REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 12, 2007 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mrs. Russell, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. McGlumphy was absent.

Council staff members present were Police Chief Horvath, Mrs. Mitchell, Mr. Capuano, Mrs. Townshend, Deputy Fire Chief Carey, Mr. DePrima, Deputy City Solicitor Pepper, Mrs. McDowell, and Mayor Speed.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

There was no one present wishing to speak during the Open Forum.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried.

Council President Williams requested that items #9A and #9B, Annual Reports of the Fire Department and the Department of Planning and Inspections, be placed on the consent agenda.

Mr. Ruane requested that item #5D, Update - Options to Address Regulation 1146 Emission Control Requirements at McKee Run 3 Electric Generation Station (Utility Committee Report), be removed from the Consent Agenda.

Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. McGlumphy absent).

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 26, 2007

The Minutes of the Regular Council Meeting of February 26, 2007 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.

PRESENTATION - CERTIFICATE OF CONGRATULATIONS - MARGE AND TED RESSLER - THE AMERICAN ASSOCIATION OF COMMUNITY THEATRE (ACT) - ROBERT E. GARD SUPERIOR VOLUNTEER AWARD

The City Clerk read the following Certificate of Congratulations into the record:

WHEREAS, Marge and Ted Ressler have given freely of their time, experience and energy to bring their love for theatre to the children of their community; and

WHEREAS, Marge Ressler has volunteered her services at the Kent County Theatre Guild for 40 years and Ted has volunteered for 29 years; and

WHEREAS, Marge and Ted Ressler have served as board members for the Delaware Theatre Association for over 25 years and the Eastern States Theatre Association for 5 years; and

WHEREAS, in 1995 with the assistance of other interested parties, Marge and Ted Ressler co-founded The Children's Theatre with sponsorship from Wesley College; and

WHEREAS, Marge and Ted Ressler were recently awarded the Robert E. Gard Superior Volunteer Award by the American Association of Community Theatres (ACT).

NOW THEREFORE I, Stephen R. Speed, Mayor of the City of Dover, Delaware do hereby present this Certificate of Congratulations on this 12th day of March, 2007 to MARGE AND TED RESSLER for their many years of faithful service to the community and children's theatre; and for their dedication to the community.

Mayor Speed presented the Certificate to Mr. and Mrs. Ressler and advised members that the Robert E. Gard Superior Volunteer Award is a National Award. He stated that the award recognizes the lifetime of dedicated service that both Marge and Ted Ressler have given to the arts and to the children of our community and congratulated them on behalf of the City of Dover.

Mr. and Mrs. Ressler thanked the City of Dover for the recognition.

PROCLAMATION - EMPLOYEE APPRECIATION DAY

The City Clerk read the following Proclamation into the record:

WHEREAS, year after year City of Dover employees continue to work hard for our community and our citizens; and

WHEREAS, all employees of the City of Dover strive daily to promote Community Excellence Through Quality Service; and

WHEREAS, due to the teamwork and the commitment of our employees, the citizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and

WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day-to-day operations of the City of Dover; and its success is due largely to the pride and efforts of its employees.

NOW, THEREFORE, I, Stephen R. Speed, Mayor, of the City of Dover, do hereby proclaim Friday, March 16, 2007 EMPLOYEE APPRECIATION DAY in the City of Dover and recognize the dedication and hard work of all City of Dover employees, and request that all citizens take a moment to thank a City of Dover employee for their outstanding service to our community.

PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM INSTITUTIONAL TO COMMERCIAL ON THAT PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF COLLEGE ROAD AND NORTH DUPONT HIGHWAY (US ROUTE 13), OWNED BY THE STATE OF DELAWARE

A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend Land Development Map 11-1 by changing the land use type from Institutional to Commercial on that property located at the southwest corner of the intersection of College Road and North Dupont Highway (US Route 13), owned by the State of Delaware.

Mr. Carey moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007)

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #1). She advised members that the property consists of 17.85 acres located at 1200 N. DuPont Highway and that the amendment is being requested by Delaware State University. The subject parcels are currently zoned IO (Institutional and Office) and are depicted on the Land Development Plan map as Institutional. The applicant is requesting a change in the land use designation from Institutional to Commercial; however, Mrs. Townshend stated that there is no request for a zoning change at this time. She stated that if the Comprehensive Plan amendment is approved, the University intends to submit a rezoning application with a plan to have a shopping center on the site that would serve the needs of both the campus and the community.

