planning commission meeting - 08 mar 2019

Planning Commission

229 Rehoboth Avenue P.O. Box 1163 Rehoboth Beach, Delaware 19971

City of Rehoboth Beach

Telephone 302-227-6181 www.cityofrehoboth.com

PLANNING COMMISSION

Regular Meeting

City Hall Commissioners Room, 2nd Floor

Friday, March 8, 2019; 1:00 p.m.

AGENDA

Page

1. Call to Order 2. Roll Call 3. Verification of Meeting Notice - A. Womack 4. Approval of Minutes - Meeting held on February 8, 2019 5. Correspondence Correspondence re Clear Space - November 2018

Correspondence re Clear Space - February 2019

Correspondence re Clear Space - 03 Mar 2019




3 - 34

6. Old Business 7. New Business 8. Other Business A. 2020 Comprehensive Development Plan (CDP)

1. Data Reveal - KCI Consultants, Debbie Pfeil & Lauren

Good.

2. Continued discussion of CDP Survey - Scope, Target

Groups & Method(s).

3. Discuss tentative CDP Workshop(s) - Subjects & Dates.

Outreach Presentation Final - 08 Mar 2019

35 - 49

B. Clear Space Project

1. Discuss and evaluate tasks and potential recommendations

to the Board of Commissioners related to Special Zoning

designation and parking requirements for Clear Space.

These tasks for the Planning Commission were requested by

the Board of Commissioners at its February 4, 2019

Workshop Meeting.

Clear Space Theatre Company New Facility Feasibility Study - 11

Feb 2019

Remarks & Slides received March 7, 2019 from Mark Betchkal re

50 - 65

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Clear Space Theatre C. Report on February 21, 2019 "Water Workshop" sponsored by City of Lewes

Planning Commission. D. Building Inspector's Report

Building Inspector Report

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E. City Solicitor's Report F. Any relevant information related to the Planning Commission resulting from the

Mayor & Commissioners' meetings. G. Future Planning Commission Meetings

1. Discuss possible agenda items for the next Regular Meeting scheduled for

April 12, 2019. H. Report of any new applications that may have been timely submitted. 9. Adjournment

AGENDA ITEMS MAY BE CONSIDERED OUT OF SEQUENCE

[Time may not allow for the consideration of all agenda items.]

*For additional information or special accommodations, please call (302) 227-

6181 (TDD Accessible) 24-hours prior to the meeting.

amw: 02/28/19; posted 02/28/19

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From: Mark BetchkalTo: Ann WomackSubject: A letter to the City Planning Commission Re: Clear SpaceDate: Friday, November 09, 2018 4:34:51 PM

To The Planning Commission Regarding the Clear Space proposal for lots413, 415, 417 Rehoboth Avenue.

Our city zoning code is an agreement that we’ve made with each other.

The code tells every member of the community what can and cannot happen intheir neighborhood.

In 1970 the city commissioners amended the 1941 code to reducecommercial building heights from 85 feet to 50 feet.

Five years later after first rejecting a reduction of commercial building

heights to 35 feet, the city commissioners unanimously voted to reducecommercial building heights to 42 feet.

The Clear Space proposal is a 48-year step backwards to building heightsthat exceed 50 feet. It is a 43-year step backwards to building heights thatexceed 42 feet.

The exceptions to the code that the Clear Space proposal requires, notonly violates the current code, but violates the very purpose of the code, whichreads:

The purpose of these regulations and restrictions is to lessen congestionin the streets,

to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air,

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mailto:[email protected]


to prevent overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water,

sewerage, schools, parks and other public requirements. The regulations are made within reasonable consideration, among other things,as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the mostappropriate use of land throughout the municipality. Let’s consider the proposed theater against the stated purpose of the code. Regarding traffic congestion:

Can we argue a 300-seat theater at the proposed location will lessencongestion? We need a traffic and parking impact study. Will it be 5 cars or150 cars coming around the traffic circle at show time?

Will cars be backed up Rehoboth Avenue to make a U-turn at fifth streetto access the proposed garage?

How many cars will be turning left on fifth street or turning downColumbia Avenue or Sussex Street in search of parking? Will this traffic blocktraffic entering the city via the traffic circle? We do not know.

We need an independent traffic & parking study, performed by a

licensed traffic engineer, to provide insight to the possible effects of increasedvehicle traffic in a very narrow area of the city. Because if we get it wrong, itwill always be wrong.

And where will this traffic go? At Clear Space’s current location, on the

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ocean block of Baltimore Avenue, there are 88 parking spaces -- excluding the30 minute parking spaces. By comparison, the first block of Rehoboth Avenuehas only 24 parking spaces.

In the neighborhood which surrounds the proposed theater, which Idefine as Rehoboth Avenue to the South, Henlopen Avenue to the north,fourth Street to the east, and Grove Street to the west, there areapproximately 390 parking spaces. By comparison, the two blocks of BaltimoreAvenue offers 128 parking spaces (excluding 30-minute spaces). On justBaltimore Avenue there are 1/3 of the parking spaces that are in the residentialneighborhood behind the proposed theater.

Unlike the commercial area surrounding Clear Space’s current location,which has considerable parking turnover as people come and go from the manycommercial establishments, the area behind the proposed theater isresidential.

A car parked in a residential area is parked there because its owner is

occupying one the homes. The cars are not coming and going from restaurantsand stores, rather they are parked for days or weeks. I fear Clear Space willengender endless traffic congestion as vehicles circle looking for parking that isnot there.

We know from the recently issued report of the parking commission

people want to park within 1-2 block of their destination. They will circle andcircle for parking that is not there.

Regarding the code’s provision to provide adequate light and air and toprevent overcrowding of land:

Can it be argued that a 25,000 square foot structure, 54 feet tall, located6 feet from the adjoining residential neighborhood will promote adequate lightand air? Quite the opposite. A 54-foot-tall structure, 6 feet off the propertyline, will cast a constant shadow on the neighboring homes.

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As for the near total lot coverage -- that defines overcrowding. Theproposed site is currently primarily permeable surface. What will happen tothe rain that now seeps into the ground? We need a study of the effects ofrain water runoff on the neighboring properties.

