Agenda

CITY OF DOVER PLANNING COMMISSION AGENDA Tuesday, February 21, 2012 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA Application Z-12-01 Lands of Reidy, Lucas and Klewans at southwest corner of Route 8 and Mifflin Road (Ordinance #2012-04) for the rezoning of the properties at 4 Mifflin Road, 24 Mifflin Road, and 1510 Forrest Avenue will not be heard at this meeting due to inadequate public notice. The rezoning application will be rescheduled for the next Planning Commission meeting on March 19, 2012. However, please note that the application for a Comprehensive Plan Amendment (MI-12-01) involving these properties will be considered at this meeting. ADOPTION OF MINUTES OF REGULAR MEETING of January 17, 2012 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission Quarterly Workshop is scheduled for Wednesday, February 22, 2012 at 4:00pm in the City Council Chambers. 2) An Audio/Web Conference entitled “Urban Agriculture and Food System Planning” will be held on March 14, 2012 from 4:00pm-5:30pm at the Kent County Administrative Building, Room 220. The session is co-sponsored by the Delaware Chapter of the American Planning Organization (APA) and Dover/Kent County MPO and hosted by the Kent County Department of Planning Services. 3) Reminder: The next Planning Commission regular meeting is scheduled for Monday, March 19, 2012 at 7:00pm in the City Council Chambers. 4) Report on City Council actions 5) Update on other Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a) S-10-03 South Dover Plaza at 560 & 600 Bay Road – Request for a second one year extension of the commencement of construction for a Site Development Master Plan project. This project consists of a Minor Lot Line Adjustment Plan and Site Development Master Plan to permit the construction of a 142,825 S.F. shopping center and associated site improvements. The project is located on two parcels of land totaling 12.9371 acres ± and is zoned C-4 (Highway Commercial Zone). As part of the application, the two

City of Dover Planning Commission Agenda Public Hearing: February 21, 2012 Page 2 of 4 parcels are to be consolidated into one parcel. The subject area is located on the south side of Bay Road across from the Kent County Levy Court. The owner of record is S.H.E. Holdings, LLC. Property Address: 560 & 600 Bay Road. Tax Parcels: ED05- 077.00-01-09.00-000 and ED05-077.00-01-09.00-000. Council District 2. This Site Development Master Plan application received conditional approval on April 19, 2010 and a one year extension for the start of Phase 1 on March 21, 2011 thus requiring the Administrative Site Plan for Phase 1 be approved and construction commenced by April 30, 2012. 2) Request for Revision of Architectural Review Certification: a) HI-10-04 and S-10-12 Wesley United Methodist Church: Elevation and Canopy Addition: Architectural Review Certification – Review of a Revision Request for the fence height originally approved with the Architectural Review Certification of the project; the request is for an increase in height to five (5) feet from the approved height of four (4) feet. The project involves construction of an elevator tower and adjoining canopy to serve as an accessible entrance to the church building along with a vehicular exit (right out only) onto South State Street. The project site is zoned RGO (General Residential and Office Zone) and subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone). The property site is located on the east side of South State Street between Loockerman Street and North Street. The owner of record is the Trustees of Wesley United Methodist Church. Property Address: 209 South State Street. Tax Parcel: ED-05-077.09-05-02.00-000 and ED-05-077.09-05-03.00-000. The application was originally reviewed by the Historic District Commission on May 20, 2010 and with Planning Commission review on June 21, 2010. The Historic District Commission reviewed this revision request on January 19, 2012. 3) Requests for Revisions to Applications: a) C-11-04 M & L Ventures, LLC at Lafferty Lane – Review of a Request to Amend the Conditions of Approval for the Conditional Use Site Plan for the construction of a total of ten 9,950 SF manufacturing/warehousing buildings on two parcels (after subdivision) and other associated site improvements at Lafferty Lane. The associated Minor Subdivision Plan will create two parcels of 5.46 ± acres and 4.13 ± acres with street right-of-way. The property is currently 9.99 acres ± and is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone) APZ 1 and Noise Zones C and D. The property is located on the south side of Lafferty Lane west of Horsepond Road. The owner of record is M & L Ventures, LLC. Property Address: Lafferty Lane. Tax Parcel: ED05-077.00-01- 28.04-000. Council District 2. The application received conditional approval from the Planning Commission on June 20, 2011. b) S-06-19 State Street Commons – Review of a Request for a waiver of Parking Requirement from 73 parking spaces to 70 parking spaces. This is in addition to the 20% Parking Reduction Waiver previously granted to the State Street Commons Project during review of Site Plan and Architectural Review Certificate permitting the construction of two (2) 2 ½ story office buildings of 12,000 S.F. each for a total of 24,000 S.F. with two level parking garage. The existing brick office building at 502 South State Street consisting of 3,222 S.F. also remains on the site. The property consists 35,061 square feet ± of land zoned RG-O (General Residence and Office Zone) and subject to

