REGULAR COUNCIL MEETING
The Regular Council Meeting, scheduled for January 8, 1996, was rescheduled due to inclement weather and was held on January 10, 1996 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green and Mr. Rodriguez.
The Pledge of Allegiance was led by Councilman Hare.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the deletion of agenda item #2, Recognition of 1995 Employee of the Year. Mr. Hare moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 11, 1995
The Minutes of the Regular Council Meeting of December 11, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 12, 1995
The Minutes of the Special Council Meeting of December 12, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 13, 1995
The Minutes of the Special Council Meeting of December 13, 1995 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Malone and bore the written approval of Mayor Hutchison.
PUBLIC HEARING - PROPOSED AMENDMENTS TO ZONING CODE
A public hearing was duly advertised for this time and place to consider adoption of amendments to the Zoning Code. The first reading of the proposed amendment to Art. 6, Sec. 1.1 was accomplished during the Council Meeting of November 27, 1995. The first reading of all other proposed zoning text amendments was accomplished during the Council Meeting of December 13, 1995.
Mr. Leary moved that the final reading of the proposed zoning text amendments be accomplished by title only, seconded by Mr. Hare and unanimously carried.
Mr. DePrima explained that the proposed amendments are in conjunction with staff's on-going efforts to modernize, clarify, and streamline the City's regulations.
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. Leary moved for approval of the following ordinance amendments, seconded by Mrs. Malone and carried by unanimous roll call vote (Mr. Lambert absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 1 of Appendix B Zoning Ordinance by establishing a new Subsection 1.60 to read as follows:
1.60 Expiration of Planning Commission Approval.
(a) Conditional Use Approval shall expire on the last day of the twelfth (12th) month after the date of final or conditional approval of the Planning Commission, if construction of the work authorized or use permitted has not started or unless an extension of time is applied for by the applicant and granted by the Planning Commission. Approval shall also expire if the construction of work authorized has stopped for a period of one year unless an extension of time is applied for and granted by the planning commission.
(b) Application for extension of approval shall be made no later than thirty days prior to the final approval expiration date. Upon receipt of such application, the matter shall be considered at the next regularly scheduled meeting of the Planning Commission.
(c) In considering a request for an extension of approval the planning commission shall consider, but not be limited to the following:
1. Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
2. Whether the project is of a minor size and scale.
3. Whether there has been any significant changes in the surrounding neighborhood.
4. Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted.
(d) Applications for extension shall be submitted to the City by completing an Application for Extension of Approval Form which may be obtained in City Hall.
(e) Under no circumstances shall the Planning Commission grant extensions beyond 24 months from the date of first approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 2 (Site Development Approval) of Appendix B Zoning Ordinance by deleting subsection 2.491 and inserting in lieu thereof a new subsection 2.491 as follows:
2.491 Expiration of Planning Commission Approval.
(a) Site Development Plan Approval shall expire on the last day of the twelfth (12th) month after the date of final or conditional approval of the Planning Commission if construction of the work authorized or use permitted has not started or unless an extension of time is applied for by the applicant and granted by the Planning Commission. Approval shall also expire if the construction of work authorized has stopped for a period of one year unless an extension of time is applied for and granted by the planning commission.
(b) Application for extension of approval shall be made no later than thirty days prior to the final approval expiration date. Upon receipt of such application, the matter shall be considered at the next regularly scheduled meeting of the Planning Commission.
(c) In considering a request for an extension of approval the planning commission shall consider, but not be limited to the following:
1. Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
2. Whether the project is of a minor size and scale.
3. Whether there has been any significant changes in the surrounding neighborhood.
4. Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted.
(d) Applications for extension shall be submitted to the City by completing an Application for Extension of Approval Form which may be obtained in City Hall.
(e) Under no circumstances shall the Planning Commission grant extensions beyond 24 months from the date of first approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 3.2 Architectural Review Certification of Appendix B Zoning Ordinance by establishing a new Subsection 3.23(g) to read as follows:
3.23(g) Expiration of Architectural Review Certification.
