REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 27, 2003 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Ms. Melson, Chief Bashista, City Solicitor Rodriguez, Mrs. Green, and Mayor Hutchison.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
Mr. Eric O’Brien, 30 North New Street, reiterated his concerns regarding the quality of life surrounding his residence. He noted that the problem of loitering, prostitution, and criminal activity has been on-going for ten (10) years and requested the City to address these concerns. Mr. O’Brien suggested installing “No Standing” signs in order for the police to have something to enforce.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Ms. Melson, Interim City Planner, advised members that the owner of record for the annexation of 1196, 1198, 1210, and 1234 South Governors Avenue should be Creekstone instead of Creekside.
Mr. Carey moved for approval of the agenda, as amended, seconded by Mr. Speed and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 13, 2003
The Minutes of the Regular Council Meeting of October 13, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Carey, and bore the written approval of Mayor Hutchison.
PRESENTATION - MYERS PARK FALL FLORAL ARRANGEMENT
Mr. DePrima, City Manager, advised members that Mr. Koenig, Public Works Director, brought to his attention the fall floral arrangement on display at Myers Park as a part of the overall City Beautification Program. Mr. DePrima felt members of Council who may not have had the opportunity to see it would enjoy a PowerPoint presentation of the display.
Mr. William Cooper, Superintendent of the Grounds Division, stated that the Myers Park display was, without a doubt, the best fall display the City has ever done. He noted that Ms. Tiffany Gingerich, Nurseryman II, was in charge of the Beautification Program and that she deserved the lion’s share of the credit for the beautiful display.
Mr. Cooper stated that Ms. Gingerich was participating in a work study program at Longwood Gardens when she was hired by the City on June 2, 2003.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 13, 2003
The Legislative, Finance, and Administration Committee met on October 13, 2003 with Chairman Speed presiding.
Hospitality and Civic Function Policy
During their Regular Meeting of August 25, 2003, Council adopted a memo dated October 30, 2000, outlining the current practice/guidelines related to expenditures that are permitted from City funds for Council members based on the benefit derived by the taxpayer, as an interim guideline for both Mayor and Council. Since that time, members have been in the process of drafting a policy and, during the meeting of October 13, 2003, the Committee recommended approval of the Hospitality and Civic Function Policy, as amended.
Mr. Speed moved for approval of the Hospitality and Civic Function Policy, seconded by Mr. Ritter.
Mr. Carey expressed concern with the requirement on page 2, “Official Business”, of providing a typed agenda in order to be reimbursed for meeting attendance. He noted many occasions when legitimate meetings are held without a typed agenda. Mr. Carey suggested replacing the requirement of a typed agenda with the requirement of “supporting documentation”.
Mr. Carey moved for approval of the amendment, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Noting that item #6 on page 7 requires “A Typed Agenda”, Mr. Carey suggested replacing item #6 with the following: “Supporting documentation of the meeting/event”.
Mr. Carey moved for approval of the amendment, seconded by Mr. Salters and carried by a unanimous roll call vote.
Referring to page 7, item #10, “A Certification”, Mr. Carey suggested changing the word “host” to “attendee”, thereby permitting the attendee to certify his or her attendance at a meeting. Mr. Speed suggested amending item #10 to read: “host or attendee, as applicable,” instead of replacing “host” with “attendee”. Mr. DePrima stated that since the section refers to pre-authorization, the word “were” should be replaced with “to be”.
Mr. Carey moved for approval of the amendment, seconded by Mr. Speed and carried by a unanimous roll call vote.
Mrs. Williams expressed concern with receiving Mrs. Mitchell’s concerns regarding the IRS, with reference to the policy as late as 10:00 a.m. on the day that the policy was to be voted on. She questioned whether the policy was actually a “finished product”. Mrs. Mitchell noted that she was only trying to clarify, not express concerns.
Referring to page 3, “Retreats, Meetings and Business Meals”, Mr. Speed moved to delete the last sentence of the last paragraph to correspond with a previously adopted amendment. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Speed moved to delete IX. Review & Revision in its entirety since an annual review was previously stipulated on page 8, paragraph C, Finance Department and Council Responsibilities, of the policy. The motion was seconded by Mr. Ritter and carried by a unanimous roll call vote.
