REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 26, 1993 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Fire Chief Baker, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Miles, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Hutchison and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 1993
The Minutes of the Regular Council Meeting of July 12, 1993 were unanimously approved by motion of Mr. Salters, seconded by Mr. Hutchison and bore the written approval of Mayor Knopf.
RESOLUTION - HARRY MARVEL
By motion of Mr. Hare, seconded by Mr. Lambert, Council unanimously adopted the following Resolution:
WHEREAS, Harry E. Marvel began his employment with the City of Dover on November 29, 1962 when he was hired as an Equipment Operator assigned to operate the City's street sweeper; and
WHEREAS, because of Mr. Marvel's good nature and desire to get the job done right, his supervisors continued to upgrade him to his current position of Sanitation Foreman; and
WHEREAS, Mr. Marvel always displayed a positive attitude towards the changes experienced in a rapid growing City and was an integral part of the success of changes in the method of sanitation collection, including the reduction from twice per week to once per week collection, changes in the bulky collection system, and a change to the current mechanized collection system; and
WHEREAS, after more than 30 years of dedicated employment with the City of Dover Public Works Department, Mr. Marvel has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover wish Harry Marvel a happy and healthy retirement and extend their sincere appreciation for the exemplary work he performed on behalf of the City of Dover and its citizens.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the service of Harry E. Marvel.
ADOPTED: July 26,1993
The Resolution, City Plaque and Dover Cup will be presented to Mr. Marvel at a later date, since he was unable to attend the Council Meeting.
ANNEXATION/REZONING - SOUTH LITTLE CREEK AND HORSEPOND ROADS - S & R FARMS, INC.
An annexation referendum was held on July 15, 1993 for property located on South Little Creek Road and Horsepond Road, containing approximately 35.88 acres of land.
Referendum Results
The City Clerk reported that one vote was cast in favor of annexation, with no votes cast against annexation.
Mr. Salters moved to accept the results of the annexation referendum, seconded by Mr. Leary and unanimously carried.
Annexation
The City Planner explained that the property is located on the east side of Horsepond Road, approximately 977+/- feet south of the intersection of Horsepond Road and South Little Creek Road. The property also fronts on the south side of South Little Creek Road, approximately 1164+/- feet east of the intersection of Horsepond Road, containing approximately 35.88+/- acres of vacant land. Mr. DePrima offered the following information on the parcel:
The proposed annexation would be compatible with the "Employment Goal" outlined in the Comprehensive Plan in that the proposal would further the diversity of the economy by bringing job opportunities to the Dover area.
It is unlikely that the land would be annexed into the City for industrial purposes since there has been no industrial development on lands already in the City. Parcels already in the City are likely to develop before this parcel would be annexed and developed as industrial property. The proposed project requires city water and sewer service.
Utility Committee Recommendation
The committee considered the request for annexation and rezoning of the above property, which is currently zoned A/C (Agricultural/Conservation) in the County. Kent General Hospital has proposed to construct a Psychiatric Hospital on the property. The City's Comprehensive Plan for the area recommends Manufacturing and Industrial land uses. The principal reason for this designation is its close proximity to the Dover Air Force Base. The Planning Commission recommended annexation of the property with a zoning classification of I/O (Institutional/Office). The Planning Commission also recommended annexation of adjacent property owned by the City of Dover, which is utilized as an electric sub-station.
Staff assured committee members that a significant amount of buffering would be required as a part of the site plan approval to protect the hospital from the noise generated by the Dover Air Force Base.
It was felt by some that the issue of drug abuse could be addressed and assistance offered in this area with the type of facility proposed by Kent General Hospital and that this type of facility is very much needed in Dover.
Council President Christiansen suggested that the tax exempt status be given only for that portion of the property where the facility will actually be located.
The committee recommended approval of the annexation/rezoning request of property located on South Little Creek and Horsepond Roads, owned by S & R Farms, Inc., as recommended by the Planning Commission.
The committee also recommended an administrative annexation of adjacent property, owned by the City of Dover, as recommended by the Planning Commission.