As to another purpose of the code. “conserving the value of buildings.”Can it be argued that the proposed theater will not harm the value of thehomes it will overshadow? What will it do to operations and value of the$48,000 solar panel system on my roof behind the proposed theater? Thatsystem was installed with the understanding of a 42-foot height limit: thestated rules of the code.

Another purpose of the code is “encouraging the most appropriate useof land throughout the municipality”

Can it be argued that the theater proposal is the most appropriate use ofthe land? The proposed site is surrounded by residential units. To the east isthe Ark. To the west are mix use commercial and residential properties thatinclude 7 apartments. Behind the Rehoboth Avenue lots is Sussex Street whichis a mix of single family and multi-family residential structures. Including thePrintz Motel which is no longer caters to a tourist population, but rather tolong-term tenants in efficiency apartments.

Precedent suggests that the theater proposal it is not the mostappropriate land use. In February 2003, the city commissioners voted 6-1 torezone the west end of Columbia Avenue between Felton and Grove Streetfrom C3 to R2 to protect the residential character of the neighborhood. As onecommissioner said at the public hearing the day of the vote “zoning shouldreflect the character of the neighborhood” and speaking of Columbia Avenue,he continued “This is clearly a residential neighborhood. Commercialdevelopment would clearly impact density, open space, light and air, andincreased traffic issues could seriously increase congestion.”

The exact argument can be made today for the parcel in question.

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The city commissions acted again April 2006, rezoning Sussex Street fromC1 to R2. They acted to protect the residential status of the neighborhood. Asin the case of the Columbia Avenue rezoning they acted to protect what asthere from what could be there. They declared this is a residentialneighborhood and restricted commercial development.

Now is not the time to consider unprecedent variances that would causetraffic congestion, noise, and reduced quality of life to a quiet residentialneighborhood, Rather it is time to rezone 413, 415, & 417 Rehoboth Avenue toreflect its neighborhood. These lots should be zoned for single family, multifamily, and/or mixed use commercial and residential development. That afterall reflects the neighborhood around them.

Beyond the unsuitability of the location. I have other concerns.

How will this building be used and when will it be used? The plans I haveseen show a third-floor terrace and rehearsal space. Why would there be theneed for a rehearsal space? After all, there is a theater to rehearse in. UNLESSis there a plan to use the theater space for other events during the day?

Do we have any guarantee that the theater use will be limited to ClearSpace performance events only? And only at certain times? Will the space berented for conferences, lectures, or as a class room during the day and nightswhen the theater is dark? Will it be rented as a rehearsal space for other artsorganizations during the day? If that is the case, we need to consider thetraffic patterns and parking issues for daytime use.

Imagine the traffic and parking issues if 300 people arrive at the theaterTuesday at noon when the Farmers’ market is if full swing.

As for the roof top terrace. That is superfluous. There is not compellingneed for that cast a shadow on its neighbors.

Also the mechanical system to heat and cool a 25,000 square foot

structure can’t be quiet. Yet these systems are set at the back to disturb the

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residences behind the theater.

As for the partial underground parking, such a structure is just a series ofnoise ordinance violations waiting to happen. Two cars back out at the sametime. A horn goes off. That noise will echo in the garage and noise will crossthe property line and that is a violation of the noise ordinance. The parkinggarage should be completely underground and insulated for noise and insultedfor ventilation noise.

And there is the issue of the large pine tree that will have to beremoved.

The mission of the tree ordinance, the noise ordinance, and the zoningcode will all be negated if the proposed theater is allowed.

Has there been any consideration should Clear Space fail? If it were to,the entrance of our town will be a large empty single purpose building. An alternative vision is a more sensible use of lots 413, 415, & 417 RehobothAvenue: rezone it for single/multifamily residential, or mixed use commercialand residential. That, after all, reflects what is already there. Mark Betchkal, Yes Marketing LLC, 98 Sussex Street, Rehoboth Beach DE 19971Phone: [email protected] The Pleasurable Table (cookbook) now available on Amazon.

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http://www.yesmarketingllc.com/

On Feb 4, 2019, at 8:06 PM, Mark Betchkal <[email protected]> wrote:

To the planning commission, I am forwarding you a letter I sent to the city commissioners following today’s meeting regarding Clear Space. At today’s meeting the commissioners sent the matter back to the planning commission noting that Clear Space was on your agenda for this coming Friday. While Clear Space may be on your agenda for this Friday, developments from today’s commissioners’ meeting occurred outside of the window public notice. Your notice was clearly to discuss the proposition of a proposed zoning change. I trust that Friday’s meeting will not become a discussion of the new plans that Clear Space intends to present to your committee. There has not been the necessary public notice. I attended the last PC meeting where it was made clear that the details of any Clear Space plan would not be on this week’s agenda. As I am leaving for a week vacation Tuesday, February 5, I would like clarification on this matter before I board my plane at 2:00 pm. Thank you, Mark Betchkal Yes Marketing LLC Phone: 202-903-6933 [email protected] From: Mark Betchkal <[email protected]> Sent: Monday, February 4, 2019 5:42 PM To: 'Paul Kuhns' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]> Subject: Profound disappointment Dear Commissioners, For the record Wesley Paulson did not reach out to me. I reached out to him and asked to meet with him to discuss possible design changes that could turn the residents on Sussex Street into advocates of Clear Space on Rehoboth Avenue. When I asked for a meeting, Wesley Paulson quickly agreed to meet Tuesday, January 29, at my home. But note the outreach came from me, not Clear Space. The design that Wesley presented at the commissioners’ workshop today looked NOTHING like what Wesley and I discussed January 29. We discussed ways to provide more light onto the homes on Sussex Street and reduce the overall bulk of the building. Specifically, we discussed: Eliminating the parking garage.

