REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 23, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Deputy Police Chief Taraila, Mr. Capuano, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, 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.
Dr. Sambhag Kumar, Pathologist (local physician), addressed members regarding concerns with the recent Reichold Chemical issue. Having dealt with Agent Orange and other such exposure issues, he questioned if the City is truly prepared for these types of emergency situations. He explained that it is sometimes years later when it is realized that such a situation has caused health problems for individuals. Dr. Kumar urged members of Council and the City to get the records of the calibration, training, etc. so that everyone is fully prepared. Noting that it is corporate America who runs this country, he questioned if this issue will become the same as the airline industry, dumping retirement problems to the government, and if this will become an issue 25 years from now, causing the City and its citizens to support the company and the people.
Ms. Donyale London, 397 Post Boulevard, submitted and read a letter regarding a recent sewage backup at her residence (Exhibit #1).
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
As a result of action taken during the Legislative, Finance, and Administration Committee meeting held earlier this evening, Mr. Slavin requested that item #12, Proposed Resolution in Support of the Delaware Civic Center, be deleted from the agenda.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Salters and unanimously carried.
Mr. Salters moved for approval of the Consent Agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Hogan noted that one week ago, most across the nation were transfixed on their television watching the events unfold at Virginia Tech. Having a daughter who recently graduated from Virginia Tech, who has many friends that have continued to attend, he requested that members and residents keep the families affected by this tragedy in their thoughts. Mr. Hogan advised members that there has been a memorial fund created to help the families of the victims and relayed appreciation for any donations that would be made to this cause.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 9, 2007
The Minutes of the Regular Council Meeting of April 9, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, it has now been 135 years since J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and
WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and
WHEREAS, the City of Dover was once again named a Tree City USA in 2006 for the eighteenth consecutive year by the National Arbor Day Foundation recognizing Dover for its outstanding urban forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of the business area, beautify our community and are a living memorial to the citizens' concerns for the quality of life; and
WHEREAS, the City of Dover has planted hundreds of trees purchased in part through grants from the Delaware Urban and Community Forestry Advisory Council.
NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 27, 2007 as Arbor Day in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands.
Mayor Speed presented the Proclamation to the City Manager, Mr. DePrima, and requested that he relay appreciation to Mr. Cooper, Grounds Superintendent, for the beauty provided to the City as a result of the work performed by this department.
FINAL REPORT AND RECOMMENDATIONS OF THE SEX OFFENDER LEGISLATION REVIEW COMMITTEE
Members of Council received the Final Report and Recommendations of the Sex Offender Legislation Review Committee (as on file in the Office of the City Clerk). Mr. Slavin, having served as Chairman of the Sex Offender Legislation Review Committee, reminded members that the committee was formed by City Council on November 13, 2006 as an ad-hoc committee comprised of nine (9) members. He advised members that during the course of its deliberations, the committee heard from many members of the community regarding the issue of sex offender management. The issue is complicated and complex and has very few “best practices” to model a solution after. However, the committee recommended an 18-point plan for improving the management of sex offenders in the City of Dover, which includes recommendations to strengthen our activities in enforcement, notification, and education on this issue.
Mr. Slavin, along with other members of the committee, Dr. Ed Goate, Ms. Lisa Ratliff, and Mrs. Phyllis Levitt, gave a Presentation of the Final Report and Recommendations of the Sex Offender Legislation Review Committee.
Mr. Slavin advised members that sex offenders in our community present one of the most challenging public policy issues the City of Dover is facing. Presentations about the issue were often difficult for many members to hear; the emotions involved with the crimes associated with sex offenders could not be suppressed. He relayed his appreciation for the members who served on this committee, stating that the volunteers subjected themselves to this difficult issue and deserve the thanks of the citizens of Dover for their efforts.
Mr. McGiffin moved for acceptance of the Final Report and Recommendations of the Sex Offender Legislation Review Committee, seconded by Mr. Salters and unanimously carried.
