SPECIAL COUNCIL MEETING
A Special Council Meeting was held on November 2, 2009 at 7:00 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane.
Council staff members present were Mrs. Townshend and Mrs. McDowell.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda as presented, seconded by Mr. Leary and unanimously carried.
Council President Williams noted that there are two (2) public hearings scheduled for this evening: the first is for the 2009 Comprehensive Rezoning Project and the second is for the 2009 Comprehensive Plan Amendment. She reminded members that City Council adopted the 2008 Comprehensive Plan on February 9, 2009. This adoption was followed by a parcel level analysis of the City’s Zoning Map in comparison to the Land Development Plan Map of the Comprehensive Plan. From this analysis, staff developed the 2009 Comprehensive Plan Amendments to correct errors found in the Land Development Plan and the 2009 Comprehensive Rezoning to rezone properties in accordance with the Land Development Plan.
Council President Williams indicated that the packet provided to members of Council identifies all of the properties proposed for rezoning and highlights properties for which feedback had been received from either property owners or neighboring property owners that indicate that these items
warrant specific discussion by City Council. On the properties where the Planning Commission’s recommendations differ from staff’s recommendations, these differences have also been noted. The packet also identifies changes recommended to the 2008 Comprehensive Plan, along with the Planning Commission’s recommendation for each.
Council President Williams announced that anyone wishing to speak during a public hearing should sign the sign-in sheet and include the exhibit letter and number and/or property for which they wish to speak. When the subject property is raised for discussion, those listed will be invited to the podium and will be allotted three (3) minutes to share comments on the matter. Questions of Council do not count as part of the three (3) minutes. She requested that for those wishing to speak, before beginning their comments, they provide their name and address for the record.
Council President Williams explained that once the public hearing has been closed, motions will be requested for those items that received specific discussion. Staff will incorporate any changes identified by City Council in the documents for the Second Reading and Final Action. She noted that final action by City Council will take place during their Regular Meeting scheduled for November 23, 2009 at 7:30 p.m.
PUBLIC HEARING - PROPOSED ORDINANCE NO. 2009-22 - COMPREHENSIVE REZONING PROJECT 2009
A public hearing was duly advertised for this time and place to consider approval of Ordinance No. 2009-22, which would amend the Zoning Ordinance and Zoning Map of the City of Dover by changing the zoning designations to conform with the 2008 Comprehensive Plan. The First Reading of the proposed ordinance was accomplished during the Council Meeting of September 14, 2009. The Second Reading and Final Action by Council is scheduled to take place on November 23, 2009.
Mrs. Townshend, Director of Planning and Community Development, reviewed the packet of information provided. She noted that the “Summary” describes the process that was used, explaining that in accordance with State Law, the City is required to go through and ensure that the Land Development Plan and the Comprehensive Plan are in alignment.
Mrs. Townshend advised members that the Comprehensive Rezoning proposes to rezone 283 properties citywide. Prior to the First Reading of the proposed ordinance, she stated that a public workshop was held and that notices were sent to all property owners within 200 feet of any of the 283 properties that were proposed for rezoning. In addition, legal notices were published in the Delaware State News, The News Journal, and the Dover Post. All of the materials associated with the Comprehensive Rezoning have been available at the Dover Public Library and City Hall, as well as on the City’s website. In addition to the correspondence provided in the packet, Mrs. Townshend noted the receipt of additional correspondence from Diane Murphy-Hill - 668 Artis Drive, William T. and Jacqueline Wroten - 125 Roosevelt Avenue, and Richard M. and Marsha Zuckerman - 23 Laurel Drive (Exhibit #1).
Mrs. Townshend noted that under the Summary Listing of Properties tab, there are several properties highlighted that will be a topic of discussion prior to consideration of a motion. In addition, based on additional correspondence and the sign-in sheet, there are additional properties for which a topic of discussion has been requested. She suggested that members begin consideration of Map Exhibit A, #1-#7, which involves the Calvary Baptist Church, Jireh Christian Center, and the Capital School District.
