REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 8, 2004 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mr. Galvin, Deputy Fire Chief Fortney, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Wallace G. Edmanson, II, 352 N. Bradford Street, along with his neighbor Mr. Kevin Hesling, 350 N. Bradford Street, gave a brief video presentation of the traffic violations (failure to stop at stop sign) occurring at the intersection of Clara and N. Bradford Streets, and advised members of the excessive speed vehicles travel in the area. In addition to the video, members were provided detailed information regarding the stop sign violations and pictures depicting the damage to parked vehicles that occurred at 3:00 a.m. on October 31, 2004. Mr. Edmanson advised members that this type of action occurs on a regular basis and that the damage to the parked vehicles is what motivated their video taping. He stated that this incident and past criminal complaints made by residents indicate a need for increased police patrols in the area. There is constant excessive speeding on the road, groups of loud and inebriated students, public urination, destruction of personal property, and theft from cars. Therefore, it was suggested that there be a more aggressive police presence in the area, especially on weekends, in order that these actions may be stopped.
With regards to their vehicles being hit by a motorist who did not stop, Mr. Edmanson relayed concern with the police response time. He understands that the police may be very busy dealing with more critical issues; however, it was his feeling that one and a half (1½) hours is too long. When the officers arrived, he stated that they were very courteous and professional.
Mr. Eric O’Brien, 30 N. New Street, stated that he has received no response to complaints he has submitted during this past year. He reiterated that problems of loitering, loud noise, and other quality of life issues continue in his neighborhood and submitted documentation of the various offenses (as on file in the Office of the City Clerk). He stated that the Police Department is not addressing the problems and he was hopeful that by coming to City Council, some type of action would occur to address these concerns.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Noting that Mr. Townsend was not able to attend this evenings meeting, Mr. Carey requested the deletion of item #2 - Recognition of Service for Sherman L. Townsend.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Ritter and unanimously carried.
Mr. Hogan moved for approval of the consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 20, 2004
The Minutes of the Special Council Meeting of October 20, 2004 were unanimously approved by motion of Mr. Hogan, seconded by Mr. Carey and bore the written approval of Mayor Speed.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 25, 2004
The Minutes of the Regular Council Meeting of October 25, 2004 were unanimously approved by motion of Mr. Hogan, seconded by Mr. Carey and bore the written approval of Mayor Speed.
PROCLAMATION - HIRE A VETERAN MONTH
Mayor Speed read the following Proclamation into the record:
WHEREAS, on November 7, 2002, the Jobs for Veterans Act was signed into Public Law to revise and improve employment, training and the placement services furnished to Veterans; and
WHEREAS, veterans have the proven ability to learn new skills and concepts and they are aware of health and safety protocols both for themselves and the welfare of others; and
WHEREAS, veterans understand the practical ways to manage behaviors for results and they also know the dynamics of leadership as part of both hierarchical and peer structures; and
WHEREAS, veterans know how to work side by side with individuals regardless of race, gender, religion or economic status; and
WHEREAS, prospective employers can take advantage of a proven track record of integrity that translates into sincerity and trustworthiness;
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, do hereby proclaim November as “Hire a Veteran Month” and urge all citizens to give full recognition to the sacrifices made by these brave men and women on our behalf and to do everything possible to provide job opportunities to all our Veterans.
PUBLIC HEARING - ANNEXATION PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003: LANDS OF CLIFTON AND MARIE HUTTON
An application has been received for the annexation of property located on the northwest corner of Kenton Road and Fox Hall Drive, consisting of approximately 1.45+/- acres, owned by Clifton and Marie Hutton. The land use type is designated as Residential on Map 12-1. The applicant has proposed to zone the property, upon annexation, to a zoning classification of CPO (Commercial Professional Office) which has been identified as inconsistent with Map 12-1. The appropriate land use type for the proposed zoning upon annexation would be Office; therefore, a Growth and Annexation Plan Amendment to the Comprehensive Plan Update 2003 to change the land use type for this specific parcel of land is required before consideration of the annexation/rezoning request.