Mr. Lambert moved that the property located on S. Little Creek and Horsepond Roads, owned by S & R Farms, Inc. be annexed into the corporate limits of Dover. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
BEGINNING for this Description at a point located on the southerly side of South Little Creek Road (S.R. 67) at the southeasterly corner for the lands owned by the City of Dover and the northwest corner of the parcel herein described. The beginning point being further described as being S 77o 50' 00" E 1164.48', thence S 12o 10' 00" W, 30.00' from the certerline intersection of South Little Creek Road with the centerline of Horsepond Road. Thence from the place of beginning and with the southerly right-of-way line of South Little Creek Road, S 77o 50' 00" E, 51.52', thence S 12o 10' 00" W, 5.00', thence S 77o 50' 00" E, 200.00 feet, thence, N 12o 10' 00" E, 5.00', thence S 77o 50' 00" E, 962.75' to an iron pipe and lands owned by E. Z. Farms, Inc., thence leaving the right-of-way of South Little Creek Road and with the lands of E. Z. Farms, Inc., S 58o 54' 43" W, 1895.99' to an iron pipe and lands of Wesley Realty, thence with said Wesley Realty Lands, S 59o 00' 42" W, 602.13' (passing through an iron pipe at 601.93') to a point on the easterly right-of-way line of Horsepond Road (S.R. 348), thence with said right-of-way, N 12o 02' 26" W, 664.58' to a point and beginning if a curve to the right having a radius of 1884.86', thence with said curve the following chord bearing and distance, N 09o 04' 37" W, 194.91' to a point and lands owned by William B. & Dorothy Schauber, thence leaving Horsepond Road and with the Schauber Lands, N 58o 38' 06" E, 873.28' to a point and lands owned by the City of Dover, thence with said lands, N 59o 09' 48" E, 471.78' to a point on the southerly right-of-way line of South Little Creek Road and the place of beginning; CONTAINING 35.88 acres of land.
2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 27th day of July, 1993 at 12:01 a.m. o'clock.
ADOPTED: July 26, 1993
Public Hearing - Zoning Classification
City Planner, Mr. DePrima, explained that the property is currently zoned as A/C (Agriculture/Conservation) in the County. To the immediate north of the site is the location of a Food Service Equipment Company zoned B-G (General Business) in the County, and the location of a City owned electric sub-station zoned A/C (Agricultural-Conservation) in the County. To the east and across South Little Creek Road and to the immediate east is agricultural land in the county, and a few scattered single family homes. To the south is a large beverage warehouse that is zoned M (Manufacturing) in the City. To the west is vacant wooded land and a fence company zoned C-3 (Service Commercial) in the City and to the northeast is the McDaniel Industrial Park that is zoned M (Manufacturing).
This parcel is located within an area that the Comprehensive Plan calls for Manufacturing and Industrial land uses. The principal reason for this designation is its relatively close proximity to the Dover Air Force Base. The Land Use Compatibility Matrix that is included in the Comprehensive Plan finds that institutional uses such as the Psychiatric Hospital would be considered moderately compatible with Industrial Parks but would require moderate buffering. With respect to compatibility with Manufacturing the Matrix considers institutional uses to be incompatible and would need heavy buffering.
With respect to institutional uses, the Comprehensive Plan limits this designation to "existing" campuses, and does not designate any large vacant areas of the City for new institutions. There are no areas within the City under the current land use designations that would be considered compatible. This appears to be a deficiency in the Comprehensive Plan that should be compensated for. With respect to natural and man made constraints on the property, the Comprehensive Plan finds only limited constraints due to its proximity to the Air Base and its prime agricultural soil. The project requires City Water and Sewer Service. The developers of this project have been meeting with officials of Dover Air Force Base and will construct the building in such a way that noise is suppressed.
The Planning Commission felt that the City Council should give serious consideration to approving this annexation. They felt that the facility would bring an expanded community service to Dover as well as new employment opportunities. Dover, as the central city for the region, is the appropriate place for such a facility, especially given its status as a nucleus for the health care industry. Dover is recognized for its growing medical community and derives a variety of economic benefits from the jobs and clients that its draws to Dover. The Planning Commission felt that the benefits clearly outweigh the fact that the hospital has a tax exempt status.
While this particular site is somewhat remote, the surrounding land uses and zoning are not necessarily incompatible if buffering occurs. Access to the site via South Little Creek Road and Horsepond Road, which are both collector roads, are compatible with the proposed use. However because of the surrounding land uses and zoning, a significant amount of buffering to protect the hospital would be required as a part of the site plan approval.
The Planning Commission recommends that the zoning classification for this property be approved as IO (institutional and office). This recommendation was made after holding a public hearing on the matter. At the public hearing, several surrounding property owners expressed their belief that the site is inappropriate because of its close proximity to Dover AFB, industrial areas, and truck traffic. There was also concern that the hospital would oppose future development of surrounding industrial areas. A few people spoke in favor of the application because of the need for such a service in Dover.
