REGULAR MEETING
July 27, 1970
The regular meeting of City Council was held on Monday, July 27, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council held on July 13, 1970 were accepted and bore the written approval of Mayor Carroll.
The minutes of the regular meeting of City Council held on July 20, 1970 were accepted and bore the written approval of Mayor Carroll.
ELIZABETH W. MURPHY SCHOOL
A letter was received from the Elizabeth W. Murphy School asking the City of Dover if they would be interested in a parcel of land now owned by the Murphy School located on the west side of the St. Jones River. They requested that the City make a proposal if they are interested, and the only restriction they would place upon the sale, is that it would have to be maintained as park land. On motion of Mr. Coyle, seconded by Mr. Hayes, Council referred this request to the Parks, Playgrounds and Trees Committee.
SUBDIVISION REGULATIONS
A request has been received from the Planning Commission to amend the Subdivision Regulations of the City of Dover. A public hearing will be held prior to amending the Subdivision Regulations. On motion of Mr. Legates, seconded by Mr. Hayes, Council adopted the following resolution and referred the request back to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE LAND SUBDIVISION REGULATIONS AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain amendments have been recommended to the City of Dover Land Subdivision Regulations, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held on August 24, 1970 at 8:00 P.M. in City Hall on a proposed amendment to the Land Subdivision Regulations, such amendments requested to update the Land Subdivision Regulations. A copy of the proposed amendments are on file in the office of the Clerk of Council.
2. That a notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 27, 1970
COMPREHENSIVE MAP - CITY OF DOVER
Mr. Richard McCann, City Planner, was present and addressed Council and presented a copy of the Comprehensive Map that will be included in the printed report of the Comprehensive Plan to be available shortly. This map outlines the expected growth up to 1990, showing the areas that might best be used for residential, industrial, commercial, park land, schools, etc. Mr. McCann further stated that the Comprehensive Plan will be ready and mailed out this Friday, July 31st.
BUCKSON-RICHARDSON REZONING WITHDRAWL
A public hearing was held on July 13, 1970 on rezoning a tract of land located on the northwest corner of Hartly and Kenton Roads owned by Mr. David P. Buckson and Mr. Edward Richardson. At that time the public hearing was opened by Mayor Carroll and after much presentation was tabled by Council. On motion of Mr. Hayes, seconded by Mr. Coyle, Council at this time removed from the table the rezoning request of Messrs. Buckson and Richardson. Mayor Carroll reopened the hearing. A letter was received from Messrs. Buckson and Richardson requesting that this rezoning request be withdrawn at this time. On motion of Mr. Holmes, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Holpp, accepted the request and withdrew the rezoning petition. Mayor Carroll closed the hearing.
BUCKSON-RICHARDSON REZONING APPLICATION
A request has been received from Messrs. David P. Buckson and Edward H. Richardson to rezone a tract of land they own located on the south side of Fox Hall Road. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Hastings, seconded by Mr. Biggs, Council by unanimous vote adopted the following resolution and referred this request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the southside of Fox Hall Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall on August 24, 1970 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to MHP that land located on the southside of Fox Hall Road (Walker Road extended), owned by Messrs. David P. Buckson and Edward H. Richardson, and containing approximately 83 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 27, 1970
RICHARD P. McCANN RESIGNATION
Mr. Richard P. McCann, City Planner, who was in attendance this evening, has tendered his resignation as City Planner effective July 31, 1970. At this time, Mayor Carroll expressed his thanks to Mr. McCann for his good work and effort in updating the Planning of the City of Dover. These expressions came on behalf of the Mayor and Council, the Planning Commission, and the Staff of the City of Dover.
FIRE PREVENTION CODE
The present Fire Prevention Code of the City of Dover uses the National Fire Prevention Code dated 1965 as a reference in the City Code. The National Fire Prevention Code has been updated with 1970 Edition. On motion of Mr. Legates, seconded by Mr. Hayes, Council requested the City Solicitor drawn an ordinance changing the City of Dover Fire Prevention Ordinance from the reference to the 1965 National Code to the 1970 Edition. This ordinance will be presented at the next meeting.
