REGULAR MEETING
February 23, 1970
The regular meeting of City Council was held on Monday, February 23, 1970 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Coyle, Hastings, Hayes, Holpp, Hughes, Legates and Walls.
The invocation was said by the Rev. George Higgins of the Peoples Church.
MINUTES
The minutes of the regular meeting of City Council held on February 9, 1970 were accepted and bore the written approval of Mayor Carroll.
HUGHES OATH OF OFFICE
The oath of office was administered to Councilman Hughes, re-elected to a two year term from the First District, by Judge William J. Storey, at the home of Mr. Hughes on February 10, 1970. Mr. Hughes was absent from the last Council meeting due to illness.
PLANNING COMMISSION APPOINTMENTS
On motion of Mr. Hayes, seconded by Mr. Hastings, Council confirmed the request of Mayor Carroll and made the following appointments to the City of Dover Planning Commission. Mr. Albert Holmes and Judge William J. Storey were re-appointed for three year terms, and Mr. Carleton Walls was appointed for a three year term. All three year terms expire February 28, 1973.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on February 16, 1970 was presented by Chairman Hayes. On motion of Mr. Walls, Council accepted the report as presented.
MOBILE HOME PARK (MHP) ZONE
On motion of Mr. Hastings, seconded by Mr. Coyle, Council removed from the table the proposed amendment to the Zoning Ordinance that would provide for Mobile Home Parks. This request has previously been advertised for public hearing and said hearing held on January 12, 1970, at which time action was tabled. On motion of Mr. Hastings, seconded by Mr. Coyle, Council at this time unanimously adopted the following Ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER, DELAWARE, AS APPROVED BY COUNCIL ON NOVEMBER 27, 1961
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, that effective this date, the Zoning Ordinance of the City of Dover, Delaware, is amended as follows, to wit:
1. That Article XIII, Definitions, is amended by adding to the said Article, a new definition, to be inserted between the existing definition of Main Floor and Non0Conforming Building Use, as follows:
Mobile Home. A single family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connections to utilities and the like, excluding, however, the single family dwelling which is designed to be place on a permanent foundation, is not designed to be readily moveable after the original occupancy as a single family dwelling, and conforms to the Building Code, Plumbing Code, Electrical Code and the Housing Code of the City of Dover.
2. That Article III, Use Regulations, is amended by adding the said Article, a new Section, as follows:
Section 3.2B Mobile Home Park (MHP) Zone
3.2B.1 Uses Permitted. No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used in whole or in part for any purposes, except as a Mobile Home Park for the leasing of mobile home stands for mobile homes designed for single family occupancy, provided that:
3.2B.11 The minimum number of mobile home stands completed and ready for occupancy before the first mobile home is permitted on the premises for residential use of thirty five (35) mobile home stands.
3.2B.12 No mobile home stand shall be leased or occupied for residential use of a mobile home except for periods of thirty (30) consecutive days or more.
3.2B.13 No mobile home shall be permitted in any Mobile Home Park unless it can be demonstrated that the mobile home meets the requirements of the United States of America Standards Institute publication “Standard for Mobile Homes, Body and Frame Design and Construction Requirements and the Installation of Plumbing, Heating and Electrical Systems”, USA Standard A119-1-1969.
3.2B.14 The entire lot occupied by a Mobile Home Park shall be maintained in single ownership throughout the entire life of the Mobile Home Park.
3.2B.15 A permanent standard residence for not more than one family shall be permitted, incidental to each Mobile Home Park, for the use of the owner, manager or caretaker of the Mobile Home Park.
3.2B.16 A permanent management office facility shall be permitted, which may include only the following:
(a) a management office with rooms for the usual office furniture and supplies
(b) storage space for utility connection supplies in quantity, mobile home accessories and maintenance materials and equipment
(c) laundry facilities equipped with washing machines and dryers
(d) community building facilities, including indoor recreation areas
3.2B.17 Signs and illumination are permitted as provided in Section 5.4 and as follows:
(a) One (1) sign announcing the name or insignia, or both, of the Mobile Home Park shall be permitted at each entrance to the Mobile Home Park from a public street or highway. The total area in square feet of each sign shall not exceed one hundred (100) square feet. Signs shall not extend more than ten (10) feet from the ground and shall be at least fifteen (15) feet from the street or highway right of way line. Lighting within two hundred (200) feet of another residential zone shall be designed and installed so as to prevent direct illumination upon such zones.