Mrs. Carey Koppenhaver, 215 Walker Road, stated that she came with other community members last fall requesting assistance from the City in researching the Sex Offender laws in Dover and in Delaware. She relayed appreciation to members for listening and acting so quickly on this important issue facing Delaware lawmakers. She commended members for addressing the issue rather than putting the sole responsibility on the Police Department. Mrs. Koppenhaver stated that residents need to be educated about the issue and learn ways to protect themselves and their families. She thanked members for including community members and for empowering them to research and present information on this topic. Mrs. Koppenhaver also thanked the committee for working so efficiently and for giving their time, attention, and direction. She relayed special appreciation to Mr. Slavin for serving as Chairman of the Committee and for becoming an organized advocate, taking the topic seriously, and for helping the committee build consensus when there was a difference of opinion. His focus, leadership, and attention are all very much appreciated.
On behalf of all concerned citizens, Mrs. Koppenhaver relayed appreciation, noting that working together, everyone can continue to achieve many levels of betterment for the City of Dover.
PRESENTATION - CERTIFICATES OF APPRECIATION FOR MEMBERS OF THE SEX OFFENDER LEGISLATION REVIEW COMMITTEE
The City Clerk read the following Certificates of Appreciation into the record:
WHEREAS, the Sex Offender Legislation Review Committee was formed by the Mayor and Council by Resolution adopted September 11, 2006; and
WHEREAS, the initial scope of the Committee was to research current sex offender laws, investigate current legislation under consideration by the State that are related to sex offenders, look into the current level of enforcement of the City's sex offender laws, explore what other cities and states are doing to protect children from those who commit sexual offenses against minors, and consider what measures the City can adopt to elicit a standard where sexual offenses will not be tolerated; and
WHEREAS, members of the Sex Offender Legislation Review Committee have worked tirelessly in researching all issues involved in order to develop recommendations that are objective and have been thoroughly considered to help all the citizens of Dover protect children of all ages against sexual predators; and
WHEREAS, as a result of their efforts, the Sex Offender Legislation Review Committee has submitted their Final Report and Recommendations to City Council on April 23, 2007, and thus, is hereby dissolved with heartfelt gratitude given to all members for their initiative, persistence, resourcefulness, and determination. With special recognition for their dedication, it is deemed an honor and privilege to present this
Certificate of Appreciation to
June Bell Phyllis Levitt
Ed Goate Shannon Mercer
William Hare Lisa Ratliff
Emma Joiner Ingram Maria Shroyer
Timothy A. Slavin (Chairman)
CITY OF DOVER
SEX OFFENDER LEGISLATION REVIEW COMMITTEE
Best Wishes on all Future Endeavors from the City of Dover
April 2007
Mayor Speed presented the Certificates to the members and, recognizing the complexity of the issue, relayed appreciation for their hard work.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED ON THE WEST SIDE OF BAY ROAD AT THE INTERSECTION WITH LAFFERTY LANE, (OWNED BY ISLAND FARM INC., DAVID K. HARER, AND RYAN W. LLOYD)
An annexation referendum was held on April 12, 2007 for property located on the west side of Bay Road at the intersection with Lafferty Lane, containing 3.30+/- acres, owned by Island Farm Inc., David K. Harer, and Ryan W. Lloyd. The equitable owner is Stillman Glade Associates, Inc.
Referendum Results
The City Clerk reported that the referendum was held on April 12, 2007, with three (3) eligible voters. Three (3) votes were cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Carey and unanimously carried.
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 those lots, pieces or parcels of land situate in East Dover Hundred, Kent County Delaware, being located on the westerly side of U.S. Route 113 and the easterly side of Delaware Route 1 and being shown as Lot A (tax parcel # ED-00-086.00-01-16.01-000), Lot B (tax parcel # ED-00-086.00-01-04.00-000) and Lot C (tax parcel # ED-00-086.00-01-03.00-000) on a plat entitled: "Annexation Plan For Stillman Glade Associates, LLC"; said plat prepared by Larson Engineering, Inc. and dated January 26, 2007; and all three lots being separately and more particularly described as follows:
Lot A
Beginning for the same at an iron pipe found on the northerly side of U.S. Route 113 on the right of way/denied access line of State Route 1 (see Delaware Department Of Transportation Plans - contract # 88-110-02, Part B; sheets 6 and 7); said point being situate a distance of 515.69 feet measured perpendicularly in an eastward direction from Station 116+38.43 of the baseline labeled as "CL Proposed S.R.1" on the said plans; and said point further being the southeasterly corner of the herein described Lot A as shown on a plan entitled: "Annexation Plan For Stillman Glade Associates, LLC" prepared by Larson Engineering Associates, Inc. and dated 1/26/07.