Mrs. Townshend noted that the Division of Historical and Cultural Affairs (DHCA) has indicated their opposition to the amendment due to the Delaware Agricultural Museum being located on this same parcel. It is their feeling that the proposed use would introduce adverse visual and noise intrusions on the Village area, which is currently screened from surrounding commercial and institutional uses by the Museum building, landscaping, and the existing agricultural field. If approved, Mrs. Townshend stated that the DHCA has requested that the development be sited to the northwestern end of this parcel and include a wide, heavily landscaped buffer area between the two (2) uses.

Mrs. Townshend stated that another issue to consider during the property’s development is that a portion of the parcel is located in an excellent ground-water recharge area, which has been identified by the Department of Natural Resources and Environmental Control (DNREC) and the Delaware Geological Survey. She advised members that the City is in the process of developing ordinances for the recharge area and assured members that an ordinance should be enacted when the development plan is presented to the City for consideration. Mrs. Townshend advised members that these issues will be addressed during the development phase of the project.

Correspondence

Council President Williams reminded members of correspondence received from Mr. Steve Artz, 42 Hiawatha Lane, questioning and requesting reassurance that the State is making the best use of its assets and does not compete against private businesses supported by their tax dollars.

Responding to Mr. Ruane, Mrs. Townsend felt confident that the concerns of the Agricultural Museum could be overcome through the design process. With regards to the well-head and recharge area protection concerns of DNREC, she anticipates ordinance amendments being submitted to the Planning Commission in May/June of 2007. Mrs. Townshend explained that if and when the Comprehensive Plan amendment is approved, the applicant would have to go through a rezoning process before they are eligible for a site plan. Therefore, she reiterated confidence that the well-head and recharge area protection concerns will be addressed during the site development plan stage.

Under the current plan designation (Institutional) and zoning classification (IO), Mr. Ruane questioned if activities such as a student bookstore would be permitted. Responding, Mrs. Townshend stated that such uses would be permitted if they were affiliated with the University. She stated that the plan would include uses that are more regional, explaining that the plan is to have a bookstore to serve regional customers, as well as students, and include restaurants and shops that would serve the student community and residents of the area. Mrs. Townshend advised members that the plan proposed by the University is not consistent with the IO zoning classification; however, a bookstore and student center would be acceptable in the IO zoning classification.

Responding to Mr. McGiffin, Mr. Capuano indicated that the proposed use would generate several million dollars in property taxes. Mrs. Townshend explained that the proposal would include for-profit businesses on the property rather than being for the typical university uses.

Mr. Hogan noted that the property is owned by the State of Delaware and questioned the City’s ability to collect property taxes from a business that does not own the land. Mr. Capuano stated that the businesses will be required to pay property taxes, explaining that there already is a precedent in other classifications of property within the City. Mr. Hogan also questioned if Delaware State University will be required to pay property taxes since they would be producing profit. Mr. Capuano indicated that further research would be necessary to determine if the University will be subject to property taxes if the land is used for-profit.

Council President Williams declared the public hearing open.

Mr. Gregg Moore of Becker Morgan Group was present representing Delaware State University. He clarified that the entire property consists of a 20 acre parcel that extends between College Avenue and the Agricultural Museum and that only 17.85 acres is included in the request. The Agricultural Museum is located on property owned by Delaware State University with a long-term lease to the Agricultural Museum for this portion of the property. He advised members that there has been outreach and discussions between representatives of Delaware State University and the Agricultural Museum. Mr. Moore explained that the University is attempting to co-join with Barnes & Noble, which is occurring throughout the United States with Universities, by contacting national vendors to improve their services of food, books, etc. and at the same time, making them available to the public. Delaware State University’s intent is to create long-term leases for these users; it is not their intent or desire to sell any of the property to the vendors. They will create lease parcels, retain the property, and use the lease money for improvements on the campus or other educational facility improvements due to strains of funding from other State agencies and sources.