(a) Architectural Review Certification Approval shall expire on the last day of the twelfth (12th) month after the date of final or conditional approval if construction of the work authorized or use permitted has not started or unless an extension of time is applied for by the applicant and granted by the Historic District Commission. Approval shall also expire if the construction of work authorized has stopped for a period of one year unless an extension of time is applied for and granted by the Historic District Commission.
(b) Application for extension of approval shall be made no later than thirty days prior to the final approval expiration date. Upon receipt of such application, the matter shall be considered at the next regularly scheduled meeting of the Historic District Commission.
(c) In considering a request for an extension of approval the commission shall consider, but not be limited to the following:
1. Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
2. Whether the project is of a minor size and scale.
3. Whether there has been any significant changes in the surrounding neighborhood.
4. Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted.
(d) Applications for extension shall be submitted to the City by completing an Application for Extension of Approval Form which may be obtained in City Hall.
(e) Under no circumstances shall the Historic District Commission grant extensions beyond 24 months from the date of first approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article IV, Section C. (Plat) of the Appendix A Land Subdivision Regulations by deleting Subsection 2 in its entirety and inserting in lieu thereof a new Subsection 2 to read as follows:
2. The plat and other documents as specified in Article V shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article VI, and shall be submitted to the City Planner subject to the following:
(a) Preliminary Subdivision Layout Approval shall expire on the last day of the sixth (6th) month after the date of conditional approval of the Planning Commission if the Preliminary Plans have not been completed in accordance with all conditions of preliminary subdivision layout approval unless an extension of time is applied for by the applicant and granted by the Planning Commission.
(b) Application for extension of approval shall be made no later than thirty days prior to the final approval expiration date. Upon receipt of such application, the matter shall be considered at the next regularly scheduled meeting of the Planning Commission.
(c) In considering a request for an extension of approval the planning commission shall consider, but not be limited to the following:
1. Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
2. Whether the project is of a minor size and scale.
3. Whether there has been any significant changes in the surrounding neighborhood.
4. Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted.
(d) Applications for extension shall be submitted to the City by completing an Application for Extension of Approval Form which may be obtained in City Hall.
(e) Under no circumstances shall the Planning Commission grant extensions beyond 6 months from the date of first approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article IV, Section C, of the Appendix A Land Subdivision Regulations Subsection 10 by deleting Subsection 10 in its entirety and inserting in lieu thereof the following new Subsection 10 as follows:
10. Expiration of Final Plat Approval.
(a) Final Plat Approval shall expire on the last day of the twelfth (12th) month after the date of final or conditional approval of the City Planner if construction of the work authorized or use permitted has not started or unless an extension of time is applied for by the applicant and granted by the City Planner. Approval shall also expire if the construction of work authorized has stopped for a period of one year unless an extension of time is applied for and granted by the City Planner.
(b) Application for extension of approval shall be made no later than thirty days prior to the final approval expiration date.
(c) In considering a request for an extension of approval the City Planner shall consider, but not be limited to the following:
1. Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
2. Whether the project is of a minor size and scale.
3. Whether there has been any significant changes in the surrounding neighborhood.
4. Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted.
(d) Applications for extension shall be submitted to the City by completing an Application for Extension of Approval Form which may be obtained in City Hall.
