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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, November 18, 2019 – 7:00 P.M.
City Hall, City Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
ADOPTION OF MINUTES OF MEETING of October 21, 2019
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY,
December 16, 2019 in the City Council Chambers with the start time to be determined. This
meeting will also include the Public Hearing and Formal Review of the Final DRAFT of the
2019 Comprehensive Plan.
2) Update on City Council Actions
3) Department of Planning & Inspections Updates
a. GIS Day – November 13, 2019 from 10:00AM-2:00PM, City Hall Conference Room
OPENING REMARKS CONCERNING MEETING PROCEDURES
OLD BUSINESS
1) Request for Extensions of Planning Commission Approval:
a. S-17-28 Multiplex at 299 College Road – Request for a One-Year Extension of the
Planning Commission approval granted on November 20, 2017 for a Site
Development Plan application to permit construction of a three (3) unit multiplex
residential building (multi-family dwelling) with adjoining parking spaces. The
property consists of a 18,244 S.F. +/- parcel (0.42 +/- acres) and is zoned RM-2
(Medium Density Residence Zone). The property is located on the northwest side of
College Road and adjacent to Conwell Street. The owner of record is Stephen E.
Lumor (Enyam, LLC). Property Address: 299 College Road. Tax Parcel: ED-05-
067.00-02-26.00-000. Council District 4. Final Plan Approval was granted
September 5, 2018.
2) Re-evaluation Review of Conditional Use:
a. C-17-04 House of Pride Offices at 45 South New Street – Re-evaluation Review for a
Conditional Use Permit to convert an existing one-family dwelling structure into a
philanthropic use as the administrative facility (offices) for House of Pride. The
application was reviewed by the Planning Commission on August 21, 2017 with
approval of the use conditioned upon a one-year review among other conditions. A one-
year review was completed on October 15, 2018 with continued approval subject to a
six-month review. Re-evaluation review was completed on May 20, 2019 with
continued approval subject to a second six-month review. The property consists of a
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City of Dover Planning Commission Agenda
Public Hearing: November 18, 2019
Page 2 of 2
9,090 SF +/- parcel. The property is zoned RG-1 (General Residence Zone). The
property is located on the east side of South New Street, north of Reed Street, and south
of Division Street. The owner of record is House of Pride, Inc. Property Address: 45
South New Street. Tax Parcel: ED-05-077.05-03-05.00-000. Council District: 4.
NEW APPLICATIONS
1) S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard
(Revised) – Public Hearing and Review of a Revised Site Development Plan Application to
construct a two-story 27,665 SF office and retail building together with associated site
improvements. The project is Lot 1 located in the Northgate Center (previously known as the
Stover Professional Campus). The subject property is 2.0 acres +/- and located at the
northeast corner of Stover Boulevard and Bay Road. The property is zoned C-4 (Highway
Commercial Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The
owner of record is 605 South Bay Road, LLC. Property Address:101 Stover Boulevard. Tax
Parcel: ED-05-077.00-03-01.00-000. Council District 2. Waiver Request: Reduction of
Arterial Street Buffer. The property was part of the development of Subdivision Application
SB-05-05F Stover Professional Park.
NEW BUSINESS
1) Project for Dover’s 2019 Comprehensive Plan
a. Release DRAFT Plan (dated 10/1/2019) is available for review. See Project website:
https://www.cityofdover.com/2019-comprehensive-plan
b. Update on Public Outreach Events for 2019 Comprehensive Plan:
i. Open House Event – October 23, 2019
ii. Visitation Event – October 24, 2019
c. Update on Next Steps
i. PLUS Review Comments
ii. Formal Review Process and Public Hearings
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.
Posted Agenda: November 8, 2019
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CITY OF DOVER PLANNING COMMISSION
OCTOBER 21, 2019
The Regular Meeting of the City of Dover Planning Commission was held on Monday, October
21, 2019 at 7:00 PM in the City Hall Council Chambers with Chairperson Dr. Jones presiding.
Members present were Mr. Roach, Mr. Hartman, Mr. Baldwin, Mr. Tolbert, Ms. Maucher and
Dr. Jones. Mr. Adams, Ms. Edwards and Mrs. Welsh were absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek and Mrs. Kristen Mullaney. Also present were Mr. Jeffrey Gosnear, Mr. Doug
Liberman and Mr. Edward Gilmore. Speak from the public were Mr. Cameron Llewellyn, Mr.
Doug Ferris, Dr. Dan Shelton, Mr. Anthony DePrima, Mr. Tolano Anderson, Ms. Faye White,
Mr. Coban Goertz, Ms. Bessie Crane and Mr. John Paradee.
APPROVAL OF AGENDA
Mrs. Melson-Williams stated that there was a Site Plan Application S-19-23 Central Delaware
Housing Collaborative: Emergency Shelter and Apartment Building proposed at 731 and 801
West Division Street. That application will not be heard by the Planning Commission at the
request of the applicant. Its application and formal public hearing will be rescheduled for a future
meeting of the Planning Commission and it will be subject to new public notice requirements at
that meeting time.
Mr. Tolbert moved to approve the agenda as submitted, seconded by Ms. Maucher and the
motion was unanimously carried 6-0 with Mr. Adams, Ms. Edwards and Mrs. Welsh absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF
SEPTEMBER 16, 2019
Ms. Maucher moved to approve the Planning Commission Meeting minutes of September 16,
2019, seconded by Mr. Tolbert and the motion was unanimously carried 6-0 with Mr. Adams,
Ms. Edwards and Mrs. Welsh absent.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
November 18, 2019 at 7:00pm in the City Council Chambers.
