SPECIAL MEETING
April 21, 1975
A Special Meeting of City Council for the purpose of holding a public hearing to adopt the revised zoning code was held on April 21, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Perman, Witt, Harris and McDonough. Messrs. Muir and Hardcastle were absent.
The invocation was given by Vice-Mayor, Charles A. Legates.
BICENTENNIAL
Mayor Carroll introduced G. Daniel Biggs, Jr., Chairman of the Bicentennial Committee, who had requested time for a special presentation.
Mr. Blagg and a deputation of the Dover Light Infantry Company, 1st Battalion of Kent County, consisting of Larry L. Layton, Jerrold Wollison, Larry Doyle, Les Little and Chet Long presented themselves before Council. Mr. Blagg read the General Order for Reactivation of the Militia as follows:
DOVER on DELAWARE, 21 April 1975
General Order for Reactivation of Militia
At a Meeting of the CIVIL OFFICERS of the
City
PRESENT,
The Honorable Crawford J. Carroll, Mayor, Members of City Council, a representative of citizens including Daniel BLAGG, Chairman Dover Bicentennial Committee, Larry L. LAYTON, Jerrold WOLLISON, Larry DOYLE, Les LITTLE, Chet LONG and others.
Ordered,
That the Light Infantry Company of Dover, First Battalion, Kent County be hereby reactivated. This is in honor of Captain Thomas Rodney, Commanding and the five and thirty men who faithfully served in this Militia, beginning 1775.
Ordered,
That each recruit be mustered in conformance with the directions of the General Assembly - “Instructions for Inlisting Men in Service of the Delaware Government,” 22 March, 1776.
Ordered,
That each man so mustered in subject Company shall take the name of his historic counterpart during all drills, ceremonies, jousts and bivouacs. When worn, the uniform will conform to an authentic representation of the past as described in the Delaware Archives. The hat to be black, small and round (Castor) and a broad scarlet ribbon round the crown. The left brim up fastened with a white on black cockade or rosette. The short coat shall be forest green with scarlet Facings for the Line. The drummer shall display reverse Colours. All buttons silver; waistcoat and breeches white; black garters, white stockings and black half Spatterdashes. All Commissioned Officers to wear a shoulder strap of the Colour of the Facings, edged with white lace on each shoulder; the Noncommissioned Officers to wear plain shoulder straps of the Colour of the Facings; the Privates to wear plain shoulder straps of the Colour of the coat. The firelock shall be of the Brown Bess, Long Land Style. Staff weapons and blades will be displayed by the Officers and First Sergeant. Accountrements will be functional, circa the period represented.
Ordered,
That the Company Battle Ensign will be a square banner, hoist and fly to measure three feet. The Field will be forest green with the Upper Canton of seven scarlet stripes with six intervening white stripes, to match the Colour of the coat and Facings. An escutcheon device bearing a cipher, en script, DLI shall be displayed in gold on the Lower Exterior Canton. A fringe of gold is hereby authorized.
Ordered,
That these directions shall manifest this City’s participation in our Nation’s Bicentennial Celebration.
Louis Sigili
CRAWFORD J. CARROLL
Mayor
City of Dover
On motion of Mr. Legates, seconded by Mr. Witt, Council by a roll call vote of six (6) yes, Mr. Muir and Mr. Hardcastle being absent, voted for the reactivation of the Light Infantry Company of Dover, First Battalion, Kent County as directed in the General Order presented by Mr. Blagg.
Mayor Carroll made the General Order for Reactivation official by his affixed signature.
Mr. Blagg next read a document, which is a duplicate of the one signed in 1776 by members of the Light Infantry Company, designated Mayor Crawford J. Carroll an honorary Captain of the First Infantry Company of Dover. Mayor Carroll was presented the document.
Mr. Blagg presented Mayor Carroll with the first pewter minted Bicentennial Coin in behalf of hte Bicentennial Committee.
ZONING CODE
Mayor Carroll declared the hearing open to review and adopt the revised Zoning Code and regulations. Mr. Roe, Acting Planner, informed those present that the hearing was duly advertised in the State News on March 21 and April 21, 1975 with a paid ad also appearing in that paper on April 8, 1975.
Mayor Carroll introduced members of the Planning Commission. Those present were Chairman Julian Massey, Frederick Britan, John McKenna, Albert Holmes, Gilbert Shank, Sarah Hastings and A. Barratt Cullen, Councilman.
Mr. Norman Day and Mrs. Debbie Soloky, representing Kling Associates, were given the floor for a slide presentation explaining the various changes in the Zoning Code and regulations.
Mr. Day, in his presentation, stated that in the preliminary stages of the study, Mr. James and Mr. Roe’s primary concern was in three areas:
1. Difficulty in handling the volume of new development proposals.
2. Concern over environmental control related to development.
3. Lack of professional staff to update the comprehensive plan.
Slides showing the major components of Kling’s work program and how the zoning revisions applied to various classifications in residential areas were presented by Mr. Day. The major changes in the zoning classifications were the deletion of R-7 and RG-3, adding RM1 and RM2 in the residential zone and cluster development.
Mrs. Debbie Soloky give a slide presentation on the agriculture zone pointing out that shopping centers had been removed from the C-4 classification and placed in a zoning designation of SC-1, SC-2 and SC-3. She further explained procedural changes in guideline requirements for site approval, conditional use and zoning changes. Guideline information gives the City the required information needed to decide if the development is feasible thus requiring the developer to formulate his own engineering and planning in lieu of the City. Mentioned in the procedural changes was the expiration of a conditional use permit after one year if construction or use had not started.
Site development plan approval will expire after one year if building permits have not been obtained or after eighteen months if the work authorized has not commenced.