The Planning Commission also recommended annexation of the land owned by the City of Dover and used for an electric sub-station that is adjacent to the land proposed for annexation.
Council President Christiansen declared the public hearing open.
Mr. Ed Daube of 552 Westwood Drive voiced his objections to the proposal on the basis that the City is comprised of approximately 50% tax exempt property. Approval of additional tax exempt property development only dilutes the tax base at the burden of the taxpayers.
Mayor Aaron Knopf spoke in favor of the annexation and rezoning, stating that it will enable Kent General Hospital to construct a modern facility to serve those in need in central Delaware. He urged members of Council to approve the proposal, stating that it is their responsibility to ensure that the proper services are made available to our citizens. He stated that Central Delaware's mental health needs should be met locally, reminding Council that hardships are created for families who must travel distances to facilities in New Castle County and surrounding states to receive mental health care for themselves or family members.
Mayor Knopf stated that not only will the facility provide a service to the community, but that it will be a revenue source to the City through their need for water, sewer and electric services. The facility is also expected to employ 80 people which is advantageous to the citizens of Dover. He reminded Council and the citizens that this facility is not a facility for the criminally insane, for patients held against their will, a reform school, or a facility for the State prison system inmates. It is a 50 bed facility that deals with voluntary admissions for adults and adolescents with short term mental health concerns. He urged approval of the request.
Mr. Ron Smith, President of Kent County Levy Court, urged approval of the application for Kent General Hospital. Although Levy Court denied approval for a similar facility on Lebanon Road, Mr. Smith explained that Levy Court Commissioners were concerned with the lack of infrastructure available to support a facility of this size and with the loss of agricultural land within the County. Mr. Smith stated that the City of Dover is capable of providing the necessary services to this facility and urged Council's approval, stating that it would be an asset to the community and to Kent General Hospital.
Mr. John Paradee, attorney representing Kent General Hospital, addressed the proposed facility and urged Council's approval of the required zoning classification. Referring to the speaker relating to taxes, Mr. Paradee reminded the public that the property is currently not within the City and therefore would be taking away from the tax base. If the property were annexed at its current use, it would be agricultural and would be tax exempt. Although the hospital maintains a tax exempt status, they would add revenue sources to the City through their substantial utility uses. Responding to questions by Mr. Hutchison, Mr. Paradee stated that the hospital has had discussions with Dover Air Force Base relative to possible noise concerns. Kent General Hospital will assure that there will be no noise complaints lodged by the hospital against aircraft noise from DAFB. The hospital and DAFB have worked together in the past and will continue to do so. The hospital plans to construct the facility with maximum sound proofing. The doctors are also comfortable that there will be no problems from a clinical point of view. Mr. Tudor stated that the hospital needs to understand that City Council will never ask DAFB to alter their flight path if the hospital's soundproofing attempts are not completely successful. Mr. Paradee stated that the hospital fully understands the City's position on this issue.
Mr. Lambert suggested that staff pursue the committee's suggestion of only exempting from property taxation that portion of the property directly utilized for the mental health facility. Mr. Lucas stated property tax exemption will be determined on how the property is titled. If the property is titled as Kent General, Inc., it will be tax exempt. However, if it is titled under their development name of Kedeco Corporation, Inc., the vacant portion could be taxed. The decision would be made by Kent General Hospital. The City Assessor will keep Council abreast of any action on this matter.
Mr. Paradee stated that if the vacant property is used in any other manner, for a purpose which is not tax exempt, the hospital recognizes that they would be required to pay taxes on the property.
The City Clerk reported that several letters were received and are on file in the Office of the City Clerk.
Council President Christiansen declared the public hearing closed.
Mr. Salters moved that the property be zoned IO (Institutional and Office) as recommended by the Planning Commission. The motion was seconded by Mr. Leary and by a unanimous roll call vote, Council adopted the following ordinance. (The first reading of the proposed ordinance was accomplished during the Council Meeting of June 14, 1993.)
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT LOT #7 ACORN LANE
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 RS - Single Family Residence (Kent County Zoning Classification) to R-10 - Single Family Residence (City of Dover Zoning Classification).
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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS to R-10 on that property located at Lot #7 Acorn Lane, owned by Pedro and Cristina Sanchez.
ADOPTED: July 26, 1993
ANNEXATION - ACORN LANE - ROBERT & SANDRA ADKINS
An annexation referendum was held on July 15, 1993 for property located on Acorn Lane, owned by Robert and Sandra Adkins. The property is a single family residential parcel.