The motion for approval of the Hospitality and Civic Function Policy, as amended (Exhibit #1), was carried by a unanimous roll call vote.
Mr. Speed moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Carey and unanimously carried.
SPECIAL UTILITY COMMITTEE REPORT - OCTOBER 20, 2003
A Special Utility Committee Meeting was held on October 20, 2003, at 4:30 p.m. with Chairman Ruane presiding.
Replacement of the Failed St. Jones Substation 22:12KV Transformer Tapchanger
On August 17, 2003 the tapchanger on City of Dover Transformer 2212-60-1, located at St. Jones Substation, exploded causing permanent damage to the tapchanger mechanism. The function of a tapchanger is to compensate for voltage swings; without a tapchanger, the transformer does not function. It was noted that the transformer was not damaged by the explosion. The Danner Farm, Frazier, and Horsepond Substations, along with the City’s portable substation, are currently serving the loads normally handled by the St. Jones Substation; however the current arrangement will not suffice during the summer peak demand period.
Funding for this unbudgeted expense is available through the Distribution Upgrades Account #487-8300-563-90-25, and can be located on Page 140 of the 2003-2004 Draft Operating Budget, Electric Engineering Division, Distribution Upgrades.
Staff recommended awarding the bid to the low bidder, Electri-Comm, Inc., in the amount of $37,157, for supplying and installing a rebuilt tapchanger (includes a one-year warranty).
The committee recommended approval of the purchase and installation of a rebuilt tapchanger from the lowest bidder, Electri-Comm, Inc., at the price of $37,157, as recommended by staff.
Mr. Speed moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
Annexation of Property - 5096 Hazlettville Road, owned by Alvin L. Brittingham (Equitable Owner - Stover Homes)
Prior to discussion of the above-mentioned annexation request, Mr. Ruane explained to members that new requirements for annexations have been mandated by the Office of State Planning Coordination, pursuant to §101 of Title 22, of the Delaware Code. It was necessary for the City of Dover’s Comprehensive Plan to be certified, which was accomplished on September 22, 2003. A “Plan of Services” must also be submitted to State Planning Coordination Office for review and acceptance prior to final legislative action on municipal annexations. The plan services shall be conducted in accordance with standards or criteria set by the Cabinet Committee on State Planning issues.
Mr. DePrima stated that this is a new requirement for the State Planning Office, as well as for the City of Dover. The new legislation prevents municipalities from prematurely annexing areas that they are unable to service.
Ms. Melson informed members that, as identified in the City’s Comprehensive Plan Update, all future annexations will be reviewed from a cost benefit stand point. She stated that the annexation request for 5096 Hazlettville Road (lands of Alvin Brittingham) was the first annexation being processed with the new state regulations.
Members reviewed The “Plan of Services” form for the Brittingham Annexation, along with the “Cost /Benefit Analysis Prototype”. Ms. Melson stated that the property located at 5096 Hazlettville Road is identified in the Annexation Plan, as a Category 2, which is includes lands that are desirable for annexation.
Members reviewed the annexation request for property located at 5096 Hazlettville Road, consisting of 107.8+/- acres. The property is owned by Alvin L. Brittingham. The equitable owner is Stover Homes.
The Planning Staff recommended that the property be annexed into the City of Dover and that the property be zoned RM-1 (Medium Density Residence) upon annexation, as recommended by staff.
The committee recommended approval of the Planning Commission’s recommendation for annexation of property located at 5096 Hazlettville Road, contingent upon the “Plan of Services” being approved by the State Planning Coordination Office.
Mr. Speed moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
Discussion - Proposed Policy for Utility Improvements
Staff wishes to introduce a “betterment” policy that would set protocols for utility improvements when (the City of Dover is) entering into agreements with developers and would address ways to share the cost of system upgrades. The policy would prove beneficial when upgrading and extending the City’s utility systems.
The betterment policy focuses on the fringe area’s of the City of Dover. As an example, in 1996, the developer of Cranberry Run planned to extend the 8" water pipe from the Heatherfield Subdivision in order to feed the proposed Cranberry Run Subdivision. Although the 8" pipe would have technically been sufficient to serve Cranberry Run, it would not have been a large enough pipe to go further to the west. At the time the City negotiated a price, in the amount of $9,000, with the contractor of Cranberry Run to upgrade the proposed 8" pipe to a 12" pipe, for future extensions. The policy would be used as a tool to negotiate improved utilities in the future.
