SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 17, 2005 at 7:00 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 Mr. DePrima, Mr. Galvin, Mrs. Green, and Mr. Rodriguez.
The invocation was given by Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
PUBLIC HEARING/FINAL READING - COMPREHENSIVE REZONING PROJECT 2005
A public hearing was duly advertised for this time and place to consider a series of Plan Amendments to the Comprehensive Plan Update 2003, which includes a Comprehensive Rezoning Project 2005. Members were reminded that in September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware.
Planner's Review
Mr. Galvin, Director of Planning and Inspections, along with Ms. Melson and Mr. Sherman, reviewed the Comprehensive Rezoning Proposal and a summary table listing properties proposed for rezoning, staff’s recommendations and the recommendations of the Planning Commission (Exhibit #1). Mr. Galvin explained that staff of the Department of Planning and Inspections made original proposals for 27 areas that included 97 parcels. Four (4) areas, which included six (6) parcels, were changed based on the input during the public workshops and individual interviews. The Planning Commission reviewed and approved the amended recommendations of staff for all areas except those in the Wyoming Avenue, South Governors Avenue, and South Bradford Street areas.
It was noted that a petition had been submitted to the City Clerk in opposition to the rezoning of property located at 975 and 979 S. Governors Avenue; 101, 113, 117, and 141 Wyoming Avenue; and 1090 S. Bradford Street. The petition has been reviewed by the City Assessor’s Office and it has been determined that since more than 20% of the permitted area protested, the approval of an amendment will require a three-fourths (3/4) vote of Council.
Public Hearing
Council President Williams declared the hearing open.
Dr. Joel Halpern, 885 S. Governors Avenue, clarified that he did not initiate the proposed rezoning of properties located on Governors Avenue and Bradford Street. He advised members that there is a problem with parking, as well as exiting properties on Governors Avenue. It was his feeling that there has been a lack of communication on the part of the City. Dr. Halpern stated that he will support the desire of his neighbors in keeping the area zoned residential, with the hope that the City will assist with resolving parking problems along Governors Avenue.
Mr. Bill Dannenhauer, Master of Capitol Grange 18 located at 911 S. Governors Avenue, reviewed with members the function of the Grange, which is one of the oldest organizations in the community. The Grange provides support for the community and families, and their facility is used for a variety of reasons such as training sessions and is used by organizations such as Alcoholics Anonymous. The Grange objects to the property being zoned commercial, noting that if a disaster were to occur, the facility would have to be built to conform to the commercial zoning. For area 21, Mr. Dannenhauer requested that members maintain the current zoning classification.
Mr. Tom Whittendale, 968 S. Governors Avenue, stated that he has been a property owner since 1975. He was initially concerned with the proposed rezoning of the property along Governors Avenue, as recommended by staff. He relayed support for the Planning Commission’s recommendation for area 21 and 19 to remain residential.
Mr. Gary Patterson, President of the Downtown Dover Development Corporation, spoke in favor of the Planning Commission’s recommendation relative to areas 18 (to an I/O zoning) and 29 (to a C-3 zoning). It was his feeling that the IO rezoning classification represents the future desires of the City Council and will assist the Downtown Dover Development Corporation in meeting these desires.
Mrs. Greta Whittendale, 968 Governors Avenue, stated that she represents the neighborhood association for area 21, as well as the petition signers. The residents of S. Governors Avenue and S. Bradford Street are appreciative of the Planning Commission’s recommendation to maintain the residential zoning classifications of R-8 for area 21 and R-15 for area 19 and requested that members of Council support this action.
Mr. Justin Yelverton, 15 Park Lane, spoke in opposition to the rezoning of property located on Railroad Avenue (area 18). He explained that the rezoning from C-3 to I/O would limit his ability to utilize his property for business purposes. He stated that the Downtown Dover Development Corporation has no immediate plan for use of the property and requested that members should not cater to their desires. It was his feeling that the I/O zoning classification is not conducive to the area and requested that members deny the rezoning of the property.
Mr. Wendell Scott, owner of an auto repair shop at 604 Forrest Street, stated that he purchased the property in October 2004. If he knew that it was possible for the property to be rezoned, he would not have made the purchase. The rezoning of the property would limit his ability to enhance the use of the property, would limit those that the property could be sold to, etc. He made improvements to the building and the area and wishes to continue to make such improvements. Mr. Scott requested that members deny the rezoning of the property.
Mr. Wilford Yelverton, 222 Railroad Avenue, spoke in opposition to the rezoning. Although he has been in business at this location for more than 15 years, no one from the City has approached him to discuss the possible rezoning. Improvements are being made to the area and it was his feeling that the City is attempting to put these businesses out of business. It was his feeling that the area is not ready for a zoning classification of I/O and requested that members deny the rezoning of the property at this time.
