REGULAR MEETING
July 27, 1981
The Regular Meeting of Council was held on June 27, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an executive session to discuss personnel matters immediately after agenda item #7.
The City Clerk requested an additional agenda item to present a letter from the News Journal Company requesting a loading zone in the vicinity of Water Street.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 13, 1981
By motion of Mr. Boaman, seconded by Mr. Hardcastle, the Minutes of the Regular Council Meeting of July 13, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
PROCLAMATION - INTERNATIONAL CLOWN WEEK
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council unanimously approved the following proclamation:
WHEREAS, International Clown Week, being observed August 1 - 9, 1981, has focused this nation’s attention on the thousands of men and women who have donated their time and effort to brighten the lives of their fellow men, and
WHEREAS, The entertainment provided by clowns in hospitals, homes, orphanages and schools throughout the country has brought smiles to the faces of youngsters who might not otherwise have cause to smile, and
WHEREAS, In these troubled times which so often focus on worrisome problems which divide people, it is heartening to pay tribute to clowns, especially those is our own communities who, by virtue of their special talents for generating humor in our lives, draw people together in the universal language of laughter,
WHEREAS, All the world loves a clown,
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, Mayor of the City of Dover, Delaware, do hereby proclaim the week of August 1 - 9, 1981 as
INTERNATIONAL CLOWN WEEK
in Dover and urge all citizens of our city to join in recognizing the substantial contribution made by our volunteer clowns to the happiness of those around them.
RESOLUTION - COLONEL JAMES B. O’CONNOR
By motion of Mr. Bewick, seconded by Mr. Carey, Council unanimously adopted the following resolution:
WHEREAS, Col. James B. O’Connor has served as Vice Wing-Commander at Dover Air Force Base since February 1980; and
WHEREAS, during his tenure of duty at Dover Air Force Base Col. James B. O’Connor has continually promoted and nourished the relationship of cooperation, comradeship, and involvement which the City has always enjoyed with Dover Air Force Base personnel; and
WHEREAS, Col. James B. O’Connor will be leaving Dover Air Force Base effective August 1, 1981 to become the liaison officer at Headquarters Atlanta Command in Norfolk, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their appreciation to Col. James B. O’Connor for the friendship and goodwill he has promoted during his tenure at Dover Air Force Base.
2. The Mayor and Council express their regret at the departure of Col. James B. O’Connor from the Dover area and wish him the best of fortune in his new command.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Col. James B. O’Connor.
ADOPTED: July 27, 1981
RICHARDSON TRACT REZONING - NORTH SIDE OF WALKER ROAD BETWEEN DOVER HIGH SCHOOL, RICHARDSON FARM AND SILVER LAKE
Mayor McDonough extended a privilege to the Councilmen to relinquish the floor to anyone wishing to present questions on the rezoning, noting that the matter of the rezoning is not subject to the procedures utilized in a public hearing.
Mr. Boaman moved for approval of the rezoning, with the exception of the C-2A parcel that would be replaced by a zoning category of RG-0. The motion was seconded by Mr. Carey.
Per request of Mr. Hardcastle, Mayor McDonough recognized the large contingent of residents in the area that would be effected by the rezoning, stating that if the zoning is approved the matter will then be considered by the City of Dover Planning Commission where the site plans for the development will be reviewed and discussed, covering most of the objections that were presented during the public hearing of June 17, 1981. The site plan reviews will not be a public hearing; however, Mayor McDonough felt that Chairman Julian Massey, of the City of Dover Planning Commission, would allow comments from the general public due to the major issues involved.
Councilman Richter stated his feeling that the proposed zoning is not proper, adding that zoning is designed to preserve the character of the existing properties. He advised those present of many telephone calls, both in opposition and for the rezoning, emphasizing to those objectors that many citizens have expressed an affirmative attitude towards the rezoning.
Mr. Richter hoped that Council would make a decision during this meeting and proceed to other administrative problems facing the City.