ZONING AMENDMENTS
A request had been received to update the City of Dover Zoning Ordinance with various changes. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous vote adopted the following ordinances.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER, DELAWARE, AS APPROVED BY COUNCIL ON NOVEMBER 27, 1961
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that effective this date, the Zoning Ordinance of the City of Dover, Delaware is amended as follows, to wit:
1. That Article III, Section 3.215 is deleted in its entirety and a new Article III, Section 3.215 is inserted in lieu thereof, as follows:
3.215 IN RG-1 only, nursery schools and kindergartens may be permitted, as conditional uses under Section 10.1 of this Ordinance.
2. That Article III, Section 3.313 (b) is deleted in its entirety and a new Article III, Section 3.313 (b) is inserted in lieu thereof, as follows:
(b) The aggregate area of all such signs on the premises shall be not greater that nine square feet.
3. That Article III, Section 3.414 (b) is deleted in its entirety and a new Article III, Section 3.414 (b) is inserted in lieu thereof, as follows:
(b) The aggregate area of all such signs on the premises shall be not greater than sixteen (16) square feet.
4. That Article III, Section 3.7A.2 (b) is deleted in its entirety and a new Article III, Section 3.7A.2 (b) is inserted in lieu thereof, as follows:
(b) The aggregate area of all such signs on the premises shall be not greater than one hundred fifty (150) square feet.
5. That Article III, Section 3.313 (c) is deleted in its entirety and a new Article III, Section 3.313 (c) is inserted in lieu thereof, as follows:
(c) If such signs are illuminated, such illumination shall be indirect, with all light sources shielded from the view of adjacent lots and streets.
6. That Article III, Section 3.814 is deleted in its entirety and a new Article III, Section 3.814 is inserted in lieu thereof, as follows:
3.814 One sign facing each street which access to the lot is provided announcing the name or insignia, or both, of the establishments housed in the building. Such a sign shall be applied onto the wall of the building, shall not exceed an area of fifty (50) square feet, and shall not extend beyond the said wall of such building in any direction. If illuminated at night, such illumination shall be indirect, with all light sources shielded from the view of adjacent lets and streets. One identification sign at each point of access to the lot, with an area of not more than three (3) square feet, and internal directional signs, each with an area of not more than two (2) square feet, shall also be permitted.
7. That Article III, Section 3.84 is deleted in its entirety and a new Article III, Section 3.84 is inserted in lieu thereof, as follows:
3.84 Site Illumination. Exterior flood lighting or other illumination shall be shielded from the view of all surrounding properties and streets.
8. That Article III, Section 3.7A.1.2 is deleted in its entirety and the existing sections 3.7A.1.2 (d), (e), (f), (g), (h), (i), (j), (k) and (l) are redesignated as section 3.7A.1.2 (c), (d), (e), (f), (g), (h), (i), (j), and (k), respectively.
9. That Article III, Section 3.7A.2 (d) is deleted in its entirety and a new Article III, Section 3.7A.2 (d) is inserted in lieu thereof, as follows:
3.7A.2 (d) Signs shall not extend more than thirty (30) feet from the ground; and shall be at least twenty five (25) feet from the front line, when the said front line is adjacent to a street or highway maintained by the State of Delaware, and shall be at least fifteen (15) feet from the front lot line, when the said front lot line is adjacent to a street or highway maintained by the City of Dover, except for signs to be attached to buildings erected prior to the effective date of this ordinance.
10. That Article III, Section 5.4 Supplementary Signs Regulations is amended by inserting a new Section 5.43, as follows:
5.43 In areas under the joint or overlapping jurisdiction of the Delaware State Highway Department and the City of Dover with reference to the setback requirements of signs from the front lot line of a property, the more restrictive regulations shall apply.
11. That Article III, Section 3.7A.3 Parking Areas and Landscaping is deleted in its entirety and a new Article III, Section 3.7A.3 is inserted in lieu thereof, as follows:
3.7A.3 Parking Areas and Landscaping. Parking Areas shall be designed, surfaced and maintained for convenience, safety and attractiveness. A substantial solid wall or fence or thick hedge shall be maintained along residence zone boundaries to a height of six and one-half (6 ½) feet above the average finished grade of the parking area and adjacent to screen all operations on the lot from view of the properties in any adjacent residential zone.
