REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 11, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. Worley, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Doreina Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. Leary, seconded by Mr. Lambert, the agenda was unanimously approved.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 1992
The Minutes of the Regular Council Meeting of December 14, 1992 were unanimously approved by motion of Mr. Leary, seconded by Mr. Pitts and bore the written approval of Mayor Knopf.
PUBLIC HEARING - DEMOLITION - 2 SOUTH NEW STREET
A public hearing was duly advertised to consider the demolition of property located at 2 S. New Street, owned by Eugene Jones, Jr. and Sarah E. Jones. The Building Inspector/Planner, Mr. Anthony DePrima, showed slides depicting the deterioration of the structure. The structure is a one and one half story frame building that is currently vacant. It is the former location of a furniture store with apartments on the second floor. Mr. DePrima stated that the south side of the structure has deteriorated and appears likely to cave in. The west and south side of the foundation is collapsing. The walls and floors are more than 50% deteriorated. The owners were notified in January 1991 of the need for rehabilitation and in August 1992 of the need for demolition, but no action has been taken to date. The estimated cost of demolition is $7,700.
Council President Christiansen declared the public hearing open.
Mr. Eugene Jones stated that he purchased the property last year with the intention of repairing it to be used for community purposes such as a drug rehabilitation center, youth recreational center and/or City Police Annex. He has also offered to allow the NAACP to use a portion of the building for office purposes. Mr. Jones stated that his greatest concern with demolition is that he would be permitted to maintain the current property lines for a new structure. He requested that he be given two years to rehabilitate the structure.
Mr. DePrima stated that it has not yet been determined that the current property setbacks could not be maintained. If so, Mr. Jones could request setback variances from the Board of Adjustments. Mr. DePrima stressed that the important issue is that the structure is a dangerous building that poses a safety hazard to the community and should be demolished.
Reverend Brown, President of the Central Branch of the NAACP, stated that Mr. Jones intends to allow the community to use his property for much needed community programs. He urged members of Council to help Mr. Jones in maintaining this property.
Council President Christiansen declared the public hearing closed.
Mr. Daisey moved to tabled action on the demolition, for a period not to exceed 60 days, to allow the owner to meet with the Building Inspector to come up with a solution to this problem. The motion, seconded by Mr. Salters, failed by a roll call vote of three (3) yes (Mr. Tudor, Mr. Daisey and Mr. Christiansen) and six (6) no.
Mr. Salters moved that Council authorize demolition of the structure at 2 South New Street, stipulating that the owner be given 90 days prior to demolition procedures to work with Mr. DePrima on details relative to the lot setback requirements.
The motion was seconded by Mr. Lambert and carried by a roll call vote of six (6) yes, three (3) no (Mr. Tudor, Mr. Daisey and Mr. Christiansen).
PUBLIC HEARING - REZONING OF PROPERTIES LOCATED ON FORREST AVENUE, CARVER ROAD AND SAULSBURY ROAD
A public hearing was duly advertised for this time and place to consider rezoning of properties from RG-1 (General Residence) to C-PO (Commercial/Professional Office), as follows:
1. 951 Forrest Avenue, owned by M. Milford and Mazie H. Caldwall
2. 955 Forrest Avenue, owned by Lucy R. Aiken
3. 971 Forrest Avenue, owned by Edward J. Sr. And Evelyn Troise
4. 975 Forrest Avenue, owned by Marjorie P. Fisher
5. 21 Saulsbury Road, owned by Harvest Years Senior Center, Inc.
6. 20, 26 and 30 Carver Road, owned by Paul and Caroline A. Church
Planner’s Review
To the north of the site is several single family homes zoned RG-1 (General Residence) and a vacant parcel recently rezoned to C-PO (Commercial/Professional Office). To the northeast is the William Henry Middle School zoned I/O (Institutional Office). To the east are single family homes and the administrative offices of the Capital School District that are zoned I/O. To the south and across Forrest Avenue is a doctor’s office and gas station zoned C-3 (Service Commercial). To the west is the Subway Sandwich shop zoned C-2A (Limited Commercial), and further west and across from Saulsbury Road are other commercial properties zoned C-3.