Questioning the urgency, Mr. Ruane noted that the City’s Review of the Comprehensive Plan is approaching. Mr. Moore explained that there were previous discussions regarding the use of the property for some form of a sports facility. The campus has been evaluated through a master planning process, which is currently underway, and this parcel does not play into any facilities for students in terms of new buildings or educational purposes. Such facilities are actually being planned for the northern side of the University, and as a result, this parcel is no longer part of the teaching program facilities of the University. In addition, Mr. Moore stated that Barnes & Noble is the main suitor that has been approached for the co-joining of the bookstore due to their strengths. It is a good time, according to the current market, for Barnes & Noble to come to Dover and the University does not want to lose the opportunity to obtain a quality tenant, both for long-term purposes and the benefit to the students of the University and the community.

Responding to Mr. Ruane, Mr. Moore confirmed that if the Comprehensive Plan amendment is approved, rezoning would be necessary, which would require a traffic study, a drainage plan (to address the DNREC issues with the recharge area), a market analysis (to prove the site and the facilities being pursued are viable), etc. There is a lot of work still to accomplish, which is why the University has begun the process.

In response to Mr. Hogan, Mr. Moore stated that the issue of pedestrian traffic was raised by the Department of Transportation and the possibility of installing an overhead bridge or a tunnel across the roadway or some other crosswalk capabilities has been suggested. It was his feeling that whether the property is used as an educational facility or retail establishment, pedestrian traffic will be an issue. The vision is that the Barnes & Noble would be located on the far south side, closest to the Agricultural Museum, and a promenade will be created from the University to Barnes & Noble, with a coffee shop, such as a Starbucks, with a plaza between with the view of Silver Lake, as well as other dining ideas.

There being no one else wishing to speak, Council President Williams declared the hearing closed.

Regarding property owned by the University that is leased to commercial businesses, Mr. Hogan requested confirmation if they in any way accrue a taxable liability to the City of Dover. Responding, Mr. Capuano stated that if a business does not have a 501-C-3 certification from the IRS, they will be taxed by the City of Dover. He assured members that this precedent has been set with several businesses and that it makes no difference that the property is owned by the State of Delaware. As an example, Mr. Capuano noted that there are cell towers on the State Police tower and cell towers on water tanks owned by the City that are taxed.

Mr. Salters moved for adoption of the ordinance amendment as recommended by the Planning Commission, seconded by Mr. Carey.

Mr. Ruane stated that the City will be updating the Comprehensive Plan in the very near future and there will be a greater public interest and citizen participation in the amendments. He felt that until the City has adopted an applicable ordinance to protect the Well-head, the requested action for this property should not be considered. He also felt that the urgency expressed would not impair their plans and relayed reservations for this property being designated as commercial for purposes other than a bookstore, cautioning members that if the bookstore falls through, any type of commercial establishment could be considered for this site.

The motion to adopt the following ordinance was carried by a roll call vote of six (6) yes, one (1) no (Mr. Ruane), one (1) abstention (Mr. Slavin due to his employment as Director of the Division of Historical and Cultural Affairs with the State of Delaware), and one (1) absent (Mr. McGlumphy):

AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND DEVELOPMENT PLAN DESIGNATION FROM INSTITUTIONAL TO COMMERCIAL ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NORTH DUPONT HIGHWAY (U.S. ROUTE 13) AND COLLEGE ROAD

WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 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 Institutional to Commercial.

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 Land Development Plan Map of the City of Dover has been amended by changing the land development plan designation from Institutional to Commercial on that property located at the southwest corner of North DuPont Highway (U.S. Route 13) and College Road, owned by the State of Delaware.

ADOPTED:    MARCH 12, 2007

PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY ON THAT PROPERTY LOCATED EAST OF SOUTH BAY ROAD AND EAST OF THE BLUE HEN CORPORATE CENTER, OWNED BY BLUE HEN CC, LLC (SEE AGENDA ITEM #4B - REZONING FROM SC-3 TO RM-2)

A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend the Land Development Map 11-1 by changing the land use type from Commercial to Residential Medium Density on that property located east of South Bay Road and east of the Blue Hen Corporate Center, owned by Blue Hen CC, LLC. (City Clerk’s Office Note: See Agenda Item #4B, Rezoning Request from SC-3 to RM-2).