(e) Under no circumstances shall the City Planner grant extensions beyond 24 months from the date of first approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 1.5, Subsection 1.56 of Appendix B Zoning Ordinance by deleting Subsection 1.56 in its entirety and inserting in lieu thereof the following new Subsection 1.56 to read as follows:
1.56 The planning commission shall act to approve or disapprove any such request for a conditional use permit within forty-five (45) days after the meeting at which approval is requested or within such additional time as may be consented to by the applicant. Failure to act within forty-five (45) days or the additional time consented shall be deemed approval. Planning commission disapproval shall include written findings upon any element found contrary to the provisions or intent of this zoning code ordinance.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 2.4, Subsection 2.48 of Appendix B Zoning Ordinance by deleting Subsection 2.48 in its entirety and inserting in lieu thereof the following new Subsection 2.48 to read as follows:
2.48 The planning commission shall act to approve or disapprove any application for site development plan received by it either as an original review or as an appeal under the provisions of Section 2.43 of this ordinance within forty-five (45) days or within such additional time as may be consented to by the applicant. Failure to act within forty-five (45) days or the additional time consented shall be deemed approval. Planning commission disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this ordinance.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 3.4, Subsection 3.25(e) of Appendix B Zoning Ordinance by deleting Subsection 3.25(e) in its entirety and inserting in lieu thereof the following new Subsection 3.25(e) to read as follows:
3.25(e) Time to act. The historic district commission shall act to review and render a recommendation to approve any such application within forty-five (45) days of transmittal to the commission or within such additional time as may be consented to by the applicant. Failure to act within forty-five (45) days or the additional time consented to shall be deemed to be a favorable recommendation. Applications requiring planning commission approval under section 3.23 of the article shall be transmitted by the historic district commission to the planning commission for consideration at its next available meeting. The planning commission shall act on any such approval within forty-five (45) days of its meeting. Failure to act within forty-five (45) days shall be deemed approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article IV, Section C., Subsection 4. of Appendix A Land Subdivision Regulations by deleting Subsection 4 in its entirety and inserting in lieu thereof the following new Subsection 4 to read as follows:
4. Within forty-five (45) days from the date of submission of the plat or within such additional time as may be consented to by the applicant. The City Planner shall approve or disapprove said plat, and shall notify the subdivider in writing of the decision and state the conditions of approval if any, the required modifications if any, or the reasons for disapproval. Approval of the plat shall not become final until the provisions of paragraphs 5. and 6. below have been complied with.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET
Amend Article IV, Section B., Subsection 5. of Appendix A Land Subdivision Regulations by deleting Subsection 5 in its entirety and inserting in lieu thereof the following new Subsection 5 to read as follows:
5. The commission shall, within forty-five (45) days from the date of the submission of the preliminary layout or within such additional time as may be consented to by the applicant, act on said layout as submitted or modified, and, within five (5) days, shall notify the subdivider in writing of its decision, and state the conditions of approval if any, the suggested modification if any, or the reason for disapproval of the layout. Approval of the preliminary layout by the commission shall be expressed as conditional approval.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 2, Subsection 2.21 of Appendix B Zoning Ordinance by deleting Subsection 2.21 in its entirety and inserting in lieu thereof the following new Subsection 2.21 to read as follows:
2.21 Maximum safety and convenience of vehicular and pedestrian traffic by insuring that all proposed and impacted streets, driveways and walkways are adequate but not excessive in number, adequate in width, grade, alignment, capacity, and visibility; and suitably located, particularly with respect to their connections with public streets.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 5 Amendments of Appendix B Zoning Ordinance by deleting from Subsection 5.12 the following sentences:
"All property owners within a distance of two hundred (200) feet shall be notified by regular mail of the applications for rezoning. No fee shall be required for petitions filed in favor of, or against a pending application".
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 10, Section 5 Amendments of Appendix B Zoning Ordinance by deleting Subsection 5.13 in its entirety and inserting in lieu thereof the following new Subsection 5.13 as follows:
5.13 The date, time, and place of a public hearing shall be set and notice thereof shall be given in accordance with the provision of Chapter 3 of Title 22 of the Delaware Code.
(a) When there is a petition to rezone property in accordance with Section 5.111 all property owners within a distance of two hundred (200) feet shall be notified by regular mail of the applications for rezoning. No fee shall be required for petitions filed in favor of, or against a pending application.