(b) Signs accessory to the permitted permanent management facility located on the same premises shall be limited to two (2) signs, with each sign not exceeding four (4) square feet. Such signs shall be parallel to the face of the building and no part thereof, including any illumination devices shall project more than twelve (12) inches beyond the face of the wall to which applied nor any distance beyond or above the building in any other direction.
(c) Internal direction signs, each with an area of not more than (2)square feet shall also be permitted.
3.2B.2 Site Development Plan Approval. Site development plan approval in accordance with Section 10.2 hereof shall be required prior to the issuance of building permits for the erection of any building and mobile home stands and related accessory structures. After initial site development plan approval, reapproval shall not be required prior to the issuance of building permits for the alterations to individual mobile home stands or accessory buildings such as storage areas and patios, which in the judgement of the Building Inspector do not materially alter the site development plan approved by the Planning Commission and are requested as adjustments to the mobile home lot leased by an individually family and designed for the convenience and comfort of the individual lessee.
3.2B.21 For purpose of preparing a site development plan for approval by the Planning Commission, and all subsequent improvements, alterations or additions, the applicant shall conform to the submission requirements and site development standards as set forth in the publication of the U.S. Department of Housing and Urban Development, Federal Housing Administration, entitled “Minimum Property Standards for Mobile Home Courts”, FHA No. 2424, August 1962, reprinted May 1968. Where applicable the approving authority shall be the “Dover Planning Commission” in lieu of the “FHA”.
3. That Article IV, Zone Bulk and Parking Regulations, is amended by adding to the said Article, a new Section as follows:
SECTION 4.13B BULK AND PARKING REGULATIONS FOR MOBILE HOME PARK (MHP) ZONE
Minimum Required:
Lot Area 5 acres
Lot Width (ft) 100
Lot Depth (ft) None Prescribed
Front Yard (ft) 40
Side Yard (ft) 25
Rear Yard (ft) 25
Off-Street Parking Spaces
Per Mobile Home 1.5
Per 300 sq. ft. of floot are in
Permanent Management Office
Facility 1.0
Maximum Permitted:
Building Height of Permanent Management
Office Facility
Stories 2
Feet 30
Adopted February 23, 1970
MOBILE HOME LICENSING ORDINANCE
The Legislative & Finance, Wages & Hours Committee has recommended that an Ordinance be adopted that would permit the licensing of Mobile Homes located within the City of Dover. On motion of Mr. Hastings, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LICENSING OF MOBILE HOMES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. On and after July 1, 1970 mobile homes in the City shall be licensed and the owners thereof shall pay an annual license fee of $30. The license fee shall be due on July 1 of each year and must be paid on or before September 30 of each year. Of not paid on or before September 30 a 1% per month penalty shall accrue on the unpaid balance of the license fee. The license fee shall be paid to and collected by the Collector of Taxes. Payment of the annual license fee shall be pro-rated on a quarterly basis for each fractional part of a year in which the mobile home is within the City of Dover.
2. For the purpose of this Ordinance.
“Owner” shall mean the person or persons designated in the title of the mobile home whether the title is issued by this State or by some other state.
“Mobile Home” shall mean a single family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location of jacks or permanent foundations, connections to utilities and the like, excluding, however, the single family dwelling which is designed to be placed on a permanent foundation, is not designed to be readily movable after the original occupancy as a single family dwelling, and conforms to the Building Code, Plumbing Code, Electric Code and The Housing Code of the City of Dover.
3. Every owner of a mobile home shall apply to the Collector of Taxes for a placement permit for each mobile home owned by him within 60 days after the mobile home is moved into this City.
4. Each mobile home park operator within the City of Dover shall be furnished with copies of this Ordinance and placement permit application forms, and shall then be obliged to give a copy of this Ordinance and a placement permit application form to every mobile home owner who moves a mobile home into his park, before the 15th day of the next succeeding month after placement.
5. Mobile home park operators within the City of Dover who lease land to 2 or more persons for parking mobile homes within the City of Dover shall maintain a lease records which shall be open for inspection at all time by the Collector of Taxes. Before June 2 of each year, each such mobile home park operator shall report tot eh Collector of Taxes, the names and addresses of all persons having mobile homes on his land.
6. Any title owner of a mobile home who neglects to file a placement permit within the time specified or who removes the mobile home form the City of Dover to avoid payment of the license fee shall be deemed to have violated the Code of the City of Dover, 1968, as amended.
