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Page 1
EXHIBIT #1
Regular Council Meeting of 09/10/2007
Good News
E-Payments
The Start of Something New
Page 2
Good News - E-Payments
Last year, our web site visitors could view
property tax information on-line.
This year, they can pay their property
taxes on-line.
30 tax bills were paid on–line.
Page 3
Good News - E-Payments
Page 4
Good News - E-Payments
To participate 24 x 7
Sign-up on-line with your e-mail address
Select the property
Accept the convenience fee of $5
Pay with your credit card
Print your receipt.
Page 5
Good News - E-Payments
Use with Confidence:
Payments are processed and appear on-line
within a business day.
Escrowed taxes are identified to prevent
duplicate payment.
Secured web site used (note padlock
symbol)
Credit card numbers are not stored
on our computers.
Page 6
Good News - E-Payments
This is our first service with an on-line payment
option for our customers.
More services and payment options will follow.
This was a combined effort of I/T, Finance, and
Customer Service personnel.
Page 7
EXHIBIT #2
Regular Council Meeting of 09/10/2007
PETITION TO AMEND ZONING DISTRICT
Before the Dover City Council
September 10, 2007
Applicants/Owners: Halpern Family Partnership One
Property Addresses: 967 South Governors Avenue
Tax Parcel ID #: ED-05-077.17-03-06.00-000
Size: 6,600 SF
Present Zoning: R-8 (One Family Residence Zone) &
C-PO (Commercial/Professional Office Zone)
Proposed Zoning: C-PO (Commercial/Professional Office Zone)
Present Use: Office Building & Single Family House
Comprehensive
Plan Designation: Commercial
Proposed Use: Office Building to remain; House to remain; Parking lot to expand
behind the house
File Number: Z-07-09
Planning Commission
Recommendation: Following a public hearing on August 20, 2007, Planning
Commission recommended that the southern portion of the subject
parcel be rezoned to C-PO (Commercial/Professional Office
Development District).
Page 8
EXHIBIT #3
Regular Council Meeting of 09/10/2007
PETITION TO AMEND ZONING DISTRICT
Before the Dover City Council
September 10, 2007
Applicants/Owners: Bruce D. Fisher
33718 Wescoats Road, Suite A
Lewes, DE 19958
Location: South side of Roosevelt Avenue, east of Route 13 (South DuPont
Highway)
Property Addresses: 118 & 122 Roosevelt Avenue
Dover, DE 19901
Tax Parcels ID #: ED-05-077.18-02-83.00-000 & ED-05-077.18-02-84.00-000
Size: 0.5760 ± acres
Present Zoning: R-8 (One Family Residence Zone)
Proposed Zoning: C-4 (Highway Commercial Zone)
Present Use: Residential
Comprehensive
Plan Designation: Commercial
Proposed Use: Commercial - Business
File Number: Z-07-08
Planning Commission
Recommendation: Following a public hearing on August 20, 2007, Planning
Commission recommended that the parcel be rezoned to C-1A
(Limited Commercial Zone).
Page 9
This zoning change is being requested by the Dr. Bruce Fisher. The subject parcels are currently
zoned R-8 (One Family Residence Zone). The applicant is requesting C-4 (Highway
Commercial Zone) zoning. Tax Parcels: ED-05-077.18-02-83.00-000 & ED-05-077.18-02-
84.00-000.
Existing Property:
Each subject parcel currently has a house on them. Each address has an active Rental Dwelling
permit as of June 28, 2007.
Surrounding Land Uses:
The land adjacent to the site to the north across Roosevelt Avenue, to the south and to the west is
zoned C-4 (Highway Commercial Zone). The adjacent property south and west is currently used
as an auto dealership. To the east, there is residential land zoned R-8 (One Family Residence
Zone). To the north, across Roosevelt Avenue, there is a commercial parcel zoned C-1A
(Limited Commercial Zone) between the C-4 (Highway Commercial Zone) and the residentially
zoned parcels to the east.
Comprehensive Plan:
In the 2003 Comprehensive Plan Update, as amended May 2005, September 2006 and February
2007, the Land Development Plan recommends that this property be used for Commercial Use.
The requested C-4 (Highway Commercial Zone) is consistent with this category of uses.
Request for C-4 (Highway Commercial Zone)
Article 3, Section 16. Highway commercial zone (C-4).
16.1Uses 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 purposes except the following:
16.11 Uses permitted in the service commercial zone (see section 15).
16.12 In addition, the following may be permitted:
(a) Drive-in facilities designed primarily to provide goods and services to persons while
they are in automobiles, including drive-in eating establishments.