Referendum Results
The City Clerk reported that two votes were cast in favor of annexation, with no votes cast against annexation.
Mr. Hare moved to accept the results of the annexation referendum, seconded by Mr. Salters and unanimously carried.
Annexation/Rezoning
The City Planner reported that the property is located on the east side of Acorn Lane, approximately 800 feet south of Whiteoak Road, containing approximately .61 acres. The county zoning classification is RS (Single Family Residential) and the proposed City zoning classification is R-20 (Single Family Residential).
The requested annexation is for a single family home. The City Planner has been authorized by the Planning Commission and City Council to make the recommendation directly to the City Council on the annexation and zoning. The recommendation of the City Planner is for approval. In taking this position the City Planner considered the following points:
To the north, west and south are single family homes in the County zoned RS (single family residential). To the east is wooded land in the City that is zoned RG-2 (General Residence).
The applicants wish to access the City water and sewer system due to problems with their current septic system.
The Comprehensive Plan recommends medium density residential uses.
Since this is an existing house that is compatible with the Comprehensive Plan and surrounding land uses, and because the applicant has a need for City water and sewer, the Planner recommended approval of the annexation along with an R-20 zoning designation.
Mr. Hare moved that the property located on Acorn Lane, owned by Robert and Sandra Adkins, be annexed into the corporate limits of Dover. The motion was seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution and Ordinance:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece or parcel of land lying on the easterly side of Road 342 leading from the White Oak Road to the North Little Creek Road, in East Dover Hundred, Kent County and the State of Delaware, and being more particularly described as follows, to-wit:
BEGINNING at a point where the old northern boundary of the Rudnick tract intersects the easterly right-of-way line of said Road 342 and proceeding 360.00 feet in a southerly direction along the said easterly right-of-way line to a corner for this tract and the place of beginning; thence, still with the right-of-way line South 09 degrees 05 minutes East 120.00 feet; thence, North 83 degrees 24 minutes East with lands now or formerly of James Cullen 224.98 feet; thence, North 09 degrees 05 minutes West 120.00 feet; thence, South 83 degrees with lands now or formerly of Harold Bruner 224.98 feet to the place of beginning and containing 0.61 acre of land, more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of R-20 (Single Family Residential) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 27th day of July, 1993 at 12:01 a.m. o'clock.
ADOPTED: July 26, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED EAST SIDE OF ACORN LANE
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 RS (Single Family Residential) to R-20 (Single Family Residential).
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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS to R-20 on that property located on the East Side of Acorn Lane, owned by Sandra Patricia and Robert Lee Adkins.
ADOPTED: July 26, 1993
ANNEXATION - ACORN LANE - PEDRO & CHRISTINA SANCHEZ
An annexation referendum was held on July 15, 1993 for property located on Lot #7 Acorn Lane, owned by Pedro and Christina Sanchez. The property is a single family residential parcel.
Referendum Results
The City Clerk reported that two votes were cast in favor of annexation, with no votes cast against annexation.
Mr. Salters moved to accept the results of the annexation referendum, seconded by Mr. Hare and unanimously carried.
Annexation/Rezoning
The City Planner reported that Lot #7, Acorn Lane is located approximately 1,162 feet south of White Oak Road, on the west side of Acorn Lane. It is zoned RS (Single Family Residential) in the County and is proposed for a City zoning classification of R-10 (Single Family Residential).
The requested annexation is for a single family home. The City Planner has been authorized by the Planning Commission and City Council to make the recommendation directly to the City Council on the annexation and zoning.
Mr. DePrima explained that to the north, west and south are single family homes in the County zoned RS (Single Family Residential). To the west is land owned by the City of Dover (Dover East Park) that is zoned R-20 (Single Family Residential).
The Comprehensive Plan recommends low density single family homes. The applicants wish to build a new single family home and they wish to be connected into the City water and sewer system.
Since it is compatible with the Comprehensive Plan and surrounding land uses, and because there is a need for City water, the City Planner recommended approval of the annexation along with an R-10 zoning designation.