Thence leaving said beginning point so fixed and binding on the State Route 1 right of way/denied access line the six following courses and distances:
1. South 64°54'06" West, a distance of 194.56 feet to an iron pipe found, thence;
2. North 69°59'30" West, a distance of 114.98 feet to a concrete monument found, thence;
3. North 27°50'06" West, a distance of 154.02 feet to a concrete monument found, thence;
4. North 01°43'39" East, a distance of 233.19 feet to a concrete monument found, thence;
5. North 13°40'17" East, a distance of 306.30 feet to a concrete monument found; and thence:
6. North 68°23'57" East, a distance of 27.68 feet to a point located on the westerly right of way line of U.S. Route 113 as shown on the above referenced Delaware Department Of Transportation plans.
Thence leaving the right of way/denied access line of State Route 1 and binding on the U.S. Route 113 right of way line:
7. South 21°36'00" East, a distance of 369.00 feet to the northeastern corner of Lot C as shown on the above referenced Annexation Plan.
Thence leaving the U.S. Route 113 right of way and binding on the northern and western outline of Lot C the two following courses and distances:
8. South 68°24'00" West, a distance of 165.11 feet to a point, and thence:
9. South 21°36'00" East, a distance of 64.93 feet to a point located at the northwestern corner of Lot B.
Thence leaving Lot C and binding on the westerly and southerly outlines of Lot B the two following courses and distances:
10. Continuing on the same course; South 21°36'00" East, a distance of 130.00 feet to a point; and thence:
11. North 69°02'40" East, a distance of 165.12 feet to a point located on the westerly right of way line of U.S. Route 113at the beginning of the above referenced right of way/denied access line of State Route 1; said point being situate a distance of 473.00 feet measured perpendicularly in an eastward direction from Station 117+75.98 of the above referenced State Route 1 baseline.
Thence binding on the said right of way/denied access line:
12. South 21°35'59" East, a distance 116.00 feet to the first mentioned point and place of beginning.
Containing within said metes and bounds 2.560 acres of land more or less.
Subject to the condition that there shall be no right, privilege, permission or direct access to or from the premises hereby described along the lines which are specified as "Denial Of Access" lines on the above referenced Delaware Route One plans and as stated in a deed recorded July 28, 1998 in the Office of the Recorder of Deeds in and for Kent County, Delaware in deed book 270, page 331.
Lot B
Beginning for the same a point located on the western right of way line of U.S. Route 113 at the intersection of the division line between the herein described Lot B and the southerly adjacent Lot A; said point further being located at the beginning of the above referenced right of way/denied access line of State Route as described in course #11 of the above described Lot A.
Thence leaving said beginning point so fixed and binding on the outline of Lot A the two following courses and distances:
1. South 69°02'40" West, a distance of 165.12 feet to t point, and thence:
2. North 21°36'00" West, a distance of 130.00 feet to the southwestern corner of the northerly adjacent Lot C.
Thence leaving Lot A and binding on the southern outline of Lot C:
3. North 68°24'00" East, a distance of 165.11 feet to the above referenced western right of way line of U.S. Route 113.
Thence leaving Lot C and binding on the western right of way line of U.S. Route 113:
4. South 21°36'00" East, a distance of 131.86 feet to the first mentioned point and place of beginning.
Containing within said metes and bounds 0.490 acres of land more or less.
Subject to an easement agreement with the City of Dover recorded November 4,1990 in the Office of the Recorder of Deeds, in and for Kent County, Delaware, in deed book C, volume 49, page 87 and being more particularly described as follows:
Said easement being contained in it's entirety within the bounds of the above described Lot B; being a continuous 10 feet in width and running adjacent and parallel to the southerly boundary line of said Lot B; as shown on the above referenced Annexation Plan of which this description in based upon.