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Pushing the rear of the building an additional 6 feet off the property line for a 12-foot set back. Eliminating the parking garage would push the building further west and south and reduce the bulk of the building directly out our doors and eliminate the noise of a parking garage. Reduce or eliminate the third floor in the rear of the building to allow more light to land on the houses on Sussex Street. It appears that none of these design elements were included in today’s presentation. My disappoint was profound. Clear Space says they want to work with the us, but in fact Clear Space is only theater of concern and compromise, not real concern and compromise. Mark Betchkal, Yes Marketing LLC, 98 Sussex Street, Rehoboth Beach DE 19971 Phone: 202-903-6933 [email protected] www.YesMarketingLLC.com

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From: Mark Betchkal <[email protected]> Sent: Tuesday, February 26, 2019 7:13 AM To: Ann Womack <[email protected]> Cc: Paul Kuhns <[email protected]>; [email protected] Subject: FW: Profound disappointment Ann, I submitted the letter below as public comment for the February 8 planning commission meeting. It was not introduced as such at that meeting. I cc’ed the major and the chairperson for the meeting, who are cc’ed again today. As you can see below the mayor acknowledge receipt of my letter. I’d like it read into the public comment at the March 8 meeting of the planning commission. Mark Betchkal Yes Marketing LLC Phone: 202-903-6933 [email protected] From: Paul Kuhns <[email protected]> Sent: Tuesday, February 5, 2019 9:34 AM To: Mark Betchkal <[email protected]> Cc: Sharon Lynn <[email protected]> Subject: Re: Profound disappointment

Thank you.

From: Mark Betchkal <[email protected]> Sent: Monday, February 4, 2019 8:06 PM To: Ann Womack Cc: [email protected]; Paul Kuhns Subject: FW: Profound disappointment To the planning commission, I am forwarding you a letter I sent to the city commissioners following today’s meeting regarding Clear Space. At today’s meeting the commissioners sent the matter back to the planning commission noting that Clear Space was on your agenda for this coming Friday. While Clear Space may be on your agenda for this Friday, developments from today’s commissioners’ meeting occurred outside of the window public notice. Your notice was clearly to discuss the proposition of a proposed zoning change. I trust that Friday’s meeting will not become a discussion of the new plans that Clear Space intends to present to your committee. There has not been the necessary public notice.

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I attended the last PC meeting where it was made clear that the details of any Clear Space plan would not be on this week’s agenda. As I am leaving for a week vacation Tuesday, February 5, I would like clarification on this matter before I board my plane at 2:00 pm. Thank you, Mark Betchkal Yes Marketing LLC Phone: 202-903-6933 [email protected] From: Mark Betchkal <[email protected]> Sent: Monday, February 4, 2019 5:42 PM To: 'Paul Kuhns' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]> Subject: Profound disappointment Dear Commissioners, For the record Wesley Paulson did not reach out to me. I reached out to him and asked to meet with him to discuss possible design changes that could turn the residents on Sussex Street into advocates of Clear Space on Rehoboth Avenue. When I asked for a meeting, Wesley Paulson quickly agreed to meet Tuesday, January 29, at my home. But note the outreach came from me, not Clear Space. The design that Wesley presented at the commissioners’ workshop today looked NOTHING like what Wesley and I discussed January 29. We discussed ways to provide more light onto the homes on Sussex Street and reduce the overall bulk of the building. Specifically, we discussed: Eliminating the parking garage. Pushing the rear of the building an additional 6 feet off the property line for a 12-foot set back. Eliminating the parking garage would push the building further west and south and reduce the bulk of the building directly out our doors and eliminate the noise of a parking garage. Reduce or eliminate the third floor in the rear of the building to allow more light to land on the houses on Sussex Street. It appears that none of these design elements were included in today’s presentation. My disappoint was profound. Clear Space says they want to work with the us, but in fact Clear Space is only theater of concern and compromise, not real concern and compromise.

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Mark Betchkal, Yes Marketing LLC, 98 Sussex Street, Rehoboth Beach DE 19971 Phone: 202-903-6933 [email protected] www.YesMarketingLLC.com

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From: lisa myersTo: Ann WomackSubject: Clear Space Theatre ProjectDate: Sunday, March 03, 2019 11:47:36 AM

We would like to take a minute to show our support of the Clear Space Theatre Project that isbeing proposed to be built on the 3 properties on Rehoboth Avenue.As current resident's and business owner's within the city limits, we are very interested inkeeping local business, entertainment, and cultural events in town. We keep watching the citylose some landmark attractions, including major businesses, churches, and many duplicaterestaurants to the "highway". We are beginning to be concerned as to the direction our citymay be heading.We believe the Clear Space Theatre needs to stay in town, so we can keep a valuable asset asan additional attraction to our city. They bring in a diverse upscale clientele from surroundingareas that do not normally come in to our town. This in turn brings different customers to ourrestaurants, lodging, and shops and promotes supporting local businesses.The current Clear Space Theater on Baltimore Avenue offers no parking, and patrons competefor parking spaces with the boardwalk, Funland, and general Rehoboth supporters at the eastend of Rehoboth Avenue. We are being told that the new space will provide approximately25-30 parking spaces. It will also generate some additional revenue to the existing meteredparking that is under utilized at the western end of Rehoboth Avenue.Please try to accommodate the Clear Space Theatre project, so they can remain in town andcontinue to be a positive entity to the city and the community.

Lauren and Lisa

the pelican loft

Lauren and Lisa

the pelican loft

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From: Bo Lauder <[email protected]> Sent: Tuesday, March 05, 2019 7:18 PM To: Ann Womack <[email protected]> Subject: Fwd: Monday's Commissioner's Workshop Letter you sent Dear Ann: Would you please send this along to each Planning commissioner? It contains letters I’ve written to Commissioners and the RBHA. Also, if it could be added to the official record, I would appreciate it. These letters reflect my sentiments about the proposed Clear Space Theater and I would like them shared with members of the Planning Commission before Friday’s meeting. Thanks and best, 96 Sussex St.

Dear RBHA Members: With respect for your time, I ask that you read the letter below, which I have sent to all Commissioners. I hope and trust that the plight of those who live and make the area around the intersection of Columbia and Sussex Street will resonate with you. Collectively, we have lived here decades and the Clear Space plan has been a blow to all. I hope that you will help insure that proper process is followed and all regulations adhered to. Keeping Rehoboth’s charm and scale as an intimate beach resort has been often discussed in the past decade. Is this large project to set back all the progress that has been made?