12. That Article III, Section 3.82 Landscaping is deleted in its entirety and a new Article III, Section 3.82 is inserted in lieu thereof, as follows:
3.82 Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Along Residence Zone boundaries, there shall be maintained a substantial solid wall or fence or thick hedge to a height of six and one-half (6 ½) feet and adequate to screen all operations on the lot from the view of properties in the adjacent Residence Zone. All landscaping shall be properly maintained throughout the life of any use on any lot.
13. That Article III, Section 3.853 is deleted in its entirety and a new Article III, Section 3.853 is inserted in lieu thereof, as follows:
3.853 Bulk storage of manufactured or other products.
14. That Article IV, Section 4.11 Bulk and Parking Regulations for One Family Residence, R-20, R-15, R-10, R-8 and R-7 Zones is amended by deleting the Minimum Required: Livable Floor Area/DU (Sq. Ft.) of “1,200" for the R-10, R-8 and R-7 Zones.
15. That Article IV, Section 4.12 Bulk and Parking Regulations for General Residence Zone (RG-1) is amended by deleting the Minimum Required: Livable Floor Area/DU (sq. ft.) for One-Family Dwellings Detached of “1,200", One-Family Semi-Detached and Other Dwellings of “600" and Multiple Dwellings of “600".
16. That Article IV, Section 4.12 Bulk and Parking Regulations for General Residence Zone (RG-1) is amended by deleting the Minimum Required: Off-Street Parking Spaces/DU for One-Family Semi-Detached and Other Dwellings of “1" and Multiple Dwellings of “1 ½" and inserting in lieu thereof “2" in both instances.
17. That Article IV, Section 4.13 Bulk and Parking Regulations for General Residence Zone (RG-2) is amended by deleting the Minimum Required: Off-Street Parking Spaces/DU for Multiple Dwellings of “1/DU” and inserting in lieu thereof “2".
18. That Article V, Section 5.16 Existing Small Lots in All One-Family Residence Zone is amended by deleting the Minimum Required: Off-Street Parking Spaces/DU for Multiple Dwellings of “1/DU” and inserting in lieu thereof “2".
19. That Article IX, Section 9.35 is amended by deleting the fee of “$5.00" and inserting in liey thereof “$15.00".
20. That Article X, Section 10.21 is deleted in its entirety and a new Article X, Section 10.21 is inserted in lieu thereof, as follows:
10.21 Site Development Plan Approval shall be required for the erection or enlargement of all structures and the establishment of any use for which Site Development Plan Approval is required by the provisions of this ordinance.
21. That Article X, Section 10.22 is deleted in its entirety and a new Article X, Section 10.22 is inserted in lieu thereof, as follows:
10.22 In considering and acting upon site development plans the public health, safety and welfare the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, shall be taken into consideration and appropriate conditions and safeguards may be prescribed as may be required that the result of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular:
22. That Article X, Section 10.23 is deleted in its entirety and a new Article X, Section 10.23 is inserted in lieu thereof, as follows:
10.23 Effect of Site Development Plan Approval. No building permit will be issued for any structure covered by this section until an approved Site Development Plan or approved amendment of such plan has been secured by the applicant. No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved Site Development Plan or approved amendment of any such plan.
23. That Article X, Section 10.241 is deleted in its entirety and a new Article X, Section 10.241 is inserted in lieu thereof, as follows:
10.241 Prior to the submission of a Site Development Plan Application, the applicant or his representatives shall meet in person with the Building Inspector and the City Planner. The purpose of this conference shall be to discuss the proposed uses or development in order to determine: first, whether the Site Development Plan Application shall be submitted to the Building Inspector for consideration and review through this office or shall be referred to the Planning Commission for its consideration and review; and second, which of the elements listed in Section 10.25 below will be useful in the determination of conformity with the provisions and intent of this ordinance.