Council President Williams noted that there is an associated rezoning from SC-3 to RM-2 which will be addressed with Item #4B and the receipt of a request to postpone the application. Staff recommended acceptance of the request to postpone and that the matter be referred to the Planning Commission on March 19, 2007 and that a public hearing be set for Monday, April 9, 2007 at 7:30 p.m.

Mr. Ruane moved to accept the request to postpone, feeling that the reasons stated by the applicant are justifiable for postponement, and that the matter be referred to the Planning Commission on March 19, 2007 and that a public hearing be set for April 9, 2007 at 7:30 p.m. The motion was seconded by Mr. Salters and unanimously carried.

PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND USE TYPE FROM RESIDENTIAL LOW DENSITY TO COMMERCIAL ON THAT PROPERTY LOCATED AT 110, 120, AND 132 WYOMING AVENUE (THE SOUTH SIDE OF WYOMING AVENUE BETWEEN GOVERNORS AVENUE AND BRADFORD STREET), OWNED BY ROBERT W. KIDD, III, D.M.D. AND JANET M. KIDD (SEE AGENDA ITEM #4C - REZONING FROM R-15 TO C-PO)

A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend the Land Development Map 11-1 by changing the land use type from Residential Low Density to Commercial on that property located at 110, 120, and 132 Wyoming Avenue (south side of Wyoming Avenue between Governors Avenue and Bradford Street), owned by Robert W. Kidd, III, D.M.D. and Janet M. Kidd. (City Clerk’s Office Note: See Agenda Item #4C, Rezoning Request from R-15 to C-PO).

Mr. Carey moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (the First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #2). She advised members that the subject parcels are located on the south side of Wyoming Avenue, between Governors Avenue and Bradford Street and are currently zoned R-15 (One Family Residence) and are depicted on the Land Development Plan map as Residential Low Density. She stated that the applicant requested a change in the land use designation from Residential Low Density to Commercial and has submitted an application to rezone the property to C-PO (Commercial Professional Office), which will be considered later in the meeting (Item #4C). Mrs. Townshend noted that the Planning Commission recommended approval of amending the Land Development Plan Map designation from Residential Low Density to Office and Office Parks (and amending the zoning classification from R-15 to C-PO). Although the requested Commercial designation was not recommended, Mrs. Townshend stated that the Office and Office Parks designation is more restrictive than the Commercial designation; however, it will allow the applicant to attain the requested zoning classification of C-PO.

Members were provided a slide presentation which depicted the properties involved, as well as surrounding properties.

Responding to Mr. Ruane, Mrs. Townshend confirmed that the properties located across the street from the subject properties are residential, consisting of four (4) homes. She stated that although the entire length of Wyoming Avenue is dominated by single family homes, when reviewing these types of requests, staff primarily considers contiguous properties. She explained that on Wyoming Avenue, between State Street and Governors Avenue, especially on the south side, the properties are very much commercial in nature.

Correspondence

Council President Williams reminded members of correspondence received from Mr. Toni Gillis, 1086 S. Bradford Street, relaying concerns with the decrease in residential properties in the area around his property and in the property value of his home.

Council President Williams declared the public hearing open.

Mr. Gregg Moore of Becker Morgan Group was present representing Dr. Kidd and explained that in his professional opinion, this is an excellent property for commercial uses and would not be good for residential uses due to it being surrounded by existing commercial establishments with many different functions.

Responding to Mr. Ruane, Mr. Moore explained that although the properties across Wyoming Avenue are residential, the street itself is considered a barrier since it provides separation of the properties. He noted that the Solid Waste Authority building, which is one of the larger offices in the downtown core, is a very imposing building and as a result, felt that building homes to the rear of this facility would not be appropriate. Mr. Moore concurred that after crossing Bradford Street, Wyoming Avenue is definitely a more mature residential area.

There being no one else wishing to speak, Council President Williams declared the hearing closed.

Mr. Carey moved for adoption of the ordinance as recommended by the Planning Commission, seconded by Mr. Salters.