I will not be able to attend Monday’s meeting, but hope that this letter can speak for me.

Sincerely,

Robert Lauder

96 Sussex

———-

Dear Commissioners and Mayor: I write to you as an almost-twenty year home owner in Rehoboth Beach. My home, which sits at 96 Sussex Street, is a classic 1920’s bungalow. Over the years, my cosmetic renovations have been sensitive to the vernacular architecture of Rehoboth. When I bought my house, it was zoned commercial. When rezoning of that block of Rehoboth changed to commercial, I didn’t rush to take advantage and build out or as high as commercial zoning would have allowed. As a matter of fact I did nothing, except remove the asbestos siding and replace it with cedar shake siding. Now I am confronted with the possibility that my back yard, my garden, will become a dark canyon because Clear Space Theater proposes to build on the lots directly behind me with a building that could come up to my lot line, whose commercial refuse could draw rodents into my back yard where I spend most of my time and would tower over my cottage by over 50 feet. This is all a “taking” that would

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impact my property and enjoyment of it irreplaceably. I am not opposed to Clear Space, but I think there are more appropriate options: digging down, which many theaters do as light isn’t needed for the stage, build on Route 1, which has more parking, or find a space that would allow them to anchor an arts complex, attracting other arts organizations. I write to implore you to consider the wishes of the good citizens on Sussex Street, a quaint and historic neighborhood. I implore you to work with developers to use those parcels on Rehoboth behind our homes for something that would preserve the historic structures there and that would be in scale with the backyard neighbors. 96 Sussex is my home and my primary financial asset. As proposed, the Clear Space Theater would rob me of natural light, home equity, and peaceful enjoyment of my yard, among other things. I hope that commissioners, who in the recent past have been so devoted to preserving Rehoboth’s small town character will not allow special exceptions in terms of process and zoning rules to Clear Space. Granting these exceptions would be hypocrisy of a most dispiriting kind to citizens of our town. Thank you for your consideration. Robert (Bo) Lauder 96 Sussex Street

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From: Donna Pickett <[email protected]> To: mellendm <[email protected]>; mellendm <[email protected]> Sent: Tue, Mar 5, 2019 1:29 pm Subject: Concern about Clear Space Project

To: The Planning Commission From: Donna Pickett, Rehoboth Homeowner Subject: Special Zoning Designation and Parking for Clear Space Project I am a homeowner on 6th St, near the intersection with Grove, and I am extremely concerned about the impact the Clear Space Theater would have on me, my guests, my community, and the Rehoboth landscape as a whole. The proposed project is totally inappropriate for the location on Rehoboth Ave. Parking is already extremely limited in my neighborhood in summer. There is already gridlock around the traffic circle, where I and my neighbors regularly hear horns blaring and screeching wheels avoiding accidents, especially on Saturday when renters and day-trippers enter and leave town. I find it hard to believe that the Planning Commission would advocate to make the condition significantly worse.

The current parking restrictions of a parking space per 400 sq ft of floor area protects residential homeowners from such unreasonable, over-sized projects. The neighborhood simply cannot absorb the extra parking requirements, especially on weekends when Clear Space offers as many as 4 shows on a single Saturday. In addition, carving out an exception for a single organization, to meet its specific needs, is not the role of our city zoning. If we need a special arts zoning category, let’s have that discussion for the city as a whole not the special needs of one organization. And as you know, there is a 29,000 square foot parcel three blocks west that meets the needs of Clear Space that would

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not violate zoning codes, and would have less impact on the already overly congested downtown area. Sincerely, Donna Pickett 1D 6th St Rehoboth Beach, DE 19971

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From: Mark BetchkalTo: [email protected]: Ann WomackSubject: For the Public Record, March 8 Planning Commission Meeting Re: Clear SpaceDate: Tuesday, March 05, 2019 1:55:36 PM

To the Planning Commission, I recommend that each member of the Planning Commission download the USDA publicationCommunity Facilities Infrastructure Toolkit. The URL for this download is: https://www.rd.usda.gov/files/RDCFIToolkit_Jan2016.pdf The toolkit serves as a guide for developing community facilities and some steps are necessary forthe USDA Community Facilities Direct Loan program. Clear Space (CS) indicated, at its annualmeeting, that it is applying for this loan program. More than anything, the toolkit highlights themany information pieces necessary for the USDA to assess the project: Cost benefit analysis;A needs assessment;Market analysis including demand analysis, price analysis, long term operating budget;Audited financial statements;Descriptions of building use;Business plan;Certainty of revenue streams;Facility requirements;Market analysis;Operational costs;Site location.The USDA will require National Environmental Policy Act (NEPA) Environmental Review. Before the city alters the code or grants a variance (each in its own way is providing a grant to CS)the city should ask to see the CS USDA loan application and the information outlined above. TheUSDAapplication will show us the size, use, and impact of this facility. It might also lead CS to engage thecommunity in a discussion of the impact of the facility on the community and the necessity of thefacility at 413-17 Rehoboth Avenue. Up to now the information that CS has provide is little more than hearsay. Why is CS being considered an institution when it comes to regulations of parking spaces? BecauseCS says it is an institution. Why is CS a performing arts center that needs special definition in the code rather than a theaterwhich is covered by the code (270-13)? Because CS says that’s what it is.