Mr. Lambert moved that the property located on Lot #7 Acorn Lane, owned by Pedro and Christina Sanchez, be annexed into the corporate limits of Dover. The motion was seconded by Mr. Hare and by a unanimous roll call vote, Council adopted the following Resolution and Ordinance:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover:
ALL that certain lot, piece or parcel of land situated in East Dover Hundred, Kent County, State of Delaware, lying on the west side of Acorn Lane, a short distance south of White Oak Road, and being more particularly bounded and described in accordance with a recent survey by Robert L. Larimore, RLS, dated October 27, 1992, as follows, to wit:
BEGINNING at a concrete monument found in the west line of Acorn Lane, at a corner for this lot and for lands of Patricia A. Perkins, said point being located South 08 degrees 25 minutes East 1,162.92 feet from the intersection of the West line of Acorn Lane (50.00 feet wide) with the centerline of White Oak Road; thence from said beginning point along the west line of Acorn Lane, South 08 degrees 25 minutes East 100.00 feet to a concrete monument found in the west line of Acorn Lane at a corner for lands of Dorothy E. Boyce; thence along line of lands of Dorothy E. Boyce, South 81 degrees 35 minutes West 170.00 feet to a concrete monument found at a corner for lands of Dorothy E. Boyce in line of lands of the City of Dover; thence along line of lands of the City of Dover, North 08 degrees 25 minutes West 100.00 feet to a concrete monument found at a corner for lands of Patricia A Perkins; thence along line of lands of Patricia A. Perkins, North 81 degrees 35 minutes East 170.00 feet to the place of beginning and containing 0.3903 acres of land, be the same more or less.
2. The above described property shall be annexed into the City of Dover with a zoning classification of R-10 (single family residence) in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 27th day of July, 1993 at 12:01 a.m. o'clock.
ADOPTED: July 26, 1993
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT LOT #7 ACORN LANE
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 RS - Single Family Residence (Kent County Zoning Classification) to R-10 - Single Family Residence (City of Dover Zoning Classification).
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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS to R-10 on that property located at Lot #7 Acorn Lane, owned by Pedro and Cristina Sanchez.
ADOPTED: July 26, 1993
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on July 13, 1993 with Chairman Salters presiding.
Mr. Salters moved for approval of the following items, under the consent agenda format, seconded by Mr. Leary and unanimously carried:
Voting Procedures - Council Meetings
During their meeting of May 24, 1993, members of Council authorized staff to investigate the concept of utilizing an electronic voting system, and that in the meantime, roll call votes during Council Meetings be alternated. Since the use of alternating roll call votes during recent Council meetings, Mrs. Malone felt that it is cumbersome for the City Clerk and suggested that Council return to the original voting procedures.
Committee members suggested that this matter be placed on the next committee meeting agenda to allow members of Council the opportunity to consider the matter further and that members obtain the City Clerk's input on the matter.
The committee deferred action for additional information and presentation of bids on electronic voting systems.
Moratorium - White Oak Road
As directed by members during their meeting of June 15, 1993, staff submitted a Resolution that would institute a selective moratorium for new development on White Oak Road. Mr. Tony DePrima, City Planner, explained that the proposed moratorium would allow limited development by allowing projects that would generate less than 110 average daily trips per day (ADT). He explained that 110 ADT would allow 11 dwellings or a 1600 square foot retail addition.
The committee recommended approval of the Resolution to institute a selective moratorium for new development on White Oak Road.
Council adopted the following resolution:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
WHEREAS, it has come to the attention of Council through the Planning Commission, the City Planner, and contacts from residents in the area that a serious traffic problem exists on White Oak Road from the intersection with U.S. Route 13 and easterly to the city limits; and
WHEREAS, this problem has been pointed out to the City Planner in a letter from the Department of Transportation of the State of Delaware written by Anthony D. Peer, Intergovernmental Coordinator, where he talks about the White Oak Road problem as follows:
It lacks shoulders and sidewalks along portions of the road. The drainage should be closed from U.S. 13 to the new bypass. There are too many entrances. Some of these entrances should be shared and channelized. The intersection of White Oak Road and U.S. 13 operates at unacceptable levels of service. However, improvements to this intersection would be difficult and expensive because of the current right-of-way limitations.
WHEREAS, the Department of Transportation is conducting a detailed study of the White Oak Road/U.S. Route 13 intersection which it anticipates will be completed in August of 1992; and
WHEREAS, many residents in the area have registered complaints about traffic on White Oak Road and the inability of the road as presently improved accommodating this traffic because of its narrowness, lack of shoulders, and many entrances; and
WHEREAS, it appears that this traffic problem on White Oak Road presents an extremely dangerous situation to public use of this road which will be intensified if continued development is permitted in the area which would increase the volume of traffic on this road and would correspondingly increase the threat of more motor vehicle accidents; and
WHEREAS, in 1991 there was 28 motor vehicle accidents on White Oak Road; and
WHEREAS, Council views this as a unique situation where some action must be taken to control traffic on White Oak Road until necessary improvements can be made to accommodate this traffic and, therefore, to prevent and prohibit more traffic being generated on this roadway in the meantime and therefore declares that the only method available to accomplish this result is to declare a general moratorium on further development in the area which will increase the traffic on White Oak Road for the general health, welfare, and safety of residents in the area and users of the roadway, both motor vehicle and pedestrian.