The Comprehensive Plan, as recently amended to include the Route 8 Corridor Study, recommends commercial uses for this area.
The Route #8 corridor in this area is in a state of transition with commercial uses consuming the real estate. Residential areas, such as in and around this application, are generally made up of older homes from an era when this portion of Dover was an exurban area. The long range desirability of these properties for continuation as residential use and low density commercial uses is doubtful given the traffic, noise, and lack of new residential construction in the area, coupled with the commercial desirability of the location. The proposed C-PO zoning several parcels may lead to consolidation of these properties in the future and the development of offices. These offices would serve as a good transition between the commercial establishments on Saulsbury Road and the Capital School Complex.
Given the surrounding land uses, the recommendation of the Comprehensive Plan, the fact that the planning staff originally recommended that Mr. Troise seek neighboring property owners to join in this rezoning, and for the purpose of bringing a sizable portion of the area into compliance with the Route 8 Corridor Study, the Planning Commission recommended approval.
Mr. DePrima reminded Council that Mr. Troise came before Council in 1990 for rezoning, but Council denied the request since the Route #8 Corridor Study was underway. However, when denying the rezoning request, Council waived the one-year requirement before reconsideration so that he could reapply upon completion of the Route #8 Corridor Study. Mr. DePrima stated that Mr. Troise was the original applicant on this most recent rezoning application. Because Council and the Planning Commission have been discouraging spot zonings, the Planning staff recommended that Mr. Troise contact his neighbors about joining him in the request so that a larger parcel would be considered by Council. Five other property owners requested rezoning.
Correspondence
The City Clerk reported that a petition in opposition to the rezonings was received. The City Assessor reported that 17.7% of property owners within 100' of the properties proposed for rezoning signed the petition in opposition. In accordance with 22 Del. Code, Section 305, if more than 20% of those property owners within 100' sign a petition in opposition, then Council approval requires a three-fourths vote. Since less than 20% signed the petition, the zoning amendment would become effective with a majority vote.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Ed Troise of Saulsbury Road urged approval of the rezoning for his property located at 971 Forrest Avenue. Reviewing the other zones surrounding his property, Mr. Troise felt it would be useless to continue to use his property for residential purposes. Mr. Troise felt that the requested zoning classification would serve as a good buffer between the residential properties and the Industrial and Commercial properties.
Mr. Phil McGinnis of McGinnis Commercial Realty spoke in favor of the rezonings. He reminded Council that the Comprehensive Plan, as recently updated, calls for commercial uses for this area. Mr. Hare asked what types of uses would be permitted if all the properties were consolidated into one deeded property. Mr. McGinnis stated that all properties together would still be insufficient for any major development.
Ms. Marie Daniels of 44 Carver Road requested that Council deny the rezoning requests, feeling that the commercial encroachment would ultimately require that the citizens owning the remaining residential properties be displaced.
Mr. William Holden of 948 Forest Street urged Council to deny the rezonings, stating that traffic is already excessive and feeling that he would ultimately be forced from his home if the commercialism in this area continues to grow.
Mr. John Reeves of 31 N. Saulsbury Road voiced his opposition to the proposed rezonings.
Ms. Ann Thompson of 941 W. Forst Street voiced objections to the proposed rezonings. She had lived in this area of Dover all her life and strongly objects to the high commercialization of this part of Dover. She reminded Council that this area is a predominately black community where some would be forced from homes unable to purchase a comparable home elsewhere.
Mr. William Hawkins of 34 Carver Road voiced his objections to the proposed rezonings and urged Council to deny the requests.
Council President Christiansen declared the hearing closed.
Mr. Salter voiced strong objections to taking residential properties in this area and changing it to any zone other than residential. He urged Council members to not support business encroachment into residential communities.
Mr. Lambert reminded Council that the Comprehensive Plan, as amended, identifies this area of Route #8 for commercial development. Approving the rezoning would not force property owners out, but would properly zone the properties in accordance with the Comprehensive Plan.
