REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 13, 1999 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, and Mr. Salters. Mr. Weller was absent.
Council staff members present were Major Mays, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mrs. Rexene Ornauer, 17 Mifflin Road, indicated that Procter & Gamble has recently completed the sidewalk installation along Hazlettville Road, which ends at the property line of the City’s substation. She requested that the City consider completion of the sidewalk to continue in front of the substation.
Responding, Mr. O’Connor stated that the installation of a sidewalk at this location has been authorized and should be accomplished in the near future.
Mr. Michael Malkiewicz of Barros, McNamara, Scanlon, Malkiewicz, & Taylor, addressed members on behalf of his client Mr. Carl Moore. He reminded members that Mr. Moore previously submitted a rezoning request for property located on Old Leipsic Road. At this time, Mr. Malkiewicz requested that members consider an amendment to the current policy that would allow commercial vending on residential properties. He explained that the request is for such amendment to be limited to Old Leipsic Road, for those properties located immediately adjacent to Dover Downs, and to be permitted six (6) days of the year - Friday, Saturday, and Sunday during Nascar races. Mr. Malkiewicz noted that this matter has been discussed previously by City Council and provided details regarding the situation in the area during race week. He advised members that a video was taken of the area during race week and has been provided to the City Manager and City Planner for their review and a better understanding of the circumstances. He urged members to provide Mr. Moore fairness and equity by reconsidering the matter and allow Mr. Moore to have vendors on his property during the Friday, Saturday, and Sunday of race week.
Council President Christiansen suggested that Mr. Malkiewicz submit a letter requesting the City’s Legislative and Finance Committee to consider legislation that would provide the relief as requested.
Responding to Mr. Malkiewicz, Council President Christiansen stated that at this point in time and in accordance with the City Code, he did not feel that Council could provide Mr. Moore relief for the upcoming race.
Mayor Hutchison announced that a press conference will be held on September 14th at 3:00 p.m. at the Garrison Farm, located on the north side of White Oak Road east of SR #1, and invited members to attend He stated that the press conference will provide the City the opportunity to join representatives of the State and County governments, along with our educational representatives, in identifying this property, now owned by the City of Dover, to be developed for a major technology-employment center. The purchase of the Garrison Farm will afford long-term future benefits to the community by providing opportunities for major economic investment and employment. The City of Dover, Kent County, and the State of Delaware, working together in partnership with educational institutions, have identified the Garrison Farm as being important for the future of Central Delaware and its citizens and are committed to developing the property as a high-technology industrial park.
The invocation was given by Reverend Leroy Jones, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone requested the addition of item #3-C, Memo Regarding Summer Playground - Year 2000. Mr. Salters requested the addition of item #7-B, Agreement - Regional and Long Distance Telephone Service Provider.
Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Truitt and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 23, 1999
The Minutes of the Regular Council Meeting of August 23, 1999 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PROCLAMATION - CONSTITUTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS, September 17, 1999 marks the two hundred twelfth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 - 23 as Constitution Week.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim September 17 - 23, 1999 as “CONSTITUTION WEEK” in the City of Dover, and urge all citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship.
Mayor Hutchison presented the Proclamation to Ms. Caroline Abbott, representing the Daughters of the American Revolution.
PROCLAMATION - AMERICAN BUSINESS WOMEN’S DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, approximately 58 million working women are integrally involved in determining the direction in which the private and public sectors of this country will move; and
WHEREAS, these enterprising women hold active, responsible positions on all levels of business, and will play an increasingly powerful role in the American workforce; and
WHEREAS, the American Business Women’s Association, a national education association of employed women, believes that the enormous effects of today’s dynamic, concerned businesswomen deserve recognition - not only the more than 100,000 members of the Association, but all working women; and
WHEREAS, women have made an important contribution to build the strength of greatness of the United States and all evidence indicates that the American businesswoman will continue her significant contribution to the progress of our nation.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim September 22, 1999 as AMERICAN BUSINESS WOMEN’S DAY in our fair city and encourage all citizens to join me in saluting the 58 million American businesswomen for their outstanding influence on this country.