There being no one else wishing to speak, Council President Williams declared the hearing closed.
Mr. Ruane moved for approval of the Comprehensive Rezoning Project 2005, as recommended by the Planning Commission (including area 29 as recommended by staff for a C-2 zoning classification), extracting area 18 for further review and discussion (Exhibit #1). The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Responding to Mr. Hogan, Mr. Galvin explained non-conforming use of buildings and indicated that modifications to structures would not be permitted nor would repairs be permitted if the structure was severely damaged as a result of fire or some other type of disaster.
Mr. Salters indicated his support for the future use of area 18 as an office complex; however, relayed concern with diminishing the use of property by current owners. Mr. Galvin noted that properties E and I in area 18 are owned by the Downtown Dover Development Corporation.
Mr. Scott and Mr. Yelverton were requested to provide members further explanation of their anticipation for use of the property. Members were advised that the C-3 zoning classification provides them with the opportunity to make improvements to the property and that the I/O zoning classification would hinder these desires.
Mr. Salters moved for approval of the rezoning of area 18 to I/O, as recommended by the Planning Commission, except for property 18D and 18F, which should remain a C-3 zoning classification. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following ordinance (the First Reading of this ordinance was accomplished during the Council Meeting of March 28, 2005):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE COMPREHENSIVE PLAN UPDATE 2003.
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, Delaware Code, Title 22, Chapter 3 Municipal Zoning Regulations, Section 303, Purpose of Regulations, states that zoning regulations shall be made in accordance with a Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide health, general welfare, adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and
WHEREAS, Delaware Code, Title 22, Chapter 7 Planning Commission, Section 702 (c) Comprehensive Development Plan, states that the Comprehensive Plan shall be the basis for the development of zoning regulations and that upon adoption of the Comprehensive Development Plan, the official zoning map shall be amended to rezone all lands within the municipality in accordance with the uses of land provided for in the Comprehensive Development Plan; and
WHEREAS, the City of Dover adopted The Dover Plan: 2003 Comprehensive Plan Update “From the People – For the People 2003-2008” on September 22, 2003; and
WHEREAS, the City of Dover has prepared a Comprehensive Rezoning Map 2005 showing recommendations to change zones for an identified series of properties so that the City of Dover Zoning Map is in accordance with the adopted 2003 Comprehensive Plan Update.
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 is amended by changing the zoning designations of specific properties to conform with the Zoning Map changes presented to City Council on May 17, 2005 as depicted on the map and summary table entitled “City of Dover Comprehensive Rezoning Project 2005.”
ADOPTED: MAY 17, 2005
As stated by Mr. Carey, all members agreed that the comprehensive rezoning of property should not create a hardship on long-term businesses; therefore, members disapproved the Planning Commission’s recommendation to rezone property 18D and 18F from C-3 to I/O.
Council President Williams declared a recess at 8:32 p.m.; the meeting reconvened at 8:40 p.m.
COMPREHENSIVE PLAN AMENDMENTS
During their Regular Meeting of March 28, 2005, Council set a public hearing for this time and place to consider approval of Comprehensive Plan Amendments, as follows: Land Development Plan Revisions (Map 11-1 and Chapter 11); Annexation Plan Revisions (Map 12-1 and Chapter 12); and Implementation Plan Revisions (Chapter 14). In September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware. Members were provided detailed information (as on file in the Office of the City Clerk) and the Planning Department staff gave a brief presentation regarding the proposed Land Development Plan Revisions, Annexation Plan Revisions, and Implementation Plan Revisions, as follows:
Land Development Plan Revisions (Map 11-1 and Chapter 11)
Chapter 11: The Land Development Plan discusses the future land development and land uses for properties with the City. It includes the Land Development Plan Map (Map 11-1) which outlines the future development of land in the City be depicting a land use type category for each parcel of land. These land use categories include Residential, Mixed Use, Commercial, Institutional, Office Parks, Industrial, Open Space, Agriculture, etc. During the review process for the Comprehensive Rezoning Project 2005, items in the Land Development Plan were identified as needing to be addressed, which has resulted in recommended changes to the Land Development Plan Map. These changes occur for many reasons, including the following: the results of approved rezoning applications including minor variations, perceived mapping errors, the ability for zoning classifications to comply in multiple land use type categories, updated data in specific areas, and planning visions for specific areas. Members were provided the recommended changes as depicted on a map and listed in a summary table.
Mr. Ritter relayed concern with the State arbitrarily designating property as Agriculture Preservation that is located in the City limits. He requested that staff investigate the process that would require the State to notify the City of Dover of their intentions to designate property as Agriculture Preservation prior to doing so.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing was closed.