Lot C
Beginning for the same at a point located on the western right of way line of U.S. Route 113 at the intersection of the division line between the herein described Lot C and the southerly adjacent Lot B.
Thence leaving said beginning so fixed and binding on the northerly outline of Lot B:
1. South 68°24'00" West, a distance of 165.11 feet to the outline of the westerly adjacent Lot A.
Thence leaving Lot B and binding on the outline of Lot A the two following courses and distances:
2. North 21°36'00" West, a distance of 64.93 feet to a point; and thence:
3. North 68°24'00" East, a distance of 165.11 feet to the above referenced western right of way line of U.S. Route 113.
Thence leaving Lot A and binding on the western right of way line of U.S. Route 113:
4. South 21°36'00" East, a distance of 64.93 feet to the first mentioned point of beginning.
Containing within said metes and bounds 0.246 acres of land more or less.
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 24th day of April, 2007 at 12:01 a.m. o'clock.
ADOPTED: APRIL 23, 2007
Public Hearing - Zoning Classification
Mrs. Townshend, City Planner, 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 C-4 (Highway Commercial), noting that the property would be subject to the requirements of the Airport Environs Overlay Zone (AEOZ) upon annexation.
Council President Williams declared the public hearing open.
Mr. Connie Malmberg, 30 The Green, advised members that he is working on a proposed hotel and restaurant project and introduced Mr. Roger Stanley of Larson Engineering who is working on the site design. They offered assistance should members have questions regarding the proposed project.
Council President Williams declared the public hearing closed.
Mr. Hogan moved that the property located on the west side of Bay Road at the intersection with Lafferty Lane be zoned C-4 (Highway Commercial) and subject to the requirements of the Airport Environs Overlay Zone (AEOZ), 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 February 12, 2007.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED ON THE WEST SIDE OF BAY ROAD AT THE INTERSECTION WITH LAFFERTY LANE
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 - Single Family Residence and BN - Neighborhood Business (Kent County zoning classifications) to C-4 - Highway Commercial, subject to the AEOZ - Airport Environs Overlay Zone (City of Dover zoning classification).
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 and BN (Kent County zoning classification) to C-4 (City of Dover zoning classification) on those properties located on the west side of Bay Road at the intersection with Lafferty Lane, containing 3.30+/- acres, owned by Island Farm, Inc., David K. Harer, and Ryan W. Lloyd. The equitable owner is Stillman Glade Associates, Inc.
ADOPTED: APRIL 23, 2007
PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY ON THAT PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER, OWNED BY BLUE HEN CC, LLC
During their Regular Meeting of April 9, 2007, City Council tabled the consideration of a proposed amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC until the next Regular Council Meeting of April 23, 2007. As a result, the public hearing for the consideration of the proposed ordinance amendment was set for this time and place. (City Clerk’s Note: See Agenda Item #7, Rezoning Request from SC-3 to RM-2).
Mr. McGiffin moved to remove the matter from the table, seconded by Mr. Carey and unanimously carried.
Mr. Salters moved that the final reading of the proposed ordinance amendment be acknowledged by title only, seconded by Mr. Carey and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007)
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #3). She advised members that the property consists of 23.35+/- acres located east of South Bay Road and east of the Blue Hen Corporate Center. The amendment is being requested by DE Exchange, LLC and Blue Hen CC, LLC. The subject parcels are currently zoned SC-3 (Shopping Center Development) and are depicted on the Land Development Plan map as Commercial. The applicants are requesting a change in the land use designation from Commercial to Residential Medium Density and have submitted an application to rezone the property to RM-2 (Medium Density Residence Zone), which will be considered during the latter part of the meeting. Mrs. Townshend noted that the Planning Commission recommended approval of amending the Land Development Plan Map designation from Commercial to Residential Medium Density (and amending the zoning classification from SC-3 to RM-2).
Mrs. Townsend advised members that she erroneously answered a question of Council during their Regular Meeting on April 9, 2007 regarding the Blue Hen Corporate Center rezoning. When asked if the adjacent (daycare) parcel was included in the application, she had indicated that it was not. She advised members that the daycare parcel is a part of the application.