PRESENTATION - DAVID OUTTEN - SERVICE ON CITY OF DOVER PLANNING COMMISSION (1994-1999)
Mayor Hutchison presented Mr. David Outten a Dover Cup in recognition of his service to the City of Dover as a member of the Planning Commission from 1994 to 1999 and wished him much success in future endeavors.
Mr. DePrima, City Planner, thanked Mr. Outten for the assistance provided to the Planning Department as well as the Planning Commission and relayed appreciation for his contributions.
PRESENTATION - 1998 DISTINGUISHED BUDGET PRESENTATION AWARD (GOVERNMENT FINANCE OFFICERS ASSOCIATION)
The Distinguished Budget Presentation Award, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. Mr. O’Connor, City Manager, and members of the Legislative and Finance Committee, Chairman Salters, Mr. Leary, and Mrs. Malone assisted Mayor Hutchison in presenting the award to Mrs. Tieman, Director of Administrative Services and Mr. Karia, Finance Director/Treasurer, for their excellent work in preparing the budget document.
Mrs. Tieman reiterated that the budget is a team effort by staff and City Council. She relayed her appreciation to Mr. Karia for his assistance in the preparation of the budget and gave special thanks to her secretary, Mrs. Carolyn (Cookie) Skripko, for her diligent work on the budget.
MEMORANDUM - SUMMER PLAYGROUND - YEAR 2000
Mrs. Malone read into the record a memorandum, dated September 7, 1999, from the City’s Parks and Recreation Director regarding the Super Summer Playground Program for the year 2000, as follows:
“The Parks and Recreation Department has been notified (copy of the letter attached), by the Capital School District, that the Department will not be able to use the Capital School District facilities during the summer of 2000.
Staff had requested to use William Henry Middle, North Elementary, and Fairview Elementary schools for six weeks during the summer of 2000. This request was for indoor facilities to run our “Summer Playground” program. Without use of these indoor facilities, it will be difficult to offer the Summer Playground program.
As staff attempts to find a solution to this problem, I felt it necessary to make you aware of our situation.”
Mrs. Malone advised members that there were 29,058 participant hours for the Summer Playground Program this past year - for six (6) weeks at six (6) hours each day. There were 167 youths that participated, with 56 youths on a waiting list. Mrs. Malone reminded members of concerns regarding the schools being unavailable for use, as has been anticipated. Although renovations are expected within the Capital School District over the next three (3) years, it is her feeling that their availability will not increase once the renovations are completed since school standards are increasing and the facilities are needed for summer school programs.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 632 NORTH DUPONT HIGHWAY - OWNED BY NORTH SILVER LAKE, LLC
A public hearing was duly advertised for this time and place to consider rezoning of property located at 632 North DuPont Highway, owned by North Silver Lake, LLC. The property is currently zoned C1-A (Limited Commercial) and the proposed zoning is C-4 (Highway Commercial) and RG-3 (Group Housing).
A letter was received from Manu R. Patel, President of North Silver Lake, LLC, requesting that the rezoning application be withdrawn.
Mr. Salters moved to accept the letter from North Silver Lake, LLC, requesting withdrawal of the rezoning application for property located at 632 North DuPont Highway. The motion was seconded by Mr. Leary and unanimously carried.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1499 WHITE OAK ROAD - OWNED BY ROLAND AND GEORGE GARRISON
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1499 White Oak Road, owned by Roland and George Garrison. The property is currently zoned A (Agriculture) and the proposed zoning is IPM-2 (Industrial Park Manufacturing - Technology Center).
Mr. DePrima advised members that as of August 30, 1999, the owner of the property is the City of Dover.
Planner's Review
The present zoning of A (Agriculture) permits agricultural uses, non-commercial recreational uses, public utility rights-of-ways and structures, single family dwellings on one (1) acre lots when served by water and sewer, two and one half (2 ½) acres without public sewer and water, and rural residential clusters on 50 or more acres of land with single family detached and attached dwellings with a density of .75 units per acre. Permitted conditionally are Kennels and Stables. The property is presently used for agricultural purposes.
The proposed zoning of IPM-2 permits manufacturing and technological processes and uses, research and design laboratories, public utility uses, corporate and administrative offices, and agricultural uses on large lots with a minimum lot size of 50 acres.