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on September 23 and 24, 2019 & October 14 and 15, 2019.
Mr. Hugg stated that later this evening they will give the Commission an update on the
Comprehensive Plan Release Draft which is out for public review and also at the State Planning
Office for PLUS Review. We also interviewed a young Planner who hopefully will be able to
join our Staff. They are in the middle of background and reference checks now and hope to make
an offer to that person very soon. That would at least get us back up to full Staff which is a major
challenge at the moment.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
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Mrs. Melson-Williams presented the audience information on policies and procedures for the
meeting.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval:
a. S-17-25 Development of 219-229 Beiser Boulevard: Lots 2A and 3 at Enterprise Business
Park – Request for a One-Year Extension of the Planning Commission approval granted
on October 16, 2017 for a Site Development Plan outlining four phases of construction
for parking lot areas and two (2) 19,304 S.F. two-story office building along with the
associated site improvements on two separate parcels adjoining one another. The
properties are zoned IPM (Industrial Park Manufacturing Zone). The adjoining properties
are located on the northwest side of Beiser Boulevard and are part of the Enterprise
Business Park, a planned industrial park. The owner of record is Del-Homes Catalog
Group, LLC. Property Addresses: Lot 2A is addressed as 219 Beiser Boulevard and Lot 3
is addressed as 229 Beiser Boulevard. Lot 2A Tax Parcel: ED05-076.11-01-46.00-000.
Lot 3 Tax Parcel: ED05-076.15-01-03.08-000. Council District 1.
Representatives: None
Mrs. Melson-Williams stated that in the Planning Commission Packet is the Letter of Request
from the Realtor representing the property. It was received by the Planning Office seeking a one
year extension of the Site Plan S-17-25. It was proposed for a project that involved development
of two office buildings and some associated parking located along Beiser Boulevard. She can tell
members of the Commission that this project has moved through part of the Check Print Review
Process. They do have a number of the agency approvals already in hand but have not fully
completed that process. They have approvals from the Fire Marshal and the Kent Conservation
District. In this situation, it was not required from DelDOT. They are still working with the
Public Works Office and the Planning Office to finalize their plan. They are seeking a one year
extension and they have taken steps moving towards Final Plan Approval.
Mr. Tolbert questioned since the one year extension was granted in 2017, would granting another
extension at this time present any problems that she can foresee in the future? Responding to Mr.
Tolbert, Mrs. Melson-Williams stated that this was reviewed by the Planning Commission in
October 2017. The initial review of that Site Plan gave them two years to work on the plan. They
did do that; however, our Code does allow for them to seek an additional one year extension of
the approval, during which time they must finalize the plan and pull permits to commence
construction. If they do not do so, they will have to resubmit a new application. If the
Commission approves a one year extension, it gives them an additional year to finish up and get
moving with the project.
Mr. Hartman questioned whether the applicant has made substantial progress toward obtaining
final approvals? Responding to Mr. Hartman, Mrs. Melson-Williams stated that she would say
that they have made progress. The Check Print Review Process involves resubmission to the
agencies providing comments as part of the Development Advisory Committee. In the case of
the major entities that have to approve the plan, they have two of those completed, one is not
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required and the two others have seen initial reviews and have provided comments back to the
applicant. She would say that they are substantially on track to finalize their plan if they so wish.
Mr. Tolbert moved to approve S-17-25 Development of 219-229 Beiser Boulevard: Lots 2A and
3 at Enterprise Business Park for a one year extension since they continue to be in compliance
with the Planning Staff, seconded by Mr. Baldwin and the motion was carried 6-0 by voice vote
with Mr. Adams, Ms. Edwards and Mrs. Welsh absent.
NEW APPLICATIONS
1) C-19-08 Grotto Pizza: Dough Production and Storage at 122 Rosemary Road – Public
Hearing and Review of a Conditional Use Plan Application to permit the conversion of two
(2) existing buildings into a facility for the dough production, dry storage, food distribution,
and warehouse at 122 Rosemary Road. The main building is one-story and 9,800 SF and the
second building is one-story and 3,000 SF. The subject property consists of 2.088 +/- acres
and is located on the west side of Rosemary Road, north of Lafferty Lane. The submission
will be subject to a Performance Standards Review Application. The property is zoned M
(Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): APZ-I,
APZ-II, and Noise Zone A. The owner of record is MC5 LLC. Property Address: 122
Rosemary Road. Tax Parcel: ED-05-077.16-02-12.00-000. Council District 2. Waiver
Requests: Elimination of Bicycle Parking Requirement, Elimination of Sidewalks.