Mr. Ruane expressed his opposition and reminded members that when a rezoning request was considered in 1998, it was indicated that Wyoming Avenue is dominated by single family homes and that approval of the request would encourage encroachment of a commercial nature. He also noted that the home most affected by the request is directly across the street from the properties and up Bradford Street. He also reminded members that it has been a long standing practice of this Council of not rezoning any more residential properties in the area of State Street, Bradford Street, and Governors Avenue, which generally was the result of the continued expansion of medical offices from both Kent General Hospital and private practitioners.

Since members of Council must have good reasoning in order to vote against the Planning Commission’s recommendation, Mr. Hogan indicated that although he does not have a good reason to justify voting against the recommendation, he has great concerns. One of which is the same concerns relayed by Mr. Ruane regarding the residential properties located across Wyoming Avenue. The other concern is the action of the property owner removing the trees on the properties. Mr. Hogan suggested that if the City does not have an ordinance that would prohibit such action, then one should be considered. He stated that the trees were removed and what once appeared to be a beautiful lot has been gutted to make it appear barren and it has become an eyesore. He stated that his vote in favor of the amendment will be done reluctantly and, although he is not happy, he does not feel he has justifiable reasons to vote against the Planning Commission.

Responding to Mr. Carey, Mrs. Townshend stated that, to her recollection, a couple of the residential properties on the north side of Wyoming Avenue, across from these properties, are renter occupied. Concurring, Mr. Carey stated that it is his understanding that a couple of the residential properties have been purchased by an individual that has a business and that some time in the future they will be submitting a request to change the use of these properties.

Mr. Ruane noted that the residents in the neighborhood are concerned that if these properties are changed to a commercial designation, the business property owner that has been acquiring the residential properties across Wyoming Avenue will then have justification for having the properties reclassified as commercial.

The motion to approve amending the Land Development Plan Map designation from Residential Low Density to Office and Office Parks for property located at 110, 120, and 132 Wyoming Avenue, as recommended by the Planning Commission, was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ruane), and one (1) absent (Mr. McGlumphy), and Council adopted the following ordinance:

AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING LAND DEVELOPMENT MAP 11-1 BY CHANGING THE LAND DEVELOPMENT PLAN DESIGNATION FROM RESIDENTIAL LOW DENSITY TO OFFICE AND OFFICE PARKS ON PROPERTY LOCATED AT 110, 120, AND 132 WYOMING AVENUE (THE SOUTH SIDE OF WYOMING AVENUE BETWEEN GOVERNORS AVENUE AND BRADFORD STREET)

WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 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 Institutional to Commercial.

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 Land Development Plan Map of the City of Dover has been amended by changing the Land Development Plan Designation from Residential Low Density to Office and Office Parks on that property located at 110, 120, and 132 Wyoming Avenue, owned by Robert W. Kidd, III, D.M.D and Janet M. Kidd.

ADOPTED:    MARCH 12, 2007

PUBLIC HEARING/FINAL READING - PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005 AND SEPTEMBER 2006, BY AMENDING GROWTH AND ANNEXATION MAP 12-1 BY CHANGING THE ANNEXATION CATEGORY DESIGNATION FROM CATEGORY 3 - LANDS EVALUATED FOR ANNEXATION TO CATEGORY 2 - LANDS DESIRABLE FOR ANNEXATION ON THAT PROPERTY LOCATED ON THE EAST SIDE OF ARTIS DRIVE, OWNED BY J. RICHARD JONES AND JOAN MEAD JONES

A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005 and September 2006, which would amend the Growth and Annexation Map 12-1 by changing the Annexation Category Designation from Category 3 - Lands Evaluated for Annexation to Category 2 - Lands Desirable for Annexation on that property located on the east side of Artis Drive, owned by J. Richard Jones and Joan Mead Jones.

Mr. Carey moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried (the First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the Growth and Annexation Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #3). She advised members that the property is located on the east side of Artis Drive (924 Artis Drive), consisting of 41.3^+/- acres, which is currently used as a golf course and driving range. The subject parcel is currently located within the Category 3 - Lands to be Evaluated for Annexation designation of the Comprehensive Plan. Mrs. Townshend stated that the applicant is requesting that the property be amended to reflect Category 2 - Lands desirable for Annexation. If added to Category 2, she advised members that the lands would be designated as Residential and a residential zoning classification would be applied. The subject parcel is contiguous to the City of Dover, since the annexation of the Calvary Baptist Church property on Forrest Avenue in January 2007.