City of Dover Planning Commission Agenda Public Hearing: February 21, 2012 Page 3 of 4 the H (Historic District Zone). The property is located at the southwest corner of South State Street and Water Street. The owner of record is now or formerly YOZIMA, LLC and the equitable owner is Onix Z Development Group. The property addresses are 502 South State Street, 508 South State Street, and 100 West Water Street. Tax Parcels: ED- 05-077.09-03-70.00-000. The application received conditional approval from the Planning Commission on June 20, 2006 with an extension on June 17, 2007 and Final Plan approval on June 17, 2008. NEW DEVELOPMENT APPLICATIONS 1) C-11-06 Revised Kent County 911 Center: Parking Expansion at 911 Public Safety Boulevard – Public Hearing and Site Plan Review to permit site improvements to expand the parking lot by twenty-two (22) parking spaces and to create a storage yard area. The subject site consists of one parcel for a total of 5.29 acres+/- of land. The property is situated on the south side of Public Safety Boulevard east of South DuPont Highway (Route 13). The property is zoned R-10 (One Family Residence Zone). The owner of record is the Kent County Levy Court. Property Address: 911 Public Safety Boulevard. Tax Parcel: ED-05-077.14-01-10.02-000. Council District 2. Waivers Requested: Partial Elimination of Upright Curbing and Elimination of Sidewalk. A Revised Plan (1/30/12) has been submitted for review which supersedes the plan from November 2011. 2) MI-12-02 Request for Alley Abandonment: Fulton Street Alley South – Public Hearing and Review and Recommendation to City Council of a request to abandon an improved alley within the Wesley College Campus limits. This request consists of one area: Area #8 – Fulton Street Alley South between North Bradford Street and North State Street Alley West. This request was filed by Wesley College. 3) MI-10-06 Revision to Request for Street and Alley Abandonment: Portions of North Bradford Street, Fulton Street, Cecil Street, and Alleys – Public Hearing and Review and Recommendation to City Council on a request for revisions to the conditions of approval for the abandonment of several improved streets and alleys within the Wesley College Campus limits. This previous request for a series of street and alley abandonments for Wesley College (Areas #1-7) was considered by the Planning Commission on April 19, 2010 with City Council action on August 9, 2010 approving the abandonment subject to a series of conditions. The request consists of seven areas: Area #1 – North Governors Avenue Alley West between Fulton Street and Cecil Street; Area #2 – Portion (100 feet) of North Governors Alley West north of Cecil Street; Area #3 – Portion (363 feet) of North Bradford Street south of Fulton Street; Area #4 – Fulton Street between North Governors Avenue and North State Street; Area #5 – Portion (443 feet) of Cecil Street east of North Governors Avenue; Areas #6 – Portion (194 feet) of North Bradford Street north of Cecil Street; and Area #7 – Portion (275 feet) of North State Street Alley West south of Fulton Street. This request was filed by Wesley College. (Resolution #2010-07) 4) MI-12-01 Comprehensive Plan Amendments 2012 – Public Hearing and Review for Recommendation to City Council on a series of Amendments to the 2008 Comprehensive Plan, as amended, by replacing Map 12-1: Land Development Plan, Map 13-1: Annexation

City of Dover Planning Commission Agenda Public Hearing: February 21, 2012 Page 4 of 4 Areas, and Map 13-2 Potential Land Use for Annexation Areas. Ordinance #2012-12. Under consideration are requests from the following applicants: A. Request from three parcels located at the southwest corner of Forrest Avenue (Route 8) and Mifflin Road to revise the Land Use Classification from Residential Low Density to Commercial on Map 12-1: Land Development Plan Map. Property Addresses: 4 Mifflin Road, 24 Mifflin Road, and 1510 Forrest Avenue. This is associated with rezoning application Z-12-01. B. Request from a property located south of South Little Creek Road and east of Horsepond Road to be added to Map13-1: Annexation Areas as a Category 2 Annexation Area and added to Map 13-2: Potential Land Use for Annexation Areas with a Land Use Classification as Agriculture. Property: Portion of parcel ED-00- 078.00-01-25.00-000 in the ownership of Eastern Woodlands Holdings, LLC C/o Chris Coker). NEW BUSINESS ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.