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https://www.rd.usda.gov/files/RDCFIToolkit_Jan2016.pdf

Why is CS not building to code? Because CS says as a 501(c) 3 nonprofit it can’t afford to. Where isan account of CS’s financial position? CS says that 30 percent of its patrons, walk, take public transportation, or are dropped off at thetheater. CS said each performance will attract 40 cars. But CS presents no data to back up it claims. How many cars will a 300-seat theater bring to the city sometimes for as many as 4 performances aday? There is no data. We should not allow a massive project at the entrance to the city, and one that will forever changethe character of the long-established surrounding residential neighborhood, on hearsay. As the USDA will require, we need a traffic study, we need an civil evaluation that evaluates theimpact of the facility to its surrounding neighbors, and we need a long term plan from CS thatdemonstrates how CS can afford to build and maintain such a massive infrastructure and assure thecity will not be burdened with a tenantless single purpose facility at the entrance to the city. More important, if the City of Rehoboth Beach needs a new zoning designation of Performing ArtsCenter, rather than the current zoning we have for theaters (270-13), let’s have that discussion. Butlet’s not have a discussion to shoehorn Clear Space’s current design into a new zoning category anddefinition. We do not write the zone to meet the needs of building plans. Rather the zoning comesfirst and then the building is designed. Doing it the other way around is an afront and threat toevery land owner in the city. Zoning as we go threatens every residents’ quiet enjoyment of theirproperty. Mark Betchkal, Yes Marketing LLC, 98 Sussex Street, Rehoboth Beach DE 19971Phone: [email protected] The Pleasurable Table (cookbook) now available on Amazon.

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From: Paul KuhnsTo: Ann WomackSubject: Fwd: Clear Space Performance CenterDate: Friday, March 08, 2019 7:54:26 AM

Begin forwarded message:

From: Barry Covington <[email protected]>Subject: Clear Space Performance CenterDate: March 7, 2019 at 5:12:17 PM ESTTo: [email protected]: Paul Kuhns <[email protected]>, [email protected],[email protected], [email protected],[email protected], [email protected],[email protected], [email protected],[email protected]

Dear Chairman Mellen:

I’m writing to encourage you to support the application for Clear Space Theater to proceed with its construction plans on RehobothAvenue. This theater is an iconic presence in Rehoboth Beach and is a cultural asset that serves to showcase Rehoboth Beach as aclassic and cultural destination for beach goers. Many beach towns have the fast food venues, theme parks, arcades, etc., but fewhave a cultural center with the likes of Clear Space Theater. We are regular attendees and enjoy taking our grandkids to the playsthey put on. This allows us and our grandkids to take in a bit of upscale culture while they visit us here at R.B. and provides thegrandkids with the opportunity to attend well-performed shows. They are budding thespians and really enjoy going to the shows.And, we are walkers so parking is never a concern for us.

Thank you for you consideration.

Barry and Sharon Covington105 St. Lawrence StreetRehoboth Beach, DE 19971

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From: Bonnie & Glenn ShafferTo: Ann WomackCc: Wesley Paulson; [email protected]: Clear Space Planning Commission March 8Date: Thursday, March 07, 2019 10:16:34 PM

To: Mr. David Mellen, Chair of Planning Commission and all Planning Commissioners

This letter is to express my support of the new Clear Space Performing Arts Center. Itis important for Clear Space to have a quality venue to showcase their excellentshows and to facilitate community outreach.

I am a resident property owner in Rehoboth Beach, and a downtown location enablesme to walk to the theater. It makes it easy for me to volunteer as an usher. Inaddition, restaurants and merchants benefit from having theater-goers in thedowntown area.

For these reasons I strongly support a new Performing Arts Center in the city.

Sincerely,

Bonnie Shaffer

5 Newbold Square

Rehoboth, DE 19971

717-569-2519

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From: carl schloegelTo: Ann WomackCc: Cape Gazette; Wesley PaulsonSubject: Clear Space Planning Commission March 8Date: Thursday, March 07, 2019 9:25:15 PM

To: David Mellen, Chair Planning Commission, and all Planning Commissioners:

I continue to be excited about the prospect of a Clear Space Performing Arts Center on Rehoboth Avenue. Having the arts in the city for generations to come is clearly the only choice. Businesses come and go as youhave experienced. Having an anchor like an arts center at the gateway of Rehoboth Avenue is not onlywelcoming to the city but a very unique business opportunity for ongoing city revenue year round. Clear Spaceoperates Winter, Spring, Summer and Fall not with just stage productions but also providing arts educationprograms for all ages.

I ask you, the planning commissioners to evaluate long and hard on keeping this unprecedented gem in the citylimits.

Thank You,Carl M. Schloegel302-766-409537507 Kaitlyn Dr #10, Rehoboth Beach, DE 19971

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From: jerry strumTo: Ann WomackCc: [email protected]; Trish VernonSubject: Clear Space New TheaterDate: Thursday, March 07, 2019 6:19:46 PM

Council Members:

This is a letter of support for Clear Space proposal for a new theater to beconstructed on Rehoboth Avenue. The project seems a winning idea for allconcerned.

Clear Space has a significant history of adding to the community.:

The theater provides year-round live productions to residents and visitors. Thetheater adds vibrancy to the community in the "off season" which thusgenerates activity and revenue to businesses in the hospitality industry. Clear space has an active program that engages children and youth in ourcommunity. Engaging participants in the arts has been proven to improveacademic performance and social confidence.While Rehoboth has a very vibrant "season community", providing cultural andeducational opportunities to youth and adults is essential to the continuedstrength of a year-round community. The leaders of this community depend onthe dedication and engagement throughout the year to make Rehoboth Beacha great place to visit and a great place to live. Clear Space provides excellentlive-theater to our visitors and, maybe even more importantly, to our year-roundcommunity.The vibrancy and livability of a community is based on what a community hasto offer. How is live-theater at the beach and educational opportunities relatedto the arts anything but a huge positive for all of us?