The Utility Improvements Policy will be presented to the Utility Committee once it is in draft form. The policy will be relative to water and sewer, however, it could be used for electric as well.
No further action was taken.
Update - Electric Rate Study Implementation Plan
In an effort to keep members abreast of staff’s progress on the Electric Rate Study Implementation Plan, it was requested that an update be given during every Utility Committee Meeting.
Mr. DePrima informed members that the data collection process had been completed and provided members with the following information: 1) Time Line for the Electric Rate Study Implementation Plan; 2) Status of Transformer Ownership (an inventory of transformers and the status of ownership); 3) Special Account Information (an inventory of the special account classes with details); and 4) Rate Comparisons (revised rate comparisons adjusting for power cost adjustments).
No further action was taken.
Meeting Schedule
The proposed meeting day and time for the Utility Committee has been scheduled for the Tuesday following the fourth Monday of each month at 4:30 p.m. Mr. Ruane requested members to also reserve the Tuesday after Monday’s meeting to be used “as needed”.
The committee recommended approval of the above meeting schedule.
By consent agenda, Mr. Speed moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
By consent agenda, Mr. Speed moved for acceptance of the Utility Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote.
TRANSPORTATION REVIEW COMMITTEE REPORT - OCTOBER 21, 2003
The Transportation Review Committee Meeting was held on October 21, 2003, at 12:00 noon with Chairman Ruane presiding.
Status of Saulsbury Road Feasibility/Planning Study (DelDOT Representatives: Jay Kelley and Robert McCleary)
Mr. Robert McCleary, State of Delaware Department of Transportation, explained that DelDOT is currently in the process of finalizing the contract with the consultants and securing the necessary funding. Once the contract with the consultants has been finalized, representatives from Kramer and Associates would begin conducting a series of interviews with various members of the community (business and civic leaders, residents, etc.). These interviews will provide the Department with what the community feels the transportation problems are in the area. Mr. McCleary stated that the task would be to determine what the transportation problems are before they begin developing a solution.
Mr. McCleary explained that there were two (2) separate efforts underway: the development of Eden Hill Farm and the extension of Saulsbury Road. The development of this property would entail a rezoning of the property, which they are not involved in, and the separate effort of the extension of Saulsbury Road. Their involvement from this point forward would not deal with land use issues. Mr. McCleary stated that DelDOT was considering the potential of extending Saulsbury Road through Eden Hill Farm and connecting it to some point on New Burton Road. Although there have been connecting points identified as potential locations, no decision has been made as to where this connection will occur. First, a determination of the problems is necessary, then the process of developing potential solutions can begin. These potential solutions will be developed from the interviews conducted by the consultants. He stated that DelDOT will develop computer simulation models of the proposed solutions and present them to the public at a workshop.
Mr. McCleary indicated that Secretary Hayward made it clear that this would be a “whether and where” project; first determining if it makes sense to move forward with some type of connection and if so, where such a connection should be located.
Responding to Mr. Ruane, Mr. McCleary explained the manner in which improvements in the area would be approached by DelDOT. It would be necessary for assumptions to be made to provide for a multi-modal solution, to include transit, bikes, pedestrians, etc. He assured members that W. Reily Brown Elementary School would be taken into consideration, realizing that it truly serves as a neighborhood school with many of the students walking to and from neighborhoods in the area. This was just one of many concerns that would be balanced and factored into the equation to decide whether or not the project should come to fruition.
Mr. McCleary reminded members that DelDOT was just in the beginning stages and that the initial workshop scheduled to be held in the spring would have a certain amount of information, but all issues would not have been analyzed at that time.
Mr. Ruane questioned if a firm decision had been made that the roadway would be connecting onto New Burton Road. Mr. McCleary explained that no firm decision had been made whatsoever. The notion that the roadway could connect further down on Wyoming Mill Road would be another option. DelDOT must creatively determine where the roadway extension would make the most sense to connect, the potential impacts, benefits, costs, etc. and then decide the best way to move forward to have it accomplished.