Mr. Hogan moved for adoption of the Planning Commission’s recommendation (Exhibit #2). The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the 2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003 Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 11, Land Development Plan and Map 11-1.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover hereby amend Chapter 11 Land Development Plan and Map 11-1 of the 2003 Comprehensive Plan Update, as amended.
ADOPTED: MAY 17, 2005
Annexation Plan Revisions (Map 12-1 and Chapter 12)
Chapter 12: The Annexation Plan as approved in the adopted Comprehensive Plan Update 2003 anticipated an amendment to include the results of the Cost/Revenue Analysis Study for the potential annexation parcels and any changes to the Plan based on the results. The consultants hired by the City developed a methodology for assessing the costs and revenues for a series of properties depicted on the Annexation Plan Map. The revisions to the Annexation Plan will describe the Cost/Revenue Analysis Study project and its results. A narrative will also provide guidance as to the items to be considered during the Annexation review process. The Annexation Plan Map also currently places lands into categories, as follows: Category 1: Lands Identified for Annexation; Category 2: Lands Desirable for Annexation; and Category 3: Lands to be Evaluated for Annexation and Areas of Concern. In addition, a potential land use type is identified for lands in Category 1 and Category 2. The Amendment proposes re-categorization of potential annexation areas and revisions to the potential land use designation for identified annexation areas.
The Planning Commission recommended approval of the Annexation Plan Revisions (Chapter 12 and Map 12-1) including the items identified during the presentation and discussion. It was noted that the revisions have been incorporated into the materials presented to Council. The items included clarification or wording, spelling changes, and labeling omissions on the map.
Members discussed concerns with the concept of expanding City limits for properties south of Dover and felt that the expansion should reflect properties north and west of Dover. Mr. Hogan noted that the Annexation Plan Revisions may be protecting the City from other jurisdictions.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing was closed.
Mr. Hogan moved for adoption of the Annexation Plan Revisions (Map 12-1 and Chapter 12) and Planning Commission’s recommendation, with the understanding that staff be authorized to make the minor clarification amendments as suggested by the State. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the 2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003 Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 12, Annexation Plan and Map 12-1.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover hereby amend Chapter 12 Annexation Plan and Map 12-1 of the 2003 Comprehensive Plan Update, as amended.
ADOPTED: MAY 17, 2005
Implementation Plan Revisions (Chapter 14)
Chapter 14: The Implementation Plan outlines the time frame (Phases I-IV) for actions to be completed to implement elements of the Comprehensive Plan Update 2003. These actions include project activities such as ordinance review and development, studies on specific topics, and special plans. It is recognized that some changes are necessary to the Implementation Plan to be able to achieve resolution to the projects identified. For some project activities, the amount of consultation and documentation may not allow the City and staff to bring them to fruition within the current time frame given. Other changes reflect recent initiatives by the City and other agencies, such as Kent County’s Transfer of Development Rights Program. For this Amendment, a narrative was provided reflecting the revisions to the time frame for project activities and the addition of project activities.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
The Planning Commission recommended approval of the Implementation Plan Revisions (Chapter 14) as presented.
Mr. Ruane moved for adoption of the Implementation Plan Revisions (Chapter 14) as recommended by the Planning Commission. The motion was seconded by Mr. Carey and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION AMENDING THE 2003 COMPREHENSIVE PLAN UPDATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
WHEREAS, the Planning Commission of the City of Dover, on September 16, 2003 adopted the 2003 Comprehensive Plan Update; and
WHEREAS, the City Council of the City of Dover, on September 22, 2003, adopted the 2003 Comprehensive Plan Update pursuant to Title 22, Section 701 of the Delaware Code; and
WHEREAS, the State of Delaware, on October 2, 2003, certified the 2003 Comprehensive Plan Update “From the People - For the People ‘2003 to 2008'”; and
WHEREAS, the staff of the Department of Planning and Inspections and the Planning Commission have reviewed the 2003 Comprehensive Plan Update and recommend amendments to Chapter 14, Implementation Plan Revisions.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and Council of the City of Dover hereby amend Chapter 14 Implementation Plan of the 2003 Comprehensive Plan Update, as amended.
ADOPTED: MAY 17, 2005
Mr. Ritter moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:31 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of May 17, 2005, are hereby approved.
STEPHEN R. SPEED
MAYOR
/JG
S:ClerksOfficeAgendas&MinutesCouncil-Minutes20055-17-2005 Special-Council.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Summary Table Comprehensive Rezoning Project 2005
Exhibit #2 - Summary Table Land Development Plan Revisions 2005