Mr. Galvin, Director of Planning and Inspections, reviewed the Planning Commission Recommendation Report (Exhibit #1). The Planning Commission recommended approval of the Annexation Plan Amendment to the Comprehensive Plan Update 2003 to identify this parcel with the land use type of Office.
Mr. Ruane moved to reaffirm the current land use designation of Residential on Map 12-1 for the property located on the northwest corner of Kenton Road and Fox Hall Drive, seconded by Mr. Carey.
Responding to Mr. Ritter, Mr. Galvin stated that the applicant did not wish to include his residence property in the annexation application.
Mr. Ruane stated that during the Comprehensive Plan Update 2003 review, there was ample opportunity provided for citizen participation, both by property owners and neighboring property owners, as to what the zoning designation should be on the annexation map. There were several public hearings and the result was the approval of the potential residential use for this property on the Annexation Plan. Mr. Ruane noted that there were various opportunities for commercial office space along the corridor of Route 8, as well as Walker Road and Saulsbury Road. To create a spot zoning in a residential neighborhood, he felt, would be a mistake.
Responding to Mr. Hogan, Mr. DePrima stated that although there were several public notices placed in local newspapers, individual letters were not sent out to the public for comments on the Comprehensive Plan Update.
The motion to reaffirm the current land use designation of Residential on Map 12-1 for the property located on the northwest corner of Kenton Road and Fox Hall Drive was carried with Mr. Hogan voting no.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AT FOX HALL DRIVE - OWNED BY CLIFTON A. AND MARIE F. HUTTON
As a result of the action taken on the previous item, Council President Williams questioned what action, if any, Council wished to take regarding the annexation/rezoning application for property located on the northwest corner of Kenton Road at Fox Hall Drive, owned by Clifton A. and Marie F. Hutton.
Mr. Galvin, Director of Planning and Inspections, advised members that the applicant had requested that the annexation/rezoning application be withdrawn if the Annexation Plan Amendment to the Comprehensive Plan Update 2003 was not approved.
Mr. Hogan moved to deny the annexation/rezoning application for property located on the northwest corner of Kenton Road at Fox Hall Drive, owned by Clifton A. and Marie F. Hutton. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 1076 FOREST AVENUE - OWNED BY LEONARD AND CATHERINE MOORE
An annexation/rezoning application was received for property located at 1076 Forrest Avenue, owned by Leonard and Catherine Moore.
Referendum Results
The City Clerk reported that the referendum was held on October 28, 2004, with two (2) eligible voters. There were two (2) votes cast in favor of the annexation, with no votes cast against annexation.
Mr. Carey moved to accept the referendum results, seconded by Mr. Salters and carried by a unanimous roll call vote.
Annexation
By motion of Mr. Carey, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract, piece or parcel of land lying on the Southerly side of Forrest Avenue, also known as State Route #8, and bounded as follows:
On the North by Forrest Avenue;
On the East by lands now or formerly of Maria C. Rodriguez, Deed Record 134-51, and lands now or formerly of E. Stuart Outten, Deed Record E-49-64.
On the South by lands now or formerly of Enterprise Business Park Subdivision;
On the West by lands now or formerly of Cardiology Associates, LLC, Deed Record 513-16, and lands now or formerly of John M. Welgan, Deed Record 137-12.