Mr. DePrima advised members that the Planning Commission considered the requested rezoning during their meeting on August 16, 1999 and recommended approval. In taking this position, the Planning Commission considered the following points:
Surrounding Land Uses: To the north of the site are vacant lands in the City zoned MHP (Mobile Home Park) that are a part of the Persimmon Park Place Development. Also to the north and to the east are lands in the unincorporated portion of the County that are predominately zoned A-C (Agricultural Conservation), consisting of a variety of homes and agricultural land. To the south and across White Oak Road are vacant lands in the City of Dover zoned Agricultural and SC-1 (Neighborhood Shopping Center). Further to the east are more urbanized areas including mixed residential neighborhoods.
Comprehensive Plan: The 1996 Comprehensive Plan designated this area as Agricultural to comply with zoning most of the city’s rural fringe areas for low-density residential purposes. At that time, the State was also calling for lands east of SR-1 to remain agriculture.
With respect to industrially zoned areas, the Plan considered the amount of IPM (Industrial Park Manufacturing) zoning and M (Manufacturing) zoning and did not call for additional lands to be rezoned for these purposes. Most of the vacant industrially zoned land was either in existing industrial parks that had room to grow or were located in and around Dover Air Force Base and along the railroad corridor in west Dover.
Recommendation of Planning Staff: This rezoning effort is a result of Dover joining the Delaware Economic Development Office (DEDO) in the “Delaware Semi-Conductor Initiative”. This initiative is a State-led effort to attract a semi-conductor fabricator or an affiliated industry to Delaware. The semi-conductor industry has been targeted because of the high wages and high number of employees that are associated with it. An analysis by DEDO indicated that Delaware is in a favorable position to attract such a company. All of the sites initially identified were in New Castle County, which was seen as limiting. The City of Dover agreed to work with the State to have an alternative site in Kent County.
The proposal represents a major departure from the assumptions made when the Comprehensive Plan was approved. At the time of the 1996 Comprehensive Plan, the State had not launched its Semi-Conductor Initiative. Therefore, no consideration was given as to whether Dover had sufficient areas zoned for his kind of development. Had this been the case, the proposed location would have been a likely choice. The areas around Dover Air Force Base and along the Railroad Corridor, already zoned IPM, are not adequate for these high tech industries because of vibrations.
This rezoning and proposed use is supported by Planning Staff. From an economic development perspective, a major employer that offers higher than average salaries would be a benefit to the region. The major industrial plants existing in Dover are aging, new plants and new industries will be needed to fill the gaps that are likely to occur in the coming years. From a transportation perspective, the proposed site has several potential points of access to SR-1. It is also located near all necessary City utilities. Lastly, this site supports the idea that major employers should be directed toward existing urban areas. This site is isolated on the east side of SR-1, yet is within close proximity to housing areas and commercial centers on the west side of SR-1.
Correspondence
The City Clerk reported that no correspondence was received on the proposed rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. L.D. Shank addressed members, on behalf of his family as owners of property on the north and south of the site, and welcomed the City of Dover to the neighborhood. He relayed support for this type of initiative, feeling that it will benefit the City’s economic growth.
Council President Christiansen declared the hearing closed.
Mr. Leary moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Salters and, by a unanimous roll call vote (Mr. Weller absent), Council adopted the following ordinance: (The first reading of this ordinance was accomplished during the Council Meeting of August 23, 1999).
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1499 WHITE OAK 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 A (Agriculture) to IPM-2 (Industrial Park Manufacturing - Technology Center).
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 have been amended by changing the zoning designation from A to IPM-2 on that property located at 1499 White Oak Road, owned by Roland and George Garrison.
ADOPTED: September 13, 1999
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 200 N. KIRKWOOD STREET - JOSEPH T. BENSON
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 200 North Kirkwood Street, owned by Joseph Benson. Mr. DePrima stated that the property was determined to be dangerous on February 25, 1999 and that it has been abandoned for more than two (2) years. Deterioration has begun, particularly in the rear of the property. The City had the property boarded up after receiving reports that vagrants were occupying the building. He indicated that there are no equitable owners, liens or mortgages on the property. Mr. DePrima showed slides depicting the condition of the structure.