Mr. Hardcastle called for the question and by a roll call vote of six (6) yes, one (1) no (Mr. Richter), Council adopted the following ordinance:
(Notation: See attached decision - Solicitor Rodriguez)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY ADJACENT TO WALKER ROAD, WOODCREST DRIVE, DOVER HIGH SCHOOL AND SILVER LAKE (KNOWN AS THE RICHARDSON TRACT).
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-20 to RG-5, RG-3 and RG-0.
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-20 to RG-5, RG-3 and RG-0 on that property adjacent to Walker Road, Woodcrest Drive, Dover High School and Silver Lake (known as the Richardson Tract), owned by Richardson Trust.
ADOPTED: July 27, 1981
PUBLIC HEARING - YELLOW CURB ORDINANCE - WEST SIDE OF SOUTH GOVERNORS AVENUE - IN FRONT OF HOLDEN AND MUNDY AUTOS
A public hearing was duly advertised for this time and place to consider adoption of an ordinance to initiate prohibitive parking designated by a yellow curb on the west side of South Governors Avenue, directly in front of Holden and Mundy Autos. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mayor McDonough declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council by a roll call vote of six (6) yes, one (1) absent (Mr. Boaman) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the City of Dover Code shall be and hereby is amended by adding the following no parking zone:
On the west side of South Governors Avenue beginning at the entrance to Holpp Supply and Equipment Co. and extending south for approximately 120 feet to the northern most entrance to Holden & Mundy, Inc.
ADOPTED: JULY 27, 1981
EXECUTIVE SESSION - PERSONNEL MATTERS
Mr. Witt moved to recess into executive session to discuss personnel matters, seconded by Mr. Carey and unanimously carried.
Council reconvened at 8:15 p.m.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 22, 1981 at 7:30 p.m. with Chairman Bewick presiding.
Water and Sewer Extension - Whiteoak Road
Stemming from a petition initiated by Ms. Ruth Probst, the committee recommended that a public hearing be held on August 24, 1981 at 7:45 p.m. on the proposed water and sewer extension on the Whiteoak Road, stipulating that residents of the area be notified of said hearing.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Sewer and Water Bill - Gus Brame - 254 Pine Valley Road - Retreat
Mr. Gus Brame explained that the water meter installed for his residence at 254 Pine Valley Road on May 29, 1980, revealed a consumption of water that could not have been utilized by his household. He noted that he did not take possession of his home until June 26, 1980.
The committee noted that the contractor possibly used the water before Mr. Brame’s occupancy.
After considering all aspects of the matter, the committee recommended that the bill be adjusted to reflect a billing of 84,000 gallons total, up to July 1, 1981.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Water Supply Study - Test Wells
Mr. Woods requested authorization to continue the test well program in search of a productive well into the Cheswold aquifer. He recommended that an expenditure of approximately $2,500 be approved for a test well at the site of the old water tank at the corner of Division and Kirkwood Streets, feeling that this site would be very productive in the Cheswold aquifer.
The committee recommended approval of an expenditure of approximately $2,500 to drill a test well in the Cheswold aquifer at the above mentioned site.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. Carey and unanimously carried.
Eastern Shore Natural Gas - Reinforcement Main Franchise - New Burton Road
Mr. Mogan advised the committee that Eastern Shore Natural Gas has requested a franchise for the installation of a reinforcement main on New Burton Road, toward Camden. Noting that there is an existing franchise with the City of Dover, he suggested that a separate franchise be written for the installation of the reinforcement main only.
The committee recommended approval of Mr. Mogan’s suggestion.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
State Street Sewer - State Highway Property Adjacent to South Street
Mr. Mogan informed the committee that a bid under contract #4 was received from George and Lynch in the amount of $22,554.70 to repair the tar ditch interceptor found to be damaged during a sewer rehabilitation program inspection. Since the project is covered by federal funding, the total expenditure for the City would be $5,000. The sewer is located on the State Highway Department property, just north of South Street on South State Street.