(b) Motels and eating establishments.
(c) Outdoor recreational facilities.
(d) Auction establishments, and roadside vegetable markets.
(e) Theaters, clubhouses and places of worship.
(f) Establishments selling trailers, and memorial stones.
(g) Household moving firms and related storage facilities.
(h) Trucking terminals, including service, storage and repair.
(i) Building contractors, construction materials and related equipment storage, provided
that storage areas shall be screened from public view.
(j) Offices and retail establishments.
(k) Bus terminals.
(l) Adult entertainment establishments, subject to the provisions stated in article 5,
section 13.
16.13 The following uses are permitted, conditional upon the approval of the planning
commission in accordance with the procedures and subject to the general conditions set forth in
section 10.1 and to any specified requirements set forth below:
(a) Crematory, subject to the following requirements:
(i) The building lot line upon which a crematory is to be established shall be
located at least 100 feet from any residential zone.
(ii) Where adjacent to residential zones. All landscape buffers shall be required.
The buffer shall consist of a landscape screen no less than six and one half (6
Page 10
Z-07-08 Lands of FL&D, Inc.
Report to City Council September 10, 2007
Page 3
1/2) feet high. All landscaping shall be properly maintained throughout the life of
the use on lot.
(iii) Loading operations shall be conducted within a completely enclosed
building. Location of loading doors shall be at the side or rear of the building.
(iv) The crematory shall comply with the Delaware Incinerator Regulations. A
copy of the approved air pollution permit issued by the State of Delaware
Department of Natural Resources and Environmental Control shall accompany
the application for a certificate of occupancy.
Article 4, Section 4.15. [C-3, C-4, R-C, IO zones.]
Bulk and parking regulations for service commercial (C-3), highway commercial (C-4), recreation
and commercial (R-C) and institutional and office (IO) zones [are as follows]:
TABLE INSET:
C-3
C-4 RC IO
Minimum required:
5
Lot area
acres
100
Lot width (ft.) 150 per building 250 50
100
Lot depth (ft.) 150 400 100
Front yard (ft.) 25 30 30 20
Side yard (ft.) 20 25 50 10
10 or equal to bldg. 15 or equal to
Rear yard (ft.) 10 50
height bldg. height
Side or rear yards which adjoin a
30 30 100 30
residence zone (ft.)
Off-street parking
Per 300 sq. ft. floor area or 1 1 1/2 1 1
Per employee (whichever is
1 1 1
greater)
Maximum permitted:
Building height
Stories 2 4 10 10
Feet 30 45 130 130
Floor area ratio 0.5 2.0 4.0 4.0
Lot coverage 85%
Recommendation of the Planning Staff:
This request is to rezone land from R-8 (One Family Residence Zone) to C-4 (Highway
Commercial Zone). The current residential zoning of the two parcels is inconsistent with the
Comprehensive Plan, while the requested zoning is consistent with the Comprehensive Plan.
Page 11
Z-07-08 Lands of FL&D, Inc.
Report to City Council September 10, 2007
Page 4
The lots meet the minimum lot depth requirement for the C-4 (Highway Commercial Zone), but
they do not meet the minimum lot width either individually or combined (combined lot width of
120 feet). Applying C-4 (Highway Commercial Zone) would create both uses and lot widths that
do not conform to the district requirements. Depending on the zoning classification for the
properties, the properties would be subject to the Zoning Ordinance, Article 7 – Nonconforming
Buildings and Use.
While staff has some concern about C-4 (Highway Commercial Zone) zoning on land without
frontage on the highway, the requested zoning is consistent with the Comprehensive Plan and the
surrounding land uses and zones. The parcels are surrounded on three sides by lands zoned C-4
(Highway Commercial Zone). For this reason, staff would support the requested zone.
If the C-4 (Highway Commercial Zone) is deemed inappropriate for the site, C-1A (Limited
Commercial Zone) may be an appropriate zoning classification because there is land of this
zoning classification near the subject parcels to the northeast.
The staff recommendation was made prior to public hearing before the Planning Commission.
Following a public hearing on August 20, 2007, the Planning Commission unanimously
recommended C-1A (Limited Commercial Zone) zoning. The Planning Commission motion is
as follows:
Mr. von Reider moved to forward recommendation to City Council for Z-07-08 FL&D, Inc., 118-
122 Roosevelt Avenue to rezone the property to C1-A, seconded by Colonel Welsh and the
motion was unanimously carried.