7. A mobile home park operator who, after written notice from the Collector of Taxes, does not before June 2 of any year, file the report required by section 5 hereof or who fails to or refuses to furnish placement permit forms as provided in Section 4 hereof shall be deemed to have violated the Code of the City of Dover, 1968, as amended.
8. The license imposed by this Ordinance shall not apply:
(b) to unoccupied mobile homes located on a dealer’s display lot; and
(c) to mobile homes bearing a current license tag of this State.
Adopted February 23, 1970
NEW BUILDING COMMITTEE
In conjunction with the recently passed Bond Referendum, Mayor Carroll has requested of Council, that and Committee be formed, to be named the New Building Committee, to work with the City Manager in reviewing plans in connection with the proposed construction as authorized by the Bond Referendum. On motion of Mr. Legates, seconded by Mr. Biggs, Council confirmed the Mayor’s appointment of the following Councilmen to form the above committee: William A. Hayes, Chairman, Turner B. Hastings, Victor E. Holpp, and Randolph Hughes.
WILMINGTON TRUST COMPANY - STREET OPENING
A letter was received from the Wilmington Trust Company requesting permission to open the street bed of Kings Highway in connection with the building of a new bank building on the triangle at State Street and Kings Highway. The purpose of opening the street would be for the installation of pneumatic tubes for a television driveup unit that would be installed on the east side of Kings Highway. A representative of the company that installs these units was present and stated that their plans were very flexible and they would cooperate with the City in every way in installing these units. The installation of a driveup unit is dependent upon the rezoning of the property recently acquired by Wilmington Trust Company located on the east side of Kings Highway. On motion of Mr. Walls, seconded by Mr. Biggs, Council granted permission for the street opening subject to the rezoning and approval of the Planning Commission, and the working out of the details with the City pertaining to the utilities and services that presently are under Kings Highway, and could not be disturbed. Councilman Hughes requested to be recorded as ‘not voting’, due to his capacity as the State Banking Commissioner.
WILMINGTON COMPANY REZONING
A request was received from the Wilmington Trust Company to rezone property they own and property owned by G. Leslie Gooden on Kings Highway, for the proposed construction of a bank. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map of the City of Dover. On motion of Mr. Walls, seconded by Mr. Hastings, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Kings Highway is presently zoned for M, I0, and C-2A use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall on March 23, 1970 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from I0 to C-2 the property located at 27 Kings Highway, owned by the Wilmington Trust Company, to rezone from M to C-2 the property located at 39-41 Kings Highway, owned by G. Leslie Gooden, to rezoned from C-2A to C-2 the property located between State Street and Kings Highway, south of The Dinner Bell Inn and owned by Wilmington Trust Company.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
Adopted February 23, 1970
HURLEY REZONING
A request had been received from Mr. William H. Hurley III to rezone property he owns located between New and Queen Streets. A public hearing has been duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP AND THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED BETWEEN QUEEN STREET, NEW STREET, BANK LANE AND DUPONT STREET, FROM RG-1 TO RG-4 USE.
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 from RG-1 to RG-4 on that land described below.
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 shall be amended by changing the zoning designation from RG-1 to RG-4 on that land bounded by Queen Street, New Street, Bank Lane and DuPont Street.
Adopted February 23, 1970
PRISCILLA BLOCK REZONING
A request had been received from Dover Associates, Inc. to rezone from C-2 and H to C-2 that property located on the northwest corner of Loockerman Street and State Street. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing closed. No one was present to speak for or against the rezoning. The Planning Commission has recommended that this request be denied. A letter was read that had been received from The Friends of Old Dover, requesting that this request be denied. The Dover Associates request was to remove the Priscilla Block Building from the Historical Zone. Mayor Carroll declared the hearing closed. On motion of Mr. Hastings, seconded by Mr. Legates, Council by unanimous vote denied the request of the Dover Associates, Inc. as recommended by the Planning Commission.
GSA REZONING
Mayor Carroll stated that he had met with representatives of the Federal Government, General Services Administration and the Architect, in conjunction with the Federal office building that has been proposed for New and North Streets. The Architect has come back with a design of a contemporary nature with a flat roof, and stated that a “A” roof would be much more costly and not feasible due to the size of the building being designed. The general feeling of the Council was that the most recent design was acceptable, and requested that the Planning Commission take a look at it, and offer any recommendations that they might have.