Mr. DePrima stated that staff has not been able to contact Mr. Benson and that the only address known is in Philadelphia, Pennsylvania, and that correspondence is sent “in care of” another individual. He assured members that all means of attempting to contact the owner will be pursued.
Staff recommended that City Council: 1) declare the property dangerous; 2) order the property repaired or demolished by September 23, 1999 by the owner or equitable owner at their own risk; 3) order the City Solicitor to prosecute all persons failing to comply with the terms of its orders as a misdemeanor and, upon conviction, seek a minimum fine of $100 per day for each day that the property remains in violation; 4) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner or equitable owner within ten (10) days of the date set by Council; 6) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands to be recovered in a suit at law against the owner.
Mr. DePrima indicated his feeling that the property cannot be repaired and will require demolition. The estimated demolition cost is $7,500.
Responding to Mr. Lambert, City Solicitor Rodriguez indicated that, if desired, the City can force the sale of the property to recover demolition expenses. City Assessor Lucas stated that the typical procedure would be to hold a tax sale. He explained that this process would not begin until after the structure was demolished and that it would take approximately six (6) months to complete the entire process. Mr. Lambert suggested that the City pursue this avenue, should there be no contact with the City by the owner.
Council President Christiansen declared the public hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the public hearing closed.
Mr. Salters moved that the property located at 200 N. Kirkwood Street be declared a dangerous building subject to demolition, as recommended by staff, stipulating that all reasonable efforts will continue to be made to contact the owner within the next week regarding this issue. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Weller absent).
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCES
A public hearing was duly advertised for this time and place to consider approval of Zoning and Subdivision Code amendments that will either modernize, update, or improve City ordinances. The proposed amendments will address the location and screening of dumpsters, storage trailers and outdoor sales areas; ADA standards regarding sidewalks; requirements for parking lot curbing, paving, and screening; entrance standards in the C-4 zone; loading berths; architectural standards along the Route 8 Corridor; and tree planting. Mr. DePrima advised members that the Planning Commission recommended approval of the proposed amendments.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mrs. Malone moved that the final reading of the proposed Zoning and Subdivision Code amendments be acknowledged by title only, seconded by Mr. Carey and unanimously carried.
Mr. Lambert moved for adoption of the following ordinances, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Weller absent). The first reading of these ordinances was accomplished during the Council Meeting of August 23, 1999:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B, Article 12 - Definitions, be amended by adding subparagraph (f) under the definition for Building as follows:
(f) All areas used for outdoor display and storage of products for sale on the site for more than 14 consecutive days or 21 days in a calendar year. Excluded from this definition are approved motor vehicle, boat and trailer sales establishments; contractor’s yards; nurseries and landscaping material sales (where the sale of these materials is the primary use on the lot); wholesale building supply stores and lumber yards; or similar uses.
And that Appendix B, Article 12 - Definitions, be amended by striking the paragraph titled Floor area in its entirety and inserting in its place the following:
Floor area: The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls, or from the center line of party walls separating two (2) buildings. For purposes of calculating minimum parking and loading space requirements and calculation of floor area ratio, the “floor area” tabulation shall exclude cellar and basement areas used only for storage or for maintenance and operation of the building, shall exclude exterior stair towers and shall exclude enclosed or partially enclosed garage parking and loading space areas, but shall include all outdoor storage and sales area in use for more than 21 days in a calendar year.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix B, Article 5 - Supplementary Regulations, Section 7 - Supplementary Regulations Applying to all Non-residential Zones, be amended by adding the following subsection:
7.4 Outdoor Storage Trailers. Storage Trailers accessory to an approved use shall be prohibited on a site except when meeting the following conditions.
a. The total floor area of Storage Trailers shall be less than 2% of the gross floor area of the principal building.
b. All Storage Trailers shall be placed in accordance with all zoning regulations regarding permanent structures, including setbacks, parking, and other bulk regulations.
c. All such trailers shall be screened from public streets, and shall not be located between the principal building and the public road right-of-way.
d. Trailers placed during approved construction phases or those used as collection facilities for non-profit, governmental or philanthropic organizations shall not be calculated into floor area totals used to determine parking requirements, but must conform to setbacks and all other bulk regulations.
e. Storage trailers accessory to an approved use are to be temporary features on a site. No such trailer shall be in place for more than 18 months, except for those trailers to be used during construction or those used as collection facilities for non-profit, governmental or philanthropic organizations.