The Planning Commission recommended approval of the proposed change of the Lands of Jones at 924 Artis Drive from Category 3 - Lands Evaluated for Annexation to Category 2 - Lands Desirable for Annexation (Residential). Mrs. Townshend stated that there were several people who spoke in opposition during the public hearing held by the Planning Commission. She emphasized that the request is only for the Par 3 Golf Course and Driving Range; the other outlined parcels on Artis Drive would continue to be Category 3 lands. She also emphasized that the request is not an annexation application and that approval of the request will only amend the Comprehensive Plan. If the Comprehensive Plan is amended, the applicant could then apply to the City for annexation. To alleviate some concerns raised by residents of Artis Drive, Mrs. Townshend explained that the City’s policy on annexation has been to only annex those property owners who wish to be annexed. To alleviate another concern raised during the Planning Commission’s public hearing, she stated that if parcels are annexed into the City and if there is a functioning septic system on a parcel, neither the City nor the State will require abandonment of that system until such time that it fails. If the system should fail and the property has been annexed and sewer is available, at that point, the property owner would be required to hook into the City’s sewer.

At the request of Mr. Ruane, Mrs. Townshend briefly reviewed the State of Delaware’s Preliminary Land Use Service (PLUS) comments, which were received after the Planning Commission’s recommendation (as included in Exhibit #3). Responding to Mr. Ruane, Mrs. Townshend concurred that it would be ideal to review these types of issues during the five-year intervals when the City’s update to the Comprehensive Plan is being accomplished; however, she reminded members that there is a policy within the Planning Department which allows two (2) opportunities during the calendar year for landowners to apply for Comprehensive Plan amendments. Having the same concerns as several other members of Council, as relayed during the First Reading of the amendments, Mrs. Townshend reminded members that no more comprehensive plan updates will be considered until the City’s 2008 Comprehensive Update. She also assured members that the 2008 Update will be specific in terms of when and how revisions to the Plan will be accepted, agreeing that piecemeal updates to the plan are not ideal, proactive planning.

Responding to Mr. Ruane, Mrs. Townshend noted that the property is currently located within a Category 3 area, and that the City has utility infrastructure available. It is her belief that neither the City nor the State anticipated that property through to Artis Drive would be annexed into the City within the five-year time frame. Since the annexation of the Carey Farm, and both the Destiny Christian and Calvary Baptist Churches, City limits extend to property on Artis Drive. Given these circumstances, Mrs. Townshend stated that even with the comments received from the PLUS, she supports the requested amendment, although ideally she would prefer to wait for it to be accomplished during the City’s 2008 Update.

Council President Williams declared the public hearing open.

Mr. Paul Jones, 180 Merion Road, advised members that he is a licensed professional engineer and was present on behalf of the owners. In response to some of the concerns that were raised during the Planning Commission’s public hearing, he assured members that there is only one parcel affected by the application. Many of the objections were concerns about what would happen if those other parcels were annexed. As indicated in the Office of State Planning Coordination comments submitted, Mr. Jones stated that in 2005, the City’s Comprehensive Plan was amended to reclassify a number of properties along Route 8 from Category 3 to Category 2 and that the parcel in question is adjacent to these lands. Further, he indicated that it is stated that “Our office understands that the City is continuing to evaluate potential annexations in this area. Please keep the history and background described above in mind as you consider our comments”.

In regards to the recommendation that the City review the land development plan for this area during the City’s 2008 Comprehensive Plan Review, Mr. Jones stated that it is evident that no one else in the area wishes to be annexed; therefore, there would be no need to review the area for planning land development and no need to delay the amendment until 2008. He stated that if action was delayed until the City’s 2008 Comprehensive Plan Review, he felt sure that the property would then become Category 2 lands at that time.

Mr. Jones advised members that there are no specific plans for the property since the owners did not want to risk investing any money in land planning until they knew the results of the request to amend the Comprehensive Plan.