Representatives: Mr. Jeffrey Gosnear, Vice President of Grotto Pizza
Mr. Swierczek stated that this is a Conditional Use Plan Review to permit the conversion of two
existing structures into a facility for dough production, dry storage, food production and a
warehouse at 122 Rosemary Road. The property is zoned M (Manufacturing Zone) and is subject
to the AEOZ (Airport Environs Overlay Zone) and Noise Zone A. The submission is also subject
to a Performance Standards Review Application. Specifically, the applicant is proposing to
occupy the main building to the north on the property as a food production facility, office and
warehouse. The proposed use of the second building to the south will be used as a storage facility
for vehicles and kitchen supplies. A 1,240 SF addition to the main building is proposed for a
dock and a freezer on a foundation and 3,200 SF of additional paving is proposed that will lead
to the dock. An additional 128 SF is proposed for mechanical equipment on a concrete pad. The
applicant is also proposing to have 6-8 employees working the facility based on a five day
production week. The applicant has noted two waiver requests with their plans. The first is a
waiver request from the bicycle parking requirement. Normally with thirteen parking spaces they
would be required to provide one bicycle parking facility; however, a written waiver request for
the elimination of the bicycle parking was submitted. In making the request, the applicant cites
the facility is located in a rural business industrial park with limited residential housing in the
area. Therefore, due to the location they believe bicycle access would be extremely limited and
not used by their employees or vendors. Secondly, a written waiver request for the elimination of
the sidewalk that leads to the two buildings and the elimination of the street frontage sidewalk
along the north side of Lafferty Lane and Rosemary Road has been submitted for the
consideration of the Planning Commission. The applicant has cited that there is no sidewalk
along either the Rosemary Road or the Lafferty Lane frontages and that the entire area leading
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from Rosemary Road to the buildings is already paved as reasons for their waiver requests.
Consequently, Staff recommends approval of the request for the elimination of sidewalk leading
from the street frontages to the main building and the proposed storage building on Rosemary
Road. Staff also recommends approval for the elimination of the sidewalk along the Rosemary
Road street frontage of the property; however, Staff would not recommend approval for the
elimination of the street frontage sidewalk along the north side of Lafferty Lane. There is an
existing sidewalk along the street frontage on the north side of Lafferty Lane in front of the
adjacent property. It would be reasonable to construct a sidewalk along Lafferty Lane as a
continuation of sidewalks that presently exist on that road. Staff would recommend approval of
the request for the elimination of bicycle parking due to the nature of the use on the site and a
limited number of employees and visitors to the facility. Lastly, as the aforementioned
Performance Standards Review Application, Staff would recommend that the Commission
affirm that the site’s proposed use as an office building, food production warehouse and storage
facility with a dock for truck parking conforms to all of the applicable Performance Standards of
the Zoning Ordinance Article 5, Section 8. The proposed use is not expected to generate
excessive, dangerous or objectionable elements or emissions. Just as a reminder, the Planning
Commission should act upon the requests for waivers as well as the Performance Standards
Review Application as part of any motion regarding this project application or as a separate
motion as necessary.
Mr. Gosnear stated that he is the Vice President of Grotto Pizza. They are proposing to
consolidate two dough production facilities. They have one in New Castle County and one in
Sussex County. They want to combine them both into one in Kent County to service all of their
Delaware and Maryland restaurants with their dough that they use throughout the restaurants. It
is a fairly limited operation that they have; it is mostly automated. They have between five and
eight employees that will be there on a daily basis on a Monday through Friday work week.
There will be fairly limited deliveries that will be coming in there since most of it is flour that is
coming in and they bring it in in bulk. The dough itself that they will be making is actually a
frozen product that will be shipped to their distribution center in Pocomoke, Maryland. There
will be very limited truck access. There won’t be a daily truck access that comes in and out of
there. They are looking at probably twice a week and that is when they are at full capacity. For
the waivers that were recommended, they are fine with the recommendations that were made by
the DAC.
Mr. Hartman questioned about the food waste at the facility. Do you have any concerns about the
food waste near the airfield area? Responding to Mr. Hartman, Mr. Gosnear stated no, they
actually have very little food waste. It really is just dough production. They aren’t sending
anything out and then bringing it back in for trash or anything of that nature. It is literally taking
their dough with their ingredients that they are using and then shipping it out. They don’t really
have any by-product that comes off of that at all.
Ms. Maucher questioned if the applicant was withdrawing their request to eliminate the sidewalk
on Lafferty Lane? Responding to Ms. Maucher, Mr. Gosnear stated yes, they can withdraw just
that portion of it. They want to still have their request for eliminating the rest of the sidewalks.
Mr. Hartman stated that the submittal was great and it was easily understood. The confusion for
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him is the review by the City. It was a thorough review but he is having difficulty understanding
the zoning. He did ask for a clarification earlier today via email and he guesses that it is very
difficult for a Commissioner to speak to a Planner asking for information. That designation was
provided here tonight to all of the Commissioners he supposes. His concern is that part of the
food processing building is in APZ-I (Accident Potential Zone). Responding to Mr. Hartman,
Mrs. Melson-Williams stated that the overall property is zoned M (Manufacturing Zone). The
property is also in the AEOZ (Airport Environs Overlay Zone) and that is the colored shading
that you see happening on the screen as part of our Zoning Map. The AEOZ (Airport Environs
Overlay Zone) really has two components. The first is a Noise Zone and in this case, the entire
property is in Noise Zone A. Next, is the APZ (Accident Potential Zones). This property is
somewhat unique in that it is bisected by the APZ-I and the APZ-II. It appears that the dividing
line may bisect the northern building which is where the food production is proposed. There was
a Zoning Verification Letter Request and response that Planning Staff prepared back in June
2019 and this evening, she provided on the desks of all of the Commission members, copies of
that letter. This letter actually made the determination that the Planning Staff considers that the
north building to basically to be in the APZ-II zone which would allow for the manufacturing of
food and kindred products. The Zoning Ordinance, when you are looking to a Zoning Map and
trying to place buildings and the aerial, not all of the mapping is synced; it could be off
depending on the angle of the aerial that is utilized in this area. They do feel fairly comfortable
that enough of the building is in APZ-II to identify it as being in that area for the use compliance.