LORE-ELLIS REZONING
A request has been received from Mrs. Anne E. Carr, to rezone a parcel of land she owns on the west side of U.S. Route 13, north of the Towne Point Motel. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map of the City of Dover. On motion of Mr. Legates, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the west side of U.S. Route 13 is presently zoned for R-7 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall on March 23, 1970 at 8:10 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-7 to RG-2 and C-1A that land located on the west side of U.S. Route 13, north of the Towne Point Motel, owned by Anne E. Carr, the equitable owner being Lore-Ellis Realty Company, and containing approximately 30,000 sq. ft.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted February 23, 1970
KENT COUNTY VOTER REGISTRATION
A request has been received from the Kent County Department of Elections to hold two (2) voter registrations in the Dover Police Station on September 12, 1970 and October 17, 1970, from 10:00 A.M. until 7:00 P.M. On motion of Mr. Walls, seconded by Mr. Hastings, Council granted permission to the Kent County Department of Elections as requested.
YMCA
A letter was received from the Dover YMCA announcing a meeting to be held on February 25, 1970 at 8:00 P.M. with the YMCA and related organizations to talk about recreation in and around Kent County. Mayor Carroll stated that he would be unable to attend and asked Councilman Hastings, Chairman of the Parks, Playgrounds & Trees Committee, is he would represent the City of Dover and invite anyone from the City of Dover Staff that he would like to have accompany him.
RICHARDSON ASSOCIATES, INC. TRAILER
A request has been received from the Edward H. Richardson Associates, Inc. to place a mobile trailer at the rear of the building located at 63 N. DuPont Highway. Richardson Associates has recently purchased this building, which has been occupied by State agencies, which were supposed to move into the Townsend Building, now being construction on Federal Street. The delay in the construction of the Townsend Building has created problems, in so far as the State Agencies vacating the property at 63 N. DuPont Highway. The request is for a 4-6 month period, and will not require the use of any City utilities. On motion of Mr. Hughes, seconded by Mr. Walls, Council by unanimous vote authorized the use of the trailer as requested by Edward H. Richardson Associates, Inc., this authorization to expire on September 1, 1970.
RODNEY VILLAGE ANNEXATION REQUEST
A request has been received from the Rodney Village Civic Association asking the City of Dover to hold a referendum for the purpose of determining whether annexation into the City of Dover is desirable to the residents of Rodney Village at this time. Council acknowledge receipt of the letter and adopted the following resolution.
ANNEXATION RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover, authorized the 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 south of the present City Limits and hereinafter more particularly described within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situated in East Dover Hundred, Kent County and State of Delaware and more particularly bounded and described herein be annexed to the City of Dover:
ALL those certain lots, pieces or parcels of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
BEGINNING at the point of intersection of the northerly right of way line of Wyoming Avenue with the westerly right of way line of Governors Avenue; thence with the said northerly right of way line of Wyoming Avenue in an easterly direction to the easterly right of way line of State Street; thence with the said easterly right of way line of State Street and in a southerly direction to the northwesterly right of way line of U.S. 13; thence with the said northwesterly right of way line of U.S. Route 13 and in a southwesterly direction to the center line of Issac’s Branch; thence with the said center line of Issac’s branch in a westerly direction to the easterly line of Harvey Kesselring, and thence with the said easterly line of Harvey Kesselring and with the westerly line of the Rodney Village Development and in a northerly direction to the northerly right of way line of Webbs Lane; thence with the said northerly right of way line of Webbs Lane and in an easterly direction to the easterly property line of the Mayfair Development and in a northerly direction to a southerly property line for the Mayfair Development; thence with the said southerly property line of the Mayfair Development and in a southeasterly direction and being parallel to and southerly from Kesselring Avenue to the westerly line of South Governors Avenue; thence with the said westerly line of South Governors Avenue and in a northeasterly direction to the northeasterly property line of Crossgates; thence with the said northeasterly property line of Crossgates and in a northwesterly direction being parallel to and northeasterly from Fiddler’s Green to the center line of Puncheon Run; thence with the said center line of Puncheon Run and in an easterly direction to the westerly right of way line of South Governors Avenue, thence with the said westerly right of way line of South Governors Avenue and in a northerly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 18th day of April A.D., 1970 commencing at the hour of 1:00 P.M. in the Rodney Village Shopping Center, the polling place being the store formerly occupied by Mark’s of Dover, Inc., for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted February 23, 1970
COUNCIL ADJOURNED AT 8:50 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by Council at its meeting of February 23, 1970 are hereby approved.
February 25, 1970 Crawford J. Carroll Mayor