BEGINNING at a point in the Southerly side of Forrest Avenue at the Northwesterly corner for lands of the aforementioned Rodriguez and the Northeasterly corner of subject lands. Said point being located approximately 847 feet Westerly from Saulsbury Road. Thence from said beginning point and with said lands of Rodriguez generally S 05° E, a distance of approximately 195 feet or until it reaches the Northerly line of a 15 foot wide alley at the Southwesterly corner for said lands of Rodriguez. Thence crossing said 15 foot wide alley, Southeasterly approximately 15 feet or until it reaches the Northwest corner of Parcel #2 of lands of the aforementioned Outten. Thence with said lands of Outten generally S 08° 34” W, a distance of approximately 785.20 feet or until it reaches a point at the Southwesterly corner of said Outten lands in line of lands of the aforementioned Enterprise Business Park. Thence with said lands of Enterprise Business Park generally N 86° W, a distance of approximately 100 feet or until it reaches the Southeasterly corner of lands of the aforementioned Cardiology Associates, LLC. Thence with said lands of Cardiology Associates, LLC, generally N 08° 34’ E, a distance of approximately 787.00 feet to an angle point in said lands of Cardiology Associates, LLC, in the Southerly side of the aforementioned 15 foot wide alley. Thence continuing with said lands of Cardiology Associates, LLC, generally N 08° 59’ 24” E, a distance of approximately 15.04 feet or until it reaches the Southwesterly corner of lands of the aforementioned Welgan. Thence with said lands of Welgan and with the Northerly side of said alley generally S 85° E, a distance of approximately 45.21 feet or until it reaches the Southeasterly corner for said lands of Welgan. Thence continuing with said lands of Welgan generally N 07° 47’ 27” E, a distance of approximately 39.90 feet and then generally N 05° 07’ 41” E, a distance of approximately 155.15 feet or until it reaches the Northeast corner for said lands of Welgan in the Southerly side of the aforesaid Forrest Avenue. Thence with said side of Forrest Avenue generally S 85° E, a distance of approximately 47.5 feet or until it reaches the point and place of beginning. Containing an area of approximately 2.03 acres.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 9th day of November, 2004 at 12:01 a.m. o'clock.
ADOPTED: NOVEMBER 8, 2004
Public Hearing - Zoning Classification
Mr. Galvin, Director of Planning and Inspections, reviewed the Petition to Annex and Zone property, the Cost/Revenue Analysis, and the Plan of Services Report (Exhibit #2). The Planning Commission recommended that the zoning classification of this property be approved as CPO (Commercial Professional Office) and COZ-1 (Corridor Overlay-1) upon annexation. It was noted that the applicant initially requested a zoning classification of C-2A (Limited Central Commercial) and COZ-1. Mr. Galvin assured members that the applicant is satisfied with the revised zoning classification as recommended by the Planning Commission.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Carey moved that the property be zoned CPO and COZ-1 as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of September 27, 2004.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1076 FORREST AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RS-1 - Residential (Kent County zoning classification) to CPO - Commercial Professional Office and COZ-1 - Corridor Overlay Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to CPO and COZ-1(City of Dover zoning classification) on that property located at 1076 Forrest Avenue, owned by Leonard and Catherine Moore.
ADOPTED: NOVEMBER 8, 2004
PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENT - TRADITIONAL NEIGHBORHOOD DESIGN (TND)
A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix B, Article 3 - District Regulations, by adding a new Section 28 - Traditional Neighborhood Design Zone (TND) within the Zoning Code. Mr. Galvin, Director of Planning and Inspections, advised members that the proposed ordinance was reviewed and approved by the Planning Commission and the Parks, Recreation, and Community Enhancement Committee. The First Reading of the proposed amendment was accomplished by Council during their Regular Meeting of October 11, 2004. Since the ordinance will amend the zoning text, a public hearing is required.
Mr. Ruane questioned the amendments recommended by the Parks, Recreation, and Community Enhancement Committee during their meeting of October 26, 2004 being made throughout the document. As an example, he explained that the committee had recommended that the second definition, as indicated in Paragraph 28.2, be amended from “Final” to “Implementation”; however, the final sentence does not reflect the amendment. He noted that the fourth definition was amended from “Master” to “Implementation”; however, the last sentence indicates “the Final...”. He also noted that Paragraph 28.81, indicates “The Comprehensive Development Standards...” and questioned if it should be amended as “The Implementation Comprehensive Development Standards...”. Mr. Galvin assured members that the final ordinance will be corrected to reflect the oversight.
At the request of Mr. Ruane, Mr. Galvin explained the process in accordance with Paragraph 28.42, Application for Implementation Plan Review. The review will allow elements of the Master Plan to be submitted with the Implementation Plan at separate stages.