The committee recommended approval of the project, noting that the new installation would take the sewer line outside the building line of the Highway facility.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
West Dover Water Tank Site
The committee recommended proceeding with soil tests to develop foundation specifications on a site of land on the Kenton Road between Walker and State College Roads that will eventually be the site of a new water storage tank, noting that the expenditures would amount to approximately $5,000.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Hardcastle and unanimously carried.
Mayor McDonough reported receiving telephone calls from residents outside the City, in the vicinity of the proposed water tower, complaining that they were not notified of any consideration for such an installation. He suggested that the Utility Committee notify all residents within 150' when they are considering related utility facilities.
Mr. Hardcastle moved for the approval of the Utility Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 23, 1981 at 7:30 p.m. with Chairman Witt presiding.
Purchase of City Owned Property - Intersection of Rt. #113 and Kitts Hummock Road
A request was received from Mr. Wayne Mills to purchase the triangular portion of land bordering Rt. #113 and the Kitts Hummock Road. The committee recommended that the City Manager obtain an independent appraisal of the property in preparation of establishing a date for an auction at the August 10th Council Meeting.
Mr. Richter informed Council that the Department of Transportation, Division of Highway, is interested in purchasing the property for improvements to Rt. #113. The Highway Department will be obtaining an independent appraisal in the next two months. In the interest of cooperating with the State Highway Department, Mr. Richter suggested that the City delay any preparation to dispose of the property until further word is heard from the State.
Council, by a general consensus of opinion, agreed to wait for a State proposal.
Tax Re-evaluation - Report on Levy Court Meeting
Mr. Richter reported results of a meeting with members of Levy Court, stating that the Kent County Levy Court is not interested in a joint re-assessment involving the City and County.
The committee recommended that the City approve a tax re-evaluation program.
Mr. Witt suggested that Council direct Mr. McDowell to obtain prices for a tax re-evaluation before proceeding further with the proposal. In addition, the purpose of the committee’s recommendation was to inquire of Council if a majority of the members are interested in a tax re-evaluation.
Mr. Hardcastle and Mr. Bewick suggested some type of in-house tax re-evaluation.
Mr. Bewick stated that he was not against a tax re-evaluation and could see no reason the City Tax Department, with some measure of outside, professional help, could not accomplish the program.
Questioned by members of Council, he did not feel it necessary for a visual inspection of each taxable property.
Mr. McDowell stated that an in-house tax re-evaluation would be an impossibility since the figures would have to be compiled and put on the books in one specific time area. In addition, he felt that hiring outside consultants for a minimal amount of work performance would cost the City almost as much as a full re-evaluation.
Mr. Hardcastle said that he is hesitant to spend $150,000 to $200,00 for a full re-evaluation and suggested using the expertise of former Tax Assessor Hayes as a consultant.
Mr. Witt reminded members of Council that the last tax re-evaluation was performed in 1972 and since that time many inequities exist in property values throughout the City, both residential and commercial.
Mr. Boaman moved that Council charge the Legislative and Finance Committee with the responsibility of compiling costs to engage an independent company for the total procedure of tax re-evaluation and the cost of performing the program in-house, stipulating that Mr. McDowell proceed to compile this information for a report to the Legislative and Finance Committee at their next regular meeting. The motion was seconded by Mr. Hardcastle.
By a unanimous roll call vote, the motion was carried.
Mr. Boaman stated that Mr. McDowell could request additional time to compile the necessary information if this information is not totally available by the next Legislative and Finance Committee meeting.
Codification of Ordinances - Approval of Adoptive Ordinance
The City Clerk advised the committee that he has submitted an ordinance to the City Solicitor for his review that would adopt the recent recodification of the City Codes by Municipal Code of Florida. He recommended that the ordinance be presented to Council at the July 27th meeting for the purpose of setting a public hearing on August 10, 1981 to consider adoption.
