COUNCIL COMMITTEES
The Council Committees Meeting was held on November 25, 2002, at 4:30 p.m., with Council President Carey presiding. Members of Council present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, Mr. Ruane, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Mrs. Williams, Mr. McGlumphy, and Mr. Shelton. Mrs. Street was absent.
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 and after the public hearing, members tabled action and that a date certain be set for the first reading on December 9, 2002, and that a public hearing/final reading be held on January 13, 2003. It was suggested that the different interest groups should meet with City staff to assist in “fine tuning” the proposed ordinance amendments.
Mr. McGlumphy moved to remove the item from the table, seconded by Mrs. Williams and unanimously carried.
Ms. Melson, Acting City Planner, reviewed the recommendations of the Advisory Committee for RG-1 District and provided a table depicting the original text amendments, and the Advisory Committee’s recommendation and discussion, and the recommended text amendments (Attachment #1). 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).
Mr. Salters moved to recommend approval of the following text amendment, seconded by Mr. McGlumphy and unanimously carried:
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).
Mr. Salters moved to recommend approval of the following text amendment, seconded by Mr. McGlumphy and unanimously carried:
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).
Mr. Salters moved to recommend approval of the following text amendment, seconded by Mr. McGlumphy and unanimously carried:
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).
Mrs. Williams moved to recommend approval of the following original text amendment to Section 2.4 (b), subsection (i), seconded by Mr. McGlumphy and unanimously carried:
(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.
Mr. Salters moved to recommend approval of the text amendment to Section 2.4 (b), Subsection (ii), seconded by Mr. McGlumphy.
For clarification, Mr. Shelton suggested that the word “students” be replaced with “persons”.
Mr. McGlumphy moved to amend the motion to replace the word “students” with “persons”, seconded by Mrs. Williams and unanimously carried.
The motion to recommend approval of the following text amendment to Section 2.4 (b), subsection (ii), as amended, was unanimously carried:
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.
Mr. Salters moved to recommend approval of the text amendment to Section 2.4 (b), Subsection (iii), seconded by Mr. McGlumphy.
Mr. Speed suggested that the off-street parking requirements specify “per dwelling unit” rather than for “student home”.
Responding to Mrs. William, Ms. Melson stated that if there is a condition of multiple dwelling units on a property, each unit is required to provide the appropriate number of parking spaces.
Mr. McGlumphy moved to amend the motion to replace the words “on the same lot as the student home” with “per dwelling unit”, seconded by Mrs. Williams and unanimously carried.
The motion to recommend approval of the following text amendment to Section 2.4 (b), subsection (iii), as amended, was unanimously carried:
iii)Two (2) off-street parking spaces shall be provided per dwelling unit.
Mr. McGlumphy moved to recommend approval of the following original text amendment to Section 2.4 (b), subsection (iv) and (v), seconded by Mr. Shelton and unanimously carried:
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.
Mr. McGlumphy moved to recommend approval of the following text amendment to Section 2.4 (b), subsection (vi), seconded by Mrs. Williams and unanimously carried:
vi)Student homes shall be licensed under Chapter 10 Housing Code, Article V, Rental Dwellings of the Code of Ordinances.
Mr. Salters moved to recommend approval of the following text amendment to Section 2.4 (b), subsection (vii), seconded by Mr. Shelton and unanimously carried:
vii)Student homes shall be subject to the provisions of Chapter 10 Housing Code, Article III, Leases of the Code of Ordinances.
Mr. Salters moved to recommend approval of the following text amendment to Section 2.4 (b), subsection (viii), seconded by Mr. McGlumphy and unanimously carried:
viii)This ordinance establishing student homes by definition and as a conditional use shall become effective upon passage of the ordinance (January 13, 2003).
Mr. McGlumphy moved to recommend approval of the following text amendment to Section 2.4 (c), seconded by Mrs. Williams and unanimously carried:
(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).
Mr. McGlumphy moved to recommend approval of the following text amendment to Article 12, seconded by Mrs. Williams and unanimously carried:
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).