Mr. Salters moved to deny the rezoning requests, seconded by Mr. Pitts. The motion failed by a roll call vote of five (5) no, four (4) yes (Mr. Pitts, Mr. Salters, Mr. Daisey and Mr. Christiansen).
Mr. Leary moved to approve the rezoning requests as recommended by the Planning Commission. The motion was seconded by Mr. Lambert and Council adopted the following ordinance by a roll call vote of five (5) yes, four (4) no (Mr. Pitts, Mr. Salters, Mr. Daisey and Mr. Christiansen):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 951 FOREST AVENUE
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 RG-1 to C-PO.
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 RG-1 to C-PO on that property located at 951 Forest Avenue, owned by M. Milford and Mazie H. Caldwell.
ADOPTED: January 11, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 955 FOREST AVENUE
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 RG-1 to C-PO.
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 RG-1 to C-PO on that property located at 955 Forest Avenue, owned by Lucy R. Aiken.
ADOPTED: January 11, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 975 FOREST AVENUE
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 RG-1 to C-PO.
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 RG-1 to C-PO on that property located at 975 Forest Avenue, owned by Marjorie P. Fisher.
ADOPTED: January 11, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 21 SAULSBURY 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 RG-1 to C-PO.
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 RG-1 to C-PO on that property located at 21 Saulsbury Road, owned by Harvest Year Senior Center, Inc.
ADOPTED: January 11, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 20, 26 AND 30 CARVER 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 RG-1 to C-PO.
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 RG-1 to C-PO on that property located at 20, 26 and 30 Carver Road, owned by Paul and Caroline A. Church.
ADOPTED: January 11, 1993
Council took a five minute recess at 9:00 p.m. and reconvened at 9:05 p.m.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON NORTH SIDE OF ROUTE #8 - JANE MASSEY DRAPER AND VILLAGE BUILDERS
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of Route #8, owned by Jane Massey Draper and Village Builders.
Planner’s Review
To the north of the site are woodlands and wetlands in Kent County. Beyond these are agricultural lands and the Hunters Pointe Subdivision. To the east of the site is the Heatherfield development zoned RM-1 and farm/home complex that fronts on Route #8. To the south and across Route #8 is agricultural lands in Kent County. To the west are additional agricultural lands in Kent County.
The Comprehensive Plan for this area, as recently amended by the Route #8 Corridor Study, recommends low density residential development for this property. The 1986 Comprehensive Plan also designates a portion of this property for a western ring road that was proposed as a part of the Plan. In addition, the wetlands associated with this site are recommended for open space.
The prospective developer of this project is applying for this rezoning based on the premise that a 367 unit R-8 zone Planned Residential Development (PRD) made up of single family detached dwellings, duplexes, and townhouses, would fall within the expected impacts of a single family development under the R-10 zone even though the PRD would have a greater number of dwelling units. In making this assertion they provided a copy of a study by John Rahenkamp Consultants Inc. that compares water and sewage, traffic, school children, tax revenue, and municipal services for a typical 280 unit R-10 single family development, a 320 unit R-10 cluster development, and the proposed 367 unit R-8 Planned Residential Development.
When compared with the R-10 single family development, the PRD has 31% more dwelling units, 14% more water and sewer usage, 9% more vehicle trips per day, 17% less school age children, and will generate about the same amount of tax revenue.
When compared with the R-10 cluster development, the PRD has 15% more dwelling units, 1% less water and sewer usage, 5% less vehicle trips per day, 27% less school age children, and tax revenue would be 5% less.
It must also be pointed out that the consultant reasonably argues that the PRD option has less developed land; therefore, a superior design can be developed. Generally, woodlands and wetlands are better preserved, and open space is more accessible, and the delivery of services more efficient.
The Planning Commission recommended approval on the condition that the rezoning take effect after Planning Commission approval of a Planned Residential Development that has no more than 367 units, with no commercial development, and has impacts with respect to sewer and water usage, vehicle trips per day, and tax revenue, and number of school age children generated equal to or less than an R-10 development with 280 units.