In the other provisions of Zoning Ordinance, there is some guidance as to what you do when
these boundary lines don’t look real clear. In this case, it talks about provisions in the Zoning
Ordinance that if more than 50% of the property is in the less restrictive zone and in this case,
the less restrictive zone is the APZ-II, then that area and an additional thirty feet to the south of
that line is considered in that less restrictive zone. She thinks by both potential mapping
differences and in that provision of our Zoning Ordinance, Staff has made that determination that
the northern building is in APZ-II and would be subject to those regulations. The southern
portion of the site which includes the smaller shed-like building is in APZ-I. That building
cannot be utilized for food production. The Zoning Verification Letter documents that and it
would be part of the record for this property.
Mr. Hartman stated thank you for that reply and he wishes that it could have been provided to us
earlier than tonight. His question relates to the Dover Code Land Use and Development
Standards that states “any building or portion there of constructed or placed within the AEOZ
(Airport Environs Overlay Zone) shall comply with the following standards.” Does that apply?
Responding to Mr. Hartman, Mrs. Melson-Williams stated that when you are looking at the
AEOZ (Airport Environs Overlay Zone) you have to determine which Noise Zone it is in and if
it falls into any of the Accident Potential Zones or Clear Zone. There is a Land Use
Compatibility Table that you then have to look to as to whether the use is permitted in those
areas. In the case of food manufacturing, it is allowed in the APZ-II and is also allowed in Noise
Zone A.
Mr. Hartman questioned if the Code disallows it in APZ-I? A substantial part of this building is
in the APZ-I. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the southern
smaller building is in APZ-I but that is not where the food production is occurring. For the other
building, Staff has determined it should follow the APZ-II provisions which does allow for food
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productions. A majority of the building and a majority of the lot is actually in APZ-II and the
provisions of the Code allow us to consider a slightly larger area than where the line may fall on
this lot because of the way it looks at boundaries.
Mr. Hartman questioned if Mrs. Melson-Williams could confirm if this requirement in the Dover
Code 22.5 Land Use and Development Standards stated that “any building or portion there of
constructed or placed within the AEOZ (Airport Environs Overlay Zone) shall comply with the
following standards.” If a portion of the big building is in APZ-I, doesn’t this standard apply to
that? This question is raised because of the importance of the Dover Air Force Base to our local
community, to the State and to the Nation. Airfield operation is vitally important to the Dover
Air Force Base and he has seen how they come out to question these things at other meetings and
appeals. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the determination by
Staff is that the northern building is allowed to have manufacturing of food and kindred products
under the provisions of the Zoning Ordinance in the AEOZ (Airport Environs Overlay Zone). In
comparison to looking at the Zoning Map, they have done an interpretation of that Zoning Map
where that boundary line crosses this property and what portions of it would be subject to the
AEOZ (Airport Environs Overlay Zone) provisions of APZ-II versus APZ-I. They are of record
with the Zoning Verification Letter. They have looked definitely at the Code and made that
determination. If there is a question of that determination, the Zoning Ordinance would allow for
an appeal to the Board of Adjustment and it would be an appeal of an administrative decision.
The administrative decision of the Planner is that the northern building falls into the APZ-II
provisions where food manufacturing would be permitted.
Mr. Hartman stated that he respectively disagrees but because of this designation was provided
to us so late today, he has not had a good chance to look at it. Would it be possible to delay the
approval until the next meeting? Responding to Mr. Hartman, Dr. Jones stated that perhaps we
can hear from the other Commissioners and then get a feel for what is going on.
Mr. Tolbert questioned if the Code restrictions will cause the applicant to have any problems
with their food production? Responding to Mr. Tolbert, Mr. Gosnear stated that they will not
because the southern building which is where they were told that they cannot do any food
production, they plan on using that shed type building really for a garage to put some of our
catering vehicles that we have. For the warehouse part of that, they just plan on putting kitchen
equipment in there. They have no intention of using any of that one building for food
manufacturing in any way.
Dr. Jones opened a public hearing.
Mr. Cameron Llewellyn – 131 Rosemary Road Dover, DE 19901
Mr. Llewellyn stated that he and his partners own 131 Rosemary Road. They don’t have any
objection to this application. There was a discussion of sidewalks on Rosemary Road. They are
in the process of developing plans that the Commission will see shortly and they don’t feel that
any sidewalks are necessary on Rosemary Road so they are in agreement with Staff and the
applicant. As far as the ambiguity of that overlay zone, they are very familiar with that and he
thinks that the City of Dover would be making a huge mistake if we were to try carving a line
between that piece of property and tell these people that they can’t produce their pizza dough
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because somebody arbitrally drew a line between that. He is not a civil engineer. He builds
things out of sticks and bricks and he just thinks that it would be totally foolish for us to say that
just because a little chunk of this property has a line drawn through it, arbitrally by the Lord
knows who. They are fully in support of them developing their property as he is sure that they
will be in full support of us developing our property.
Dr. Jones closed the public hearing.
Mr. Tolbert stated that he understands that Grotto is in the process of building new facilities.
Will this site provide the dough for all of the new facilities? Responding to Mr. Tolbert, Mr.
Gosnear stated that this location will not only provide for their new facilities but it will actually
provide for all of their existing facilities in Delaware and Maryland.
Mr. Tolbert questioned how many employees they will have at this facility? Responding to Mr.
Tolbert, Mr. Gosnear stated five to eight employees. Most of the production is automated so the
need for a large staff is not there.