Council President Williams declared the hearing open.
Mr. Greg Moore, representing Becker Morgan Group of 738 Governors Avenue, thanked Planning Staff for developing the proposed ordinance. He advised members that he has been involved with its development and feels that the proposed amendment will allow for improved developments within the City and urged Council’s approval.
Mr. Mark Dunkle, attorney with Parkowski, Guerke, and Swayze of 116 W. Water Street, echoed the comments made by Mr. Moore. It was his opinion that the proposal is a very visionary ordinance that looks both backwards and forwards and pays good attention to the practical realities of business. He urged the endorsement of the proposed ordinance.
Council President Williams declared the hearing closed.
Mr. Slavin moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Ruane stated that although he supports the proposed zoning text amendment, he has reservations with Paragraph 28.42. It was his opinion that the review (as required by this paragraph), will require careful monitoring and serious understanding in its implementation. He expects that the planners and property owners of Eden Hill have the City’s interest at heart and understand that there will be some phasing at this particular property. Mr. Ruane explained that his concern is that since this ordinance applies to other land parcels within the City, the developers will be coming forward. It is his expectation that the Planning Office would be very careful when accepting an Implementation Plan, understanding that it, in effect, would have the potential of allowing some development of aspects of the plan without having really good details and an up front understanding of the overall appearance of the property.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Sadusky and carried by a unanimous roll call vote (the First Reading of this ordinance was accomplished during the Council Meeting of October 11, 2004):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B - Zoning Ordinance, Article 3. District Regulations be amended by adding a new section entitled Section 28. Traditional Neighborhood Design Zone (TND), as follows:
Section 28. Traditional Neighborhood Design Zone (TND)
28.1 Purpose and Intent: The intent of the Traditional Neighborhood Design (TND) zone is to create a walkable and pedestrian-friendly, economically viable professional, commercial and mixed use residential neighborhood for people of different ages and incomes that draw from the best architectural and community design features of Delaware and the Delmarva Peninsula from its colonial past to the mid 20th century. Its intent is also to preserve and enhance the natural landscape, celebrate the history of the site, and buffer the development from adverse external influences. The provisions of this section are intended to encourage greater integration of land-uses and diversity of lot sizes than is permitted under other provisions of the Land Subdivision Regulations and Zoning Ordinance of the City of Dover. Lastly, it may provide locations for other uses that will aid in the fulfillment of the City of Dover's Comprehensive Plan and allow people to live near their work.
28.2 Definitions:
Comprehensive Development Standards Manual, Master: A document prepared in narrative and graphic form that explains the concepts behind the implementation of the proposed Traditional Neighborhood Development on the parcel and in the community. It should contain a full explanation of the historic precedents and how they influence the proposal (Section 28.84) and identify the concepts and approaches to each of the elements identified in Section 28.8 and for each of the use types of Section 28.5.
Comprehensive Development Standards Manual, Implementation: A document prepared in narrative and graphic form that describes all details of the development relative to the elements reflective of the design principles of 28.7 and the specific requirements of Section 28.8. All subsequent plan review and construction activities shall be governed by the Implementation Comprehensive Development Standards Manual.
General Overall Master Plan: A document composed of a set of maps of a subject property and a Master Comprehensive Development Standards Manual that reflects a Traditional Neighborhood Design. The General Overall Master Plan is to be submitted to the Planning Commission and City Council as materials to support the rezoning of a land area for development as a TND.
Implementation Plan: A document composed of a set of maps and a Comprehensive Development Standards Manual that describes the anticipated physical development of a property. The document should reflect the design principles of Section 28.7 and the Implementation Comprehensive Development Standards Manual described in Section 28.8.
28.3 Eligibility Requirements: No land area shall be zoned TND unless the following conditions are met:
(a) The land area shall have access to an existing or planned arterial or collector road;
(b) The land area shall be served by adequate existing or planned infrastructure;
(c) The land area may contain a single or multiple parcels. The rezoning application for the land area shall be filed jointly by all owners of the involved land area;
(d) Finding by the Planning Commission and City Council that the proposed TND location is generally consistent with the Comprehensive Plan.