Responding to Mr. Levitt, Mr. DePrima explained that a Delmarva Power & Light easement is located through the middle of the development and that no building would be permitted in this easement area.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Robert Heilig of Village Builders, urged approval of the proposed rezoning. Mr. Heilig explained that the R-8 zone offers more benefits and allows a better mix of housing such as townhouses, twin homes, and different lot sizes for single homes. This housing project addresses the need for affordable housing in the Dover area, which could not be accomplished if forced to utilize larger lots.
Mr. Wayne Lucas, Planner for the project, urged approval of the rezoning request. He explained that a housing study found a predominate need for affordable housing in Dover. By using smaller lots, affordable housing will be available in this proposed development. Mr. Lucas went into great detail in explaining the site plan for the development, including information on traffic, parking, and shrubbery.
Mrs. Rexene Ornauer of 17 Mifflin Road stated that she is not opposed to the rezoning in as much as the City annexed this large, vacant parcel which was destined for development. Mrs. Ornauer favored the proposal, feeling that it is far superior to many houses on very small lots. She did object, however, to the increased volume in traffic in this area, the need for traffic lights, and the need for a fire station in West Dover. Mrs. Ornauer reminded Council that two very large developments are now planned for this area and that the City must plan to deal with the possible problems that are sure to rise from such rapid growth.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission, with the Planning Commission’s stipulations, as follows:
The Planning Commission recommends approval on the condition that the rezoning take effect after Planning Commission approval of a Planned Residential Development that has no more than 367 units, with no commercial development and has impacts with respect to sewer and water usage, vehicle trips per day, tax revenue, and number of school age children generated equal to or less than an R-10 development with 280 units.
The motion was seconded by Mr. Leary.
Mr. Brandon Jones, representing the applicant, stated that the Planning Commission did not approve the stipulation of “and has impacts with respect to sewer and water usage, vehicle trips per day, and tax revenue, and number of school age children generated equal to or less than an R-10 development with 280 units”.
Mr. DePrima stated his interpretation that the Planning Commission accepted the DAC comments, as stated above. Since questions on interpretation of the Planning Commission’s recommendation remained unresolved, Mr. Christiansen called for a short recess. The meeting recessed at 9:37 p.m. and reconvened at 9:44 p.m.
Upon reconvening, Mr. Salters and Mr. Leary agreed to amend their motion to read as follows:
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission, with the Planning Commission’s stipulations, as follows:
The Planning Commission recommends approval on the condition that the rezoning take effect after Planning Commission approval of a Planned Residential Development.
The motion was seconded by Mr. Leary and Council adopted the following ordinance by a roll call vote of seven (7) yes, two (2) no (Mr. Lambert and Mr. Christiansen):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF ROUTE #8, WEST OF MIFFLIN ROAD AT DOVER CITY LIMITS
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 R-10 to R-8.
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 R-10 to R-8 on that property located on the north side of Route #8, west of Mifflin Road at Dover City Limits, owned by Jane Massey Draper and Village Builders.
ADOPTED: January 11, 1993
Mr. Lambert stated that the City should not allow increased density in this area of Dover until we are prepared to offer the necessary services such as roads, traffic, water, sewer, and fire and police protection.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON NORTH SIDE OF W. WALKER ROAD
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of W. Walker Road, owned by K/C Partners.
Planner’s Review
To the north of the site is the Walker Woods townhouse development that is zoned RG-3 (Group Housing). To the east and adjacent to the tract are single family homes zoned RG-2 (General Residence). To the south and across Walker Road is the lands of the Kent Swim Club and they are zoned RC (Recreational Commercial). To the west is land owned by the City of Dover and is the location of a Water Tank, this land is zoned R-7 (Single Family Residence).
The Comprehensive Plan for this site, as recently amended by the Route 8 Corridor Study, recommends medium density residential for this property.
This would be an extension of the Walker Woods development, as such it would better compliment the development than commercial uses now allowed in the zone.