Mr. McGlumphy moved to recommend approval of the following original text amendment, seconded by Mrs. Williams and unanimously carried:
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.
Mr. Ruane suggested that the current moratorium on the single family conversion be amended to prohibit the licensing of single family detached houses, duplexes, townhouses, and condominiums as rental properties during this interim period. He provided members with information and explained that as the City is working on this issue, houses are being converted to rental properties and are being rented to students.
Responding to questions of members, Deputy City Solicitor Pepper relayed concern that the City would be denying equal protection of the laws if the City were to deny individuals in certain areas, the right to rent their property. He explained that the current moratorium prevents changes to property but does not prevent the use of property and cautioned members for moving forward with the suggested type of action.
Mrs. Williams moved to recommend the prompt passage of the proposed zoning text amendments (Attachment #2), seconded by Mr. McGlumphy and unanimously carried. Based on the committee’s recommendations, proposed zoning text amendments are provided for a first reading during the Regular Council Meeting of December 9, 2002 (Attachment #2). Since these are amendments to the Zoning Code, a public hearing is required and it is recommended that a public hearing be set for January 13, 2003 at 7:30 p.m.
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 N. Queen Street - Habitat for Humanity
In February 2001 the City of Dover had a house at 152 N. 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.
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.
Mr. Speed noted that a major goal of the City is to promote home ownership, he suggested that the City Manager be authorized to convey the property without any provision.
Mr. Salters moved to recommend that the City Manager be authorized to convey the property to Habitat for Humanity for $7,788.36 or less. The motion was seconded by Mrs. Williams and unanimously carried (Mr. McGlumphy absent).
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.
Mr. Salters moved to recommend approval of staff’s recommendation (Attachment #3), seconded by Mr. McGlumphy and unanimously carried.
Mr. McGlumphy moved for adjournment, seconded by Mrs. Williams and unanimously carried.
Meeting Adjourned at 6:26 P.M.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met with Chairman Pitts presiding. Members present were Mr. Ritter, Mr. Speed, and Mr. Davis. Mr. Solomon was absent.
Review - Winter and Summer Programs and Future Recreation Facilities
Mr. Zachary Carter, Parks and Recreation Director, reviewed the winter and summer programs offered by the City of Dover. He advised members that in September, a letter was received from the Capital School District informing him that they would not be able to accommodate the request of the City for use of their facilities for the winter programs. As a result, meetings were held and Mr. Carter reported that the Capital School District has agreed to provide some space for the winter programs. Mr. Carter stated that Dr. Thomas, Superintendent of the Capital School District, has been very supportive of the City’s efforts and working with the community in making the schools available for the City’s use.
Mr. Carter briefed members of the various programs offered by the City and the number of participants. He also advised members of those in the community that are utilizing the City parks. The goal of the City of Dover Parks and Recreation Department is to provide the Dover community with a broad, varied and interesting selection of recreational programs and activities. He assured members that the City’s parks are used in a positive manner.
Mr. Carter alluded to the fact that there is a dire need for some type of indoor recreation facility. He noted that the registration for City activities and events are always at their maximum. He also explained that during the super summer program, there are excessive hot/humid days that require the children to be indoors as well as other situations that require use of an indoor facility.
Mr. Pitts advised members that there was a survey conducted several years ago regarding the City’s parks and recreation programs, and what is occurring today, is what the survey results had indicated. He stated that the need for an indoor facility will continue to increase and suggested that members of Council consider the possibility of resolving this matter in the near future.
Responding to Mr. Truitt, Mr. Carter indicated that funds have been requested and included in the City’s Capital Improvement Projects for making improvements to the neighborhood parks, including the upgrade of playground equipment.
The committee took no further action.
Mr. Truitt moved for adjournment, seconded by Mr. Davis and unanimously carried.
Meeting Adjourned at 7:00 P.M.
Respectfully submitted,
Carleton E. Carey, Sr.
Council President
CEC/jg
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