City Council Moves to Change Zoning on 300 Block of West Avenue

City Council on Thursday voted to change the zoning designation for the west side of the 300 block of West Avenue from neighborhood-business to residential.

The ordinance change requires a second vote before it can take effect.

The back story: A long-closed Wawa Food Market at the corner of Fourth Street and West Avenue remains unsold, because Wawa won’t sell to anybody who would develop a competing coffee shop or convenience store, council members say. Zoning does not permit Wawa to sell to anybody who would develop a duplex. Meanwhile, the rest of the block is occupied by duplexes – which do not comply with current zoning laws.

The existing zone: “NB” calls for businesses or duplexes that operate a business out of the first floor. The designation was created, in part, to help stem the disappearance of neighborhood businesses in favor of duplexes.

The argument for: Councilman Keith Hartzell argued that the change would help Wawa sell the property and help the existing duplexes move into compliance. He said the change recognizes the reality of what exists on the block.

The argument against: Councilman John Flood suggested that Ocean City streets are filled with similar situations of noncompliance (including several in his own Third Ward). He said the council’s vote could set a precedent for City Council addressing countless zoning issues, something perhaps better left to the city’s Planning Board.

Some citizens also argued that the original intent of the business zone should be honored: to attract neighborhood businesses.

The vote: Flood and Councilman Roy Wagner voted no. Hartzell, Councilwoman Karen Bergman, Councilman Scott Ping and Councilman John Kemenosh voted yes. Council President Michael Allegretto, who works in the real estate industry, recused himself.

What's next: The Planning Board will review the proposed ordinance change before City Council considers a second and final reading.