28.4 Procedure: An application for rezoning of a land area to a TND Zone shall be required to obtain approvals as follows:
28.41 Application for rezoning and General Overall Master Plan review. The requirements of Article 10, Section 5 shall be followed except as noted below. The application for rezoning to a TND shall include, in addition to the requirements of Article 10, Section 5.18, the following:
(a) A narrative on the nature of the applicant's interest in the development;
(b) The development team involved in the proposed development;
(c) A General Overall Master Plan which is composed of plans and a narrative Master Comprehensive Development Standards Manual that includes:
(i) Plans of existing natural features showing topography, soils, drainage vegetation and potential limitations to development;
(ii) Plans of the proposed building areas, streets, roads, parking, open space and storm water management;
(iii) Overall program of uses including showing general use location, proposed building height, and total gross square feet by use;
(iv) Master Comprehensive Development Standards Manual, as set forth in subsection 28.8 of this section and as defined in subsection 28.2, for purpose of showing that the proposed development meets the purpose and intent of the TND.
28.411 Each petition for a rezoning amendment shall be accompanied by a minimum fee of three hundred twenty five dollars ($325.00).
28.412 Each petition for a rezoning amendment shall be heard by the City of Dover Planning Commission for a recommendation to the City Council, which will make the final action on the petition. Public hearings will be required for both bodies.
28.42 Application for Implementation Plan Review: The Planning Commission shall review the TND Implementation Plan following rezoning. The Implementation Plan shall abide by and match the General Overall Master Plan. The submission for the individual use districts (Residential, Commercial or Office) may be submitted separately for Planning Commission consideration. To request such consideration, the submission of the General Overall Master Plan shall include more detail of the design elements of the project, including, but not limited to, architectural standards, design relationships between uses and different scales of buildings, parking and open spaces, and an explanation of how the segregated Implementation Plan conforms to the intent of the approved General Overall Master Plan. All elements of any Implementation Plan shall include the following:
(a) Detailed plans of existing natural features showing topography, soils, drainage and vegetation;
(b) Detailed plans of the proposed building locations, actual street networks, parking areas with counts, recreation and open space with calculations, stormwater management and a phasing plan;
(c) Final program of uses including building footprints for commercial/office uses and buildable envelope for residential portions, building height, and total square feet by use and housing type;
(d) The Implementation Comprehensive Development Standards Manual, as set forth in subsection 28.8 of this section and as defined in subsection 28.2, for purpose of showing the proposed development pattern, materials, dimensions and architectural styles.
28.421 Each application for Implementation Plan review shall be heard by the City of Dover Planning Commission for final action on the application. A public hearing will be required.
28.422 Each application for Implementation Plan approval must be accompanied by a fee of three hundred twenty five dollars ($325.00) plus ten dollars ($10.00) per acre.
28.423 The Planning Commission may act to approve the Implementation Plan once it has determined that the Implementation Plan meets the purpose and intent of this ordinance, as well as the objectives found in Article 10, Section 2.2 of the Zoning Ordinance.
28.424 The approved Implementation Plan shall remain in effect until amended with approval of the Planning Commission. After five (5) years of inactivity, the Implementation Plan may be considered by the Planning Commission for a new Implementation Plan or rezoning for the undeveloped portions of the original plan only.
28.43 Following Implementation Plan approval, the City Planner shall perform an administrative review of subsequent Site Development Plans or Subdivision Plans for compliance with the approved Implementation Plan in accordance with the following:
28.431 Site Development Plan: The application for neighborhood commercial districts, professional office districts, condominium complexes, and apartment buildings shall adhere to the site development plan submission materials identified in Article 10, Section 2 of the Zoning Ordinance.
28.432 Subdivision Plat: The application for subdivision of residential parcels shall adhere to the City of Dover Land Subdivision Regulations submission requirements and the approved Implementation Plan shall be considered as the approved Preliminary Plan required in the Subdivision Regulations.