24. That Article X, Section 10.242 is deleted in its entirety and a new Article X, Section 10.242 is inserted in lieu thereof, as follows:
10.242 If as a result of the pre-submission conference as described in Section 10.241of this Ordinance, it is determined that the proposed uses or development is of a type that may by approved by the Building Inspector, the applicant shall submit the application for Site Development Plan Approval in triplicate on forms approved for that purpose to the Building Inspector with the required documentation under the provisions of Section 10.25 of this ordinance. The Building Inspector shall coordinate the reviews of the various administrative departments of the City of Dover and approve or disapprove the application within ten (10) days of the date of submission.
25. That Article X, Section 10.243 is deleted in its entirety and a new Article X, Section 10.243 is inserted in lieu thereof, as follows:
10.243 In the event that the Building Inspector disapproves an application for Site Development Plan Approval, his disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this ordinance. If an applicant feels aggrieved by the disapproval of an application for Site Development Plan Approval by the Building Inspector, the applicant may request a review and consideration by the Planning Commission at the next regularly scheduled business meeting and the Building Inspector shall forward the application, all pertinent material submitted by the applicant and a copy of his written findings and reasons for denial of the application to the Planning Commission for its authorized representative.
26. That Article X, Section 10.244 is deleted in its entirety and a new Article X, Section 10.244 is inserted in lieu thereof, as follows:
10.244 At each regularly scheduled business meeting of the Planning Commission, the Building Inspector shall submit to the Planning Commission a list of all applications for Site Development Plan Approval and a copy of the site development plans that he has approved since the last regularly scheduled business meeting of the Planning Commission.
27. That Article X, Section 10.245 is deleted in its entirety and a new Article X, Section 10.245 is inserted in lieu thereof, as follows:
10.245 If as a result of the pre-submission conference as described in Section 10.241 of this ordinance, it is determined that the proposed uses or development is of a type that should be reviewed by the Planning Commission and approval or disapproval of the application given by that body, the application for Site Development Plan Approval shall be submitted in triplicate to the Building Inspector, on forms approved by the Planning Commission, at least ten (10) days prior to the Planning Commission meeting at which approval is to be requested.
28. That Article X, Section 10.246 is deleted in its entirety and a new Article X, Section 10.246 is inserted in lieu thereof, as follows:
10.246 The Building Inspector shall certify on each application for Site Development Plan Approval whether or not the application meets the requirements of all Zoning Ordinance provisions other than those in this section regarding Site Development Plan Approval. The Building Inspector shall retain one copy and transmit two copies of the certified application for Site Development Plan Approval to the Planning Commission or its authorized representatives at least seven (7) days prior to the date of the meeting at which approval of the Site Development Plan is to be requested.
29. That Article X, Section 10.247 is deleted in its entirety and a new Article X, Section 10.247 is inserted in lieu thereof, as follows:
10.247 The Planning Commission shall act to approve or disapprove any application for Site Development Plan received by it either as on original review or as an appeal under the provisions of Section 10.243 of this ordinance within 45 days after the meeting at which the application is received. Failure to act within 45 days 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.
30. That Article X is amended by Inserting a new Article X, Section 10.248, as follows:
10.248 Final plans and working drawings shall not be prepared for submission to the Building Inspector for Building Permit approval until after approval of the application for Site Development Plan Approval has been obtained.
31. That Article X is amend by inserting a new Article X, section 10.249 as follows:
10.249 Amendments to an approved site development plan shall be acted upon in the same manner as the original plan.
32. That Article X, Section 10.25 is deleted in its entirety and a new Article X, Section 10.25 is inserted in lieu thereof, as follows:
10.25 Submission requirements accompanying Applications for Site Development Plan Approval. The Applicant shall cause a site development plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. The application shall submit six (6) copies of the site development plan map to the Building Inspector prior to or at the time of filing the formal application for Site Development Plan Approval under the provisions of Section 10.242 or Section 10.245 of this ordinance, the Building Inspector shall retain one copy and transmit five copies of the site development plan map to the Planning Commission or its authorized representative at least seven (7) days prior to the meeting at which approval of the application for Site Development Plan Approval is to be requested. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated in the pre-submission conference required by the provisions of Section 10.241 of this ordinance.
ADOPTED JULY 27, 1970
COUNCIL ADJOURNED AT 8:25 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of July 27, 1970 are hereby approved.
July 28, 1970 Crawford J. Carroll Mayor