Mr. Raymond Blondin, 878 Artis Drive, stated that he was speaking on behalf of 78 residents of Artis Drive. He asked those residents who were in attendance and opposed to the request to stand (City Clerk’s Office Note: Approximately 20 people stood). He advised members that the owners have indicated their intentions to develop the property to the maximum capacity permitted. Since the review of the lands is already scheduled for the City’s 2008 Comprehensive Plan Review, he felt that it would be premature to look at changes at this time. Mr. Blondin urged members to deny the request because the residents of Artis Drive are strongly opposed to the reclassification of the property, disservice to the current residents and tax payers of the City, and very premature to consider reclassifying this property. He reminded members that the effect of the recent annexation of the Carey Farm and churches is unknown and of the many other developments in this concentrated area. Referring to the recent Cannon Mills development, Mr. Blondin noted that when there is heavy rain, although there is a retention pond, the water overflows into the roadway, causing dangerous driving conditions. He explained that there is an unknown factor of what the eventual and final impact will be once these properties are fully developed.

Ms. Elizabeth Emerson, 245 Artis Drive, stated that the Dover Par 3 Golf Course falls within the headwaters of the St. Jones River Tributary, which is a part of the Delaware Basin Watershed area. According to DNREC (Whole Basin Team document entitled Urban Stormwater Runoff), “introducing impervious surfaces to landscape can substantially impact receiving streams and water bodies by increasing both stormwater runoff and its associated pollutants. Studies indicate a direct relationship between the amount of imperviousness in a given watershed and the degree of degradation. The increase of nitrogen and phosphorous in the water runoff can lead to fish kills”. She stated that “once a development reaches 40%-50% impervious coverage range, nutrient loomings often exceed background levels despite even the most effective best management practices. In a conventional medium density residential development, with traditional stormwater best management practices in place, as much as eight (8) times more nutrients can be loaded into watershed when it replaces a mixed forest and meadowlands”. Ms. Emerson questioned if this is what members wished to leave for our children - a legacy of polluted waters because of over development at the headwaters of some of our vital waterways. She advised members that she, as well as many of her neighbors, already have problems with standing water on their property, even before more impervious ground cover is added. It was her opinion that allowing the property to be considered for annexation to allow for development would only increase the amount of impervious groundcover. Increasing the standing water problems already in this area, aid in the polluting of the Delaware Bay basin, and degrading the water supply - these are not issues that should be passed onto future generations. She questioned the City’s projected buildup scenario, how many parcels have already been approved for development and how many have yet to be developed. With the current market slowdown, she also questioned if the annexation is necessary for another development and worth the potential environmental, community, and traffic load impact.

Ms. Diane Monaco, 644 Artis Drive, advised members that there traffic issues on Artis Drive that have been created by the new developments in the area. She requested clarification on why those who have loans through DNREC would not be required to tie-in to the City’s sewer.

Responding, Mrs. Townshend stated that she is not able to speak regarding any conditions on loans; however, it is not the policy of the City to require property owners to tie-into the sewer system unless their current septic system fails. She further explained that, any loan agreement with DNREC would be a different issue.

Ms. Monaco advised members that she has a loan in the amount of $20,000 for a new septic system and well. According to the regulation, DNREC requires the property owner to abandon their septic system and connect to a central sewer system if the system becomes available in the area. If you connect to the central sewer system, property owners will be required to fulfill the septic loan obligation. On the permit from DNREC, she advised members that it stipulates that the property owner shall connect to the county or municipal sewer system if and when such services become available. Connection shall be in accordance with the county or municipal rules and regulations. The permit becomes void unless the GWDS approves continued operations. Ms. Monaco stated that she contacted the City and the County before the loan was made and, in 2002, she was advised that there were no plans for the city to run sewer up Artis Drive. In response to the statement that the annexation would only affect the Par 3 Golf Course, she stated that it is not true. If the sewer is installed up Artis Drive, it will affect all property owners.

Council President Williams advised Ms. Monaco that she received a call from Representative Wagner and contacted the City Planner and assured property owners that the City of Dover will not require them to connect to the City sewer system. Responding to Ms. Monaco, Council President Williams indicated that there will be no tie-in fees from the City if and when the sewer system is installed.