Given the recommendation of the Comprehensive Plan, the surrounding land uses which appear to be compatible with this zone, and the fact that this would be an expansion of the existing Walker Woods Project, the Planning Commission recommended approval of this rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. George Chabbot urged Council’s approval of the rezoning request, stating that it is an extension of Walker Woods I which has been a very successful development in Dover.
Council President Christiansen declared the hearing closed.
Mr. Hare moved for approval of the rezoning as recommended by the Planning Commission, seconded by Mr. Pitts. Council adopted the following ordinance by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen):
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF WEST WALKER 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 RG-O and C-1A to RG-3.
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 RG-O and C-1A to RG-3 on that property located on the north side of West Walker Road, owned by K/C Partners.
ADOPTED: January 11, 1993
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 717 W. DIVISION STREET
A public hearing was duly advertised for this time and place to consider rezoning of property located at 717 W. Division Street, owned by Roop and Shobha Jain.
Planner’s Review
To the north and immediately adjacent to the site is a variety of warehousing and storage establishments zoned M (Manufacturing). To the west and immediately across Ridgley Street are two commercial establishments zoned M (Manufacturing). To the south and across Division Street are office and commercial establishments zoned C-4 (Highway Commercial) and C-3 (Service Commercial). To the west and immediately adjacent to the site are two single family homes that are in the M zone and are non-conforming uses.
The Comprehensive Plan, as recently amended by the Route #8 Corridor Study, calls for commercial uses for this property.
The building had been used as a non-conforming commercial use in the past, this proposal would bring its actual use into conformance with a commercial zone. The building does have an associated parking lot that should be suitable in most instances for a funeral home. Arrangements for additional parking on neighboring land has been made.
The Planning Commission recommended approval of this application given the Comprehensive Plan designation, the surrounding land uses, and the non-conforming aspect of the prior use.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. James McGinnis of McGinnis Commercial Realty requested Council’s approval of the rezoning request. He stated that the equitable owner, Bennie Smith, was displaced from his current place of business because of the Dover By-Pass. Mr. Smith feels that the property on Division Street would be suitable for his funeral business. To address parking needs, Mr. Smith has leased the vacant lot behind the building. This additional parking, as well as the on-street parking spaces in front and beside the building, will be sufficient for his business. Excess building space will be utilized for storage.
Council President Christiansen declared the hearing closed.
Mr. Salters moved for approval of the rezoning request as recommended by the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 717 WEST DIVISION STREET
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 M to C-3.
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 M to C-3 on that property located at 717 West Division Street, owned by Roop and Shobha Jain.
ADOPTED: January 11, 1993
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 326 W. LOOCKERMAN STREET
A public hearing was duly advertised for this time and place to consider rezoning of property located at 326 W. Loocerkerman Street, owned by Dover Realty I.
Planner’s Review
The property is located in the heart of the central business district, as such it is surrounded on all sides by an array of commercial uses, and to a lesser degree residential dwellings. Properties to the north, east and west are zoned C-2 (Central Commercial), to the south of the property along Governors Avenue are properties zoned RG-O (Residential/General Office). The building has a large 9050 S.F. parking area associated with it.
The Comprehensive Plan for this area calls for Central Commercial uses.
Given the designation of the Comprehensive Plan, the surrounding uses and zones, and the fact that this property has an associated parking lot the Planning Commission recommended approval of this rezoning.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Charles Rodriguez, representing McGinnis Commercial Realty, requested that Council table action on the rezoning request. He explained that renovations necessary to accommodate the Church and Day Care Facility are extensive and the applicants have not yet obtained the necessary funding. The applicants are being displaced from their current business site due to the Dover By-Pass. The owner of the property has requested that Council table action on the rezoning to afford the applicants an opportunity to determine if they will be able obtain the funds necessary for renovations.
Council President Christiansen declared the hearing closed.
Mr. Hare moved to table action on the rezoning request, seconded by Mr. Leary and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT 706 S. STATE STREET
A public hearing was duly advertised for this time and place to consider rezoning of property located at 706 S. State Street, owned by Lloyd H. Scheller and Henry R. Horsey.