28.433 Implementation Plan Amendments - The City Planner will entertain only minor, clarifying amendments to the plans or the Comprehensive Development Standards Manual in considering the Site Development Plan or Subdivision Plat for final approval. Minor amendments may include, but are not limited to, the addition of a material for buildings or landscaping, adjustments to the specific street or alley placement of less than fifty (50) feet, or change in location of structures in an active recreation space. Any major amendments, as determined by the City Planner, will be required to be approved by the Planning Commission.
28.434 Fee - Each application for Site Development Plan or Subdivision Plat to be approved under this section shall be accompanied by a fee of two hundred fifty dollars ($250.00).
28.44 The City Planner shall determine whether any application submitted under Section 28 meets the minimum requirements of the Section, including but not limited to the General Overall Master Plan, the Implementation Plan, site design, subdivision design and the elements of the Comprehensive Development Standards Manual, prior to submitting the application to the Planning Commission for review.
28.5 Uses Permitted: In a TND zone no buildings or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
28.51 Uses allowed in all areas of the TND:
28.511 All residential uses, accessory uses, and conditional uses currently permitted in the residential zones of the City identified in Article 3, Sections 1, 2, 3, 4, 5, 6, 7 and 9. Proposed conditional uses shall be identified in the application to the Planning Commission.
28.512 Accessory dwelling units in conjunction with detached single family houses. A maximum of one accessory dwelling unit shall be permitted in conjunction with a detached single family house.
28.513 Open space.
28.514 Civic uses including, but not necessarily limited to:
a) Government buildings;
b) Education buildings;
c) Libraries;
d) Meeting halls;
e) Museums;
f) Recreational facilities;
g) Places of Worship;
h) Other cultural, civic or social use as designated on the approved Implementation Plan.
28.52 Neighborhood Commercial District: Additional uses permitted in this district include the following subject to the requirements set forth in subsection 28.7:
28.521 Convenience retail stores such as, but not limited to, drug stores, grocery stores, restaurants, variety stores, or combinations thereof. Drive through drug stores shall be allowed if they are of superior design and screening consistent with the intent of the TND zone. There shall be no drive-through restaurants.
28.522 Personal service stores such as, but not limited to, barber shops, beauty parlors, and laundry/dry cleaning establishments.
28.523 Service establishments furnishing services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair, or service.
28.524 Business, professional, and government offices, banks, philanthropic or not-for-profit offices, and financial institutions. Drive through banks shall be allowed if they are of superior design and screening consistent with the intent of the TND zone.
28.525 Any of these uses mixed with residential uses in the same building.
28.53 Professional Office, Medical, and Financial District: Additional uses permitted in this district include the following, subject to the requirements set forth in subsection 28.7:
28.531 Business, professional, and government offices, banks, philanthropic or not-for-profit offices, and financial institutions. Drive through banks shall be allowed if they are of superior design and screening consistent with the intent of the TND zone.
28.532 Medical and dental offices including clinics, laboratories, and hospital services. Drug stores, eye wear sales, and similar medical related retail uses, along with luncheonettes or delicatessens shall be allowed if designed as an accessory use or tenant space in a medical office building.
28.533 Nursing or extended care facilities offering overnight accommodations.
28.6 Performance Standards: All uses are subject to performance standards as set forth in Article 5, Section 8.1 of the Zoning Ordinance.
28.7 Design and Development Principles and Standards: The following standards and principles of design and development shall apply to the TND and be reflected in the Implementation Plan:
28.71 Street, sidewalk, blocks, and lot design standards shall be governed by the approved Comprehensive Development Standards Manual and shall supercede standards found in Appendix A, Land Subdivision Regulations, of the Code of Ordinances.
28.72 The bulk standards including setback, lot area, height, impervious surface, Floor Area Ratio (FAR), lot coverage, parking, signs, landscaping shall be governed by the approved Comprehensive Development Standards Manual and shall supersede standards found in Appendix B, Zoning Ordinance, of the Code of Ordinances of the City of Dover.
