Anexo

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA JUNE 23, 2014 - 4:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Concerns Related to Permit Parking In Front of Wesley Pre-School and Education Building (During their meeting of May 12, 2014, the Committee remanded the matter back to staff to meet with Wesley Church to consider the needs and assessments that need to be factored in regarding the Church, its school, and its mission and that staff be authorized to proceed with intermediate permit spot adjustments) 2. Request for Waiver of Public Street Frontage Requirement - Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards, Section E - Lots (Dover Mall) (During their meeting of May 27, 2014, the Committee deferred action on the request until the June 23, 2014 Safety Advisory and Transportation Committee meeting when the applicant can be present to answer questions)(Planning Commission recommended approval of the requested waiver subject to inclusion of the necessary easements) 3. Update - Dover High School Construction (Committee action not required) 4. Adjournment by 4:55 p.m. /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Agendas\2014\06-23-2014 SA&T.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

City of Dover PETITION TO WAIVE REQUIREMENT FOR LOTS TO HAVE FRONTAGE ON PUBLIC STREET Before the City Council Safety Advisory & Transportation Committee May 27, 2014 Plan Title: Lands of Dover Mall L.P. at 1365 North DuPont Highway SB-14-01 Plan Type: Minor Subdivision Plan Site Area: 149.3225 acres +/- Parcels to be created: Lot 1: 53.1704 acres +/- Lot 2: 30.7046 acres +/- Residual (Dover Mall): 65.4475 acres +/- Proposed Use: Shopping Center Zoning Classification: SC-3 (Regional Shopping Center Zone) SWPOZ (Source Water Protection Overlay Zone) – Tier 3 Waivers Recommended: Waiver of Requirement for Lots to Have Frontage on a Public Street (Subdivision Regulations - Article VI. Subdivision General Requirements and Design Standards, Section E. Lots) PLAN SUMMARY This Minor Subdivision Plan proposes to create three (3) parcels of land from the existing 149.3225-acre +/- parcel of the Dover Mall. The parcel will be subdivided into a 53.1704-acre +/- parcel, a 30.7046-acre +/- parcel, and a 65.4475-acre +/- parcel. The property is zoned SC-3 (Regional Shopping Center Zone), and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The property is located on the east side of North DuPont Highway and south of but not adjacent to Rustic Lane. The owner of record is Dover Mall L.P. Address: 1365 North DuPont Highway. Tax Parcel: ED-05-057.00-01-14.00-000. Council District 3. The property includes the existing Dover Mall. Within the larger Dover Mall parcel, three parcels are carved out for the anchor tenants of Sears, Boscov’s, Macy’s, and JC Penney. The parcels for JC Penney and Boscov’s include the parking areas associated with these anchors in addition to the building area. The Minor Subdivision Plan proposal would strike a lot line in a north/south direction east of the Dover Mall building and parking area and another lot line perpendicular to and extending eastward from this line, to create three separate parcels out of the Dover Mall parcel. The two parcels created on the east side of the property are currently undeveloped. There is no development proposed as a part of this application. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

S-13-18 Walker Woods Redevelopment (Village at McKee Branch) Petition to Waiver a section of the Zoning Ordinance Planning Commission Report from October 21, 2013 Meeting Page 2 of 2 In order to subdivide the property, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, floor area ratio, etc. Waiver Requested: Creation of Lots without Frontage on a Public Street As proposed, the subdivision would create two lots without frontage on a public street. In the waiver request submitted by the applicant, the applicant states that proposed Lots 1 and 2 have frontage on State Route 1. The proposed Lot 2 does not have frontage on State Route 1. Additionally, the purpose of the requirement for frontage on a public street is to ensure access to lots created. As State Route 1 is a limited access highway where direct access is not permitted, frontage on State Route 1 is not deemed adequate to meet the requirements of the Land Subdivision Regulations. According to the Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots: All lots in a subdivision shall have frontage on a public street. According to the Subdivision Regulations, Article VII. Special Provisions, Section A. Variance and Waiver: 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. Findings and Recommendations of the Dover Planning Commission The Planning Commission at its meeting on May 19, 2014 reviewed the proposed waiver request as part of its review of the Minor Subdivision for the Lands of Dover Mall L.P. Following a Public Hearing, the Planning Commission recommended approval of the requested waiver subject to inclusion of the necessary easements listed in the DAC report. The motion passed unanimously 6-0 of the members present. Attachments: Minor Subdivision Plan Correspondence from Fire Department Memo to Planning Commission from Planning Office

MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 Date: May 9, 2014 To: Planning Commission From: Ann Marie Townshend, AICP Director of Planning & Community Development RE: Update on Activity Related to Dover Mall Minor Subdivision - Waiver from Public Street Frontage (SB-14-01) The initial plan for the Dover Mall minor subdivision included the potential development of apartments on what would be the northeast parcel created by the subdivision. At the time City Council was considering a zoning text amendment that would allow multifamily residential development within the SC-3 (Regional Shopping Center) zone. This amendment has since been withdrawn, and there is currently no plan to construct apartments on the site. Emergency service agencies expressed concern about the waiver from the requirement that all parcels have frontage on a public street, primarily due to the potential for multifamily residential development on a parcel without street frontage. Some of these concerns have been allayed due to the absence of potential multifamily residential development. As stated in the DAC report, if the Planning Commission recommends in favor of the waiver of the requirement of public street frontage, staff recommends the following: a. That the Planning Commission require cross access easements among all three lots (between the Residual Lot and both Lots 1 and 2; and between Lot 1 and Lot 2) so that permanent access to U.S. Route 13 is secured. Similar easements may also be required of the Boscov’s lot, the JC Penney’s lot, and the land leased from the State of Delaware on the northwest corner of the ring road. b. That these easements allow for the owners of each lot to make any improvements necessary to the internal circulation system, specifically to the Mall ring road and the access drives to U.S. Route 13, that would be required to improve this access to the satisfaction of the Planning Commission as specified in the Zoning Ordinance, Article 8 § 1, and to ensure that internal circulation and site access are beneficial to the public health, safety and general welfare. c. That the applicant be required to explore the feasibility of extending Rustic Lane to the proposed Lot 1. cc: SB-14-01