Cape May Council Deletes Texas Avenue Rezoning

CAPE MAY — City Council approved an ordinance that changes the zoning district to commercial for a section of Elmira and Broad streets and a stretch of Maryland Avenue but did not approve a change for Texas Avenue after 18 residents spoke against it at a June 16 meeting.
The zoning recommendations came from the city’s Planning Board as part of its update to Cape May’s Master Plan.
Council amended the ordinance to eliminate the rezoning of three properties on the Southside of Texas Avenue near Washington Street to Neighborhood Commercial Zone. The properties were the C-View Inn Restaurant and Bar, and the offices of Dr. Joseph Rizzo and Dr. Andrew Drake.
City Engineer Craig Hurless said those properties were non-conforming uses in the R-2 District. The ordinance also addressed a non-conforming real estate office and condominiums at Washington and Lafayette streets near the bridge, rezoning the block from R-5 to Neighborhood Commercial (NC) Zone.
In addition, the ordinance also covered rezoning an area of intersection of Lafayette and Elmira streets from R-3 to C-1. Hurless said the neighborhood had undergone changes since 2003. The zoning change covered Artisan’s Alcove Jewelers, Inkwell Printing, Depot Market Café and a city parking area at the Transportation Center.
The ordinance changes a Maryland Avenue development of semi-detached homes from R-1 to R-3. The dwellings are not a permitted use, said Hurless. Owners of the property were required to come before the Zoning Board to obtain a use variance to do any work on their homes, he said.
Attorney Louis Dwyer and Engineer/Planner Vince Orlando told council they represented seven homeowners on Massachusetts, Texas and Trenton avenues opposed to the zoning change of Texas Avenue. Orlando said the two doctors offices received a variance from the R-2 zone when approved based on need for their services.
He said the C-View predated any zoning laws.
Orlando said if the zoning were changed to NC, uses such as restaurants, barber shops, banks, multifamily dwellings, public parking lots, boat clubs, neighborhood shopping centers and retail sales could be built on the two doctor’s office properties, particularly if they burned down. He said the change would be detrimental to the neighborhood.
Orlando suggested making the two offices “a permitted conditional use” in the R-2 zone, which would keep the public, satisfied and allow the doctors to renovate without going to the Zoning Board. Both offices were renovated, former houses.
Hurless said the properties were not deep or large enough to accommodate any large-scale development. He said there was not sufficient front or rear yard setbacks available.
He said a neighborhood shopping center could not be developed on any of the properties.
“Never say never,” said Orlando, who noted an applicant could request a bulk variance to build larger.
Mayor Edward J. Mahaney Jr. called Dwyer and Orlando “the patron saints of lost causes.” He said if anyone came to the city to get a variance to build larger if it is rezoned, it would be Dwyer and Orlando.
During public comment, Texas Avenue resident Debbie Cutler said she opposed the zoning change and feared more commercial development and increased traffic flow problems.
Dr. Drake said there was no sense building a professional building on a property zoned residential.
“Why change something that has worked so well for over 20 years?” asked Trenton Avenue resident Anita DeSatnick.
Resident Rusty Chew suggested council revisit the ordinance.
City Solicitor Tony Monzo said placing conditions on uses of the two doctor’s properties could be an alternative, which should be worked out by the Planning Board.
The Texas Avenue portion of the rezoning ordinance was deleted and will be sent back to the Planning Board. The remainder of the ordinance passed in a unanimous vote.
Hurless said there was little public input at Planning Board meetings as the ordinance was being crafted with almost no members of the public attending.