Mr. Tolbert stated that as he sees more pizza facilities going up, do you anticipate more
employees being hired for this facility? Responding to Mr. Tolbert, Mr. Gosnear stated that as it
stands now, he believes that they can go at least another 10-15 locations before we would need
any more help because of the automation of it. Really the people who are there are just
monitoring everything to make sure for quality assurance and monitoring, more than they are
actually doing the work with the exception of actually putting dough in the mixer. That is the
most manual part that they have in the whole process.
Ms. Maucher questioned if the Planning Commission approves this application and agrees with
Staff’s recommendations and observations that it is in the lesser restrictive zone, would that be
challenged by the Air Base? Who could challenge that decision to the Board of Adjustment?
Responding to Ms. Maucher, Mrs. Melson-Williams stated that the Zoning Ordinance in the
provisions for the Board of Adjustment has a process called Appeals. That section states that “the
appeal of an administrative order, requirement, decision or determination, the Board of
Adjustment shall have the authority to hear and decide appeals where it is ledged that there is
any order requirement, decision or determination made by an administrative official in the
enforcement of the Zoning Ordinance. Appeals to the Board (Board of Adjustment) may be
made by any person aggrieved or by any Officer, Department, Board or Bureau of the
municipality affected by any decision of an Administrative Officer.” In this case, the decision of
or the determination of the Administrative Officer is an interpretation of the Zoning Map as it
pertains to this property. It is fairly broad as to who could bring an Appeal but it is somewhat
narrow in that it is not an appeal of the Planning Commission decision. That would be a legal
process through the Courts.
Mr. Gosnear stated that this facility right now is currently a sign manufacturing facility. They do
have employees in there each day. They are using that large building the same way that we
would be using it as it stands right now. They are not adding any more people than they have in
there now. They are manufacturing; they are just manufacturing signs as opposed to
manufacturing dough. They are not using the smaller building. It was in the letter that the smaller
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building was part of the APZ-I zone and they have no intention of using that for any type of
manufacturing.
Mr. Hartman stated that Mr. Llewellyn brought up the boundary line on the property. He was
looking at Dover Air Force Base’s Installation Study last night and their boundary line appears to
be the same as this. So Dover Air Force Base has this line on their Air Craft Installation Study
(AICUZ – Air Installation Compatible Use Zone Study) and that is his concern.
Mr. Tolbert questioned if Dover Air Force Base has contacted the Planning Staff regarding this
application? Responding to Mr. Tolbert, Mrs. Melson-Williams stated that as part of the DAC
notification, there is a notification that goes to the Community Planner at the Base. He often
participates in their DAC meetings. There was not any written comments from them in regards to
this application.
Mr. Tolbert moved to approve C-19-08 Grotto Pizza: Dough Production and Storage at 122
Rosemary Road, including the waiver for the elimination of the sidewalk on Rosemary Road and
the connecting sidewalks to the site noting that the applicant withdrew the request for the waiver
of sidewalk on Lafferty Lane so that sidewalk will be constructed and the approval of the
elimination of the bicycle parking and that the applicant continues to work cooperatively with
Planning Staff and that the applicant continues to be mindful of the Performance Standards set
forth in the Zoning Ordinance, seconded by Mr. Baldwin and the motion was carried 5-1 by roll
call vote with Mr. Adams, Ms. Edwards and Mrs. Welsh absent. Mr. Tolbert voting yes. Ms.
Maucher voting yes; based on Staff recommendations. Mr. Roach voting yes; based on the fact
that the building was already functioning with an existing manufacturing and that the Planner
from the Air Base did not disclose any issues in regards to this plan. Mr. Hartman voting no;
based on not being satisfied with Staff’s explanation of why it is not considered in APZ-I. Mr.
Baldwin voting yes; based on Staff recommendations for this project. Dr. Jones voting yes; based
on the communication with Dover Air Force Base and all of the recommendations from DAC.
2) S-19-22 Tommy Express Car Wash at Carver Road – Public Hearing and Review of a Site
Development Plan and Lot Consolidation Plan Application to demolish the existing
structures and then construct a one-story 4,504 SF Car Wash (Service Establishment) with
associated site improvements. The subject properties to be combined total 2.07 +/- acres and
are located east side of Saulsbury Road north of Forest Street and west of Carver Road. The
properties are zoned C-2A (Limited Central Commercial Zone) and C-1A (Limited
Commercial Zone) and are subject to the COZ-1 (Corridor Overlay Zone). The owner of
record for all properties is Faithwork LLC. Property Addresses: 21 and 27 Saulsbury Road;
20 (and 26), 30 and 34 Carver Road; 971, 975 and 983 Forest Street. Tax Parcels: ED-05-
076.07-01-38.00-000, ED-05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, ED-05-
076.07-01-60.00-000, ED-05-076.07-01-59.00-000, ED-05-076.07-01-62.00-000, ED-05-
076.07-01-36.00-000, and ED-05-076.07-01-37.00-000. Council District 4. For
Consideration: Designation as Superior Urban Design. This site (except the property at 34
Carver Road) was the subject of Rezoning Application Z-18-03 as recommended by the
Planning Commission on November 19, 2018 and approved by the Dover City Council on
December 10, 2018.
