By Georgia Leonhart, Cape Gazette
An attempt by the Dewey Beach Town Council to vote on a proposed townwide floor area ratio of 1.2 was thwarted Saturday, April 5, in part because no one had a copy of the proposed ordinance.
That met with criticism from residents.
“There’s only two items on this agenda. We should have had the ordinance. This is ridiculous,” said area resident Marcia Schieck.
“We don’t have an ordinance to look at, evaluate or compare. It’s a moving target that could result in hundreds, thousands or millions of dollars in lost property value,” said Shawn Tucker, attorney for Dewey Beach Enterprises, the entity that owns Ruddertowne.
“It’s a screw-up,” said Commissioner Diane Hanson.
Despite a debate that has been continuing for many months, others said they were concerned the council was considering a vote just after having consultant Christopher Fazio make a presentation defining floor area ratio (FAR).
Floor area ratio is obtained by dividing the total floor area of all buildings on a property by the square footage of the lot, said Fazio, representing town planners Remington, Vernick & Beach, Engineers.
Complicating the apparently simple definition are changes attributable to the uses to which properties are put. A FAR ordinance may also offer exclusions for such things as attics, basements, accessory off-street parking and loading spaces, mechanical utility equipment areas, restrooms, stairs, and open-air and unenclosed decks.
FAR supporters say an interim FAR is required to ensure that Dewey’s architectural character and beachy streetscape remain unchanged until a new zoning code is approved at the end of this year. But some commissioners don’t think a FAR is needed now, no matter how it is defined.
“Don’t current building setbacks, building height and parking requirements take care of it?” asked Commissioner Dale Cooke.
“Yes,” Fazio answered after estimating that all recent commercial development in Dewey had floor-to-area ratios of less than 1.2, which would allow the floor area of the buildings to be 20 percent larger than the lot area. Based on current setbacks, parking and other requirements, he said he found it hard to get up to 1.2 and does not believe anyone would be able to exceed 1.2 by any great amount.
If current regulations impose a de facto 1.2 FAR, some supporters said that passing a referendum making it official should make no difference. “No one has explained the harm of putting in 1.2,” said resident Courtney Riordan.
Others disagree. “We don’t need another tool. Parking, setbacks and tiers seem to be taking care of it,” said Sea Esta Motel owner George Metz. “This whole FAR thing is a stupid way to go.” A 1.2 FAR will also limit creative property use, Metz said.
“The issue is property value,” said Steve Montgomery, Starboard Restaurant owner. He said he uses his property value to collateralize other projects. “Wilmington Trust says we can lose 30 percent of our property value if you approve a 1.2 FAR.”
Residents and their representatives said they were also concerned the council might vote before Fazio presented information previously promised, such as realistic examples of floor-to-area ratios for four-story structures and for structures on large lots. They also said comparisons of permissible property uses under the current town code and the proposed 1.2 FAR were to have been provided. Those supporting the interim FAR said they want to get through the summer and preserve the town.
Mayor Dell Tush said she is concerned that Dewey will become overdeveloped. “We don’t want to lose the character of the town to McMansions,” she said.
“I keep hearing about preserving the town, but two of three districts don’t have a FAR now,” said Cooke.
In response to a statement that the interim FAR affects commercial districts and not residential districts where McMansions may be a concern, Tush said she ultimately wants a lower FAR in the residential districts.
Emphasizing it was being rescheduled for the third time, Tush recommended the matter be placed on the agenda for the next meeting. The council unanimously agreed.
The matter is scheduled for the town council meeting to be held at 9 a.m., Saturday, April 12, at 1 Dagsworthy St. Fazio is to present the requested comparisons and examples before a vote is taken.
Contact Georgia Leonhart at g.l.leonhart@comcast.net