The Ocean View Planning and Zoning Commission (P&Z) unanimously passed an ordinance Thursday to reclassify 21 properties along Atlantic Avenue (State Route 26) from R-1 Residential to GB General Business.
Dennis Schrader, the town’s solicitor, recommended the resolution for approval, saying it would help Ocean View conform to its Comprehensive Land Use Plan.
“All property is supposed to be designated for a certain type of future land use. In this case, the future land use of Atlantic Avenue was determined by the committee to be commercial in nature,” Schrader said, citing the Delaware code, chapter 7, title 22, section 702C. “The property that is designated in all of the ordinance is required to be implemented by the town council within 18 months of the adoption of the revision. This ordinance accomplishes this.”
Designating the lands as commercial will not necessarily bring about a bevy of new businesses or restaurants, Schrader said.
“I remind you that all of you who own property in those particular areas would still be subject to site-plan review, and you would have to comply with all of the other requirements of the ordinances of the town of Ocean View, including setback, area bulk and height requirements, and parking requirements. There are landscaping requirements that may be enclosed,” he said. “So you can’t turn your home into an H&R Block this year — at least not without a site plan.”
The rezoned district starts just east of West Avenue and runs west to Millville. It includes the following parcels on County Tax Map 1-34-12.00: 657.00, owned by David and Betty Jean Long; 639.00, owned by the Walter and Maureen and Buck, Daniel and Joy Skayhan; 536.01, owned by Edna Taylor; 533.00, owned by the Mariner’s Bethel United Methodist Church, Inc.; 531.00, owned by John Craig and Mary Elizabeth Bradbury; 530.00, owned by Edna Taylor; 529.00, owned by Pamela Kyger M.D.; 528.00, owned by Elizabeth Evans; 433.00, owned by Michael and Charlotte Marine; 429.00; Raymond and Sally Hickman; and 428.00, owned by Evelyn Hickman.
The rezoned district also includes the following parcels on County Tax Map 1-34-13.00: 44.00, owned by James Kyger Jr.; 42.00, owned by Ferial and Bert Souryal; 36.00, owned by Gerard and Mary Hurley; 35.00, owned by Michael and Susan Chadwick; 34.02, owned by Monte and Cheryl Wisbrock; 34.01, owned by The Janice Jarus Living Trust; 33.00, owned by Vickie Lee York; 26.00, owned by Constance Marshall Van Auken; 21.00, owned by Roselind Barton; and 19.00, owned by Jeffrey and Lisa Osias and Robert and Charlotte DiFebo.
Other P&Z notables included:
• The commissioners — Garland Saville, Perry Mitchell, Carol Goodhand, Joe Evans and Chairman Dick Logue — also approved a petition, submitted by Regina O’Rourke, to annex 1.12 acres into the Town of Ocean View. The parcel, County Tax No. 1-34-17.00-5.00, sits on West Avenue. O’Rourke said she would ultimately seek a subdivision to build a separate house for her son.
• P&Z ratified a final site plan, submitted by Michael Cummings, for the subdivision of 1.29 acres at 88 Woodland Ave. into three lots. Cummings intends to use the properties to build three single-family homes.
• The committee tabled voting on a subdivision and preliminary site plan, submitted by George Keen on behalf of the Dorothy Evans estate, to slice two acres at 2 Central Avenue into four separate lots. The holdup stemmed from the petitioner’s request for a setback waiver on an old house at the edge of one of the proposed lots, near Cedar Neck Road. Schrader said the applicant would have to approach the Board of Adjustment about the variance.
• The committee tabled voting on a preliminary site plan, submitted by Ralph Picard, for the construction of nine three-story townhouses, for use as condominiums, on 1.85 acres at 32 Atlantic Avenue. The property already has a paved entrance onto — and a sewer connection from — Atlantic Avenue. The commissioners were concerned, however, that part of site plan’s land designated for public use is technically owned by the Delaware Department of Transportation. The acreage, therefore, would not meet the minimum requirement for nine townhouses.