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Representatives: Mr. Doug Liberman, Larson Engineering; Mr. Edward Gilmore, Tommy’s
Express Car Wash
Mrs. Melson-Williams stated that this is a Site Plan Application. It involves actually a total of eight
parcels of land that are proposed for redevelopment. This property area is bounded by Saulsbury
Road on the west, Forest Street on the south and then Carver Road on the east. It basically is the
southern part of that block with the exception of the corner at Route 8 and Saulsbury Road where the
existing Subway is. This project would demolish a number of existing buildings on these eight
parcels which include a number of residences; several that were approved for an emergency shelter
use and also a motor vehicle detailing and service facility that is on Carver Road. The properties for
the most part are zoned C-2A (Limited Central Commercial Zone). There is one parcel of land, the
northern most piece on Carver Road, which is zoned C-1A (Limited Commercial Zone). The entire
area is subject to the COZ-1 (Corridor Overlay Zone) which has additional requirements related to
architecture, building placement, landscaping and site design elements. This application is requesting
no waivers. They do have for consideration the provisions of Superior Urban Design which is a
component of the COZ-1 (Corridor Overlay Zone). This evening, she placed a copy of what is the
associated policy document that is entitled “COZ-1 Superior Urban Design Goals and Policies.” It is
a document that was developed by Staff a number of years ago and those provisions were added to
the COZ-1 (Corridor Overlay Zone). She apologizes for not having that information in the packet.
Moving back to the DAC Report, this is a project that proposes a one story Car Wash facility to be
established on property. It is recognized as a type of service establishment that would be permitted in
the C-2A (Limited Central Commercial Zone) and the C-1A (Limited Commercial Zone) as well.
The COZ-1 (Corridor Overlay Zone) does not regulate use; it regulates things more in line with the
design of the property. With the COZ-1 (Corridor Overlay Zone) there are front yard setbacks which
really turn into build-to lines. With this project, they are seeking the ability to be recognized as a
“Superior Urban Design” which then allows them to designate one of their corridor frontages to
meet the requirements for setbacks, parking locations, and the like. That is eligible through a
determination that it is a corner property. In this case, the corridor elevations are Forest Street and
Saulsbury Road and through the Superior Urban Design they are hoping to designate Forest Street as
the corridor elevation for those elements that are required. Those elements get into specific
architectural needs for that elevation of the building as well as the location of parking. With the
COZ-1 (Corridor Overlay Zone), just some of the highlights of the requirements that they have to
meet beyond that setback provision is that parking lots can’t be located in the front yard setback and
they also cannot be located between the building and the corridor frontage. In this case, the parking
is really to the rear of Forest Street and it is a substantial distance away from Saulsbury Road as
well. Carver Road is not considered a corridor side of the property; it is street frontage but it is not a
corridor frontage. Other provisions of the COZ-1 (Corridor Overlay Zone) require at least 25% of
the property to be landscaped open space. In this case, there is over 58% of the property in this
existing development plan that is open space areas and that is where we find stormwater
management and tree plantings for the site. With the project there are parking requirements and these
are based on the size of the building. Based on the size of the building, it is required to have sixteen
parking spaces and they are providing seventeen. Some of these spaces also pull double duty as
vacuum areas for self-vacuum services. The property is required to have bicycle parking and they are
required to have one. They are providing a rack that will allow for more than one bicycle parking on
the site. The access to this project is from both Carver Road and from Saulsbury Road. The access to
the Car Wash is from the drive aisle in the middle of the site that continues south. The entry into the
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Car Wash would be on the Forest Street side of the building and then you would proceed north
through the building and then exit into the parking area with multiple options on how to leave the
site. The property is required to have sidewalks on all frontages and their project is providing those.
Additionally, they are providing a connecting sidewalk from Forest Street into where the building is
located. The property also includes the requisite dumpster requirements and tree planting. There are
a number of trees that are required because of the COZ-1 (Corridor Overlay Zone) along all property
frontages and then along the other remaining perimeters. There would be trees required to the north
of the access drive. In particular, the northern area along Carver Road is adjacent to a residential use
so there is a requirement for an opaque barrier. In this case, they are providing a fence and there is
also tree plantings on the north side of that fence to meet that requirement. The applicant did submit
a Revised Site Plan that made some slight adjustments so the balance of their project will have to
ultimately be revised to reflect that building placement. What is did was move the drive aisle slightly
and everything slightly further south in their revision that they made in the last couple of weeks. This
evening, the key things for the Planning Commission members to look to with this is first the
consideration of Superior Urban Design. You have the guidelines that Staff has provided and the
applicant outlined how they are addressing those provisions in a letter. Basically, its making that
designation for Forest Street to be designated as the corridor elevation for purposes of setback and
parking locations. The Development Advisory Committee Report goes on to include comments from
the Department of Public Works, the Fire Marshal’s Office and DelDOT. They will be having to
work with DelDOT for Entrance Plan Approval for their access onto Saulsbury Road and then the
Kent Conservation District in regards to their Sediment and Stormwater Management Plans. New
color renderings of the project were provided more recently than the ones that were in the
Commissioner’s packets but they are relatively the same with some minor changes on the corridor
elevation. There is a view if you were from the north looking south that shows the parking area with
the vacuums and the exit portion of the building itself. There is another view showing the amount of
green space. The plan does show these as future potential development areas that would be subject to
future Site Plans should they develop in any other fashion other than being a grass lawn with trees.
There is a view that provides elevations of all sides of the building. You can see that it is a very
dynamic building with towerlike sections and a curved roof. There is a lot of glass and colored metal
for the project. It does have like a tunnel opening. The second one from the top would be the view
from Forest Street. On the west side of the building you have the drive canopy where you would pay
for your services and then circle around to enter the building. There was a slight change to the
elevation of this building to bring it more into compliance with the COZ-1 (Corridor Overlay Zone)
and the requirements of the corridor elevation. This is a use that is permitted in the zone and you are
dealing with considering whether it is of Superior Urban Design.