#1-#8, Exhibit Map A - Forrest Avenue: Calvary Baptist Church, Jireh Christian Center, Capital School District, and Alexa Chase
Mrs. Townshend stated that the current zoning classification for properties #1-#7, the Calvary Baptist Church, Jireh Christian Center, and the Capital School District, is R-10 and COZ-1. The proposed zoning classification is RM-2 and COZ-1. The current zoning classification for property #8, Alexa Chase, is R-10 and COZ-1 and the proposed zoning classification is RM-1 and COZ-1.
Council President Williams declared the public hearing open.
Mr. Harry Brown - 1028 Artis Drive
Mr. Brown stated that he owns 10½ acres on Artis Drive which backs up to the Church. He requested that the property not be provided a zoning designation that would allow for a higher density, explaining that the residents currently enjoy living in a rural area and wish to continue to do so. He requested that members consider the residents prior to allowing a massive development that is included in the Plan.
Mr. Guy Smith - 8 Yarmouth Way, Cranberry Run; and Ms. Elizabeth Ronston - 12 Yarmouth Way, Cranberry Run
Mr. Smith noted that the properties are currently zoned R-10, which he understands to be a single family, 10,000 square feet per lot, and that the requested zoning classification of RM-2, which is a high medium density, would allow apartments, townhouses, duplexes, and multiplexes. It was his opinion that the current road structures on Route 8 would not accommodate the higher density. He also relayed concern as to which property owners along Route 8 would be affected by relinquishing their property to make necessary improvements to the roadway.
Responding to Mr. Smith, Mrs. Townshend stated that the school proposed for Capital School District would be built under a conditional use under the current R-10 zoning classification. She explained that under the RM-2, the school would still be built under a conditional use and that there is no change in the future use of the property; however, the property would be rezoned.
Mrs. Ronston questioned why there is further consideration for allowing townhouses in an area that is already congested and the building of a townhouses, during a time when such an environment is not doing well economically in the area. She relayed support for the new school proposed for the Capital School District; however, she felt that single family homes are more of the type of environment that is desirable for the City.
Joyce Sinclair - 633 Artis Drive
Ms. Sinclair felt that the R-10 zoning classification would reduce the amount of traffic, people, and help maintain trees, wildlife, etc. She suggested that the properties be given a zoning classification that would allow for the least number of homes.
Ms. Moira Goletz- 42 Paradise Lane
Ms. Goletz concurred with the previous comments and noted that the only way out from Paradise Lane is onto Route 8. She stated that there have been many occasions, when residents have long wait times for entering onto Route 8 and that additional housing would only make this situation worse.
Ms. Maryanne Garrett - 752 Artis Drive
Ms. Garrett stated that as a result of previous public hearings, members of Council are well aware that the residents of Artis Drive are opposed to any increase in the density for the properties surrounding Artis Drive. Should the proposed zoning classification be approved for these properties, she noted that members would then be considering a new zoning classification for the golf course. In addition, she stated that the developments further west, such as Cardinal Hills and Nottinghill Farms, has resulted in additional traffic utilizing Artis Drive as a throughway from Hazlettville Road to Route 8. Ms. Garrett noted that Route 8 cannot handle the current traffic and expressed these same concerns for Hazlettville Road. She requested that members take these concerns into consideration.
Mr. William Felty - 798 Artis Drive
Mr. Felty indicated that with all the additional traffic on Route 8, there are several major issues such as the landscape business on the curve past Cranberry Run that houses tractor trailers, 10-wheelers, etc., that are pulling out and stopping traffic on Route 8. Directly across the street, there is a home that has become a “used car lot”, having cars parked to the edge of the road making it difficult to see traveling east bound on Route 8. He stated that these are just a few of the many issues along Route 8 and that additional apartments, townhouses, and other multi-living buildings would only increase the problems already being realized. Mr. Felty requested that members take these concerns into consideration and determine that a lesser density type of residence would be more appropriate.
Ms. Diane Monico - 644 Artis Drive
Responding to Ms. Monico, Mrs. Townshend noted that the Calvary Baptist Church property is adjacent to the golf course on Artis Drive. She stated that the RM-2 zoning classification is a medium density designation and would allow up to eight (8) residential units per acre.