28.73 The following sections of the Zoning Ordinance shall be adhered to in the approved Implementation Plan at a minimum:
28.731 Article 5, Section 10, Open space, recreation, and other public facilities;
28.732 Article 5, Section 11, Environmental protection;
28.733 Article 5, Section 15, Landscape Guidelines;
28.734 Article 5, Section 16, Tree Planting and Preservation
28.735 Article 5, Section 17, Emergency access requirements;
28.74 The TND Design Principles below shall be reflected in the Implementation Plan, consistent with the Purpose and Intent section of this ordinance.
28.741 The design for the entire zone shall follow an environmentally sustainable approach to development. To accomplish this, the design shall take advantage of natural drainage patterns on site and minimize earthmoving, erosion, tree clearance and other disruption of the natural environment. Existing vegetation and habitats shall be preserved wherever possible. Where extensive natural tree cover and vegetation do not exist or cannot be preserved on the site, landscaping shall be undertaken in order to enhance the appearance of the development, screen streets and parking areas, and enhance the privacy of private dwellings. Native plant species shall be used whenever possible and practical. Natural drainage systems shall be preserved wherever possible. Where natural drainage systems do not exist, drainage patterns shall be developed similar to the natural pattern to the extent practical.
28.742 Development shall be compatible with existing historic buildings, landscapes and urban design within or adjacent to the zone. Any existing cultural resources shall be analyzed for creative preservation and/or adaptive reuse in the new development.
28.743 Permanent, publicly accessible open space outside of individual lots comprising a minimum of 25 percent of the land area shall be provided in the TND. Land owned by government or non-profit entities that is included in the approved Implementation Plan and is open to the public may count toward this requirement. At least one half of the minimum required open space land must be free of wetlands or storm water management areas containing permanently standing water, in order to be readily accessible and usable for active and passive recreation. Significant natural features shall be incorporated into permanent public open space whenever possible. A portion of the permanent public open space shall be designed as a contiguous area to provide access throughout the full project site as described in §28.746 and a portion shall be interspersed within all areas so as to provide access from the surrounding neighborhood, active recreation space and/or a visual amenity.
28.744 Open space within residential areas shall be oriented to the fronts of the buildings. Isolated open spaces in the rear of properties are discouraged.
28.745 Landscape plantings in parks, greens or significant open spaces shall be of a size larger than required in the landscape guidelines to create an immediate positive visual impact on the community.
28.746 The TND shall have a pedestrian walkway and/or bicycle system through the open spaces that connects to the street system or connects a series of open spaces. Bicycle parking/locking facilities should be provided in public spaces as appropriate.
28.747 The design of streets shall form a connected system with dimensions and speed reasonable to serve the development, but also to create an environment that is friendly to pedestrians and bicycle riders.
28.748 All streets shall have sidewalks on both sides. Sidewalks shall be at minimum, five feet (5') wide. The Planning Commission may waive the requirement for sidewalks in limited areas for infeasibility or drainage issues only.
28.749 Service alleys shall be used throughout the development whenever practical, particularly in areas with attached and multiple family dwellings. Garbage storage and pick up areas shall be located along alleys. Driveway access may be from the street or an alley, if an alley is provided. All residential uses shall have off street parking.
28.7410 Residential neighborhoods and their individual blocks, to the extent possible, shall contain a mixture of a variety of house and lot types and sizes to strengthen community interactions.
28.7411 Different architectural styles shall be mixed to the extent practical and appropriate within any given block.
28.7412 Porches are encouraged as an architectural feature, and, if provided, shall be sized to be functional social spaces with sufficient room to comfortably accommodate chairs and area for movement.
28.7413 Non-residential uses in a primarily residential area shall be of a character, size, scale and design to compliment a mixed traditional community.
28.75 Neighborhood Commercial District: A Neighborhood Commercial District is optional in the TND, subject to the additional requirements below. Its purpose is to provide a range