Mr. Jay Kelley, State of Delaware Department of Transportation, explained that Kramer and Associates would first be meeting and coordinating with DelDOT to develop a list of interview questions. DelDOT has obtained a list of 12 individuals who are interested and wish to be directly involved with this project. Once the list of interview questions is developed, Kramer and Associates will interview those 12 people. They will then summarize and report the results and submit a proposal for proceeding to DelDOT.
Discussion - Traffic Impact Studies - Review of current Requirements and Suggested Modifications or Improvements (e.g. Wyoming Mill Road, North Street, and Hazlettville Road) - Appendix B - Zoning Code, Article 5 - Supplementary Regulations, Section 8 - Performance Standards
Members were provided copies of Section 8 of Article 5 - Supplementary Regulations of the Zoning Code that explains the requirement of property owners to comply with the performance standards review procedure. Mr. Ruane also provided members with copies of Section 15 of the Traffic Impact Studies (TIS) for DelDOT and information from Mr. T. William Brockenbrough regarding possible amendments to the TIS.
Mr. Ornauer suggested that the same comprehensive TIS be required, as was done for the developments in the area of the SR1/RT8 Interchange, for the proposed developments in the area of Hazlettville and Wyoming Mill Roads, inclusive of any possible development further west. Mr. Laing, DelDOT, explained that the development located at the SR1/RT8 Interchange are all in a centralized area, which is easier to combine in a TIS than those developments more spread out because it can become difficult to decide when and where to stop including possible development.
Mr. Ruane explained that his purpose for having members consider this matter was to understand the City’s current policies and procedures for TIS, and then to understand the State’s. Also, how the two jurisdictions interface or integrate and, noting that the State is currently reviewing their policies and procedures for TIS, suggested that the City may want to review their policies and procedures.
Mr. Ruane noted that the revisions being considered by DelDOT are to develop standards based on local traffic rather than national traffic. With an understanding of the City’s ordinance and policies, he suggested that members review the State’s policy and proposed revisions for discussion at the next meeting of the committee. In the meantime, he will contact Mr. Brockenbrough for the status of the revisions to the State’s policy.
MPO/PAC/TAC Report
Mr. Ornauer advised members that bids have been requested for the Walker Road and Scarborough Road Access (Crawford Carroll Avenue). A request has been submitted by MPO to DelDOT, for additional information regarding the Signage on U.S. Route 13 to allow for a better understanding.
UPDATES
During the past several months, members have been kept abreast of certain issues relative to transportation, as follows:
Eden Hill Farm
Members were provided with a letter dated October 17, 2003 to Mr. Reeb, Office of Planning for DelDOT, regarding the Eden Hill Farm Project. Mr. DePrima stated that the City would be considering the recommendations of the Comprehensive Plan Update for the development of the Eden Hill Farm. He noted that the Plan calls for the creation of a new Traditional Neighborhood Design Zone to be incorporated in the City’s Ordinances.
Traffic Studies - SR1/RT8 and East Dover Housing Development Projects
Mr. Laing advised members that a workshop regarding the SR1/RT8 traffic study is scheduled to be held on November 12, 2003; the location was not yet known. Information has already been provided regarding the impact of the interchange. At the workshop, results of the traffic impact study of the East Dover housing development project will be made available.
Responding to Mr. Ruane, Mr. DePrima explained that the Planning Commission’s approval of the new developments could be contingent upon a satisfactory entrance approval from DelDOT. The developer will not be permitted to record the plan unless a letter is received from DelDOT indicating that all requirements have been met. In addition, the City will not issue building permits until a notice to proceed letter is issued.
In response to Mr. Ornauer, Mr. Koenig stated that the follow-up and assurance that all criteria has been met is now an administrative function.
TEA-21 Re-authorization and Intermodal Bus Terminal
Mr. Ruane requested that members defer discussion on the TEA-21 re-authorization and intermodal bus terminal until the next committee meeting.
North Street and State Street Intersection Study
Due to staff’s time available to conduct a study of the North and State Street Intersection, Mr. DePrima suggested that members recommend the installation of signs restricting left-hand turns during peak periods. He explained that, depending on the number of complaints received, the restrictions may or may not remain.
Noting that the City has not contacted merchants to obtain their feelings, Mr. Laing indicated DelDOT’s reluctance to install signs that could cause confusion to motorists, since the signs may be taken down. He explained that when this type of action takes place, motorists are not sure if the signs have been vandalized and are missing or if the restriction has truly been removed.