Mr. Liberman stated that the site fronts on two streets, Forest Street and Saulsbury Road within the
COZ-1 (Corridor Overlay Zone). There are five categories for Superior Urban Design and they need
to comply with two of the five. The first category is multi-modal transportation. The site has been
designed with an emphasis on pedestrian safety even though it is a Car Wash. Crosswalks and
barrier access have been provided throughout the site. They have a barrier free handicap accessible
route from Carver Road into the site. They have also provided a sidewalk connection with steps that
goes from the main building out to Forest Street. They are replacing the existing four foot wide
sidewalk along Carver Road which is about 200 feet of sidewalk. They are going to be taking that
out and replacing it with the Code required five foot sidewalk and extending that sidewalk for the
full length of our street frontage along Carver Road. They have added a five space bicycle rack for
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employee use which exceeds the one space bike requirement. The next category is architectural
features. The proposed Car Wash has unique architectural features showing multiple colors and
materials on all four sides. They don’t really have a blank wall associated with this building. It is a
very sharp looking facility. The tower elements on the southwest and northeast corner elevations are
identifiable and distinctive features that will improve the character of the area. Each tower also had
glass windows near the roof line. Landscaping is the next category. They are going to provide
additional increased landscape plantings along the Forest Street buffer with a main point of
providing landscaping to kind of shield the drive-through entry. For the loop there that comes down
towards the street, they are going to provide additional plantings in that area so that they can kind of
hide the cars going in. They are also proposing increased base plantings along the east side of the
building and around the tower elements of the building. The next category is improvements to public
space. The site developer will be removing the four foot sidewalk as he mentioned and replacing it
with a five foot wide sidewalk the entire length of Carver Road (frontage). Also the plantings along
Forest Street will be added to emphasis the sidewalk canopy entering the site at this location. If you
see, there is a sidewalk that comes down towards Forest Street that will be part of this category that
calls for increased plantings in this area to kind of funnel people in through the sidewalk area and
beautify that one location. Green technologies is the last category. The site is proposed to be served
by green-technologies best management practices by a retention area for stormwater quality and
quantity management. Also the Car Wash recycles approximately 70% of the water that is used in
the cleaning process so there is a recycling element to what they are doing. They are supposed to
meet two of the five categories and they meet all five of those categories for Superior Urban Design.
The site takes access off of Carver Road with a full access and Saulsbury Road with a rights in/rights
out access. They have met with DelDOT to go over those access points and they don’t judge us on
Carver Road. They wanted to get them as far away from the intersection of Forest Street and Carver
Road with the entrance so they are fairly happy with that one. They have to submit detailed Entrance
Plans for the rights in/rights out entrance off of Saulsbury Road. That obviously will be up to their
design standards and will require their approval for that location so they will work with them to
maintain and get that. They was a question that was raised about stacking and the potential of how
cars will move throughout the site. With cars entering off of both Carver Road and Saulsbury Road,
they have stacking for about thirty-two cars from the pay window all the way out to the streets
before one would block a crosswalk and then it’s another two cars before they get into the street so
there is a total of thirty-four cars before we get into the street. It is a large number of cars that they
are providing for stacking but it is really an enormous number when you consider that it only takes 2
minutes and 10 seconds for a car to go through the car wash. The car wash has the capacity to serve
close to two hundred cars per hour. He does not think stacking through the site and onto the streets
will be an issue. The proposed use within the C-2A (Limited Central Commercial Zone) Zoning
District is an approved use in the district. They are not asking for any waivers. The site also complies
with the COZ-1 (Corridor Overlay Zone) per Staff review.
Mr. Roach stated that on the outside it says nineteen spaces and on the inside it says seventeen
parking spaces. Responding to Mr. Roach, Mrs. Melson-Williams stated that she believes that it was
revised to seventeen.
Mr. Liberman stated that the plan that was up on the board showed seventeen parking spaces.
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Mrs. Melson-Williams stated that they made some adjustments to widths of parking islands to be in
compliance with those and in doing so, lost a couple of spaces.
Mr. Hartman stated that he has used that Subway in the past and it is very difficult to get out of there
and get back into town. Have you looked at traffic patterns that might be exiting the site coming
back towards Dover? Would they be going through the school zone? Responding to Mr. Hartman,
Mr. Liberman stated that the whole block from Forest Street and Saulsbury Road all the way up to
Carver Road is all commercially zoned properties at this point. He thinks that you are going to see an
increase in commercial activity within this area. As far as the Subway, they have access off of Forest
Street and then they have access off of Saulsbury Road. Part of what they are going to be doing with
DelDOT is looking at how all of the accesses intermingle so that is something that they need to
consider.
Mr. Roach asked if the thirty-four total cars allotted for stacking was split for a certain amount one
way and a certain amount the other way? Responding to Mr. Roach, Mr. Liberman stated yes, they
have seventeen that stack in from the vacuum area down to the drive through. There are nine that go
towards Carver Road and there are eight that go towards Saulsbury Road. The eight and nine along
the top coming in from those streets are single file. They started counting double file once they got
below the access for the vacuums. They left the lane out from the vacuum area and then have singles
leading up that one aisle going to the main drive aisle that goes east to west. That is where you get
the odd number of seventeen.
Mr. Roach questioned what the hours of operation would be? Responding to Mr. Roach, Mr.
