SPECIAL COUNCIL

SPECIAL CITY COUNCIL MEETING The Special City Council Meeting was held by video conference on June 7, 2021 at 7:05 p.m. with Council President Sudler presiding. Council members present via video or telephone were Mr. Anderson, Mr. Boggerty, Mr. Neil (arrived at 7:11 p.m.), Mr. Hare, Mrs. Arndt, Mr. Rocha, Mr. Taylor (arrived at 7:09 p.m.), and Mr. Lindell. Staff members present via video or telephone were Mrs. Melson-Williams, Mr. Swierczek, and Mrs. McDowell. ADOPTION OF AGENDA Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. PUBLIC HEARINGS - PROPOSED ORDINANCES A public hearing was duly advertised for this time and place to consider Proposed Ordinance #2021-10, which would amend the Zoning Ordinance and Zoning Map of the City of Dover by changing the zoning designations to conform with the 2019 Comprehensive Plan, as amended; Proposed Ordinance #2021-11, which would consider a series of plan text changes to Table 12-1: Land Use and Zoning Matrix of the 2019 Comprehensive Plan, as amended; and Proposed Ordinance #2021-12 which would consider a series of amendments to Map 12-1: Land Development Plan Map of the 2019 Comprehensive Plan, as amended. Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation titled “Comprehensive Rezoning 2021 Project and Associated Comprehensive Plan Amendments 2021 Set #2” (Exhibit #1). Mr. Julian Swierczek, Planner I, stated that the entire process had been driven by interactions with the public. He provided an overview of the different methods in which they have attempted to communicate their findings with the public and get their feedback, which includes displays, an interactive website which is also linked to the City’s website, mailings, virtual meetings and ads posted in the Dover Post, News Journal and Delaware State News. COMPREHENSIVE ZONING MAP AMENDMENT - PROPOSED ORDINANCE #2021-09 Mrs. Dawn Melson-Williams, Principal Planner, provided background information regarding Comprehensive Zoning Amendment - Proposed Ordinance #2021-09. These recommendations of parcels for Rezoning have been identified as part of the Comprehensive Rezoning 2021 Project and were presented in map and listing formats on page 26 of the presentation titled “Comprehensive Rezoning 2021 Project and Associated Comprehensive Plan Amendments 2021 Set #2”. Mrs. Melson-Williams advised that there are two parcels, #128 and #161, that the Planning Commission took into account public testimony and recommended retaining the current zoning classifications rather than what Staff proposed. Mr. Anderson asked if there was any public concern about the far-western part of Route 8 in the rezoning. Responding, Mrs. Melson-Williams stated that in that series, the properties that were

CITY COUNCIL MEETING OF JUNE 7, 2021 PAGE 2 identified were the ones where the two maps did not match up. She advised that the biggest change in the western part of the City along Route 8 is to the property that is now Dover High School. She stated that it currently has a residential zoning classification and the development of that property into the high school was a conditional use, meaning it had to have a special review process with the Planning Commission. Mrs. Melson-Williams advised that now that it is a well-established campus the more appropriate zoning classification is IO - Institutional and Office. She noted that some of the other changes in that western reach of the City involve the open space scenario in the residential subdivision. Council President Sudler declared the public hearing open. There being no one present wishing to speak, Council President Sudler declared the public hearing closed. Mr. Neil moved for approval of the Planning Commission recommendations. The motion was seconded by Mr. Hare and unanimously carried. COMPREHENSIVE PLAN AMENDMENT 2021 SET #2 - PROPOSED ORDINANCE #2021-10 Mrs. Dawn Melson-Williams, Principal Planner, provided background information regarding Comprehensive Plan Amendment 2021 Set #2 - Proposed Ordinance #2021-10. She noted that the changes to the Land Use and Zoning Matrix will add several zoning districts to certain Land Use Categories. Mrs. Melson-Williams advised that they were recommending adding a R-10 - One family Residence Zoning to the Residential Medium Density Land Use Category, which would be a slightly larger lot. She noted that they were also recommending the addition of C-3 - Service Commercial and SC-1 - Shopping Center Commercial zoning districts to the Commercial - Low Intensity Land Use Category. Mrs. Melson-Williams noted that in both cases, those types of activities in those zones can be considered low intensity, however, they may also be found in a Commercial High Intensity area. Mrs. Melson-Williams advised that the other change on the Land Use and Zoning Matrix was listed under Open Space and states that open spaces may also exist in other zones. She noted that open spaces do not have to be zoned ROS - Recreational and Open Space or RC - Recreational and Commercial. The Planning Commission reviewed the proposal and recommended approval of the revised Table 12-1, as presented by Staff. Council President Sudler declared the public hearing open. Mr. James Lockerman, P.O. Box 57, Cheswold, stated that he did not wish to rezone his property located on McKee Road, listed as property #78, which is currently zoned as industrial land. He noted that he did not want to rezone because of the land value.