After much discussion, Mr. Laing stated that he would determine if DelDOT was willing to assume the responsibility for conducting the study and report back to members.
Water Street Drainage and Resurfacing Between New/Queen Streets and Governors Avenue
Members were advised of a drainage problem on Water Street and what, if anything, could be done to alleviate this problem when the resurfacing of the street between New/Queen Streets and Governors Avenue was being accomplished.
Mr. Koenig explained that the absolute solution would be the installation of a huge drainage pipe. An analysis has determined that this would be a multi-million dollar project, which the City is not willing to fund. Staff is considering an Enhancement Grant that would provide for underground water flow to be built. An alternative would be to install a storm water pumping station.
Status of Road Projects
Mr. Koenig reported the following status of road projects:
1) Clarence Street - the City has received authorization to start this project;
2) Division Street - will begin project following the completion of Loockerman Street;
3) East Loockerman Street - project is being completed under DelDOT’s Pavement Maintenance Contract, not as an enhancement project. The status of the City’s application for the enhancement project is undetermined at this time. Mr. Laing advised members that the City has prohibited the continuation of night work due to the receipt of resident complaints. His concern is that, due to this being a heavily traveled roadway during the daytime hours, more complaints will be made to the City due to this change. (City Clerk’s Office Note: In an e-mail received October 22, 2003, Mr. Laing indicated that the Interim City Planner has worked out an accommodation to allow DelDOT to continue the night work on Loockerman Street. The working hours have been moved, allowing more work to be done before people retire in the evening. DelDOT will also attempt to work in the residential section in the earlier hours. There was also a note that the brick sidewalks are scheduled to be replaced as part of this project);
4) Webbs Lane - DelDOT has completed paving and handicap accessibility improvements from New Burton Road to Governors Avenue. This work is not part of the Webb’s Lane Sidewalk Project. It was noted that there is a substantial amount of debris that remains to be cleaned up; and
5) Paving of College Road from Saulsbury Road to Kenton Road - Mr. Koenig has submitted a request to DelDOT for this work and will report back on the status at the next meeting. The City and MPO have requested major upgrades to this corridor and these upgrades are being submitted to DelDOT for their CTP.
Meeting Schedule
It was the consensus of members to schedule the Transportation Review Committee meetings on Tuesday following the Second Monday of each month at 12:00 noon (i.e. November 11, 2003, December 9, 2003, January 13, 2004, etc.).
It was noted that November 11, 2003 is the Veteran’s Day Holiday; therefore, it was agreed that the meeting for November would be held on Wednesday, November 12, 2003 at 12:00 noon.
Mr. Speed moved for acceptance of the Transportation Review Committee Report, by consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
ANNEXATION/REZONING PUBLIC HEARING/FINAL READING - PROPERTY LOCATED AT 5096 HAZLETTVILLE ROAD (OWNED BY ALVIN L. BRITTINGHAM)
An annexation referendum was held on October 16, 2003, for property located at 5096 Hazlettville Road, owned by Alvin L. Brittingham.
Annexation Referendum Results
The City Clerk reported that the referendum was held with one (1) eligible voter. One (1) vote was cast in favor of the annexation, with no votes cast against annexation.
Mr. Salters moved to accept the referendum results, seconded by Mr. Speed and carried by a unanimous roll call vote.
Annexation Resolution
Mr. Ruane noted for the record that correspondence dated October 23, 2003, was received from Mr. David Edgell, State Office of Planning Coordination, confirming receipt of the City’s completed Plan of Services. The letter noted that the City has completed all relevant annexation requirements, as per Title 22, Section 101 of the Delaware Code; therefore, their office had no objections to the annexation of this property.