(b) When there is a proposed amendment to the Zone Map or Zoning Ordinance Text as a result of a new, revised, or amended Comprehensive Plan the Planning Commission and City Council shall hold public hearings to be advertised in two newspapers of general circulation at least fifteen (15) days prior to the Planning Commission hearing. Said notices shall state the time and place of the Planning Commission hearing and the City Council hearing, a brief description of the proposed amendment or map depicting the proposed amended zoning map, and that the amended Zoning Map is filed at the Dover City Library and with the Planning Department for public review.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 4, Zoning Bulk and Parking Regulations, Section 4.4 RG-3 Zone, of the City of Dover Zoning Ordinance by adding an * on the table after "Minimum Side Yard" requirement for group dwellings and after the words "same requirement as for dwellings in RG-1 zone" under one-family dwellings detached; and adding the following at the end of the table:
*See Article 5, Section 5 for additional requirements which can apply under certain circumstances.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplemental Regulations, Section 5, Supplementary regulations applying to Group Housing Zone (RG-3) by creating a new paragraph as follows, to-wit:
Supplementary Minimum Side Yard Requirements. The minimum side yard of fifteen feet for group dwellings of four or less units may be waived to 8 feet by the Planning Commission to allow for the separation of group dwelling buildings into two or more group buildings provided that the total number of units permitted by the reduction of the minimum side yard requirement does not exceed the number of group dwelling units otherwise allowed within the same space by meeting the 15 feet side yard requirement. Such waiver shall only be granted by the Planning Commission after a determination that the reduction in side yard width affords a superior design and does not diminish safety.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplemental Regulations, Section 5, Supplementary regulations applying to Group Housing Zone (RG-3) by adding the following paragraph:
Exception to Front Yard Requirement. In developments where single family dwellings are proposed adjacent to group dwellings (i.e., duplexes or townhouses), the minimum front yard requirement may be waived by the Planning Commission to fifteen (15) feet conditioned that driveways are provided with a minimum 20 foot long driveway. Such waiver shall only be granted by the Planning Commission after a determination that the reduction in front yard width affords a superior design and does not diminish safety.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplementary Regulations, Section 5 Supplementary regulations applying to Group Housing Zone (RG-3) of the City of Dover Zoning Ordinance entitled Distance Between Buildings Groups by adding a second sentence to read as follows:
When the Planning Commission has reduced the side yard requirements through a waiver to 8 feet in accordance with the Supplementary Minimum Side Yard Requirement paragraph of this section then no part of any building group of four or less units shall be nearer than sixteen (16) feet to any other building group of four or less units and no portion of the front or rear of any building group of four or less units shall be nearer than fifty (50) feet to any part of another building group of four or less units."
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplemental Regulations, Section 5, Supplementary regulations applying to Group Housing Zone (RG-3) of the City of Dover Zoning Ordinance by adding the following paragraph to provide as follows:
Minimum Lot Areas for Single Family Homes. The minimum lot area of the single family detached dwelling may be waived by the Planning Commission to 6,000 square feet developments where single-family dwellings are intermixed with group dwellings (i.e., duplexes or townhouses). Such waiver shall only be granted by the Planning Commission after a determination that the reduction in lot area affords a superior design and does not diminish safety.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplemental Regulations, Subsection 11.13 entitled "Water Bodies and Wetlands, of the City of Dover Zoning Ordinance by deleting the first sentence of Paragraph 2 in its entirety and creating a new first sentence as follows:
No structures except stairs and ramps, fences, open decks, patios or docks with a combined area of 200 square feet or less are permitted to be constructed within seventy-five feet of the shore line of any permanent fresh water lake over one-fourth (1/4) acre in size or within one hundred (100) feet of the mean high tide line for tidal and wetlands.
ADOPTED: January 10, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article 5, Supplemental Regulations, Section 1 entitled Supplementary regulations applying to residence zones, Subsection 1.8 entitled Buffers Along Arterial Streets of the City of Dover Zoning Ordinance by adding the following sentence after the third sentence as follows:
When the residential lots have rear yard areas that front on the arterial street each lot at the time of development shall be provided with uniform fencing along the rear property line.
ADOPTED: January 10, 1996
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, of the City of Dover Zoning Code, Section 1, Permitted Accessory Parking, Subsection 1.1 be deleted in its entirety and inserting in lieu thereof the following:
Section 1. Permitted accessory parking.
1.1 Off-street parking spaces, open or enclosed, are permitted accessory to any use. One commercial vehicle may be parked on a lot in any residence zone only if less than one ton in carrying capacity.
ADOPTED: January 10, 1996
MONTHLY REPORTS - November 1995
By motion of Mr. Hare, seconded by Mrs. Malone, the following monthly reports were accepted:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Mrs. Malone moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 7:16 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 10, 1996, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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