CITY COUNCIL MEETING OF JUNE 7, 2021 PAGE 3 There being no one else present wishing to speak, Council President Sudler declared the public hearing closed. Mr. Anderson moved to reconsider property #78 which was considered during the Public Hearing for Proposed Ordinance #2021-09 - - Comprehensive Zoning Map Amendment. The motion failed for lack of a second. Mr. Neil moved to approve the changes in Table 12-1, as recommended by Staff. Mr. Anderson raised a point of order, stating that because this is an ordinance the Charter requires a roll call. Mrs. Traci McDowell, City Clerk, advised that they were not voting to adopt the ordinance, but that the motion is on the recommendations that the Planning Department will bring forward during the City Council meeting scheduled for June 14, 2021 for them to vote on the ordinance. Mr. Neil moved to approve the changes in Table 12-1, as recommended by Staff. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Anderson moved to reconsider agenda item #1 - Comprehensive Zoning Map Amendment - Proposed Ordinance #2021-09, seconded by Mr. Neil and unanimously carried. Mr. Anderson moved to accept the Planning Commission recommendation regarding Comprehensive Zoning Map Amendment - Proposed Ordinance #2021-09 with the exception of property #78, which will be extracted and returned to Staff. The motion was seconded by Mr. Taylor. Mr. Neil asked for more information from Staff regarding property #78. Responding, Mrs. Melson-Williams stated that property #78 is owned by James B. Lockerman and is just an address of McKee Road. She noted that it is currently zoned as IPM - Industrial Park Manufacturing and was originally proposed to be rezoned as ROS - Recreational and Open Space because of the proximity to the waterway and likely impacts related to the flood plain. Mrs. Melson-Williams stated that they could retain the zoning of IPM and that there are other provisions of the code that deal with proximity to water bodies, wetland areas and flood plains. Mr. Neil stated that he had no objections to having the property retain its current zoning classification is because there are other safeguards to the waterway and he felt there is no problem with keeping it as IPM - Industrial Park Manufacturing. Mr. Anderson moved to accept the Planning Commission recommendation regarding Comprehensive Zoning Map Amendment - Proposed Ordinance #2021-09 with the exception of property #78, which will be extracted and returned to Staff. The motion was seconded by Mr. Taylor and unanimously carried.

CITY COUNCIL MEETING OF JUNE 7, 2021 PAGE 4 COMPREHENSIVE PLAN AMENDMENT 2021 SET #2 - PROPOSED ORDINANCE #2021-11 Mrs. Dawn Melson-Williams provided background information regarding Comprehensive Plan Amendment 2021 Set #2 - Proposed Ordinance #2021-11. The Recommendations for the Land Use Classifications to be revised is for a series of parcels citywide as discovered during the parcel-by-parcel analysis and/or Comprehensive Rezoning Project process and are as listed in the Summary Chart of Land Use Classifications. The Planning Commission recommended approval of the revised Map 12-1 as listed and proposed by Staff. Council President Sudler declared the public hearing open. There being no one present wishing to speak, Council President Sudler declared the public hearing closed. Mr. Neil moved to approve the Planning Commission recommendation to approve the revised Map 12-1 as listed and proposed by Staff. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:06 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of June 7, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\06-07-2021 SPECIAL COUNCIL.wpd Exhibits Exhibit #1 - Presentation entitled "Comprehensive Rezoning 2021 Project and Associated Comprehensive Plan Amendments 2021 Set #2"