Page 12
Z-07-08
The Lands of Bruce Fisher
118 & 122 Roosevet Avenue
R-8 R-8
US R-8
R-8 LOT
R-8
K DUP
PAR EEN
R-8 O NT
EVE
R-8 R-8
RG R
C-4
R IS
MOR
R-8
R-8
C-4
ORCHARD
R-8
MHP
R-8
C-4
C-1A
ROOSEVELT R-8
C-4 R-8
SITE
RG-2
SC-2 T
ON
D UP
C-4
R-20
Legend
Dover_Parcels
City of Dover
Department of Planning
0 225 450 900 Feet
¯
Z-07-08 The Lands of Bruce Fisher
Parcel IDs: ED-05-077.18-02-84.00-000 and ED-05-077.18-02-83.00-000
Acres: 0.576 +/- Total The material is for reference purposes only,
Council District 2 and the City makes no warranty, representation,
or guaranty as to the accuracy of the material.
Current Zoning: R8 (One Family Residence Zone)
The material is in the public domain and may be
Proposed Zoning: C-4 (Highway Commercial Zone) copied without permission.
Page 13
Z-07-08
The Lands of Bruce Fisher
118 & 122 Roosevet Avenue
R-8
EV R-8
ER
G RE
EN
T
C-4 PO
N
DU
T
PO
N
DU
C-4
R-8
C-1A
ROOSEVELT
R-8
SITE
C-4
RG-2
Legend
Dover_Parcels
City of Dover
Department of Planning
0 90 180
R-20
360 Feet
¯
Z-07-08 The Lands of Bruce Fisher
Parcel IDs: ED-05-077.18-02-84.00-000 and ED-05-077.18-02-83.00-000
Acres: 0.576 +/- Total The material is for reference purposes only,
Council District 2 and the City makes no warranty, representation,
or guaranty as to the accuracy of the material.
Current Zoning: R8 (One Family Residence Zone)
The material is in the public domain and may be
Proposed Zoning: C-4 (Highway Commercial Zone) copied without permission.
Page 14
This zoning change is being requested by Halpern Family Partnership. The subject parcel is
currently zoned C-PO (Commercial/Professional Office Zone) and R-8 (One Family Residence
Zone). The applicant is requesting C-PO zoning for the entire parcel, with the exception of a
portion that fronts South Bradford Street.
Existing Property
The subject parcel is the home of Halpern Eye Associates. The southern portion of the parcel is
currently zoned R-8 (One Family Residence Zone) where a single family residential dwelling is
located.
Surrounding Land Uses:
The remainder of the subject parcel to the north is zoned C-PO (Commercial/Professional Office
Development District), the other adjacent parcels on Governors Avenue and Bradford Street are
zoned R-8 (One Family Residence Zone) and are currently residential in use.
Comprehensive Plan:
In the 2003 Comprehensive Plan Update, as amended in May 2005, September 2006 and
February 2007 the Land Development Plan recommends that this property be used for
Commercial. The C-PO (Commercial and Professional Office Zone) is consistent with this land
use category. The current R-8 (One Family Residence Zone) portion of the parcel is inconsistent
with the category.
Request for C-PO (Commercial/Professional Office Development District)
The types of permitted uses in the C-PO (Commercial/Professional Office Development District)
are outlined in Article 3 §26.
26.3Uses permitted. In a commercial/professional office development district, no
building or premises shall be used, and no building or part of a building shall be
erected, which is arranged, or designed to be used, in whole or in part, for any
purpose except the following:
26.31 Business, professional or governmental offices.
26.32 Banks, savings and loan associations, investment companies, credit
bureaus, brokers and similar financial institutions.
26.33 Service agencies, such as real estate agencies, insurance
agencies, computer services, [and] travel agencies.
26.34 Medical and dental offices including clinics and laboratories
incidental to these uses.
26.35 Offices for philanthropic and eleemosynary institutions and
organizations.
26.4Conditional uses. The following uses are permitted, conditioned upon the
approval of the planning commission in accordance with the procedures and
subject to the general conditions set forth in article 10, section 10.1 [1] (approval
of conditional uses):
26.41 After a building complex in this zone has reached a gross floor area
of 100,000 square feet, then the following uses shall be permitted as
conditional uses:
Page 15
Z-07-09 Lands of Halpern Family Partnership One
Report to City Council September 10, 2007
Page 3
(a) Cafeteria.
(b) Restaurant.
(c) Barbershop/beauty shop.
(d) Copy center.
(e) Office supply.
(f) Retail store.
(g) Newsstand.
(h) Spa and health club.
(i) Associated laboratories (other than those affiliated with
permitted medical uses).
26.42 Drive-in facilities for any permitted use, designed primarily to
provide services to persons while they are in automobiles.