These ordinances will become effective immediately upon approval by Council. All facilities in existence prior to the enactment of this ordinance will have no more than 18 months of notification to comply.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 5 - Supplementary Regulations, Section 18 - Sidewalk Requirements be amended by deleting Subsections 18.1 and 18.2 in their entirety and inserting in their place the following:
18.1 Standard City of Dover sidewalk, as per Chapter 19, Article IV of the Dover Code of Ordinances, shall be required to be installed along the public street frontage of a property by the property owner or developer whenever such property involves a development proposal which is subject to planning commission review and approval.
18.2 Whenever a private road within a development is proposed, whether planned for future subdivision or not, the developer shall be required to install standard City of Dover sidewalk, as per Chapter 19, Article IV of the Dover Code of Ordinances, on both sides of the cartway of the private road. Such sidewalk shall include barrier free access ramping at points of intersection with street crossing and at other locations so as to afford reasonable barrier free pedestrian movement and access to buildings.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Appendix A, Article VI - Subdivision - General Requirements and Design Standards, be amended by deleting Section B in its entirety and inserting in its place the following:
B. Sidewalks
Sidewalks shall be required in all subdivisions in accordance with Chapter 19, Article IV of the Dover Code as follows:
1. The city sidewalks shall, unless otherwise specified by the city council, be of the following widths:
(a) On State Street, from Loockerman Street to the Dover Green, from the building line to the curb and on all other parts of the street not less than six (6) feet wide.
(b) On the public square, from the building line to the interior curbline.
(c) On Loockerman Street, from State Street to Queen Street, from the building line to the curb.
(d) On all other streets, five (5) feet wide, unless the distance from the curb to building line is less than five (5) feet, in which case they shall extend from the building line to the curb, provided a different width is not expressly specified by the city council.
2. Sidewalks, which do not extend from the building line to the curbline, shall be located as follows:
(a) On all streets where the distance from the building line to the curbline is ten (10) feet or more, the outside edge of the sidewalk shall be located three (3) feet from the curbline.
(b) On all streets where the distance from the building line to the curbline is not less than seven (7) feet nor more than ten (10) feet, the outside edge of the sidewalk shall be located two (2) feet from the curbline.
(c) On all other streets where the distance from the building line to the curbline is less than seven (7) feet, the inner edge of the sidewalk shall be at the building line extending outward toward the curb.
3. All sidewalks shall ascend from the curbstone to the building line at the ratio of one-quarter of an inch to the foot. Nothing in this section shall be construed to affect any pavement previously laid by order of the city council, until it is taken up and relaid.
4. All sidewalks shall be constructed of concrete or of good paving brick laid substantially in concrete, in such a manner as shall be approved by the city manager. The planning commission may approve alternative materials as specified under Appendix B, Article 5, Section 18 of the Zoning Ordinance of the City.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, be amended by deleting paragraph 3.6 - Drainage and Surfacing, in its entirety and inserting in its place the following:
3.6 Drainage and Surfacing.
(a) All open permanent parking areas and access drives shall be properly drained and all such areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface.
(b) All permanent parking areas shall be enclosed with upright concrete curbing at least six (6) inches in height. The Planning Commission may relax this requirement for a portion of a parking area when there is a demonstrated need to convey stormwater to a proposed or approved stormwater management area. Curbing shall not be required for loading areas, handicapped access and for parking spaces accessory to a one-family or two-family residence (see also Article 6, Section 5.3).
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations, be amended by striking Section 16.4 - Ingress and Egress, in its entirety and reserving the section for future use.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 4 - Required Off-Street Loading Berths, be amended by striking paragraphs 4.1 through 4.2 in their entirety and inserting in their place the following:
4.1 Accessory off-street loading berths shall be provided for any lot or any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements. Loading berths shall be designed and located so as not to impede fire lane access or the safe and efficient vehicular and pedestrian circulation and shall be in accordance with the following:
4.11 Dimensions. One required off-street loading berth shall have minimum dimensions of twelve (12) feet wide and sixty (60) feet long. If more than one loading berth is required, subsequent berths may have minimum dimensions of twelve (12) feet wide and forty (40) feet long. At no time shall any part of a truck or van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the minimum height of the outdoor loading berth area shall be fourteen (14) feet.