The committee recommended approval of Mr. Willis’ recommendation.
Mr. Witt moved for approval of the recommendation, seconded by Mr. Richter and unanimously carried.
Priority List for Replacement of Work Force - Replacement of Fire Dispatcher
As per request of Mr. Mogan, the committee recommended that he be authorized to replace a fire dispatcher at Robbins Hose Company who has recently terminated his employment .
Mr. Witt moved for approval of the committee’s recommendation, seconded by Mr. Boaman and unanimously carried.
Turnberry Parkland - Land Transfer
The committee discussed a tract of land in Turnberry, dedicated as open public space, and recommended that the City divest itself of the property to the Turnberry Homeowner Association, stipulating that all costs of transfers be their responsibility.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Little League Electric Billing - Horsepond Road
Mr. Mogan advised the committee that the 1980/81 fiscal budget designated for electric billings of the Little League Park, located on Horsepond Road, totaled $2,968,.80 as of July 1, 1981.
The 1981/82 fiscal year budget also earmarks $1,500 for the same purpose, this being a part of the donation account of Mayor and Council. Mr. Mogan wished to inform Council that the electric billing of the Little League Park will exceed the designated $1,500 budget item for fiscal year 1981/82.
The committee recommended that a letter be submitted to the Little League advising them that the City’s designated budget item for electric billing will not be sufficient for fiscal year 1981/82.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously approved.
MONTHLY REPORTS
Chief of Police Report for the Month of June
The Chief of Police Report for the month of June was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of June
The Building Inspector and Fire Marshal Report for the month of June was unanimously adopted by motion of Mr. Boaman, seconded by Mr. Bewick.
City Alderman Report for the Month of June
The Alderman reported total fines for the month of June in the amount of $1,967.
By motion of Mr. Witt, seconded by Mr. Carey, the City Alderman’s Report for the month of June was unanimously adopted.
General Operating Fund, Cash Receipts Report for the Month of June
The General Operating Fund, Cash Receipts Report for the month of June was unanimously adopted by motion of Mr. Bewick, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of May
The General Operating Fund, Budget Report for the month of May was unanimously adopted by motion of Mr. Witt, seconded by Mr. Bewick.
Water/Sewer Fund, Cash Receipts Report for the Month of June
The Water/Sewer Fund, Cash Receipts Report for the month of June was unanimously adopted by motion of Mr. Bewick, seconded by Mr. Carey.
Water/Sewer Fund, Budget Report for the Month of May
The Water/Sewer Fund, Budget Report for the month of May was unanimously adopted by motion of Mr. Bewick, seconded by Mr. Hardcastle.
Inter-governmental Service Fund, Revenue & Budget Report for the Month of May
The Inter-governmental Service Fund, Revenue and Budget Report for the month of May was unanimously adopted by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of June
The Electric Revenue Fund, Cash Receipts Report for the month of June was unanimously adopted by motion of Mr. Mogan, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of May
The Electric Revenue Fund, Budget Report for the month of May was unanimously adopted by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report - May
The Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report for the month of May was unanimously adopted by motion of Mr. Boaman, seconded by Mr. Bewick.
Capital Fund, Cash Receipts & Disbursement Report - April, May & June
The Capital Fund, Cash Receipts & Disbursements Report for the months of April, May and June were unanimously adopted by motion of Mr. Boaman, seconded by Mr. Carey.
Municipal Street Aid Fund, Cash Receipts & Disbursements Report - April, May & June
The Municipal Street Aid Fund, Cash Receipts & Disbursements Report for the months of April, May and June was unanimously adopted by motion of Mr. Boaman, seconded by Mr. Bewick.
City Manager’s Report for the Month of June
The City Manager’s Report for the month of June was unanimously adopted by motion of Mr. Boaman, seconded by Mr. Carey.
J.P. COURT #7 REPORT FOR THE MONTH OF JUNE
A check was received from J.P. Court #7 for the month of June in the amount of $6,859.49. Deferred payments, as of June 30, 1981, totaled $26,298.96.
