CAPE MAY — Cape May is moving forward with plans for employee housing on the Washington Street Mall.
City Council introduced an ordinance Aug. 19 to promote workforce and long-term housing opportunities in the C-1 zoning district, but ultimately decided to send it back to the Planning Board for review.
Commissioner Lorraine Baldwin said she was concerned because the C-1 district encompasses more than just the mall.
Deputy Mayor Maureen McDade said the Planning Board considered the topic in 2019 and has recently had further discussions. She added that the Planning Board can make recommendations without changing the spirit of what City Council intends to do in supporting development of workforce housing.
Solicitor Chris Gillin-Schwartz said the Planning Board would review the ordinance to ensure consistency with the Master Plan.
“We’ve gotten in the habit of not even beginning that process before we send a draft concept to [the Planning Board],” Gillin-Schwartz said. “There’s nothing wrong with it; you can do it either way.”
He added that the important thing was that by the time the second reading of the ordinance takes place, the Planning Board has reviewed the ordinance.
City Manager Paul Dietrich said several properties in the C-1 district would fit the ordinance, such as apartments over retail, and would be able to continue as long as they do not change what they’re doing.
“I’m not opposed to this ordinance but are we jumping the gun?” Baldwin said. “Let’s wait another 35 days and come back and take a look at some of the issues.”
Baldwin added that she knew of two properties in the C-1 district that are deed-restricted, which she said would supersede the ordinance. She said she wanted the Planning Board to examine the deed restriction on second-floor use.
“Apartments are already permitted in the C-1 district, so really all you’re doing is changing how the apartment will be utilized,” Dietrich said.
Gillin-Schwartz said it was important to highlight that the ordinance includes a permitted use change to encourage workforce and long-term housing.
“If you have a current, lawfully operated mercantile license apartment, this is not going to change that,” Gillin-Schwartz said. “The minute you start making changes to the building, changing everything around inside and want to put an apartment, that’s when this type of thing comes in prospectively.”
He added that they are not looking backward at people who have lawfully existing uses and the timing of the ordinance was up to council.
“I don’t see this as an emergency, [and] I also don’t see a reason to wait on this either because we’ve already brought (Planning Board engineer Craig) Hurless to review this before it was brought to council tonight and he’s an essential part of that review for the master plan consistency,” Gillin-Schwartz said.
He noted that the timeline would be similar if it were sent first to the Planning Board or had its first and second readings before being sent. Dietrich said the item was on the agenda for the Planning Board’s next meeting.
“All that matters is they review it in a timely manner,” Gillin-Schwartz said.
Mayor Zack Mullock said he was fine with referring the draft ordinance to the Planning Board for review.
Baldwin said she wanted council to consider the ordinance because the C-1 district was beyond the Washington Street Mall.
“I want us to really consider that, and I’d like to have the Planning Board consider it as well,” she said. “Some of those uses have changed as well in the C-1 district. It might take the full 35 days for them to look at this and come back to us.”
Baldwin added that council places significant weight on what comes from the Planning Board.
Councilman Shane Meier asked what would happen if the Planning Board provided recommendations unrelated to the Master Plan. Gillin-Schwartz said that could be considered and included in the ordinance introduction.
HPC recommendations
In other news, Gillin-Schwartz said the Historic Preservation Commission (HPC) is currently discussing two policy initiatives and will recommend them to the council for consideration.
“One is sort of preventative item in historic districts that towns with significant historic resources have, such as New Orleans, which is a demolition by neglect ordinance,” he said. “It provides some options in those rare cases where historic properties in the historic district fall into disrepair.”
Gillin-Schwartz added that it clears the way for the city to engage with a property owner and take action, whether preventive or enforcement-based. He said he had an outline of a proposal for the council to consider.
“The second thing is more straightforward and on the proactive side of things public facing,” he said. “To get the HPC’s goals and mission out front, it’s been recommended that information about the historic district be included on the zoning certificate issued at closing.”
This information would indicate whether a home is in the historic district, the property’s classification as key contributing, contributing or non-contributing, and applicable code sections.
“Everyone knows ignorance of the law is not a defense,” he said. “If you don’t know you were in the historic district, it doesn’t mean you can do whatever you want — everybody knows that.”
Gillin-Schwartz added that this addition could serve as a public service announcement for property owners in addition to zoning information, and it could be efficiently rolled into the existing certificate process.
“Since our zoning officer is also our HPC compliance officer, it’s probably the best to tie them together,” Dietrich said. “He sees on both ends and he will be able to issue that and state it as part of his zoning compliance.”
McDade said the R-4 zoning district could benefit from consideration of something similar, as it has a unique set of zoning requirements.
“I know it’s not along the same lines, but [I’ll] put it out there for consideration,” McDade said.
Gillin-Schwartz said he would circulate draft ordinances for the council’s consideration at a future meeting.
Baldwin, who serves as the council liaison to the HPC, said that the board was planning to develop a brochure that would be easier to read than legal documents at closing.
“The HPC is also considering a ‘friendlier’ letter explaining the HPC view instead of a ‘condolences, you’re in the HPC,’ a ‘congratulations, you’re in the HPC’ letter,” Gillin-Schwartz said, adding it could probably be coupled with the formal zoning certificate.
Dietrich said something similar could be done for the R-4 district, and McDade said that would be helpful.
By RACHEL SHUBIN/Special to the Star and Wave
