expansion, would be viewed as further encroachment. Public input included an informal survey of three properties at Read and Dover. As now, the setbacks in place for properties smaller than 5,000 s.f., are smaller than for the standard 5,000 s.f. lots. Imposition of standard setbacks on a 50 x 50 lot, results in 76% of the land area not being available to the building footprint (i.e., being part of the required yards). Upgrades on these under-sized lots, when triggering the required raising to FEMA standards, has resulted in several boxes-on-stilts. Additionally, it was noted based on structural considerations that many of the existing buildings cannot be raised onto stilts. Although no clear solutions were made, it was suggested that the commission consider some maximum percentage of lot area that would be required for setbacks, or permit those sub-standard properties abutting onto Read Avenue have a required front-yard setback of 0 (There is a significant right-of-way between the front lot line and paved portion of Read). The Town Building Official spoke to the need for 16 inter-building spacing for fire considerations. He also detailed several instances of houses on such sub-standard lots that went before the Board of Adjustment for relief. There was general commissioner feeling that P&Z cannot write zoning code for individual properties, and that this might best be left to BOA. In the commission discussion following the Public Hearing, it was realized that this is a complex issue, and that more information is required including learning about DEL DOT plans for future expansion or realignment of Read Avenue, and the thinking of BOA on this issue 4 to formulate appropriate and responsible recommendations. A motion to table this discussion to a future meeting was made, seconded and passed by unanimous voice vote (5 ayes, 0 nays), and the members of the P&Z were tasked to walk around this neighborhood before the next meeting, to investigate the current situation and try to formulate possible solutions. Adjournment Motion. A motion was made to adjourn, seconded and passed by unanimous voice vote. 3 Submission from Graham Smith included in the Addenda. 4 J. Dedes was tasked to talk to the Chair of BOA to see how they think about this issue. 6

7 TOWN OF DEWEY BEACH 105 RODNEY AVENUE DEWEY BEACH, DE Addendum 1 Agenda Details AGENDA FOR THE DEWEY BEACH PLANNING AND ZONING PUBLIC HEARING TO BE HELD AT THE LIFE SAVING MUSEUM - #1 DAGSWORTHY AVENUE DEWEY BEACH, DE ON SATURDAY, FEBRUARY 7, 2009 AT 2:00 PM PERSONS WITH DISABILITIES REQUIRING SPECIAL ACCOMMODATIONS PLEASE CONTACT THE TOWN HALL SEVENTY-TWO (72) HOURS IN ADVANCE AT (302) Opening 2. Pledge to the Flag 3. Roll Call 4. Minutes of November 29, 2008 Meeting 5. Old Business 6. New Business A. Public Hearing Discuss and vote on recommendations to the Town Commissioners on a Conditional Use Application submitted by the Dewey Beach Lions Club for development of a club house structure located on McKinley Ave. in the (RB3) district. B. Public Hearing Discuss and vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning Standards related to tiered setbacks, roof decks, and parking requirements for residential-use structures. C. Public Hearing- Discuss and vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning of Town Code related to retaining Church, Rectory, Parish House, Convent and Monastery, Temple, Synagogue and like religious uses as a permitted use in a residential district. D. Public Hearing- Discuss and Vote on recommendations to the Town Commissioners related to amendments to Chapter Zoning of Town Code related to the development of sub-standard lots. 7. Adjournment (time) The agenda items, as listed, may not be considered in sequence. This agenda is also subject to change to include additional items, including Executive Sessions or the deletion of items, which arise at the time of the meeting. This meeting of The Dewey Beach Planning and Zoning Committee is a Public Hearing. Public comment will be allowed. For persons who wish to make comment on any agenda item, but are unable to attend, written comments will be accepted at Town Hall. Written comments may be mailed, ed or hand delivered but in any case should be addressed to Planning and Zoning and must be received by 4:00 PM Thursday, February 5, Requests to be placed on the agenda must be sponsored by a Commissioner and must be in writing. 7

12 Lot dimensions represent the actual dimensions of three lots which can be found at or near the intersection of Read and Dover in the Resort Residential district. Addendum 3. Lot Size Examples RR District Setbacks Revised Reduction Width Length SqFt Side FrBk Width Length SqFt SqFt Pct % % % NR District Setbacks Revised Reduction Width Length SqFt Side FrBk Width Length SqFt SqFt Pct % % % Abutting a side street NR District Setbacks Revised Reduction Width Length SqFt Side FrBk Width Length SqFt SqFt Pct % % %

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