Ms. Monico felt that the approval of the RM-2 zoning classification for the church would allow for the golf course to also obtain such a classification. Responding, Mrs. Townshend stated that the golf course property is currently zoned as low density residential. If the golf course is annexed into the City of Dover, they would be bound by a low density zoning classification.
Ms. Monico reiterated that additional traffic is not fair to the property owners of Cranberry Run, Artis Drive, or Route 8. She questioned the desire to allow more residential homes considering the number of foreclosures in Dover. She relayed opposition to the proposed zoning classification of RM-2 in this area.
Responding to Mr. Hogan, Mrs. Townshend indicated that, to her knowledge, Calvary Baptist Church wishes to build a new church on the vacant property they own and that there are no plans for apartments.
In response to Mr. McGlumphy, Mrs. Townshend explained that staff reviewed the areas where the infrastructure is available to support medium density development, which drove the land development plan map. In preparing for the comprehensive rezoning, staff reviewed the land development plan map and matched them. By virtue of the area being designated as medium density, staff considered the medium density zoning classification and, although there are medium density designations less than RM-2 (which allows up to 8 units per acre), such as RM-1 (which allows up to 6 units per acre), even R-8, which is a one family residence zone, it is consistent with the medium density residential. Therefore, she stated that there is some latitude and that Council has choices in this matter, such as to change the area to less dense medium density zoning classifications or they can keep the R-10 and, at the next public hearing, make a motion to change the comprehensive plan to designate the area as low density. Mrs. Townshend noted that Council has already made a decision for one (1) of the properties (LeAnder Lakes Apartments, previously owned by Destiny Christian Church) as medium density; however, the other properties do not have to have the same zoning classification.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. McGlumphy moved that the density be kept as R-10 for properties #1-#8, Exhibit Map A, Calvary Baptist Church, Jireh Christian Center, Capital School District, and Alexa Chase, with the exception of the property that has already been changed (LeAnder Lakes Apartments). The motion was seconded by Mr. Ruane.
Responding to Mr. Ruane, Mrs. Townshend stated that, in addition to water and sewer, the infrastructure considered by staff in formulating their recommendation included roadways. She explained that in accordance with the Route 8 Study, there are mechanisms in place that, when there are developments in the area, traffic improvements would be made which include alternative routes. She advised members that these roadway improvements would be required to be made at the time of the development.
On a call for the question by Mr. Leary, the motion that the density be kept as R-10 (and COZ-1) for properties #1-#8, Exhibit Map A, Calvary Baptist Church, Jireh Christian Center, Capital School District, and Alexa Chase, with the exception of the property that has already been changed (LeAnder Lakes Apartments) was carried by a roll call vote of six (6) yes, and three (3) no (Mr. McGiffin, Mr. Hogan, and Mr. Salters).
Since the result of the motion was against the Planning Commission’s recommendation, Council President Williams explained that each member (that voted in favor of the motion) must state their reasons.
Mr. Leary stated his reason was that he felt that the proposed density would be inconsistent with the current character of the neighborhood.
Mrs. Russell concurred with the reason provided by Mr. Leary.
Mr. McGlumphy stated that in addition to the reason provided by Mr. Leary, he also had concerns regarding the impact the proposed change would have on the infrastructure.
Mr. Slavin stated his reason was in response to the needs of citizens of that area.
Mr. Ruane stated his opinion that there are other ways to achieve medium density of a lesser nature than the RM-2 zoning classification. The RM-2 is the highest medium density designation that can be given and he relayed concerns with the traffic situation in the area.
Council President Williams stated her reason was that the traffic concerns in the area would not be resolved in the near future.
#20, Exhibit Map B - 200 Saulsbury Road: the Dover Elks Lodge
Mrs. Townshend stated that the current zoning classification for property #20, 200 Saulsbury Road - the Dover Elks Lodge, is R-8 and COZ-1. She advised members that staff recommended a zoning classification of C-2A and COZ-1; however, the Planning Commission recommended no change to the zoning classification (R-8 and COZ-1).
Council President Williams declared the public hearing open.