By motion of Mr. Speed, seconded by Mr. Carey, 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 farm, piece or parcel of land with improvements thereon erected, situated in East Dover Hundred, Kent County, and State of Delaware, lying on the southwest corner of the intersection of Hazlettville Road and Wyoming Mill Road; being bounded on the north by Hazlettville Road; on the east by Wyoming Mill Road; on the south by lands of Kathlyn M. Hall and lands of Forest Shoupe and on the west by lands of Farm Lands L.P.; and being more particularly described in accordance with a recent survey by Becker Morgan Group, Inc., dated August 8, 2003, as follows to wit:
BEGINNING at a point in the southerly right-of-way line of Hazlettville Road at the southwest corner of the right-of-way intersection of Hazlettville Road and Wyoming Mill Road; thence from said point of beginning in a southerly direction and with the westerly right-of-way line of Wyoming Mill Road on the following four (4) courses and distances South 20° 10’ 58” West, a distance of 935.67 feet to a point; thence 2) curving to the left on the arc of a circle having a radius of 1,669.45 feet an arc distance of 736.20 feet; the chord bearing of said arc being South 07° 32’ 58” West, a distance of 730.25 feet to a point of tangency; thence 3) South 05° 05’ 02” East, a distance of 827.55 feet to a point; thence 4) curving to the left on the arc of a circle having a radius of 11,489.16 feet an arc distance of 296.21 feet; the chord bearing of said arc being South 05° 49’ 22” East, a distance of 296.20 feet to a point, at a corner for this parcel and lands of Kathlyn M. Hall; thence turning and running in part with said lands of Hall and in part with lands of Forest Shoupe South 65° 56’ 11” West, a distance of 1,145.23 feet to a point at a corner for this parcel and lands of Farm Lands, L.P.; thence turning and running with said lands of Farm Lands, L.P. North 24° 18’ 49” West, a distance of 2,621.55 feet to a point at a corner for this parcel and in line with the southerly right-of-way line of Hazlettville Road; thence turning and running with Hazlettville Road right-of-way the following five (5) courses and distances 1) North 65° 36’ 30” East, a distance of 732.51 feet to a point; thence 2) North 65° 02’ 40” East, a distance of 1,030.27 feet to a point; thence 3) curving to the right on an arc of a circle having a radius of 543.39 feet an arc distance of 224.04 feet; the chord bearing of said arc being North 76° 51’ 23” East, a distance of 222.46 feet, to a point of tangency; thence 4) North 88° 40’ 05” East, a distance of 492.43 feet to a point; thence 5) curving to the right on an arc of a circle having a radius of 2,643.17 feet an arc distance of 130.34 feet; the chord bearing of said arc being South 89° 55’ 09” East, a distance of 130.33 feet to the point and place of beginning and continuing 104.58 acres of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of RM-1 (Medium Density Residence) 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 28th day of October, 2003 at 12:01 a.m.
ADOPTED: OCTOBER 27, 2003
Rezoning Public Hearing and Final Reading of Proposed Ordinance to Amend the Zoning Designation From AC - Agriculture (Kent County) to RM-1 - Medium Density Residential (City of Dover)
A public hearing was duly advertised for this time and place to consider rezoning of property located at 5096 Hazlettville Road, containing approximately containing approximately 107.8 acres, owned by Alvin L. Brittingham. The property is currently zoned AC - Agriculture (Kent County) and the proposed zoning is RM-1 - Medium Density Residential (City of Dover).
Ms. Dawn Melson, Interim City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #2). The Planning Commission recommended that this request for annexation be approved and that the property be zoned RM-1 (Medium Density Residential Zone) upon annexation. As part of the motion, the Planning Commission noted that the final City Council approval of the annexation should be subject to the certification of the Comprehensive Plan Update and approval of the Plan of Services (as noted in the Development Advisory Committee (DAC) comments) and with the understanding that the Cost/Benefit Analysis for the property will take place. The motion also made reference to the letter received from Office of State Planning Coordination.
Council President McGlumphy declared the public hearing open.
Ms. Alice Shoupe, 1349 Wyoming Mill Road, asked whether or not the applicant was aware that there was an easement for the power line running through the property. She was advised that building could not occur within 150' of the easement (75' on each side). Ms. Melson, Interim City Planner, stated that the engineer for the project was aware of the easement and was working with the power company in that regard.
Responding to Ms. Shoupe, Ms. Melson stated that the City Code would not require a fence between two (2) residential properties and that stormwater management would be addressed during the Site Development Plan process. Ms. Melson advised members that property owners within a specific distance of the subject property would be notified of the meeting.
Council President McGlumphy declared the public hearing closed.
Mr. Carey moved that the ordinance be accepted by title only, seconded by Mr. Ritter and unanimously carried.