Planner’s Review
To the north and northwest and across Hope Street is Kent General Hospital zoned I/O (Institutional/Office). To the northeast and across State Street is Holy Cross Church and zoned R-10 (Single Family Residential) and to the east and across State Street are several single family homes zoned R-8 (Single Family Residential). To the south and southwest, and immediately adjacent, are single family homes zoned RG-1 (General Residence). To the west and across a paved public alley are medical offices zoned RG-O (Residence and General Office).
The Comprehensive Plan designates this property for central commercial uses.
The C-PO (Commercial/Professional Office) zone requires three minimum conditions for rezoning: 1) the property must be 100 feet wide and 100 feet long; 2) it must be served by public water and sewer; and 3) it must have frontage of sufficient width that allows for safe and efficient access that is adequately spaced from the access of neighboring properties. The proposed property clearly meets the first two requirements, and appears to meet the more subjective requirements of the third in that the entrance is located on Hope Street approximately 105 feet from the intersection with South State Street and 45 feet from the intersection with the alley. The exit is located on the alley and is 75 feet from the intersection with Hope Street. Neither the medical offices to the west or the single family residences use the alley for vehicle access, therefore, there should be no conflicting traffic in the alley.
A more important consideration is whether this is a part of a mature residential neighborhood and, therefore, not intended for the C-PO zone as is stated in the general zone description or is a transition neighborhood suited for the C-PO zone to serve as a transitional zone. Twenty five percent of the property is bordered by medical offices, and another 25% is across the street from the high intense uses of Kent General Hospital. The desirability of this property as a single family home is greatly reduced by its location.
A C-PO rezoning requires that a site plan be submitted with the application, the Site Plan indicates that the proposed medical office is going to great lengths to preserve the single family appearance of the building while at the same time creating a buffer on the south side adjacent to the neighboring single family home.
While the Planning Staff recommended approval of this application given the surrounding land uses to the west, north and northeast; the conforming designation of the Comprehensive Plan, and the proposal to keep the single family appearance of the structure, the Planning Commission recommended denial of the application because the factors considered by the planning staff are outweighed by the public testimony indicating that the residential neighborhood is still strong, and that the office would create conditions that would be to the detriment of the residences in the area.
Public Hearing
Council President Christiansen declared the hearing open.
Mr. Tom Burns of Burns & Ellis Realty addressed Council, urging approval of the rezoning request. Mr. Burns stated that the proposed owner of the medical office intends to preserve the single family appearance of the building. This facility will create a buffer between the hospital and neighborhoring single family homes. He stated that the equitable owner, Dr. William Kaplan, has met with adjacent property owners in an attempt to answer their questions and alley their concerns. Responding to neighbors’ concerns of egress into the alley, Dr. Kaplan has revised his plan so that no egress to the alley is permitted. Egress and ingress will be from a commercial entrance to the facility. The City of Dover Planning staff and the DAC recommended approval of the proposal as well as the three senior members of the Planning Commission who voted in favor of the rezoning. Mr. Burns urged Council to rely on their technical experts. He also objected to the Planning Commission’s concerns with traffic when Delaware Department of Transportation has offered no objections to the proposal.
Mr. Burns reviewed the City’s Zoning Map and Comprehensive Plan in great detail. He stated that over the last 25 years, 14 properties have been rezoned for medical office building between Hope Street and Wyoming Avenue, and between Bradford Street and S. State Street. Mr. Burns stated that the Comprehensive Plan calls for this parcel to be zoned as central commercial. Mr. Burns reviewed portions of the Comprehensive Plan that he felt supports the rezoning of this parcel. (Copies of the information supplied by Mr. Burns are on file with the Office of the City Clerk.) Mr. Burns stated that when public hearings were held on approval of the 1986 Comprehensive Plan, which called for this area to be zoned as central commercial, not one person spoke against its approval. He stated that all aspects of the C-PO zone have been met (including the extensive landscaping requirements) as well as the concerns of the neighbors being addressed by Dr. Kaplan and the preservation of the residential integrity and architectural facade of the house. Mr. Burns reminded Council that this parcel is directly across the street from the Kent General Hospital Emergency entrance and will not sell for use as a residential home.