Mr. Mel Mahoney - 5 Pewter Court
Mr. Mahoney stated that the Elks Lodge has been and continues to be a good neighbor; however, his concern is that once a zoning classification is provided and if the Elks Lodge were to move, it would allow for various types of businesses. Due to its location and close proximity to the residential community, he requested that there be no change to the current zoning classification.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. Ruane moved for approval of the Planning Commission’s recommendation for property #20, 200 Saulsbury Road - the Dover Elks Lodge, for the property’s zoning classification to remain as R-8 and COZ-1. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Slavin absent and Mr. McGlumphy and Council President Williams abstaining).
Mr. McGlumphy and Council President Williams stated that their abstention was due to their membership with the Dover Elks Lodge.
#81, Exhibit Map B - 931 Bedford Drive: William L. Holden Estate and Others
Mrs. Townshend stated that the current zoning classification for property #81, 931 Bedford Drive - William L. Holden Estate and others, is RG-1. She advised members that staff recommended a zoning classification of CPO; however, the Planning Commission recommended no change to the zoning classification (RG-1).
Council President Williams declared the public hearing open.
William L. Holden, Jr. - 1405 Simms Wood Road and Ann Holden Thompson - 941 Bedford Drive
Mr. Holden stated that he could not understand why the CPO zoning classification was recommended for the property and questioned why a commercial property would be desired in a residential area. Responding, Mrs. Townshend stated that there were requests made for the front properties to be provided a commercial zoning classification. It was determined; however, that in order for it to be developed as commercial, it would require additional lands. Since the property at 931 Bedford Drive was contiguous to those properties, it was recommended for a commercial zoning classification.
Speaking on behalf of her brother and sisters, Mrs. Thompson stated that as a tribute to their mother and father and as heirs to the property, it was their wish that the property remain zoned as residential.
There being no one else wishing to speak, Council President Williams declared the public hearing closed.
Mr. Salters moved for approval of the Planning Commission’s recommendation for property #81, 931 Bedford Drive - Estate of William L. Holden and Others, to keep the property’s zoning classification as RG-1. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote.
#116, Exhibit Map M - 425 Webbs Lane: Sylvia Durant
Mrs. Townshend stated that the current zoning classification for property #116, 425 Webbs Lane - Sylvia Durant, is C-3. She advised members that staff recommended a zoning classification of C-1A; however, the Planning Commission recommended a zoning classification of C-2A.
Mrs. Townshend noted the receipt of correspondence from Ms. Durant requesting that the property be provided a zoning classification of C-2A, which is what is consistent with the zoning classification of the property located across the street.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Responding to Mr. Hogan, Mrs. Townshend stated that the current use of 425 Webbs Lane is a hair salon and that 423 and 419 Webbs Lane are vacant buildings. Mrs. Melson-Williams, City Planner, stated that 423 and 419 Webbs Lane were once utilized as offices for the Delaware State News.
Mrs. Townshend stated that with the exception of 423 and 419 Webbs Lane, the other properties noted on Exhibit Map M will be rezoned as C1-A in accordance with staff’s recommendation. She noted that the Planning Commission recommended a zoning classification of C2-A for 425 Webbs Lane, and C-3 for 423 and 419 Webbs Lane, based on the property owners’ requests.
Responding to Mr. Ruane, Mrs. Townshend explained that staff’s recommendation for the C1-A zoning classification was to provide for consistency. She also noted that some of the properties (#119 and #120) have residential uses and that the C1-A would make them conforming since residential is permitted in the C1-A and not in the service commercial zoning classifications. She also stated that staff’s recommendation was based on the properties being adjacent to a residential neighborhood.
City Clerk’s Office Note: Action on this item was subsequently taken at the conclusion of consideration of #117 & #118, Exhibit Map M - 423 and 419 Webbs Lane: FW Properties, LLC. Additionally, action on this item was reconsidered by members of Council following a brief recess that was taken following consideration of #140, Exhibit Map F - 50 N. DuPont Highway: Playtex Manufacturing, Inc.