Mrs. Townshend stated that the City received a petition from the residents of Schoolview in opposition to the proposed amendments to the Comprehensive Plan and rezoning. She advised members that the total petitioning land owners account for 3.52 acres of the 10.71 acres that are within 100 feet of the subject site. It has been determined that the signatures comprised 32.86% of the land area in protest of the amendments to the Comprehensive Plan and rezoning. In accordance with Title 22, Chapter 3, of the Delaware Code, since this exceeds 20% of the property owners within 100 feet of the subject parcel, an affirmative vote of 3/4 of City Council would be required to approve the rezoning. Mrs. Townshend stated that although such a vote would not be required for approval of the proposed amendments to the Comprehensive Plan, she reiterated that these amendments are linked to the rezoning application.
For record purposes, Mrs. Townshend noted the receipt of a letter from Mr. Pettinaro, Blue Hen Apt., LLC, dated April 18, 2007, as well as a letter from Brig. Gen. (Ret) Bundy, on behalf of the Executive Board of the Central Delaware Chamber of Commerce, dated April 15, 2007, in support of the redevelopment plans for the old Blue Hen Mall, including the adjacent construction of an upscale apartment community. In addition, Mrs. Townshend noted that a letter, dated April 23, 2007, has been received from Mr. Pettinaro explaining that although included in the rezoning application, the plan for the use of the adjacent daycare parcel is to maintain the daycare center for at least the next five (5) years. She advised members that a letter of support, dated April 23, 2007, has also been received from the daycare center. A letter was also received from Mrs. Messina, dated April 19, 2007, opposed to the Comprehensive Plan amendment and rezoning.
Public Hearing
Council President Williams declared the public hearing open.
Mr. Jim McGinnis stated that he has been serving as an intermediary/negotiator between the developer and the Schoolview neighbors. He advised members that meetings were held and that the letter received from Mr. Pettinaro dated April 18, 2007 addresses many of the neighbors concerns, as well as the letter dated April 23, 2007, agreeing that use of the adjacent daycare parcel will be maintained for the next five (5) years.
Ms. Lisa Ratliff, 414 W. Carnoustie Road, relayed her support for the Pettinaro’s proposed development of the property. From her own experience, she stated that Dover not only needs additional apartments, but that new ones are needed. In addition to the apartments, for economic purposes, she felt that it would be beneficial for the Blue Hen Mall property to be redeveloped. Ms. Ratliff felt that if Mr. Pettinaro is willing to invest significant money in a dying, old building, that has the potential to eventually sit empty, the City should embrace the ideas, and support the efforts to assist in the success of the proposed project.
Mr. Greg Pettinaro, Pettinaro Development of Newport Delaware, distributed analysis information regarding apartments and housing (Exhibit #4) and he, along with Mr. Gregg Moore, Becker Morgan Group, Mr. Phil McGinnis, Delaware Association of Realtors, and Mr. Mark Dunkle, Attorney with Parkowski, Guerke, & Swayze, 116 W. Water Street, gave a brief presentation on the proposed development plans for the property (Exhibit #5).
Mr. Jim Preskenis, owner of Corporate Kids Day Care, indicated that their intention is to remain at their present location for many years. Being familiar with the work that has been done by Pettinaro, he indicated support for the amendment and advised members that he is encouraged by their acquisition of the property.
Mr. Bob Bunnell, 406 Brookfield Drive, addressed members as Executive Director of Luther Towers, explaining that Luther Towers is an apartment campus which has been in business for 26 years. It was his opinion that the proposal offers a high quality project. Noting that the owners will be retaining ownership, he stated that it has been his experience, as a director of an apartment campus, that if you build high quality apartments and retain ownership, there will be no choice but to maintain the apartments at the same high quality as they were built.
Mr. Bob McLeish, business owner in the City of Dover, stated that he grew up in the Schoolview neighborhood. He, along with his siblings, are currently in the process of settling their mother’s estate at 623 Roberta Avenue in Schoolview. Over the past year, going through this process, it has invoked many memories and also has made him realize how much change has occurred for the neighborhood. Mr. McLeish stated that his knowledge of projects that are developed by Pettinaro Development have been exemplary and that they are not known to develop and sell. They not only invest financially, but they become a part of the community. He relayed his support for the proposed change to the Comprehensive Plan and rezoning for the proposed Blue Hen Corporate Center.