Mr. Wes Johnson, 514 Artis Drive, advised members of current traffic problems along Artis Drive, particularly at the intersection of Artis Drive and Route 8, and that there are no plans for improvements at this time. He felt that increasing the density of the property will only place a greater burden on the traffic along Artis Drive and the intersection of Route 8. He suggested that thought be given to gauging the development of the site in coordination with improvements to the intersection. Mr. Johnson noted the many serious accidents at this intersection, which will only get worse with an increase in traffic. Minimally, he suggested that if the property is annexed, serious consideration be given to scaling back on the development of the site until improvements are made to the roadway and intersection.

Ms. Marianne Garrett, 752 Artis Drive, requested that members not only consider the impact of the property owners of Artis Drive, but also the community. She advised members that there are many users of the Golf Course, particularly new players who may not feel comfortable playing on a regular golf course. She also noted that, in addition to being tremendous for those just beginning to learn to play golf, it is used by many families with children. Ms. Garrett advised members that there are also batting cages located on the Golf Course and many come to tune their skills. She also noted that the Golf Course offers summer camps for children. For these reasons, she stated that the annexation will not only affect the neighborhood but will affect the entire community, and she requested that members take this into consideration when making their decision.

There being no one else wishing to speak, Council President Williams declared the hearing closed.

Mr. Hogan moved to deny amending the Annexation Category Designation from Category 3 - Lands Evaluated for Annexation to Category 2 - Lands Desirable for Annexation on that property located on the east side of Artis Drive, owned by J. Richard Jones and Joan Mead Jones. The motion was seconded by Mr. Ruane.

Deputy City Solicitor Pepper advised members that those who vote in favor of the motion, if carried, will be required to state their reasons since the motion is not accepting the recommendation of the Planning Commission.

Clarifying the motion, Council President Williams stated that members who vote in favor will be denying the request for amendment.

On a call for the question, the motion to deny the request to change the Annexation Category from Category 3 to Category 2, on that property located on the east side of Artis Drive, was carried by a roll call vote of seven (7) yes, one abstention (Mr. Slavin due to his employment as Director of Division of Historical and Cultural Affairs with the State of Delaware), and one (1) absent (Mr. McGlumphy).

Mr. Hogan explained that the request is not for annexation of the property and that no one is annexed into the City of Dover without the approval of the property owner. It was his feeling that if the property were to be annexed, it would create more enclaves and problems for the City. He also does not like the idea of changing the category designation for one (1) property, explaining that the Categories are provided in the Comprehensive Plan for long-range planning and that this request is more of a piecemeal change.

In addition to the same concerns relayed by Mr. Hogan, Mr. Ruane stated that he is also opposed to the change since it has not been coordinated with Kent County and the City pledged in the Annexation Plan to coordinate with Kent County. He also did not feel that there was any benefit to consider this now versus six months from now when the City will begin updating the Comprehensive Plan.

Mr. Carey and Mrs. Russell stated that their vote was based on the reasons stated by Mr. Hogan and Mr. Ruane.

Mr. McGiffin stated that his vote was based on the reasons stated by Mr. Hogan.

Mr. Salters stated his vote was based on the reasons stated by Mr. Ruane.

Council President Williams stated that her vote was based on the recommendations submitted by the State of Delaware.

PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF CLARENCE STREET AND SLAUGHTER STREET, OWNED BY DOVER STATION, LLC

A public hearing was duly advertised for this time and place to consider rezoning of property located northeast of the intersection of Clarence Street and Slaughter Street, owned by Dover Station, LLC. The property is currently zoned RG-1 (General Residence) and the proposed zoning is IO (Institutional and Office).

Mr. Carey moved that the final reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Salters and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of January 22, 2007).

Planner's Review

Mrs. Townshend, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #4).

Public Hearing

Council President Williams declared the public hearing open.

Mr. Dominic Balacio, 50 Albee Drive, Newark, advised members that he is the developer for the site and was present to answer any questions members may have regarding the request.

Responding to Mr. Salters, Mr. Balacio noted that there was an error on the report and that the property consists of .444 acres.

There being no one else wishing to speak, Council President Williams declared the hearing closed.

Mr. Carey moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Salters and by a unanimous roll call vote (Mr. McGlumphy absent), Council adopted the following ordinance:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF CLARENCE STREET AND SLAUGHTER STREET.

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 RG-1 (General Residence) to IO (Institutional and Office).

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: