REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 9, 2002 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Ms. Melson, Mrs. Green, and City Solicitor Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Carey 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 Councilman Salters, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Speed moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL WORKSHOP OF NOVEMBER 4, 2002
The Minutes of the Special Council Workshop of November 4, 2002 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Speed and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - SPECIAL COUNCIL WORKSHOP OF NOVEMBER 18, 2002
The Minutes of the Special Council Workshop of November18, 2002 were unanimously approved by motion of Mr. Truitt, seconded by Mrs. Williams and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 25, 2002
The Minutes of the Regular Council Meeting of November 25, 2002 were unanimously approved by motion of Mrs. Williams, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.
PRESENTATION - RICHARD L. KRUEGER - SERVICE ON THE DOVER PUBLIC LIBRARY COMMISSION (JULY 1994 - JUNE 2002)
On behalf of members of Council, Mayor Hutchison presented Mr. Krueger with a Dover Cup in recognition of his many years of service on the Dover Public Library Commission.
Mr. Krueger stated that after serving seven (7) years, it was his feeling that new membership may prove beneficial for the commission. He relayed his appreciation for the recognition and best wishes to the commission in their future endeavors.
PRESENTATION - MAYOR’S PRAYER BREAKFAST CONTRIBUTION - SALVATION ARMY
The Ninth Annual Prayer Breakfast for Mayor Hutchison was held on September 26, 2002. Each year, Mayor Hutchison donates proceeds from the event to an organization of his choice. Mayor Hutchison presented the proceeds of the 2002 Mayor’s Prayer Breakfast, in the amount of $1,000, to Captain Lavenbein, representative of the Salvation Army. Captain Lavenbein thanked the Mayor, the City, the community, and volunteers for supporting the Salvation Army in its efforts.
Mayor Hutchison also presented a Dover Cup to Ms. Henrietta Dumas, who has played the piano for the Mayor’s Prayer Breakfast since its inception, and Ms. Marva Thomas, who has been called upon to participate in the program several years.
NEW CITY WEBSITE - INFORMATION TECHNOLOGY DEPARTMENT
Mr. DePrima, City Manager, reminded members that a priority of Council was to enhance the City’s Website and become more involved in providing e-government services and improve communications with the public. Mr. Callan, Information Technology Director, gave a brief overview and demonstrated the City’s new Website. He introduced Mr. Wayne Steagall of the IT Department, who played a major role in developing the new site, which is currently available at a “beta” site for viewing in draft form. He requested that members view the site at their leisure and provide suggestions. Mr. Callan noted the various enhancements and additions and advised members that the new Website will become effective January 1, 2003. He assured members that enhancements will continue to be made to the site and that within one (1) year, items such as business license applications should be made available through the site.
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 1132 SOUTH LITTLE CREEK ROAD, OWNED BY CHESTER L. AND JOYCELYN C. WALLACK
A public hearing was duly advertised for this time and place to consider rezoning of property located at 1132 South Little Creek Road, owned by Chester L. and Joycelyn C. Wallack. The property is currently zoned M (Manufacturing) and the proposed zoning is C-3 (Service Commercial).
Planner's Review
Ms. Melson, Interim City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 1).
Public Hearing
Council President Carey declared the hearing open.
Mr. Clark Carbaugh, 17 Tallowick Lane, representing Carbaugh Property Management LLC, stated that as the purchasers of the property, it was their intent to use the property for offices and will maintain the older home on the property for commercial use.
Council President Carey declared the hearing closed.
Mr. Speed moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Williams and by a unanimous roll call vote, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of October 28, 2002.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1132 SOUTH LITTLE CREEK ROAD
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 M (Manufacturing) to C-3 (Service Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from M (Manufacturing) to C-3 (Service Commercial) on that property located at 1132 South Little Creek Road, owned by Chester L. and Joycelyn C. Wallack.
ADOPTED: DECEMBER 9, 2002
PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF WYOMING MILL ROAD, OWNED BY EILEEN E. LOCKWOOD
A public hearing was duly advertised for this time and place to consider rezoning multiple parcels totaling 34.0886 acres, located on the east side of Wyoming Mill Road, approximately 3,250 feet south of Hazlettville Road, owned by Eileen E. Lockwood. The property is currently zoned R-20 (One Family Residence) and the proposed zoning is R-10 (One Family Residence).
Planner's Review
Ms. Melson, Interim City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit 2).
Public Hearing
Council President Carey declared the hearing open.
Mr. Doug Liberman of Larson Engineering, 2717 Pulaski Highway, Newark, Delaware, representing the developer, Seaview Development, advised members that City water and sewer is available to this site. The current concept plan proposes two (2) units per acre although three (3) units per acre are permitted in the R-10 zoning classification. He assured members that the plan is for a low density development.
Council President Carey declared the hearing closed.
Mr. Speed 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, Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of October 28, 2002.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF MULTIPLE PARCELS TOTALING 34.0886 ACRES OF LAND LOCATED ON THE EAST SIDE OF WYOMING MILL ROAD, APPROXIMATELY 3,250 FEET SOUTH OF HAZLETTVILLE ROAD
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 R-20 (One Family Residence) to R-10 (One Family Residence).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from R-20 (One Family Residence) to R-10 (One Family Residence) on multiple parcels totaling 34.0886 acres located on the east side of Wyoming Mill Road, approximately 3,250 feet south of Hazlettville Road, owned by Eileen E. Lockwood.
ADOPTED: DECEMBER 9, 2002
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 25, 2002 with Chairman Salters presiding.
Proposed Zoning Text Amendments - RG-1 Conversion - Single Family Residence (Tabled by Council on October 14, 2002)
During their meeting of October 14, 2002, members of Council considered proposed zoning text amendments to the RG-1 District Regulations. After the public hearing, members tabled action until a date certain of December 9, 2002, for the first reading and January 13, 2003 for the public hearing/final reading. It was suggested that the different interest groups should meet with City staff to assist in “fine tuning” the proposed ordinance amendments.
During the committee meeting, Ms. Melson, Interim City Planner, reviewed the recommendations of the Advisory Committee for the RG-1 District and provided a table depicting the original text amendments, the Advisory Committee’s recommendation and discussion, and the recommended text amendments. Members were also provided with other information and correspondence provided by interested individuals.
After much discussion, members agreed to review and consider each amendment separately for formulating a recommendation to City Council, as follows:
Amendment #1
Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-1 and RG-2).
The committee recommended approval of the following text amendment:
by deleting subsection 2.12 in its entirety.
Amendment #2
Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-1 and RG-2).
The committee recommended approval of the following text amendment:
by creating a new subsection 2.12 to read as follows:
2.12 Garden Apartments limited to placement within the RG-2 District only.
Amendment #3
Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2 (General Residence Zones RG-1 and RG-2).
The committee recommended approval of the following text amendment:
by deleting subsection 2.14 in its entirety.
Amendment #4
Amend Dover Code of Ordinances, Appendix B, Article 3, Section 2.4 (General Residence Zones RG-1 and RG-2) by establishing new subsections (b) and (c).
The committee recommended approval of the following text amendments:
(b)Student homes subject to the following siting and bulk criteria:
i) No student home shall be located closer than 500 feet from any other student home.
ii)The maximum allowable occupancy shall be four (4) persons or the occupancy limit as determined by the building and fire codes adopted by the City of Dover, whichever is less.
iii)Two (2) off-street parking spaces shall be provided per dwelling unit.
iv)A student home shall not be permitted to be established within any semi-detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit.
v)Buildings constructed as multiple dwellings shall not be subject to the student home criteria.
vi)Student homes shall be licensed under Chapter 10 Housing Code, Article V, Rental Dwellings of the Code of Ordinances.
vii)Student homes shall be subject to the provisions of Chapter 10 Housing Code, Article III, Leases of the Code of Ordinances.
viii)This ordinance establishing student homes by definition and as a conditional use shall become effective upon passage of the ordinance (January 13, 2003).
(c)Multiple dwellings including conversions of single family dwellings to multi-family residential dwellings.
Amendment #5
Amend Dover Code of Ordinances, Appendix B, Article 12 (Definitions).
The committee recommended approval of the following text amendment to Article 12:
By inserting the following term definition in the correct alphabetical location:
Student Home: The term”student home” shall mean “a building, structure, dwelling or other form of construction that provides domicile and living arrangement for three (3) or more students, unrelated by blood, marriage, or legal adoption, that are matriculated students at a college or university, or that are in the process of attending a college or university, or who are on a semester or summer break from studies at a college or university, or any combination of such persons”. The term “student home” shall not be construed to include or be synonymous with the terms “fraternity house, sorority house, dormitory, community residential treatment center, homeless shelter, or halfway house.” A “student home” is subject to the provisions of Appendix B Zoning Ordinance Article 3 Section 2.4(b).
Amendment #6
Amend Dover Code of Ordinances, Appendix B, Article 7, (Non-conforming Buildings and Uses).
The committee recommended approval of the following text amendment:
by establishing a new Section 1.6 to read as follows:
1.6Residential occupancies that meet the definition of “student home” as provided in Article 12 of this ordinance, that can be proven to have been in existence as a student home use prior to the enactment of regulations governing student homes, shall be permitted to remain as legal non-conforming uses as to location and shall not be subject to the Conditional Use Approval requirements set forth in Article 10, Section 2 provided that all such uses shall be made to conform with all other provisions of Article 3, Section 2.4, Subsection (b) with regard to licensing as a student home, off-street parking requirements and number of students in residence in the student home, within six (6) months of the effective date of the ordinance amendment establishing Article 3, Section 2.4, Subsection (b).
Documentation to prove that a student home use existed prior to the enactment of this ordinance shall be limited to executed lease agreements, City of Dover licensing data, and/or sworn legal affidavit from the owner of record of the property. Failure to bring a non-conforming student home use into compliance within the specified six (6) month period shall be deemed a violation of this ordinance and subject to penalties as set forth in Article 8 of the Zoning Ordinance and all applicable provisions of Dover Code of Ordinances.
Any student home use that existed prior to the enactment of this ordinance that ceases to exist or that is changed to any form of occupancy other than a student home use for a period in excess of 120 days, shall not be reactivated as a student home use without Conditional Use approval as set forth in Article 3, Section 2.4 and Article 10, Section 1 of this ordinance.
The committee recommended the prompt passage of the proposed zoning text amendments as presented. Since these are amendments to the Zoning Code, a public hearing is required and it was recommended that a public hearing be set for January 13, 2003 at 7:30 p.m.
Mr. Salters moved for approval of the committee’s recommendation by consent agenda, seconded by Mr. McGlumphy.
Mr. Ruane relayed concern with amendment #4, Subsection v of Article 3, Section 2.4, in terms of the intent as it relates to multiple dwellings, referring to those such as apartment complexes. After discussing his concerns with staff, he suggested that, for clarification of its intent, it should be reworded. Mr. Ruane moved to amend Subsection v of Article 3, Section 2.4 by striking the current proposed wording and replacing in lieu thereof the following: “Buildings or groups of buildings on the same lot with fifteen (15) or more units on the lot shall not be subject to the student home regulations”. The motion was seconded by Mr. Salters.
Mr. Speed relayed concern with using 15 units as the criteria without obtaining further information. He felt there may be situations where a lesser number of units should not be subject to the student home regulations. He also felt that the City may create confusion regarding whether or not a property would be subject to this provision.
The motion to amend Subsection v of Article 3, Section 2.4 by striking the current proposed wording and replacing in lieu thereof the following: “Buildings or groups of buildings on the same lot with fifteen (15) or more units on the lot shall not be subject to the student home regulations” was carried with Mr. Speed voting no.
Mr. Speed noted that many of his concerns regarding the proposed ordinances were resolved during the committee meeting. However, he relayed concerns with amendment #4 [Article 3, Section 2.4 (b)(i)] that prohibits student homes from being located closer than 500 feet from any other student home, feeling that it will most adversely affect current owner/occupants who may be required to move under unforeseen circumstances. Mr. Speed agreed to a previous suggestion that the current moratorium be extended that would prohibit further conversion of single family dwellings to apartment houses, multi-family dwellings, and/or rooming houses in the RG-1 zoning district. In order to increase home owner-occupants, he reiterated the idea of extending the transfer tax abatement for first time home buyers to the seller in the transaction which, he explained, would actually benefit first time home buyers. Mr. Speed also suggested that another incentive be created for owners of rental properties to sell to owner-occupants. It was his feeling that the proposed ordinance amendments would not resolve the problems it is meant to address.
Mr. Speed also relayed concern with the proposed amendment [Article 3, Section 2.4 (b)(ii)] that limits the maximum allowable occupancy to four (4) persons and suggested that the make up of the property be taken into consideration. For instance, a home that was built as a three (3) bedroom rental be limited to a three (3) person rental, prohibiting other rooms from serving as bedrooms, and that those homes built as a five (5) bedroom rental not be limited to a four (4) person rental, permitting it to serve as a five (5) person rental. It was his feeling that this would provide a more realistic limitation on properties.
Mr. Salters suggested that if members wished to make further recommendations regarding the proposed amendments or other proposals to address their concerns, that they do so by submitting their request to the City Clerk for review by the Legislative and Finance Committee.
The motion for approval of the proposed zoning text amendments, as amended, and that a public hearing be set for January 13, 2003 at 7:30 p.m. was carried with Mr. Speed voting no. (The First Reading of the Ordinance will take place during the latter part of the meeting).
Note from City Clerk’s Office: During their Regular Meeting of May 28, 2002, City Council adopted a Resolution which enacted a moratorium on the further conversion of single family dwellings to apartment houses, multi-family dwellings and/or rooming houses in the RG-1 (General Residence & Office) Zoning District. The purpose of the moratorium was to afford the Mayor and City Council a reasonable due diligence period to consider alternative courses of action relative to the conversion of single family dwellings including, but not limited to, the adoption of an amendment to the City of Dover Zoning Ordinance that would further regulate the conversion of single family dwelling structures to apartment houses, multi-family dwellings and/or rooming houses. The Resolution stipulated that the moratorium shall become effective immediately upon its passage and shall remain in effect for one (1) year from the effective date established by Council unless rescinded by City Council at an earlier date.
Land Disposal - 152 North Queen Street - Habitat for Humanity
In February 2001 the City of Dover had a house at 152 North Queen Street (Tax Parcel ED—05-076.08-03-26.00-000) demolished in accordance with the Dangerous Building Code. In November 2001 the City took possession of the property through a tax sale. The City received a letter in October 2002 from Mr. Michael Harrington on behalf of Habitat for Humanity, requesting that the property be donated to Habitat for Humanity so that a home for owner occupancy could be erected on the property.
The City of Dover expenses and receivables owed to date are as follows:
Tax Sale Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00
Advertisement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .800.00
Taxes (City). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .350.00
Taxes (Kent County). . . . . . . . . . . . . . . . . . . . . . . . . .185.00
Demolition Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . .5,968.72
Utility Write Off. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234.64
Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,788.36
In accordance with the Land Disposal Policy, the City Manager evaluated the property and determined that the parcel would provide no use to any City department, that its current zoning of RG-1 is appropriate, and that the zoning would not enhance the resale value of the property.
During the committee meeting, Mr. DePrima advised members that the Land Disposal Policy encourages the sale of surplus land through auctions or sealed bid. However, Exception D - Donation of Land to Non-Profit Organizations, states that “If, in the opinion of Dover City Council, the donation of a parcel of excess land to a non-profit organization would be in the best interest of the City of Dover, Council then reserves unto itself the right to make such donation.”
Habitat for Humanity is a non-profit organization that constructs owner-occupied housing for low- and moderate-income people. Volunteers, as well as the family selected to occupy the house, carry out construction labor. Promoting home ownership has been a stated priority of the City Council and is an identified strategy in the CDBG Consolidated Plan. Once a house is constructed on the property and it is placed back on the tax rolls, its annual tax contribution would be approximately $300 per year.
Staff recommended authorizing the City Manager to convey the property to Habitat for Humanity for $7,788.36, with the provision that, if Habitat for Humanity can demonstrate that additional funds are necessary to accomplish the construction, the City Manager would be authorized to convey the property for a lesser amount.
The committee recommended that the City Manager be authorized to convey the property to Habitat for Humanity for $7,788.36 or less.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Budget Balances - Audit Results
Members were provided budget ordinances in order to incorporate the adjusted budget balances into the FY 2003 Budget. Mrs. Mitchell, Finance Director/Treasurer, provided members with an analysis of the final FY 2002 results and their respective impact on the FY 2003 Budget. She noted that the revision included the re-budgeting of certain projects in the Water/Wastewater Improvement & Extension Fund that are ongoing and an adjustment to the Contingency Reserves in the Water/Wastewater Fund for an investment earnings adjustment. Staff recommended approval of the proposed budget revision ordinance.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved for approval of the proposed budget revision ordinance, seconded by Mr. McGlumphy and carried with Mr. Ritter voting no. (The First Reading of the Ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Speed and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
Having just returned from the National League of Cities Convention, Mr. Pitts requested that the Parks and Recreation Committee Report be deferred until the next Council Meeting.
APPOINTMENTS - COUNCIL EMPLOYEES
Building Inspector
Council President Carey requested that the appointment of the Building Inspector be deferred, noting that interviews for the City Planner position have been conducted and a recommendation should be forthcoming.
City Assessor
Mr. Speed moved to appoint Mr. Jerome Cooper to serve as City Assessor, seconded by Mr. Pitts and unanimously carried.
Assistant Assessor
Mr. Speed moved to appoint Ms. Cheryl Russell to serve as Assistant City Assessor, seconded by Mr. Salters and unanimously carried.
FIRST READING - PROPOSED ZONING ORDINANCE AMENDMENTS
Mr. Salters moved to waive the reading of the proposed ordinances before Council, seconded by Mrs. Williams and carried with Mr. Speed voting no. Council President Carey reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Since the ordinances are amendments to the Zoning Code, a public hearing is required. A public hearing and final action by Council on the proposed ordinances will take place during the Council Meeting of January 13, 2003 at 7:30 p.m.
Responding to Mr. Ruane, Council President Carey explained that another public hearing must be held since there were substantial content changes made to the proposed ordinances since the original public hearing.
Mr. Salters moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mrs. Williams and unanimously carried:
► Appendix B, Zoning - Article 3, District Regulations - Section 2, General Residence Zones (RG-1 and RG-2)
► Appendix B, Zoning - Article 12, Definitions
► Appendix B, Zoning - Article 7, Nonconforming Buildings and Uses
FIRST READING - PROPOSED ORDINANCES
Mr. McGlumphy moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Pitts and carried with Mr. Ritter voting no. Council President Carey reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of January 13, 2003.
Mr. McGlumphy moved for acknowledgment of the First Reading of the following proposed ordinances, by title only, seconded by Mr. Pitts and carried with Mr. Ritter voting no:
► Revised Budgets for FY 2002/2003
FINAL READING - REZONING (ONE YEAR LIMITATION EXPIRATION) - 835 BAY ROAD, OWNED BY THE AMERICAN LEGION (WALTER L. FOX POST NO. 2) AND THE STATE OF DELAWARE
A public hearing and first reading of the following proposed ordinance was accomplished during the Council Meeting of November 25, 2002 for reverting the rezoning of property located at 835 Bay Road from SC-3 to C-4, owned by the American Legion (Walter L. Fox Post No. 2) and the State of Delaware.
Mrs. Williams moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Speed and unanimously carried.
Mrs. Williams moved for adoption of the following ordinance, seconded by Mr. Speed and carried by a unanimous roll call vote:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 835 BAY ROAD
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 SC-3 (Regional Shopping Center) to C-4 (Highway Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from SC-3 to C-4 on that property located at 835 Bay Road, owned by the American Legion and the State of Delaware.
ADOPTED: DECEMBER 9, 2002
Mr. Speed moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 8:59 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of December 9, 2002, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/JG
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Exhibits to Minutes
Exhibit 1 - Planner’s Review - 1132 South Little Creek Road
Exhibit 2 - Planner’s Review - Lockwood Farm - E. Side of Wyoming Mill Road