If a project is not under taken within one year after rezoning, the City Clerk automatically will place an amendment to rezone the land to its prior classification on the agenda unless City Council is given a reasonable assurance that construction will commence soon after the one year period and proceed in a normal and reasonable manner toward completion.
This concluded the presentation by Kling Associates and Mayor Carroll opened the floor for objections or questions relative to the Zoning Code and regulations.
Mr. Wilbert Cooper, representing the Central Branch of the NAACP, asked how much the City is paying Kling Associates and what consideration the changes in the Zoning Code had given to the minority groups especially the black citizen.
Mr. Roe answered that $58,000 was the total fee for Kling Associates for eighteen months of study involving the zoning map, zoning code amendment and the comprehensive plan use map. No one particular area was studied for the purpose of application to the Zoning Code.
Mr. Joseph Wilson came forward to voice objection to the proposed code which restricts parking or recreational trailers in excess of twenty-one feet on private property Mr. Wilson recommended that the code be stricken or increased to an allowable length of thirty-one feet.
Mrs. Mamie Warren asked if the zoning ordinance for day care centers pertain to those presently in business and questioned the fifty square feet per child for play area. In addition, Mrs. Warren asked for more information on the fifty child maximum per day care center since they are controlled already by the County and Federal Government.
Mrs. Soloky stated that these rules would not affect day care centers now in existence since they would fall in the non-conforming category. The five hundred square feet of play space per child requirement has been discussed and perhaps is a little stringent. The maximum of fifty children requirements should be retained in the single family zones but could be removed in the multi-family zones.
William Henry stated that an article in the State News eliminated commercial activities in a residence. Does that apply to established activities in a residence? Mr. Roe reported many calls as a result of the article and stated that all existing customary occupations in a home would be considered a non-conforming use until termination by the present owner.
William Holland was present to speak for increasing the home storage trailer length from twenty one feet to thirty one feet. Ralph Lane also spoke in favor of a thirty one foot recreational trailer requirement.
Mrs. Pauline Kosch was present to present a letter from Mrs. Margaret J. Timko, Coordinator, Day Care Unit, Division of Social Services. The contents mentioned zoning code requirements which are in conflict with the State day care licensing regulations. The letter was received by the City Clerk as an official record.
Mr. Jerry Sapienza presented the following questions:
1. “The code at present says that where a parking lot is installed in a residential zone and is designed for twelve cars or more, the owner must paint stall lines and erect buffer screening. It is my understanding that this is being deleted from the code and if so, I object to it.”
2. Did study examine Dover’s historic zone?
3. In the matter of an architectural review, is it required that an architect sit on the review board?
4. Does the City have an adequate staff to enforce the existing code or proposed new codes?
Mrs. Soloky stated that the parking lot code was not eliminated but moved to apply to any lot adjacent to any residential lot.
Relating to the Historic Zone, Mr. Roe said that Kling was asked not to examine same but a letter from Heritage Trail Inc. suggesting boundaries and architectural compliance was referred to the Friends of Old Dover, the Downtown Merchants and the Planning Commission for their study and recommendation.
The Planning Commission is obligated to review any architectural designs in the Historic Zone with notices being sent to Friends of Old Dover, the State Building and Grounds Commission and the State Archives advising them of the time and place of the review.
Mr. Day stated the City is fortunate to have a dedicated Planning Commission and Council to direct the care and maintenance of the City of Dover. It takes more than a professional staff to accomplish the enforcement of codes.
Lloyd Faircloth was present, representing Richard Rice Travel Trailers, to speak in favor of a thirty one foot length requirement for parked trailers within the City.
There was no correspondence. Mayor Carroll declared the hearing closed.
Mr. Legates moved that in Section 6.12, page 686.1 of the Zoning Code, pertaining to a boat with is trailer, a utility trailer or unoccupied travel trailer parked in a residential zone, that the word twenty feet be stricken and the word thirty one feet body length inserted. The motion was seconded by Mr. Cullen. By a roll call vote of six (6) yes, Mr. Muir and Mr. Hardcastle absent, Council adopted the above revision.
Mr. Perman moved that the square footage of outdoor play space for day care centers in Section 3.114 of the Zoning Code, paragraph 111 be changed from 500 square feet of outdoor play space per child to 100 square feet of outdoor play space. The motion was seconded by Mr. McDonough. Council by a roll call vote of six (6) yes, Mr. Muir and Mr. Hardcastle absent, adopted the revision in the above section of the Zoning Code.
Mr. Perman moved that the maximum children allowed as stated in Section 3.114, paragraph 111, be changed to read 100 not including zones R-8 thru R-20 and maintain the maximum of 50 in zones R-8 thru R-20. The motion was seconded by Mr. Witt. By a roll call vote of six (6) yes and two (2) absent, Messrs. Muir and Hardcastle, Council adopted the above revision of the Zoning Code.
Mr. Perman moved that the City Clerk notify property owners by certified mail within fifteen days before the public hearing scheduled before Council to rezone land that is contiguous to the land to be rezoned or a distance of 150 feet and the cost of the certified mailing to be borne by the applicant for rezoning. Council by a roll call vote of five (5) yes, one (1) no, Mr. Witt, Mr. Muir and Mr. Hardcastle being absent, adopted the above addition to the zoning regulations.
On motion of Mr. Cullen, seconded by Mr. Perman, Council adopted the proposed zoning code and regulations as amended herein by a roll call vote of six (6) yes, and two (2) absent, Messrs. Muir and Hardcastle.
Mr. Witt, in behalf of Council, commended the Planning Commission, the Acting Planner and the Consultants for their presentation.
COUNCIL ADJOURNED AT 9:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at their meeting of April 21, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
25 April 1975
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