BY JANET BERNOSKY, Eastern Shore Post —
Amid concerns over spot zoning, a motion for a rezoning request by local developers died at the Pocomoke City council meeting on Monday, Aug. 19, when a motion did not receive a proper second.
Mayor Todd J. Nock and Council member Diane Downing were not in attendance. Monda Marsh, first vice-president, ran the meeting in Nock’s absence.
At a public hearing on the matter, Sara Chapman, an owner of the multi-unit property located at 401 Market St., with her husband, Matthew, spoke about their request for a rezoning change from R-2 to R-3.
The Chapmans have primarily requested the property be rezoned to R-3, multi-family residential, to reflect what it is — a structure that has been a multi-family dwelling since at least the 1960s.
However, this change would also allow them to proceed with desired plans to convert a current three-bedroom unit in the original front portion of the structure into two one-bedroom units, which is not currently permitted under the R-2 residential zoning where the property is located.
While commending the Chapmans for their financial investments in the city, Chip Choquette spoke out against the rezoning as a resident and also in a letter he then read aloud from Michael McDermott, who served as mayor from 2005 to 11.
“This issue is greater than any one developer,” said Choquette. “To allow this property to be rezoned will open a floodgate for other legacy conversions to come before you asking for the same thing.”
Choquette noted that there are many areas of the city already designated for denser housing options.
In his letter, McDermott sought to inform the current mayor and council of his rationale on zoning at the time he served — with the city’s best interest for the future.
McDermott, along with then-city manager Russ Blake and city council, worked to undo what was regarded as a number of destructive policies from the 1970s that changed areas from R-1 single family housing to R-3.
This allowed for the conversion of many larger, historic homes into multi-unit dwellings.
Off-street parking solutions on narrow streets also became an ongoing issue.
“This led to a great demise in Pocomoke City,” McDermott said in his letter. “Property values fell steadily under the onslaught of slumlord conversions.”
They reinstituted R-1 and R-2 zoning back into areas that had been “haphazardly” converted to R-3, according to McDermott, as a means to restore blighted areas in the city by once again encouraging single-family home ownership.
Multi-unit properties were allowed to continue as such under the new zoning until they were sold or unoccupied for 60 days. After that, they would revert back to single-family homes.
“It’s a long-term view of reclamation,” said McDermott.
Nola Tullar, chair of Pocomoke’s planning and zoning commission, supported the commission’s April decision to not move forward with the Chapmans’ request because, among other issues, it would be considered spot zoning. She also spoke out later in the meeting as a citizen urging council not to approve the rezoning.
Spot zoning describes laws that are granted or applied to a property or group of properties that differ from those around them, typically when an owner wants to use that property for something other than its current use.
This change maybe viewed as unpopular or controversial in some cases if it alters or disrupts the current vibe or tenor of a neighborhood.
Council members Marsh, Brooke Cottman, and R. Scott Holland agreed that while the Chapmans’ proposed renovations were good-intentioned, it might be considered spot zoning, raising concerns over possible litigation from property owners whose requests had been previously denied.
Council member C. L. Marshall also felt that the neighborhood would benefit from renovations to the property, but seemed less worried over repercussions from other landlords or property owners.
“I could be sued for any number of things … so I tend to be in favor of this,” he said.
Marshall ultimately made the first motion to approve the rezoning request, but no one present on council stepped up to second it, and therefore, a vote was not taken.
n Code Enforcement Director Mike Wyatt discussed two bids received regarding new fleet vehicles for the city.
Although the bid from Pohanka Motors was nearly $11,000 more, Wyatt pointed out that the quote from this dealership included 2024 models with bigger engines.
The bid, which would provide vehicles for the code enforcement, wastewater, and public works departments, included the purchase of five 2024 Ford F-150 pickups (at $44,105 each), two 2024 Ford Mavericks (at $27,830 each), a dump truck, and a utility body truck.
Council unanimously voted to approve the bid from Pohanka.
n Marshall commended Pocomoke City police officers for a traffic stop that turned into a drug bust, while frowning at the release of one of the accused after the arrest.
When reached after the meeting, Chief Arthur Hancock confirmed that on the evening of Aug. 15, officers stopped a vehicle in the area of Broad Street and Old Virginia Road.
Officers found 288 grams of individually packaged marijuana packets (over 10 ounces) along with a loaded Kel-Tech sub-2000 semi-automatic rifle, which folds for easy conceal and carry.
Arrested were 19-year-old Zakeus Sincere Johnson, of Princess Anne, and a 13-year-old from Pocomoke.
Given his already extensive criminal history, the 13-year-old was held by the Worcester County Department of Juvenile Services.
However, Johnson was later released on his own recognizance, without bond by a District Court Commissioner who presided over the preliminary hearing.