Respectfully,Jerome and Carolyn Strum302-227-8218

Sent from Outlook

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http://aka.ms/weboutlook

From: Ida RoweTo: Ann WomackCc: Wesley Paulson; [email protected]: In support of the new, proposed, Clear Space Performing Arts CenterDate: Thursday, March 07, 2019 10:52:31 PM

To David Mellen, Chairperson, Rehoboth Beach Planning Commissionand to all Planning Commissioners,

I am writing again to express my household’s encouragement to you City Planning Commissioners to do the rightthing for Rehoboth Beach, the Delmarva Peninsula, and all of Sussex County in giving your full support and therequested financial "leg-up” to Clear Space Theater Company as regards their plan to establish a "state-of-the-art”performing arts center in the City of Rehoboth Beach. This would uncontestedly be the Crown Jewel of RehobothBeach and all of Sussex County when anyone would web-search for things-to-do or places-to-see in SouthernDelaware, with the possible exception of the Rehoboth Beach Boardwalk and of course the beach itself. In oneaction, The City of Rehoboth Beach could soon see Live Theater in a new state-of-the-art Performing Arts Center,where prospective actors, local high school and nearby college students, as well as Actor’s Guild artists can registerfor classes and share their skills with the Rehoboth community, work and shop in the Rehoboth area, and drawparticipants from all corners of the U.S. Northeast and Mid-Atlantic States as a stepping stone to New York,Broadway, and Hollywood.The City of Rehoboth is always thinking about, and working toward, bettering and improving everything about itself— in this case, the support that is being sought is extremely inexpensive compared to the product and return of whatClear Space Theater Company will establish for generations-to-come at the entrance to Rehoboth Beach to impressand welcome visitors and tourists as they embark on Rehoboth Ave. It will also be a sophisticated highlight for thesummer’s evening/nightly entertainment scene, drawing from such competitors as The Midway Theater and venuesin the Ocean City, Md. area.I humbly suggest that this must be the easiest and least expensive way that Rehoboth Beach can promote itself to avast audience in practically no time at all, since Clear Space Theater Company has already begun to design andrefine their capital improvement plan in order to make this dream come true in our area.Do you want to ascend on the ladder of Sophisticated Entertainment and Nationally Famous Venues, along with TheRehoboth Film Festival and The Rehoboth Jazz Festival, not to mention The Harry K and Henlopen State ParkChocolate Festivals, and the up-and-coming Henlopen State Park Winter Wonderfest ? Please lead SouthernDelaware into the future.

Thank you for your time and effort.

Jeffrey & Ida Rowe

please consider our personal information as confidential :20448 Old Meadow Lane (in Harts Landing)Lewes, De. 19958516-565-1366

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From: Paul KuhnsTo: Kevin CulleyCc: Ann WomackSubject: Re: Clear Space Theatre Proposal - Letter of SupportDate: Friday, March 08, 2019 7:45:26 AM

Thank you.

From: Kevin Culley <[email protected]>Sent: Thursday, March 7, 2019 7:53 PMTo: [email protected]: Paul Kuhns; Sharon Lynn; Stan Mills; Stephen Scheffer; Pat Coluzzi; Lisa Schlosser; Toni Sharp;Richard Byrne; Ann Womack; [email protected]: Clear Space Theatre Proposal - Letter of Support Good evening David -

I wanted to take a brief moment to send a note in support of the proposed Clear SpaceTheatre expansion/relocation.

At its core, Rehoboth is a community, and Clear Space is ADDITIVE to our community. Thesense of family and the depth of offerings are the main reasons that we built our dream houseon Laurel Street in Rehoboth, for our family to enjoy for years to come. In years past, we haveseen the plays at its current location, and imagined what more it could be.

As a native New Englander, I grew up spending portions of my summer in Ogunquit, Maine, acommunity similar to Rehoboth in many ways. The Ogunquit Playhouse is a fixture in thecommunity, and I have fond memories of seeing plays as a kid, learning manners and how toact, and what a play actually is. Regardless, I dont think Ogunquit would be the sameWITHOUT the Playhouse.

I think that this new location/expansion that is being proposed for Clear Space could be soadditive to the community, in a similar way that the Playhouse is to Ogunquit, that it would bea massive miss to allow the opportunity to fall by the wayside.

We hope that you all support such a positive development for the community.

All my best,

Kevin Culley 110 Laurel Street

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From: Megan KeeTo: [email protected]: Paul Kuhns; Sharon Lynn; Stan Mills; Stephen Scheffer; Pat Coluzzi; Lisa Schlosser; Toni Sharp; Richard Byrne;

Ann Womack; [email protected]: New Clear Space Performance CenterDate: Thursday, March 07, 2019 6:45:03 PM

To Whom it May Concern,

My name is Megan Kee and I am a lifelong resident of Coastal Delaware, living most of my life in Rehoboth Beach.I currently reside at 315 Rehoboth Avenue directly above my restaurant, Houston White Co. I would like to sharewith you my experiences in our lovely town in relationship to the theater.

As a kid growing up in Rehoboth, I had a wonderful upbringing. The beach and the boardwalk were safe andpleasant and there was a candy shop on nearly every corner- what more could a kid want? As I got older and mydesires grew, I began to crave additional culture. I often wondered why such a vibrant community had yet to build atheater? We had wonderful restaurants, an awesome jazz festival, the best mix of residents and visitors, summernight life for adults and kids, several holiday festivities, and of course, the chocolate festival. A theater would be anatural fit!

When I came home from college to plant roots in our town as an adult, I was pleased to find that a theater for thearts had emerged in the former Methodist Church. As a small child, my grandmother and I would attend thechurch’s summer fairytale series of live shows, mostly puppets. It was the closest I had gotten to theater in town as akid and thought, what a happy location for the new theater of the arts! As years went by, the management of thetheater changed and I delighted in watching the positive transformation.

Several years later, I was fortunate enough to open my French restaurant La Fable, located at 26 Baltimore avenueand directly next to Clear Space Theater’s current location. In a short span, we have become more than neighbors,we have become friends. We appreciate each other’s goals and pride in each other’s achievements. I have watchedexuberant kids and young adults pour out onto the sidewalk in their costumes, greeting their audiences with prideand excitement. The shows are well managed and received with high accolades by every patron I have asked. Thetheater has been nothing but courteous, supportive, and respectful to all of their surrounding neighbors, adding joyand respect to our little slice of Rehoboth.

That being said, I am sad to see them move, but know that their endeavors are far greater than anything they couldachieve in their current location. Furthermore, I am grateful that their desired location is close to my home and otherbusiness, Houston White Co.. I am excited for their renderings to become a reality and hope that they remain pillarsof the community for years to come.

A few final notes- It is unsustainable to think that the theater can remain where they are on Baltimore Avenue due tothe simple fact that they do not own the building. There is no security at that location. We as a community should bepleased that they want to remain in city limits! If the theater is unable to take over the underutilized properties onRehoboth Avenue, they will most likely have to look for alternatives and possibly outside of town. With as muchbad press as Rehoboth has recently received, it would be a shame to add to it the loss of our local theater. Finally, Ihave waited a lifetime to see the west end of Rehoboth Avenue grow and to see that growth halted, would bedevastating to myself and the townspeople, whether they realize it or not. If we deny the theater this location, atsome point something will be built there. This is an opportunity to allow for a building and business to takeover thelocation that has the entire community in mind. I assure you, something commercial WILL be built there, why notthis? I hope that our town and it’s people has the foresight to recognize this.

Thank you for your time.

Sincerely,

Megan Kee

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From: Paul KuhnsTo: Roseann RoccaroCc: Ann WomackSubject: Re: Clear Space TheatreDate: Friday, March 08, 2019 7:47:11 AM

Thank you.

From: Roseann Roccaro <[email protected]>Sent: Thursday, March 7, 2019 9:43 PMTo: [email protected]: Paul Kuhns; Sharon Lynn; Stan Mills; Stephen Scheffer; Pat Coluzzi; Lisa Schlosser; Toni Sharp;Richard Byrne; Ann Womack; [email protected]: Clear Space Theatre Good Evening Mr. David Mellen, Chair of the Planning Commission and all PlanningCommissioners, I understand tomorrow the Planning Commission is meeting to discuss the new ClearSpace Performance Center matter. My wife and I are would like to communicate our strong support for the brand newperformance art center in the heart of downtown Rehoboth Beach. Clear SpaceTheatre Company recently announced it intends to stay in downtown RehobothBeach, unveiling ambitious plans for a 300-seat theater on Rehoboth Avenue. Theircurrent location on Baltimore Avenue has no parking. This first class facility will notonly draw artists and audiences into town year-round and enhance the entrance intoour City but will provide a long-term future for Clear Space and will allow Clear Spaceto continue to train many performers as well as continue to give our residents,patrons, and tourists joy through all their wonderful productions. Along with theUniversity of Delaware and all the many wonderful and talented artists in theLewes/Rehoboth area, Clear Space Theatre is among the most prestigious andimpressive attractions in Sussex County. While there are issues to resolve, we applaud the commitment of Clear Space toremain downtown. We support Clear Space in that it would make a contribution tothe city, perhaps leading to an art district in Rehoboth that would benefit the entireeconomy of the city. Clear Space is a modern, first-class theater which will drawartists and audiences into town year-round, highlighting Rehoboth as the crown jewelof Delaware’s resort destinations, not only for its beaches and restaurants but also forits performing arts. As property owners, patron of the arts, and constant patron ofRehoboth Beach businesses, we implore you all to be the supportive leadership weneed in the city to keep this precious jewel in town and in the forefront of our tourists. Have a wonderful rest of your evening.

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Warm Regards, Maritza Borges & Roseann RoccaroProperty Owners of 32 Olive Avenue, 103 Rodney Street

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From: cd cinnamonTo: [email protected]: Paul Kuhns; Sharon Lynn; Stan Mills; Stephen Scheffer; Pat Coluzzi; Lisa Schlosser; Toni Sharp; Richard Byrne;

Ann Womack; [email protected]: Support for Clear Space Performance CenterDate: Friday, March 08, 2019 8:29:18 AM

Good morning. I am writing to you in total support of the proposed Clear Space PerformanceCenter. I am also writing to you as a mother whose child, now a college freshman, was set onher path by Clear Space Theatre.

We moved to this area from DC back in 2007. Almost immediately, my daughter becameactive with Clear Space. She attended numerous camps and classes throughout elementaryand middle school; she's also appeared in at least a dozen main stage shows. She has madefriends, learned life skills such as the ability to speak in front of an audience, and was soinspired by one of her teachers, Erin Bobby, to pursue a double major in Drama and English atHofstra University.

I believe the Clear Space Performance Center would greatly benefit not only the town ofRehoboth but the entire area. The center has the potential to offer a creative outlet for areachildren, young adults and adults as well as continue to expose this area to the wonders of theperforming arts. AND the increase revenue the center could bring into the community fromnot only the summer visitors but locals as well.

Please support the Clear Space Performance Center.

Sincerely,

Cynthia Drews CinnamonPO Box 347Rehoboth Beach, DE

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From: Jeffrey ScottTo: Ann WomackCc: [email protected]; [email protected]: The New Clear Space Theatre!Date: Friday, March 08, 2019 8:13:35 AM

Greetings.

Just wanted to write and express my enthusiasm for the planning of the new location forour amazing Clear Space Theatre!

The theatre adds so much to our community! I thought it was particularly noteworthythat they allowed the students from the Sussex County Tech School to perform“GodSpell” there over the recent holiday weekend in February. A truly inspiration showwith a most talented cast of young actors. The enthusiasm by the students attending theproduction was an experience itself. The kids on stage and off were thrilled. There wassuch a wonderful feeling of community that night.

The theatre is a gift to all of Sussex County and a new, improved location would benefitus all.

The existing location is difficult to get to and park during season.What most of us do is carpool to the theatre. The driver lets the passengers out in frontof the theatre and then must seek a parking place often blocks away (and then, often runback to the theatre in time for curtain). This creates a lot of extra traffic on that street,leading to frustration on the part of other drivers dropping off passengers and/or tryingto park. Because that block is generally full with no available parking, cars are goingslowly up the street and making a u-turn after discovering no parking. It is a messy andcongested situation every time there is a show. Seems this only adds to the poor parkingand traffic conditions that are already in existence.

In addition, many of my fellow theatre goes agree that we all tend to avoid seeing showsduring the summer season because of the hassles associated with the drop-off andparking chaos.

Accordingly, I think the Commission would fully support a relocation of Clear Space;after all, it seems like a win-win for the visiting tourists, those of us who “come intotown” for a show, the Clear Space actors/staff, and above all perhaps, the local residentsof Rehoboth who live near the theatre now.

In addition, attendance at Clear Space would increase during the April throughSeptember season, which means more business for the local restaurants (nearly all of ustheatre goers make it a night out and have dinner before the show or go out after theshow). Therefore, a relocation of Clear Space is also good for the local businesses, aswell.