Ms. Barbara Austin, 699 Roberta Avenue, advised members that she was representing several residents of the Schoolview neighborhood who were in attendance (approximately 38) and who oppose the proposed apartments. She explained that the residents do not object to commercial use, townhomes, or single family homes, their only objection is with one (1) out of the four (4) options, apartments. Ms. Austin also relayed concern with the possibility of the dead-end street on Crawford Avenue being opened for the new development, explaining that this would allow use of the community as an access road for people who do not live in the neighborhood, explaining that the streets in Schoolview are very narrow. Although the developer has shown that the plans do not indicate a connection to Crawford Avenue, she has been advised that it would only be opened if required by the City of Dover. Therefore, if approved, she requested that the Council stipulate that the dead-end street not be opened. Ms. Austin requested members to help preserve the quality of life for the residents of Schoolview, as well as property values, and deny the rezoning of the property.
Ms. Deborah Messina, 655 Roberta Avenue, requested that members vote against the rezoning of the Blue Hen Corporate Center vacant property from commercial to residential. For the record, she advised members that the residents of Schoolview were not against the Stover Complex either, only against the utility issue. She reiterated that the residents are not opposed to the development of the property, only to the apartments. Ms. Messina requested that members deny the rezoning to keep the potential of additional crime, traffic, and strain on utilities and schools in the neighborhood from becoming a reality even if the DAC report provides no comments on most of these issues. If members were to approve the rezoning, she requested that the five (5) intentions made by Mr. Pettinaro (letter of April 18, 2007) and any other items that the City feels would benefit the Schoolview community be required. She again stated that if apartments are approved, they should be limited to two (2) bedroom apartments, feeling that three (3) bedrooms would entice roommates and not families. Although apartments are not desired by the residents, Ms. Messina requested that members keep the resident’s wishes above the financial desires of the owner. She also requested that, for the future, the process and treatment by the City staff be reviewed and modified so that the tax paying residents of the City of Dover do not feel as the residents of Schoolview have felt during this process.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. McGiffin moved for approval of the amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. The motion was seconded by Mr. Slavin.
Mr. Ruane referred to his past record for voting on comprehensive plan amendments, which has been for it to be maintained in most instances; however, he explained that for this instance, it was his opinion that the case has been made that the downzoning would make a difference in the overall development that will take place on this property. It was his feeling that if the developer had not presented a comprehensive view of the entire site, including what is being proposed for the back site with the front site, he would not be in favor of the proposal. He felt that the comprehensive view addresses a very difficult area of the City that has been in need of development. With that respect, he relayed his support for changing the use of the property to residential, which he felt makes good planning sense, would be less intrusive, etc.
As mentioned by Ms. Messina, Mr. McGlumphy suggested that the City re-evaluate the handling of issues brought before City Council. He explained that information regarding a specific issue should be provided to members several days in advance, and not set on Council’s desk the evening of a meeting for which the item is to be acted upon. This same respect should be given to the residents so that they are aware of issues. It was his opinion that it is incumbent upon the City to afford some type of courtesy if a petition is submitted improperly by residents.
The motion to approve the amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC, was carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy) and Council adopted the following ordinance:
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND DEVELOPMENT PLAN DESIGNATION FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY ON PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 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 Commercial to Residential Medium Density.
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 Land Development Plan Map of the City of Dover has been amended by changing the land development plan designation from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC.
ADOPTED: APRIL 23, 2007
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER, OWNED BY BLUE HEN CC, LLC
During their Regular Meeting of April 9, 2007, Council tabled consideration of the rezoning of property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. As a result, the public hearing for the consideration of the proposed rezoning ordinance was set for this time and place. (City Clerk’s Note: See Agenda Item #6A, Amendments to Comprehensive Plan Update 2003, as Amended in May 2005 and September 2006). The property is currently zoned SC-3 (Regional Shopping Center Development) and the proposed zoning is RM-2 (Medium Density Residence).
Mr. McGiffin moved to remove the matter from the table, seconded by Mr. Hogan and unanimously carried.
Mr. Salters moved that the final reading of the proposed ordinance amend