26.43 Residential. Apartments, provided that no dwelling units shall be
permitted on the first floor and at least two off-street parking spaces shall
be provided in the area for each apartment.
Recommendation of the Planning Staff:
This request is to rezone land from R-8 (One Family Residence Zone) to C-PO
(Commercial/Professional Office Development District). A portion of the subject parcel is
currently zoned C-PO (Commercial/Professional Office Development District).
The 2003 Comprehensive Plan Update initially showed this entire parcel and adjacent parcels
south along Governors Avenue to Wyoming Avenue as Commercial on the Land Development
Plan Map. When the Comprehensive Rezoning project (MI-05-02) was completed in 2005, the
rezoning of a series of properties to R-8 to CPO was proposed in order for the zoning to be
consistent with the Comprehensive Plan. In response to strong public objection to the proposed
rezoning, the Planning Commission recommended against the rezoning and recommended the
modification of the land use designation on all except the subject parcel to Residential Medium
Density. City Council upheld this recommendation to maintain the current R-8 (One Family
Residence Zone) zoning and to reflect the change in land use designation. The overall parcel at
967 South Governors Avenue retained the land use designation of Commercial. While staff is
aware of the history of rezoning requests in this area and the concerns about expanding
commercial zoning, the requested zoning cleans up a split zoning and is consistent with the
Comprehensive Plan.
Because this request is consistent with the Comprehensive Plan, staff supports the request for C-
PO (Commercial/Professional Office Development District) zoning in this location. Staff
recommends that the Planning Commission forward a recommendation to City Council to
approve the request to expand the C-PO (Commercial/Professional Office Development District)
zoning to the south property line of the subject parcel.
The staff recommendation was made prior to public hearing before the Planning Commission.
Following a public hearing on August 20, 2007, in which several neighbors of the property spoke
in opposition to the proposed rezoning application, Planning Commission voted to recommend in
favor of the rezoning to C-PO (Commercial/Professional Office Development District).
Page 16
Z-07-09 Lands of Halpern Family Partnership One
Report to City Council September 10, 2007
Page 4
The following is a summary of public testimony before the Planning Commission, along with the
Planning Commission deliberation and motion regarding the rezoning application:
Toni Gillis – 1086 S. Bradford Street – Stated that the property that they are proposing to rezone partially or to
combine is caddy corner behind her house and parking has been done here illegally for awhile and now they are
proposing to put it legally behind her house and sandwiched between other residences. She is not in favor of this.
Dr. Halpern has been given parking spaces at the Grange for his employees and she lives in this neighborhood and
the widening of Governors Avenue has not deterred the building of residences across the street from Dr. Halpern
and she does not feel that they should continue to take away the residential community. We live in that area
partially because it is convenient. It is convenient for retirees, it is convenient for retirees when they cannot drive
any longer, they are convenient to the hospital, and convenient to her church and place of work which is right on
The Green. For her to consider going to areas outside of the City because the City keeps rezoning everything
commercial is not an option for her. This infringes upon her privacy and the quite in her neighborhood and she is
not in favor of it.
Beatrice Kemp – Stated that she lives two doors from Dr. Halpern and it is just inconvenient with the cars parking
right there and all of the noise and then on weekends there are cars in there and there is more noise. If they get this
much, they will take the one next door. There is another house next door and Dr. Halpern has got it fenced off and
he was using it illegally and now he is trying to get it zoned right.
Mr. von Reider stated that he remembers that when they were looking at the property before for rezoning the tax
parcel 03 that faces on Wyoming Avenue there was a lot of gravel in there. Responding to Mr. von Reider, Mrs.
Townshend stated that this is all part of that; however, this is not part of the rezoning. The parking area is not in
compliance with the Zoning Ordinance and Staff has been working on stopping it. The issue that Dr. Halpern is
bringing forward is that e needs additional parking and we have been monitoring this area and there have not been
cars parking in there during the business hours; however, we do want to get this cleaned up and restored to a lawn.
Mr. von Reider further questioned what the hours of operation are? Responding to Mr. von Reider, Dr. Halpern
stated that three days a week they are 8:00 AM to 8:00 PM, Saturdays 9:00 AM to 3:00 PM and the rest of the days
8:00 AM to 5:00 PM.
Mrs. Townshend stated with regards to the issue on the driveway, currently, there is a gravel driveway that comes
off of Wyoming Avenue that goes back to a gravel lot and this is the lot that has been of issue and never received
Site Plan approval. The Zoning Ordinance prohibits having a driveway through a zone for a use that is not permitted
in that zone. There are a number of reasons that this lot does not comply. This would be an expansion of the current
lot on Governors Avenue and would take access off of Governors Avenue. By virtual of having approval through the
Planning Commission, would be subject to the buffer and barrier requirements that the Zoning Ordinance has. This
could mitigate some of the problems that are here now with the issues of the parking lot that is here now and should
not be.