By motion of Mr. Bewick, seconded by Mr. Carey, the J.P. Court #7 Report for the month of June was unanimously adopted.
SET PUBLIC HEARINGS - DANGEROUS BUILDINGS - 27 & 29 NORTH QUEEN STREET
Chief Inspector Roe requested that the John Mosley Estate, 27 North Queen Street, be set for public hearing. He requested that property owned by Arthur and Barbara Giangrant at 29 North Queen Street not be considered for public hearing since Mr. Giangrant has applied for a demolition permit; said demolition to start August 1, 1981 and be completed October 1, 1981.
Questioned on the length of time requested for 29 North Queen Street, Mr. Giangrant informed Council that there are a number of beams in the house that he wishes to salvage; therefore, demolition will require a longer period of time.
Mr. Boaman moved that a public hearing be set for August 0, 1981 at 7:45 p.m. to consider the demolition of the John Mosley Estate, located at 27 N. Queen Street and that 29 N. Queen Street, owned by Arthur and Barbara Giangrant be deferred. The motion was seconded by Mr. Hardcastle and unanimously approved.
Mayor McDonough requested that Mr. Roe report on the progress of the Giangrant property, located at 29 N. Queen Street, at some period in the future.
REZONING REQUEST - WEST SIDE OF COUNTY ROAD #156 - BEULAH LLOYD
A rezoning request was received for property located on the west side of County Road #156, owned by Beulah Lloyd, for the purpose of a double-wide modular. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
Mayor McDonough stated that he erroneously entertained a motion not to refer this request to the Planning Commission during the meeting of July 13, 1981 and was advised of Council’s improper procedure.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by a unanimous roll call vote referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the west side of County Road #156 are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on September 28, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to MHP that property located on the west side of County Road #156, owned by Beulah Lloyd.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JULY 27, 1981
APPOINTMENT - DOVER HOUSING AUTHORITY - FRANCIS L. TURNER
Mayor McDonough presented the name of Francis L. Turner to serve a six year term on the Dover Housing Authority.
By motion of Mr. Hardcastle, seconded by Mr. Carey, the appointment was unanimously approved.
APPOINTMENT OF JUDGES - SPECIAL ELECTION - SECOND DISTRICT - JULY 30, 1981
Mayor McDonough presented the names of James Hardcastle, to serve as Chief Judge at the special election to be held on July 30, 1981, and Fred Carey to serve as a Judge. Councilman Carson volunteered to serve as a voting machine operator.
The appointments were unanimously approved by members of Council.
SET PUBLIC HEARING - PROPOSED ORDINANCE - BRADFORD STREET PARKING LOT - PARKING METERS AND PERMIT PARKING
Mr. Mogan advised Council that the City of Dover took over responsibility of the former Parking Authority lot on South Bradford Street as of July 1, 1981. The purpose of the proposed ordinance is to initiate provisions for parking meters and permit parking.
Mr. Bewick moved that the City Solicitor draw an ordinance to cover parking meters and permit parking on the Bradford Street parking lot, just north of Minor Street, and that a public hearing be held on August 10, 1981 at 7:45 p.m. The motion was seconded by Mr. Boaman and unanimously carried.
NEWS JOURNAL - WATER STREET - REQUEST FOR LOADING ZONE
Mr. Hardcastle advised Council of a request from the News Journal Company, located at 116 Water Street, for a loading zone.
Mr. Hardcastle moved for denial of the request and requested that Chief Klenoski describe the location of the proposed loading zone. The motion was seconded by Mr. Boaman for discussion purposes.
Chief Klenoski advised Council of conversations with Ms. Erla Marsh, Office Manager for the News Journal Company. Upon her request, he personally inspected the proposed location and found that the requested signs would have to be located on City property. The entrance to the parking lot for the News Journal Company is located on the road leading to the old Treatment Plant, which is City property. In addition, the road would not be wide enough to allow the zone. He recommended that the request be denied.