4.12 Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on-lot and not within any public street right-of-way or other public lands. Internal site circulation lanes are to be designed with adequate turning radii to accommodate the size and efficient maneuvering of delivery vehicles.
4.13 Location. Loading berths must be functionally related to the building, and be situated where actual loading and unloading activities are intended to occur. Loading berths located remotely from the building will not be permitted, unless the applicant can demonstrate the utility of such berths. Loading berths are not permitted between the street and building except where a property fronts on three or more streets. This section of the ordinance shall not preclude the designation of an area in front of the building for parcel pick-up, mail deliveries, or passenger loading.
4.14 Obstructions. All loading berths and maneuvering spaces shall be accessible at all times.
4.15 Fire Exit or Emergency Access. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.
4.16 Maximum Number of Loading Berths Required. For buildings up to 150,000 square feet, a maximum of three loading berths will be required. Additional loading berths are permitted if needed by the property owner or occupant.
4.2 Loading Berths Required. Off-street loading berths will be required for the following uses:
4.21 For a public library, museum, art gallery, or similar quasi-public institution, or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged, or school with floor area of ten thousand (10,000) square feet, one berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof, one additional berth.
4.22 For buildings with professional, governmental, or business offices, or laboratory establishments with floor area of ten thousand (10,000) to twenty-five thousand (25,000) square feet, one berth; for each additional twenty-five thousand (25,000) square feet or fraction thereof, one additional berth.
4.23 For buildings with retail sales and service establishments, one berth for eight thousand (8,000) square feet to twenty-five thousand (25,000) square feet of floor area, and one additional berth for each additional twenty-five thousand (25,000) square feet of floor area or fraction thereof so used.
4.24 For undertakers, one berth for each chapel. (Such berths shall be at least ten (10) feet wide, twenty (20) feet long, and seven and one-half (7 ½) feet high, in lieu of the standard dimensions found in Section 4.11 above).
4.25 For hotels, one berth for each twenty-five thousand (25,000) square feet of floor area, or fraction thereof.
4.26 For manufacturing, wholesale and storage uses, and for dry-cleaning and rug-cleaning establishments and laundries, one berth for five thousand (5,000) to ten thousand (10,000) square feet of floor area in such use, and one additional berth for each additional ten thousand (10,000) square feet of floor area or fraction thereof so used.
4.27 For manufacturing, wholesale, or storage uses in the M or IPM Zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the Site Plan review process.
And that Article 6 - Off-Street Parking, Driveways, and Loading Facilities, Section 4 - Required Off-Street Loading Berths, be amended by inserting the following:
4.4 Planning Commission Waiver. The Planning Commission may waive required loading berths in the following instances: 1) On an improved lot, when it can be demonstrated that retrofitting the site for loading berth(s) is impractical or impossible; 2) When the applicant can demonstrate that the intended use is such that no deliveries by large vehicles is expected, now or in the future; 3) When the applicant can demonstrate that the requirements of this ordinance are far in excess of actual needs on the site. 4) In the Downtown Redevelopment Target Area, where on street loading areas are provided near-by. In all cases, , except in the Downtown Redevelopment Target Area, land for at least one standard sized loading berth meeting all requirements of this ordinance must be reserved. The City Planner may direct that this loading berth be constructed by the owner of record due to any change in use for the site, or if the Department of Planning and Inspections determines that large vehicles are loading and unloading on the site, creating the need for the loading berth.
ADOPTED: September 13, 1999
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1) be amended by adding the following:
27.59 Architectural Review. The side of any building which faces the corridor (or corridors) shall be referred to as the “corridor elevation.” Buildings in the COZ-1 shall be designed to front on the corridor, and the corridor elevation shall contain architectural elements traditionally associated with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this ordinance.
A functioning window shall be defined as a window which lets light into the interior of the structure, and is integrated and related to the interior layout of the space.
In addition to functioning windows, the corridor elevation shall have two or more of the following elements:
a) A primary entrance door or doors (except for loading doors).
b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar feature.
c) Landscaping integrated into the building design concept.