#117 & #118, Exhibit Map M - 423 and 419 Webbs Lane: FW Properties, LLC
Mrs. Townshend stated that the current zoning classification for properties #117, 423 Webbs Lane, and #118, 419 Webbs Lane - FW Properties, LLC, is C-3. She advised members that staff recommended a zoning classification of C-1A; however, the Planning Commission recommended a zoning classification of C-3.
Mrs. Townshend noted the receipt of correspondence from the property owner requesting that the property be provided a zoning classification of C-3. She also noted that the property owner for #117 and #118 spoke during the Planning Commission’s public hearing and that a copy of these minutes have been provided and included in the packet for Council’s review.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Ruane moved for approval of staff’s recommendation for property #117, 423 Webbs Lane, and #118, 419 Webbs Lane - FW Properties, LLC, to be provided a zoning classification of C-1A. The motion was seconded by Mr. Hogan and carried by a roll vote of five (5) yes and four (4) no (Mr. Leary, Mrs. Russell, Mr. McGiffin, and Council President Williams). (City Clerk’s Office Note: Following consideration of #140, Exhibit Map F - 50 N. DuPont Highway: Playtex Manufacturing, Inc., members were advised that a 3/4 vote would be necessary to pass; therefore, this motion failed.)
Since the result of the motion was against the Planning Commission’s recommendation, Council President Williams explained that each member (that voted in favor of the motion) must state their reasons.
Mr. McGlumphy stated his reason was to make it consistent with the zoning of surrounding properties.
Mr. Slavin stated his reason was to allow for the property to maintain consistency with adjoining properties.
Mr. Hogan stated his reason was to allow for the property to maintain consistency with adjoining properties.
Mr. Salters stated his reason was to prevent the possibility of service stations.
Mr. Ruane stated his reason was to allow for consistency in the entire area.
Mr. Hogan moved for approval of staff’s recommendation for property #116, 425 Webbs Lane - Sylvia Durant, to be provided a zoning classification of C-1A. The motion was seconded by Mr. Ruane and carried by a roll call vote of seven (7) yes and two (2) no (Mr. Leary and Council President Williams).
Mrs. Russell stated her reason was to maintain consistency with adjoining properties.
Mr. McGlumphy stated his reason was to maintain consistency with adjoining properties.
Mr. Slavin stated his reason was to maintain consistency with adjoining properties.
Mr. McGiffin stated that he was supporting the C-1A classification since it would be consistent with properties #117 and #118, based on the previous action of Council.
Mr. Hogan stated his reason was to maintain consistency with adjoining properties.
Mr. Salters stated his reason was to maintain consistency with adjoining properties.
Mr. Ruane stated his reason was for good planning consistencies with adjacent properties.
#140, Exhibit Map F - 50 N. DuPont Highway: Playtex Manufacturing, Inc.
Mrs. Townshend stated that the current zoning classification for property #140, 50 N. DuPont Highway - Playtex Manufacturing, Inc., is IPM and SWPOZ. She advised members that staff recommended a zoning classification of C-4 and SWPOZ; however, the Planning Commission recommended a zoning classification of SC-1 and SWPOZ.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Salters moved for approval of the Planning Commission’s recommendation for property #140, 50 N. DuPont Highway - Playtex Manufacturing, Inc., to be provided a zoning classification of SC-1 and SWPOZ. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.
With reference to the previous vote taken regarding properties #117 and #118, Mrs. Townshend explained that since the property owner has submitted a written request that the property remain zoned as C-3, the City Solicitor’s Office has directed that the request be considered as a petition. In accordance with State Law, when a petition has been received, a 3/4 vote of Council is necessary to change the zoning classification.
Mr. McGiffin questioned if additional action was necessary regarding property #116, explaining that his decision for the zoning classification of property #116 was strictly due to the results of the vote for properties #117 and #118.
Mr. Slavin stated his understanding was that the action taken for properties #117 and #118 was incorrectly announced as “passed” and that it, in fact, did not since a 3/4 vote of Council was necessary. He felt that the only action necessary was for another vote to be taken for property #116 since some of the reasons for the votes of members was due to the results of the vote taken for properties #117 and #118.