On a call for the question, Mr. Hardcastle’s motion for denial was unanimously approved.
Mayor McDonough declared the meeting adjourned at 9:06 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 27, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
August 3, 1981
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ATTACHMENT
DECISION OF CITY COUNCIL
RE: REZONING APPLICATION
1. The Application. On March 4, 1981, an application for rezoning was filed. It was read at the regular Council meeting held on May 11, 1981 and it was referred to the Planning Commission for consideration by Council. On May 18, 1981, the Planning Commission met to consider the application. On June 17, 1981, a public hearing on the application was held before Council which was a special meeting at which over 20 speakers were heard, both in favor of the Petition and in opposition to the Petition.
The application was presented by Krapf & Sons, Inc. as equitable owners of the property. The owners of the property are as follows: 50% being held by the Bank of Delaware as Trustee under the Will of Harry A. Richardson; with William P. Richardson; 3.5% each being held by Sara and William F. Richardson. The present zoning of the property is R-20 which was the zoning at the time of annexation. The proposed rezoning was as follows: RG-5 (Mid-Rise), RG-3 (Townhouse), RG-0 (General Residence and Office), C-2A (Limited Commercial). The present use of the property was agricultural land and the proposed use was Townhouses and professional office building complex. The applicant had previously filed a site map and all other information required by the Zoning Code, Article 10, Section 5.18 et seq.
2. Report of the Planning Commission. The Planning Commission’s report to Council recommended that the planned development and rezoning was in conformity with the Comprehensive Plan of the City of Dover, the vote for this recommendation being unanimous. The Planning Commission’s report with recommendations and findings was submitted and considered by Council in reaching its decision.
3. Dover Comprehensive Development Plan. One of the purposes of the plan is to encourage growth and development consistent with the plan. Employment opportunities are to be encouraged toward the development of office construction. A moderate approach to growth management is suggested by the plan indicating that the City should adopt such techniques as cluster development, planned residential development and to increase information requirements. The Land Development Plan has no legal status, but it is the intent of the Zoning Ordinance to attempt to have the Zoning Ordinance correspond with the land development plan, although exact correspondence is recognized as an impossibility. The Comprehensive Plan adopted by City Council on May 12, 1975 contemplates revision within a five year period and as written represents an accurate guide for future growth of the City as could be determined at the time.
The Comprehensive Plan for the area sought to be rezoned recommends Medium Density and Low Density Residential. The Medium Density is for approximately 2/3 of the tract generally adjoining Silver Lake while Low Density consists of about 1/3 of the tract. The Comprehensive Plan, as far as Medium Density Residential is concerned, includes multi-family or a combination of single family and multi-family residences distributed in densities of approximately 6 to 20 dwelling units per gross acre of land. Zoning categories which would be associated with Medium Density Residential land uses are RM-1, RM-2, RG-1, RG-2, RG-3, MPH (Mobile Home Park) and Medium Density Cluster and PRD zones. Included in Medium Density Residential land uses would be single family dwelling units, apartments or condominiums, lot line, duplex and multiplex units and patio houses. The Comprehensive Plan for Low Density Residential includes single family detached and limited multi-family units distributed in Low Densities of approximately 1.6 to 4.5 dwelling units per gross acre of land. Zoning categories which would be associated with Low Density Residential land uses are R-20, R-15, R-10, R-8, R-7, and Low Density Cluster and PRD zones.