Mr. von Reider further questioned that if they rezone this last piece what would be the buffering requirements?
Responding to Mr. von Reider, Mrs. Townshend stated that buffering would be required because it is adjacent to
residential it would require Site Plan approval.
Mr. Tolbert questioned what would be the extraordinary noises that emanates from this facility? Responding to Mr.
Tolbert, Mr. Halpern stated that to his knowledge there has not been any and maybe a question that you may want to
ask the Dover Police Department to see if they have had any complaints because he does not believe that there have
been any.
Mr. von Reider stated that given the same logic that he just used to deny a C-4 zoning the reverse of that applies
here. The fact that we have a piece of parcel that has split zoning and it would make sense to make it one zoning
and that CPO is an appropriate zoning use of this area. We have often used CPO zoning to create a buffer between
high intensity commercial or industrial and residential areas. He does hope that as part of this, the City will
Page 17
Z-07-09 Lands of Halpern Family Partnership One
Report to City Council September 10, 2007
Page 5
vigorously pursue the stoppage of all illegal parking and a drive through from parcel to parcel behind Ms. Kemps
house and this area.
Mr. von Reider moved to forward recommendation to City Council for approval of Z-07-09 Lands of Halpern
Family Partnership to CPO zoning classification, seconded by Mr. Tolbert and the motion was unanimously
carried.
Colonel Welsh stated that he would like clarification on tax parcel 03 is owned by Mr. Halpern and this is what the
people are using now to transit. Can we make it a condition of approval upon Mr. Halpern that he stop the traffic?
Responding to Colonel Welsh, Dr. Halpern stated that there is currently no traffic there it has been shut down.
Mrs. Townshend stated that you could not condition a rezoning; however, we will be talking to Dr. Halpern and his
team to remedy the situation.
Dr. Halpern stated that he refenced and cleaned out this whole back so that the neighbors on Bradford Street are
looking at a fence and they really cannot see cars. The entranceway is a driveway from the other house.
Mr. Friedman stated that he would abstain from the vote as he has a business located on Bradford Street and he has
parking issues as well.
Page 18
Z-07-09
The Lands of Halpern Family Partnership One
967 South Governors Avenue
RGO
R-8
R-8 R-8 R-8 C-1A C-1A
C-1A R-8
RGO
WAPLES
R-8
R-8
C-1A
RGO
R-8
GOVERNORS
MONROE
BRADFORD
R-8 R-8 R-8
R-8
RGO C-1A
R-8 CPO R-8
RGO
SITE R-8
IO
WYOMING AVE
R-8
STATE
R-8 RG-1
RGO RGO
R-8
WYOMING
R-8
C-PO
R-8 C-2A
R-8 C-1 C-3
¯
JEFFERSON
C-4
C-1A RGO
R-8 C-1A
Legend
R-8
R-8
R-10
Dover_Parcels C-2A SC-2
0 145 290 580 Feet
City of Dover
Department of Planning
Z-07-09 The Lands of Halpern Family Partnership One
Parcel ID: ED-05-077.17-03-06.00-000
Acres: 0.4545 +/- Total The material is for reference purposes only,
Council District 2 and the City makes no warranty, representation,
or guaranty as to the accuracy of the material.
Current Zoning: CPO (Commercial/Professional Office)
The material is in the public domain and may be
R8 (One Family Residence Zone) copied without permission.
Proposed Zoning: CPO (Commercial/Professional Office)
Page 19
Z-07-09
The Lands of Halpern Family Partnership One
967 South Governors Avenue
C-1A
R-8
RGO
R-8
CPO
GOVERNORS
R-8 BRADFORD
R-8
R-8
SITE
WYOMING AVE
RGO
WYOMING
¯
R-8
C-1
C-PO
Legend C-2A
C-3
Dover_Parcels
C-1A RGO
0 75 150 300 Feet
City of Dover
Department of Planning
Z-07-09 The Lands of Halpern Family Partnership One
Parcel ID: ED-05-077.17-03-06.00-000
Acres: 0.4545 +/- Total The material is for reference purposes only,
Council District 2 and the City makes no warranty, representation,
or guaranty as to the accuracy of the material.
Current Zoning: CPO (Commercial/Professional Office)
The material is in the public domain and may be
R8 (One Family Residence Zone) copied without permission.
Proposed Zoning: CPO (Commercial/Professional Office)