Reconsideration of #116, Exhibit Map M - 425 Webbs Lane: Sylvia Durant
Mr. McGiffin moved to reconsider action for property #116, 425 Webbs Lane, seconded by Mr. Slavin.
After much discussion, Mrs. McDowell, City Clerk, requested the opportunity to review Roberts Rules of Order to determine the appropriate action required of Council.
Mr. Slavin moved for a brief recess, seconded by Mr. Hogan and unanimously carried.
Meeting Recessed at 8:25 P.M.
Mr. Hogan moved to reconvene, seconded by Mr. McGiffin and unanimously carried.
Meeting Reconvened at 8:32 P.M.
The motion to reconsider action for property #116, 425 Webbs Lane, was unanimously carried.
Mr. Leary moved for approval of the Planning Commission’s recommendation for property #116, 425 Webbs Lane - Sylvia Durant, to be provided a zoning classification of C-2A. The motion was seconded by Mrs. Russell and carried by a roll call vote of seven (7) yes and two (2) no (Mr. Hogan and Mr. Ruane).
With regards to properties #117 and #118, Mr. Hogan questioned if another motion was necessary since the original motion actually failed due to a 3/4 vote being necessary for the motion to pass. Responding, Mr. Leary stated that another motion would not be necessary unless Council felt that further action should be taken and a motion is made to reconsider.
Responding to Mr. Ruane, Mrs. Townshend advised members that the final motion of Council will be to adopt the ordinance of the Comprehensive Rezoning, which includes the map book. Based on Council’s action on the properties #117 and #118, the C-3 zoning classification will not be changed in the map book. She reiterated that, without another motion of Council, the properties would remain as currently zoned (C-3).
#271, Exhibit Map I - 911 Public Safety Boulevard: Kent County Levy Court
Mrs. Townshend stated that the current zoning classification for property #271, 911 Public Safety Boulevard - Kent County Levy Court, is R-10 and that the proposed zoning classification is IO.
Council President Williams declared the public hearing open.
Mr. Richard Zuckerman - 23 Laurel Drive
Mr. Zuckerman stated concerns regarding the additional usage under the IO zoning classification, such as firearm ranges, correctional facilities, public incinerators, and hotels and restaurants. He advised members that the property borders a single family residential area and, therefore, felt that the zoning classification should remain as R-10.
Responding to Mr. Hogan, Mrs. Townshend stated that the properties across from 911 Public Safety Boulevard are government or commercial, the properties north are commercial (C2-A), across the street is C-4 and IO, and the end of Laurel Drive is residential.
In response to Mr. Ruane, Mrs. Townshend stated that the current use is acceptable under R-10 as a conditional use. In reviewing the land use of the area, staff discovered that there is no access to the property from a residential area and, in the event that the property were developed residentially, the only access is off of Public Safety Boulevard, which has all institutional and commercial uses.
There being no one else present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved to approval the recommendations of staff and the Planning Commission for property #271, 911 Public Safety Boulevard - Kent County Levy Court, to be provided a zoning classification of IO. The motion was seconded by Mr. McGiffin and failed by a roll call vote of six (6) no and three (3) yes (Mr. Slavin, Mr. McGiffin, and Mr. Hogan).
Since the result of the motion was against the Planning Commission’s recommendation, Council President Williams explained that each member (that voted against the motion) must state their reasons.
Mr. Leary stated that his reason was due to the severe impact a change from a R-10 to IO would have on the neighboring residents.
Mrs. Russell stated her reason was the same as stated by Mr. Leary.
Mr. McGlumphy stated his reason was that he would not want to subject the residents of Laurel Drive to more intrusive uses that such a change would create.
Mr. Salters stated his reason was that it would be detrimental to the neighborhood.
Mr. Ruane stated that in addition to the reasons already stated, he felt that the R-10 would serve as a buffer to other commercial areas identified.
Council President Williams stated her reason was for fear that the IO zoning classification would lead to more problems for the residents.