4. Conformity of the Application with the Comprehensive Plan. The C-2A Limited Commercial zoning requested does not comply with the Comprehensive Plan. However, this request was withdrawn and it was requested that this area be rezoned RG-0. Since this request amounted to a less restrictive zone to a more restrictive zone, this amendment was permitted without an additional public hearing. The RG-5 Mid-Rise Application is a High Density zone, but the plan submitted provided such a wide area of open space and large area for development for the number of buildings to be erected which ultimately reduced this request to a Medium Density zone in conformity with the Comprehensive Plan. The RG-0 zone was increased to 38.9 acres upon elimination of the request for the Commercial zone. The plan showed 13 office buildings in this wide area which would be far less density than permitted by the Zoning Code so that this request would be in conformity with the Comprehensive Plan of Medium and Low Density. Thus, the total density for the project would be less than contemplated by the Comprehensive Plan. The Comprehensive Plan also contemplates that economy should be a factor in making decisions for rezoning. A project of this nature would unquestionably increase job opportunities in the City. The project is further desirable because the residential complex and the office complex would balance the required utilities both day and night. For example, the electric, water and sewer use would be used by the office complex during the day and the same utility use would be mostly by residents during non-working hours. If the development were used for all residential, there would be a much heavier peak in utility use and a much greater peak traffic movement than the divided use proposed. The Comprehensive Plan also provides that the Planning Commission and Council should consider projects which will be a good tax revenue for the City. This project, if constructed, will be about a 30 million dollar project and based upon the 1972 City tax method, it would generate approximately $113,000.00 in tax revenue to the City each year. Also, the City being in the electric generation business, a great increase in revenue in this area would obviously take place.
5. Traffic Impact Study. A detailed traffic impact study for the project was presented for consideration by the applicant. This study was referred to the Department of Transportation, Division of Highways, and after making several recommendations, the Division of Highways registered agreement with the traffic impact study for the project. The applicant agreed to comply with all recommendations of the Division of Highways. At any rate, this is a matter to be decided between the applicant and the Division of Highways, and if the applicant does not comply with the requirements of the Division of Highways, access to the project would not be granted nor would building permits be issued by the City of Dover. William P. Richardson gave a statement to Council offering to amend an agreement with the City of Dover giving additional land to accommodate traffic on Walker Road if necessary.
6. Public hearing. After the public hearing of June 17, 1981 was closed, Council voted to table the decision on the rezoning application.
7. Workshop Session. Because of the size of the project and the many interested parties concerning the same, Council held a Workshop session on July 16, 1981 for the purpose of having questions answered by adjoining residents and other interested parties. Interested parties opposing the rezoning were invited and attended the Workshop session along with the applicant and a representative of the Department of Highways. The result of the Workshop session appeared to answer all questions proposed by all parties.
8. Feasibility Study. The applicant presented evidence indicating that it had already agreed to lease approximately 30,000 square feet for a computer center office building and was actively negotiating with two other prospective tenants for 50,000 square feet in two other buildings. Applicant indicated that it has received 50 requests for copies of plans and specifications for Townhouses.
9. Availability of Schools for Residential Owners. The Capital School District issued a letter to the developer which was presented to Council indicating that the District could accommodate children who would be living in the residential part of the complex.
10. Utilities. Evidence was given to Council that all necessary public utilities could be furnished to the project without any problem. Further, water drainage management of the project could adequately be handled by the tax ditch and open space areas adjacent to Silver Lake.
11. State Agencies. The applicant presented comments from various State agencies concerning the project and letter replies from these agencies that were made a part of the record. No State agency registered opposition to the project. All replies were either favorable or without comment.
12. Silver Lake shoreline erosion. The Applicant presented detailed plans to prevent erosion of Silver Lake shoreline. However, the State of Delaware has adopted a code known as Delaware Erosion and Sediment Control Handbook 1980. The developer would be required to comply with the provisions of this law.
13. Decision of City Council. City Council met on July 27, 1981 and took the application for rezoning off the table for further discussion and questions by Council members. Since the public hearing had been closed, no additional evidence was taken. According to 22 Del. C. §305, the application could only be granted by favorable vote of 3/4 of all members elected to Council since written protest had been signed by sufficient adjoining owners. For the reasons stated in this opinion, Council found that the zoning amendment is in conformity with the Comprehensive Plan and approved the rezoning application by vote of six affirmative votes and one negative vote.