Mr. Carey that the property be zoned RM-1 (Medium Density Residential) as recommended by the Planning Commission. The motion was seconded by Mr. Ritter 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 August 25, 2002):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 5096 HAZLETTVILLE ROAD
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 AC (Agricultural Conservation) (Kent County zoning classification) to RM-1 (Medium Density Residence) (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 AC (Kent County zoning classification) to RM-1 (City of Dover zoning classification) on that property located at 5096 Hazelettville Road, containing approximately 107.8 acres, owned by Alvin L. Brittingham.
ADOPTED: OCTOBER 27, 2003
CONCEPTUAL PLAN - CLEARVIEW MEADOW SUBDIVISION - PLANNED NEIGHBORHOOD DESIGN
The Planning Office is in receipt of a proposal to establish a Planned Neighborhood Development on 89 acres +/- of land to be known as Clearview Meadow. The subject property is located on the south side of North Little Creek Road and north of the South Little Creek Road and east of Babb Drive. The property is zoned R-8 (One Family Residence Zone), R-10 (One Family Residence Zone), RM-1 (Medium Density Residence Zone), and RM-2 (Medium Density Residence Zone). A portion of this property is also subject to the AEOZ (Airport Environs Overlay Zone). This property was part of the plan for the development known as Amberfield, which has since expired. The owner of record is AL-JOHN Corporation. The equitable owner is Marta Homes, Inc.
The applicant proposes the construction of a development consisting of the following: 171 single family homes, 30 duplexes, and 96 townhouses. Access to the site would be provided by connections to North Little Creek Road, South Little Creek Road, and the continuation of Babb Drive.
The applicant is seeking approval under the Planned Neighborhood Design Ordinance (see Zoning Ordinance Article 3, Section 24.1.a). The Ordinance sets forth a three-step review and approval process. In the first step, the developer shall meet with the City Council and present a general sketch plan. The City Council shall determine whether or not the proposed project is of such a design and type that warrants further review by the Planning Commission.
Ms. Melson reviewed the proposed Planned Neighborhood Design (Exhibit 3).
Mr. Ritter stated that he would prefer single-family homes throughout the development rather than a mix of single-family, townhouses, and duplexes. It was his feeling that Planned Neighborhoods were becoming more prevalent and he would prefer more diverse housing options.
Mr. Ruane asked Ms. Melson to elaborate on how this development would provide a “superior residential environment” that is not possible under the conventional zoning. Ms. Melson stated that the base zoning for the property consisted of four (4) different zoning classifications. In order to develop in each of those zones, the applicant would be limited to the type of dwelling units permitted in those zones. The Planned Neighborhood Design will provide flexibility in the configuration of development, such as the location of the units with regard to connectivity, stormwater management, and open space issues.
Responding to Mr. Ruane’s concerns regarding linkage streets and sidewalks between the adjoining residential subdivisions, Ms. Melson stated that an opportunity does not exist on East Loockerman Street due to the buildout of houses in the Edgehill community, as is the case with the apartment complexes to the south of the site. She noted that sidewalks would be installed along all proposed streets in the development, as well as frontage on South Little Creek Road and a small portion of North Little Creek Road. Ms. Melson stated that the property would connect to Babb Drive. She also indicated that they would consider the possible connection to an adjacent property which is currently outside City limits.
Mr. Ruane asked if the Traffic Impact Study would be completed prior to the Planning Commission review of the site plan. Ms. Melson stated that staff would provide the Planning Commission with the most current information available at the time of the review. Mr. Ruane emphasized the importance of having the appropriate information available for the decision making process.
Mr. Speed moved to refer Clearview Meadow Subdivision - Planned Neighborhood Design Conceptual Plan to the Planning Commission as recommended by staff. The motion was seconded by Mr. Salters and carried with eight (8) yes, one (1) no (Mr. Ritter).
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION
The Robbins Hose Company election is scheduled for November 17, 2003. The following persons have been recommended to serve as judges for the election:
1. John M. Hurd 2. John L. Lecompte II 3. Lawrence J. Hardy (alternate)
Mr. Speed moved for approval of the appointment of judges for the Robbins Hose Company election by consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote.
MONTHLY REPORTS - SEPTEMBER 2003
By consent agenda, Mr. Speed moved for acceptance of the following monthly reports, seconded by Mr. Carey and carried by a unanimous roll call vote.