#275, Exhibit Map H - 411 Cowgill Street: Paul G. and Elizabeth L. Law
Mrs. Townshend stated that the current zoning classification for property #275, 411 Cowgill Street - Paul G. and Elizabeth L. Law, is C-4 and the proposed zoning classification is RG-1. She noted that since an objection to the proposed zoning classification has been received by the property owner, a 3/4 vote of Council is necessary in order for the motion to pass.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved for approval of the recommendation of staff and the Planning Commission for property #275, 411 Cowgill Street - Paul G. and Elizabeth L. Law, to be provided a zoning classification of RG-1. The motion was seconded by Mr. Ruane and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Slavin).
#282, Exhibit Map K - 125 Roosevelt Avenue: William T. and Jacqueline Wroten
Mrs. Townshend stated that the current zoning classification for property #282, 125 Roosevelt Avenue - William T. and Jacqueline Wroten, is C-1A and the proposed zoning classification is C-1. She noted that the correspondence received from Mr. & Mrs. Wroten indicates that they would not object to the proposed zoning classification if an amendment for Primary Residence is made, noting that they reside at the property (See Exhibit #1).
Mrs. Townshend reminded members that the C-1 zoning classification is the neighborhood commercial zoning and advised members that staff plans to bring forward a zoning text amendment that would allow residential since there are a number of properties affected by this type of change. In absence of the text amendment, their use would remain legal non-conforming; therefore, it would not affect their ability to use the property as their primary residence. It was the property owner’s desire to have their concerns regarding the proposed amendment on record.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
Mr. Hogan moved for approval of the recommendation of staff and the Planning Commission for property #282, 125 Roosevelt Avenue - William T. and Jacqueline Wroten, to be provided a zoning classification of C-1. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote.
Ms. Pauline Marvis Taylor, 328 Stonebrook Place, stated her interest in the zoning classifications for Mary Street and North Kirkwood Street. Responding, Mrs. Townshend stated that property #52, 511 Mary Street, is currently zoned C-3 and IO and the recommended zoning classification is IO. This property currently serves as athletic fields for Wesley College. Properties #58, 12 N. Kirkwood Street, and #59, 8 N. Kirkwood Street, are currently zoned C-3 and the recommended zoning classification is C-1A. With regards to 217 North Kirkwood Street, Mrs. Townshend stated that the property has not been proposed to be rezoned.
City Clerk’s Office Note: Final action by Council on proposed ordinance No. 2009-22 will take place during the Council Meeting of November 23, 2009.
PUBLIC HEARING - PROPOSED ORDINANCE NO. 2009-21 - COMPREHENSIVE PLAN AMENDMENTS
A public hearing was duly advertised for this time and place to consider approval of Ordinance No. 2009-21, which would amend the 2008 Comprehensive Plan by replacing Table 12-1 Land Use and Zoning Matrix and Map 12-1: Land Development Plan. The First Reading of the proposed ordinances was accomplished during the Council Meeting of September 14, 2009. The Second Reading and Final Action by Council is scheduled to take place on November 23, 2009.
Mrs. Townshend advised members that the amendments are primarily necessary technical corrections. She noted that some of the actions taken by Council this evening regarding the Comprehensive Zoning Project 2009 would require further amendments by staff.
Responding to Mr. Ruane, Mrs. Townshend assured members that there are no controversial issues involved with the amendments and that there was no public testimony at the Planning Commission in regards to the Comprehensive Plan Amendments.
Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.
In response to Mr. Ruane, Mrs. Townshend suggested that the only motion necessary at this time would be to uphold the recommendations of the Planning Commission and to add properties #1-#8 for a change from medium to low density.
Mr. Ruane moved for approval of the Planning Commission’s recommendation for adoption of the Comprehensive Plan Amendments and to add properties #1-#8 to change them from medium to low density. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
City Clerk’s Office Note: Final action by Council on proposed ordinance No. 2009-21 will take place during the Council Meeting of November 23, 2009.
Mrs. Russell moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 9:02 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of November 2, 2009, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
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Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Correspondence from Diane Murphy-Hill - 668 Artis Drive, William T. and Jacqueline Wroten - 125 Roosevelt Avenue, and Richard M. and Marsha Zuckerman - 23 Laurel Drive