REGULAR MEETING
October 11, 1965
The Regular Meeting of City Council was held Monday, October 11, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by Mr. Smith of Wesley Church.
MINUTES
Minutes of the meeting of September 27, 1965 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Cavanaugh was accepted. Checks in the amounts of $64.50, $150.00 and $1000.50 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $999.50 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
UTILITY COMMITTEE
Written report of a meeting of the Utility Committee held October 4, 1965 was presented by Councilman Holpp and accepted.
CITY ASSESSOR
Councilman Hayes reported that the Wages & Hours Committee recommended the appointment of William T. James as City Assessor to fill the unexpired term of Thomas E. Baker. On motion of Mr. Smith, seconded by Mr. Walls, Council appointed William T. James as City Assessor effective October 11, 1965 with actual employment to begin October 25, 1965.
CURB DEPRESSION
Delmarva Warehouses, Inc. requested permission to depress the curb on the northside of William Street, west of Pear Street, for a distance of 30'. On motion of Mr. Hughes, seconded by Mr. Massey, the request was approved.
SOLICITOR ORDINANCE
On recommendation of the City Solicitor, Council considered an amendment to the Solicitor’s Ordinance to make it applicable to businesses within and without the City of Dover. On motion of Mr. Smith, seconded by Mr. Harris, Council by unanimous vote adopted the following amendment to the ordinance:
AN ORDINANCE AMENDING AN ORDINANCE PASSED JUNE 14, 1954 ‘REQUIRING A PERMIT AND BOND FOR THE SOLICITATION OR ACCEPTANCE OF ORDERS FOR THE DELIVERY OF ARTICLES OR SERVICES AT A FUTURE TIME WITH PAYMENT AT THE TIME OF SUCH ORDER. BUSINESSES LOCATED WITHOUT THE CITY OF DOVER AND PROVIDING PENALTIES FOR VIOLATION THEREOF.’
Be It Ordained By The Council Of The City of Dover In Council Met:
Section 1. The ordinance passed June 14, 1954 titled as above is hereby amended by striking from the Title the words “by businesses located without The City of Dover”, and by striking from Section 1 of the ordinance the words “who does not maintain a regular place of business in the City of Dover”.
Passed October 11, 1965
HALLOWEEN
On motion of Mr. Holpp, seconded by Mr. Smith, Council authorized the Mayor to issue a proclamation limiting the observance of Halloween to October 30, 1965 and setting a curfew of 10:00 P.M., subject to the penalties provided by the ordinances of the City of Dover.
FRIEDEBERG ZONING
A public hearing has been duly advertised for this date on a request by Mrs. Harry Friedeberg to rezone the property at 749 River Road from RG-1 to C-1 use. Mayor Carroll declared the hearing opened. The son of Mrs. Friedeberg spoke for the request noting that she desired to open a clothing store in a garage in the rear of the home, that parking space was available, and that a shopping center was being erected across the street. He presented a list of signatures of persons residing in the area who favored the request. The Planning Commission recommended the request be denied because it was spot zoning. No one else appeared to speak. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Massey, Council by unanimous vote denied the request to amending the zoning ordinance.
MAGISTRATE COURT
Mayor Carroll reported that he and Chief Turner are continuing efforts to have a Magistrate’s Court located in the City of Dover and are encouraged to believe that such will take place. They do not yet know what effect the new magistrate system will have on the Alderman’s Court.
TOWNE POINT ZONING
A request has been duly advertised for this date for public hearing on rezoning approximately 71 acres known as Sections 2-A and 2-B of the Towne Point development from R-20 to R-8 and RG-2. Mayor Carroll declared the hearing opened. Edward Richardson of Richardson Associates, Engineers, spoke for the petitioner, Delaware Home Builders Corporation, which he stated was completed separate from the Gordy Company which developed the first section of Towne Point. He noted that the zoning requested was in conformance with the zoning of section one of the development which contained R-8 zoning for single homes and a block zoned RG-2 for apartment construction. He noted also that site development approval must be obtained from the Planning Commission before apartments could be built, and that although RG-2 zoning permitted one dwelling unit for each 1700 square feet of lands area it would probably not be possible to build more than one unit for each 2000 or 2500 square feet because of the shape of the areas being considered. Actual development plans for the apartments have not yet been prepared. Captain Cooley spoke for residents of the Towne Point development who objected to the RG-2 zoning. He stated that the requested zoning would permit apartment construction on three sides of the development and that more than 200 units could be constructed in the two parcels now being considered. He stated that excessive traffic would be generated and that the apartments could lessen the value of the single family homes now occupied. They believed that the entire area should be limited to single family homes. He read a magazine article which pointed out the hazard of apartment zoning encroaching on single family areas. He noted the possibility of low cost housing being constructed and the possibility of the land being sold by the developer after apartment use zoning. Captain H. Lee, a property owner in Towne Point, also spoke against the proposed RG-2 zoning, objecting because of increased traffic, and the invasion of privacy occasioned by the possible erection of three story apartment houses in areas of single family, one-story ranch type homes. Questions were asked by those who so desired. The Planning Commission had recommended approval of the requested zoning. No one else having testimony to present, Mayor Carroll declared the hearing closed.
The Dover Special School District has purchased a tract of land in the development on which they propose to erect an elementary school. Building permits can not be issued until the area is zoned and a plot plan approved by the Planning Commission. Council’s prompt action is desired. Mr. Massey, seconded by Mr. Smith, moved that the zoning ordinance and zoning map be amended to approve R-8 zoning as requested, and that action on the RG-2 request be deferred. Building Inspector Roe noted that the Planning Commission would have a problem considering a plot plan with two areas unzoned and unplanned. Councilman Harris suggested that the entire area be zoned R-8, in which event the developer could still request a later zoning change. He could not vote to approve deferment of zoning. Mr. Massey and Mr. Smith agreed to withdraw the motion.
On motion of Mr. Massey, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF SECTIONS 2-A AND 2-B OF THE TOWNE POINT DEVELOPMENT.
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 from R-20 to R-8 in the area described below,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of The City of Dover shall be amended by changing the zoning designation from R-20 to R-8 in an area containing approximately 71 acres, known as Sections 2-A and 2-B of Towne Point, being located generally north and east of the present Towne Point development, with boundaries as shown on preliminary layouts prepared by Edward H. Richardson Associated, Inc. as amended September 2, 1965 and September 7, 1965.
Passed October 11, 1965.
Council adjourned at 9:05 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 11, 1965 are hereby approved.
Crawford J. Carroll
Mayor
October 12, 1965