THEREFORE, be it resolved by the Mayor and Council that:
1. A moratorium is hereby declared on further development in the area of White Oak Road from U.S. Route 13 easterly to the City limits which would increase the volume of traffic or potentially increase the volume of traffic on White Oak Road and to that end the City Planning Commission and Planning Staff are directed to not accept site plan, subdivision or conditional use applications as set forth in Article 10 of the Zoning Ordinance for any property on White Oak Road or which would have an outlet to White Oak Road which would increase or tend to increase the volume of traffic on White Oak Road more than 110 average daily trips in accordance with the DelDOT Subdivision Standards.
2. This moratorium shall be in effect until further action is taken by Council to relieve the moratorium and shall remain in effect until the Department of Transportation study is completed for this area and until improvements can be made to White Oak Road to correct the problems noted in the letter of the Department of Transportation dated March 25, 1992, but in no event shall this moratorium remain effective beyond one year from the date of this resolution unless further extended by Council by subsequent resolution based upon adequate showing of necessity for safety and for the general health, welfare, and convenience of the residents in the area and users of White Oak Road.
ADOPTED: July 26, 1993
Handicap Accessibility - Council Chambers
Council President Christiansen requested that staff review the accommodations of the Council Chambers for handicapped individuals and compliance with the American Disabilities Act (ADA). He suggested that staff include all costs that would be involved in complying with the ADA for a report back to the committee.
Proposed Ordinance - Music & Noise Emanating From Vehicles
Members consider adoption of an ordinance similar to the one recently adopted by the Town of Milford, which addresses the problems associated with loud music. Mr. Pitts requested review, feeling that the City's current ordinance needs to be stronger and should be amended to empower citizens and the police to eliminate the problem of noise.
Chief Smith advised members that Section 14-8 of the Dover Code is stronger than the ordinance recently adopted by the Town of Milford. He noted that the City's ordinance refers to "between the hours of 11:00 p.m. and 7:00 a.m.", which has caused confusion. Chief Smith advised members that the noise ordinance is in effect at all times. It was his feeling that a ten dollar ($10) fine does not deter anyone from violating the law and suggested that members consider increasing the fines.
The committee recommended that the matter be referred to the Chief of Police and City Solicitor for possible ordinance amendments in increasing fines.
Council took no further action.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 13, 1993. Mr. Tudor presided over the meeting in the absence of Chairman Pitts.
Greenway Lane Townhouses - Parkland Donation
In accordance with Article VI, Section F-2 of the Subdivision Regulations, members considered accepting a donation of .61+/- acres of land as public parkland for Greenway Lane Townhouses, as recommended by the Planning Commission. The property consists of 6.1+/- acres of land and the developers are proposing 65 single family attached homes.
The committee recommended that Council accept from the Greenway Lane Townhouses Development, .61+/- acres to meet the 10% land donation requirement under Article VI, Section F-2 of the Subdivision Regulations.
Mr. Tudor moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Mr. Pitts moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Leary and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 13, 1993. Mrs. Malone presided over the meeting in the absence of Chairman Hare.
Mr. Hare moved for approval of the following items, under the consent agenda format, seconded by Mr. Leary and unanimously carried:
Proposal to Prohibit Truck Traffic on West Walker Road
Members considered a letter from Mr. William Garfinkel, 9 Freedom Drive, requesting that the City restrict truck traffic over 5,000 pounds on West Walker Road; appropriately post said restriction; and ensure strict enforcement of the restrictions by the Dover Police Department. He indicated that large trucks pose a clear and present danger to the life and safety of those that live near and use West Walker Road. Mr. Garfinkel advised members that he has witnessed two very serious accidents at the entrance of Bicentennial Village. Due to the size of the road, he stated that large trucks must straddle the center of the road in order to avoid hitting children and other residents that are walking on the side of the road, leaving no room for on-coming vehicles.
Since West Walker Road is State maintained, Chief Smith advised that the request has been referred to DelDOT for their review and recommendation. The Police Department also has recommendations concerning traffic and safety on West Walker Road. Chief Smith recommended that action be deferred to allow the Police Department to meet with DelDOT for a report back to the committee.