I understand that people don’t like change and are quick to complain verses support newideas; however, this seems like such a positive venture that benefits so many.

I sincerely hope the Commission will support the relocation of one of our very finestcommunity’s institutions; again, clearly a win for all.

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Most sincerely,

Jeffrey Scott27373 Covered Bridge Trail Harbeson, DE 19951

302-664-2951

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From: westroger2To: [email protected]; Ann WomackCc: [email protected]; [email protected]: CLEAR SPACE THEATRE Support! Planning CommissionDate: Friday, March 08, 2019 8:03:15 AM

Sorry I neglected to add your address, Mr. Mellen

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------From: westroger2 <[email protected]>Date: 3/8/19 8:02 AM (GMT-05:00)To: [email protected]: [email protected], [email protected]: CLEAR SPACE THEATRE Support!

Dear Mr. Mellen, Chair Planning Commission and all Planning Commissioners,

Clear Space Theater is a wonderful venue in down town Rehoboth. It distinguishes Rehobothfrom all the other seaside destinations/resorts along the Delaware, Maryland coast line. Whereelse can residents and out of town visitors and guest enjoy a beautiful beach, fine dining andexquisite Broadway-like performances year round.

It has always been a goal of the theater company to have a facility that would allow not onlygreat performances, but a place for teaching and nurturing of young and not so young talent. A theater dedicated to the arts will be an attractive venue reaching out to all theater lovingpeople. Parking has been and continues to be problematic at the current facility. Locating thetheater at the proposed site will go a long way in resolving many of the current problems.

I'm a patron of the theater and fully support it's propose move to the very mouth of downtownRehoboth.

Roger F. WestHarbeson, DE

302-684-3939(please don't print# in the Gazette)

Sent from my Verizon, Samsung Galaxy smartphone

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City of Rehoboth BeachComprehensive Development Plan

Planning CommissionOutreach Approach Meeting | March 8, 2019

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Outreach - Goal

Promote Project

Awareness and Gather Input

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Outreach – Survey Participants

› Who should take the survey(s)?

–Property Owners

–Residents

–Businesses

–Tenants

–Visitors

–Organizations

–Employees

–Out of Town Active Community Contributors

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Outreach - Resources

Research & Identify All Available Resources

› City

–Website

– Social Media

–Newsletter

› Organizations

–Mailing List

–Email Distribution

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Outreach – Promotional Methods

› How can we reach the participants?

–Events

–Newsletters

– Local Organizations

–Email Distribution Groups

–Hand Delivered Flyers

–Mailing (post card / flyers)

–Newspaper Article / Notice

– Social Media

–Utility Bills (April, July, October & January) of 67

Outreach - Tools

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Outreach – Community Workshops

› Interactive Stations by Topic

› Workshop hours & days

› Organized with a clear objective / intent

› Vary workshop locations

› Not held during a normal City meeting

› Everyone assist with engagement

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Outreach – Lessons Learned

› Positive project promoting with a team approach

› Listen to the attendees & respect their input / opinion

› Engage targeted audiences (seniors, youth, etc.)

› Effective surveys run from 60 days – 90 days

› Organized outreach campaign is VITAL

› Lack of promotion = lack of participants

› Respect other initiatives & movements

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Next Steps – Outreach Tasks

1. Finalize Survey Selection Questions

2. Create Survey (paper & online)

3. Organize Workshops (topic, intent, location, schedule, etc.)

4. Create Workshop & Survey Flyer

5. Create outreach campaign (when, where, who, etc.)

6. Launch outreach campaign (assign tasks & execute)

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Next Steps – KCI

› KCI Tasks To Do

–Identify Resources

–Draft Outreach Campaign

–Finalize Outreach Materials

–Prepare for Next Meeting

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Next Steps – Planning Commission

› Planning Commission Tasks To Do

–Finalize Survey Questions

–Determine Workshop Topics

–Provide Pictures

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Next Steps – Meeting

› Next KCI Meeting Date

–Friday, April 12 at 1:00 pm (must leave at 2:30 pm)

–Presenting the “Draft Outreach Campaign”

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Thank you!

We are proud to serve the City

of Rehoboth Beach!

Project Contact Info:

Debbie Pfeil, Project ManagerAssociate / Planning Manager(302) 318-1133 [email protected]

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This slide shows the current location on Rehoboth Avenue. There are two small buildings and an empty lot. As residential units two parking spaces would require, as commercial units no parking is required with these buildings. This second slide illustrates the massive scale of the proposed Clear Space Theater. According to the code, a building of this scale requires one parking place for each 200 square feet. Although It could be argued that as an institution the parking requirement is one parking space for each 400 square feet. By either measure of the pertinent code (270-35 & 270-36), the building needs 62 to 124 parking places. (My calculations are based on a 25,000 sq foot structure.) I do not know why these limits were set, but we can find possible intent in other sections of the code. For Hotels, motels, and inns one parking space is required for each guest room and lot coverage of a hotel is limited to 50%. The lot coverage limits the overall size of the building. Office buildings require 1 parking space for each 400 sq feet Medical, dental and legal offices: less than 10,000 square feet in size no spaces are required, but greater than 10,000 square feet in size 1 space is required for each 400 sq feet. Each food establishment, restaurant or catering, with or without entertainment: Less than 10,000 square feet of gross floor area no spaces are required. But if greater than 10,000 square feet of gross floor area 1 space is required for each 400 square feet of gross floor area. Each retail store or service shop over 15,000 square feet of gross floor area and all other commercial uses: 1 space for each 400 square feet of gross floor area is required. What is clear is that big buildings require parking. These rules apply to theaters that are permitted use in C-1 as Tier 3. The city has thought his through, a theater the size that Clear Space intends to build needs a parking for each 400 or 200 sq feet of floor area. I reckon these parking requirements are they to discourage the sort if massive structure Clear Space Proposes. Now if Clear Space argues it is not a theater but rather is a Performing Arts Center. Parking is not the first issue to discuss: zone 207-14, does not refer to performing arts centers as permitted use in the C1 district.

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planning commission meeting - 08 mar 2019

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