Mr. Burns reviewed the City’s “Summary Questions for Planning Commission Review of Development Proposals”, stating that this proposal meets every one of the criteria.
Mr. Burns related that Mr. Bill Holmes offered testimony at the Planning Commission meeting against the rezoning request. Mr. Burns reminded Council that Bill Holmes’ late father, Mr. Al Holmes, was a member of the Planning Commission at the time of the Comprehensive Plan approval and voted in favor of its adoption. Mr. Holmes, living next door to the property now before Council for rezoning, supported the Comprehensive Plan’s directive of central commercial for this area. Mr. Holmes himself operated his insurance business from his home for many years. His son and wife now object to the rezoning of the Horsey property.
In agreeing to sell this property to Dr. Kaplan, the sellers have stipulated a deed restriction that would permit the property to be used only for medical related uses. This was done as insurance to the neighbors that other uses allowed in the C-PO zone would not be permitted. All efforts were made by seller and buyer to maintain in Dogwood trees on the property and the buyer has agreed to landscape the property as suggested by City staff. Mr. Burns stated that both the sellers and buyers have gone to extensive means to meet all concerns of the neighborhood and he urged Council’s approval to this rezoning request.
Dr. William Kaplan spoke in favor of the rezoning request. He submitted pictures of a similar home, adjacent to Milford Memorial Hospital, that he converted to an office. He stated that the residential appearance of the Milford property has been maintained and that it is an asset to the Milford community. Dr. Kaplan explained that in his field of Gastroenterology and with health care providers requiring more in-office specialized procedures, it is imperative that he be located very close to the hospital. There is a need for his specialty in the Dover area and many of his patients now have to come to his Milford office for specialized procedures outside the hospital. Directly adjacent to the hospital is the perfect location for his medical office.
Mrs. Elizabeth Lloyd of Westminster Village spoke in favor of the requested rezoning. Dr. Kaplan is her physician and if she were an adjacent neighbor, she would support the rezoning. The location is ideal for a physician’s office. She has visited Dr. Kaplan’s Milford office which is beautiful and very much an asset to the community. Dr. Kaplan is a specialist in his field and the only physician in his office. Therefore, there are comparably few patients visiting him on a daily basis. Mrs. Lloyd urged Council’s approval for this very much needed physician’s office in Dover.
Mr. John LeCroy of 805 S. State Street spoke in opposition to the proposed rezoning. He requested that Council maintain the vitality of this residential neighborhood. Approval of this rezoning request would result in the natural migration of others and would ultimately destroy the integrity of their neighborhood. He felt that Council has an obligation to address the needs of its citizens and the citizens in this area do not support additional physician offices. Businesses of this nature leave an empty building at night, which is not conducive to a residential neighborhood.
Ms. Janice Donovan of 732 S. State Street spoke in opposition to the requested rezoning (letter also on file in Office of City Clerk). Ms. Donovan stated her opinion that too many homes are being lost to doctors and other hospital related facilities. The citizens living in this area want to maintain the residential flavor of their community. She suggested that perhaps the Comprehensive Plan needs to be updated for properties in this area of Dover.
Mr. Bill Holmes, speaking on behalf of his mother who owns the property immediately adjacent to the Horsey/Scheller property, encouraged Council to deny this rezoning request. Mr. Holmes presented a petition from neighbors in opposition to the rezoning. He stated that approval of the rezoning would be spot zoning, reminding Council that in the last few years two other proposed rezonings in this area were denied. He also stated that the Comprehensive Plan is only a guide; it is not a law that must be followed.
Council President Christiansen declared the hearing closed.
Petition
The City Assessor reported that the opposing petition submitted by Mr. Holmes contains 34% of the property owners within 100', which is a sufficient number of signatures to require a three-fourths vote for approval by Council.