Liberman stated that he believes the hours of operation that they are looking at is 7AM to 7 or 8PM
and that is really based off of seasonal. During the winter they will close earlier.
Mr. Roach stated that he works at Booker T Washington Elementary School so just knowing that
around that time with everybody going to school at William Henry and Booker T Washington, he
was just hoping that they really consider the stacking and the entry way and exit way because
between the buses and the parents dropping kids off parked on Carver Road and all of the through
traffic that is getting to Booker T Washington, there is a lot already going on on Carver Road. He
just hopes that we make sure that we work with DelDOT to consider those entry and exit ways.
Dr. Jones stated that he did mention that Mrs. Melson-Williams is very thorough but she wants to
know if they are in agreement with the DAC comments and report. Responding to Dr. Jones, Mr.
Liberman stated yes, they have reviewed those and have responded back with their revised Site Plan
and they are acceptable of those comments.
Dr. Jones opened a public hearing.
Mr. Doug Ferris – Angle Financial & Business Services 31 Saulsbury Road Dover, DE 19904
Mr. Ferris stated that he owns a planning firm at 31 Saulsbury Road which would be exactly
adjacent to this project. He does want to start out by saying that as entrepreneur himself, he never
wants to put a brake on any type of movement in our community or any entrepreneur themselves but
he is opposed to this at least the way he hears it right now for a number of reasons. It will definitely
have an adverse effect on several parts of their business as well as their real estate. His advisory firm
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only deals with retirees. He ran a study a few years ago and his average age is 68 years old. He has a
very difficult time at this point getting his clients in and out of that driveway. He is sure that
anybody that has been on Saulsbury Road between 3-6PM knows what he means. It’s a great idea
because of the traffic for a car wash but it is horrendous traffic. He advises all of his clients that
when they leave the parking lot to turn right and go around the block because you can’t turn left. He
also wants to tell you and you can probably verify this with the Dover Police Department, there is
probably two to three accidents a month in that location just because of the overabundance of traffic.
They have people at his office ask why there are so many accidents out front. It has to be the
overabundance of traffic. Now we are talking about an ingress and egress from Saulsbury Road. He
doesn’t even see how that is possible at this point. He is open to this but he needs to make sure that
everyone understands how this will affect his business and property value. He has a tenant that rents
from him next door and if someday he wants to close his business and sell it and rent that property,
he is not sure how many people want to be next to a car wash mainly because of the noise. The noise
can be the biggest issue along with the traffic. They have to operate and they are going to have
vacuums out there. They are going to have people working. His understanding is that there are about
fifteen motors that run these cars through the car wash which obviously does create a lot of noise.
Also, to the gentleman that spoke about stacking, we are all familiar with the West Side Car Wash.
On busy days those cars are out on the road. It is a little bit easier because of where it is but he can’t
imagine it on Saulsbury Road. He can just imagine being in his office and hearing the car wash all
day long. It is against his normal demeanor to oppose anything like this but he really does feel like it
will have an adverse effect on our business and our property value. The ingress and egress off of
there is going to be very difficult and he begs for anybody to go out to Saulsbury Road between 3-
6PM; it is a very difficult corner. Subway is a very difficult place to get in and get out of. It is also
one of the reasons for the accidents. Coming around the corner off of Forest Street onto Saulsbury
Road can create an awful lot of difficulty as well too. He truly does feel bad for opposing this but the
way that he sees it right now unless there are changes and the only think that he can think of is are
they going to put up a fifteen foot fence adjacent to his property so that he doesn’t hear the noise
each day. With all due respect, he is in opposition of this project.
Dr. Dan Shelton – Superintendent for Capitol School District
Dr. Shelton stated that they own three properties adjacent to this project; Booker T Washington
Elementary School at 901 Forest Street, William Henry Middle School at 65 Carver Road and the
Kent County Community School on Carver Road. They are not here this evening to discuss the
benefits of having a car wash in the vicinity of the schools but they did have a couple of questions
and things that they wanted on record with the Planning Commission. This is the report that was
published in 2018 which was publicly vetted and voted on by the Capitol School District Board of
Education. It outlines sixteen projects that will happen over the next ten to fifteen years. They have
had tremendous success so far. The State has already authorized five of those sixteen projects and
the residents in the Capitol School District have voted and approved three of the five projects. The
latest projects are two separate projects that will be going on at the William Henry Middle School
and those are funded 100% by the State so they are very excited because they won’t be going to
referendum again but they will be getting a renovation at William Henry Middle School. As we go
forward in the plan moving forward for that site, Capitol School District has designated this
particular set of properties as their main site because it is where we have a large chunk of our
schools. As noted before, William Henry Middle School, just adjacent to that is the Kent County
Community School and right behind that is currently the Kent County Secondary ILC which will be
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moving into William Henry Middle School post renovation. They also have Booker T Washington
Elementary School and as you all may recall, the District Office used to be sitting right next to
Booker T Washington Elementary School and that now empty lot is slated for use of a 600 seat
addition to Booker T Washington Elementary School to bring that to the right size. In addition, the
Capitol School District purchased about ten years ago, the corner of Clara Street and Saulsbury
Road. They purchased three properties on that corner and that property will connect into where they
currently have the original football field for the William Henry Middle School, is slated to have a
Preschool Center and Kindergarten Center added. That would then round out the main site and the
main site would have a preschool, kindergarten, elementary school, William Henry Middle School
and KCCS expansions. It sounded like there was a great deal of work around Saulsbury Road in
making sure that Saulsbury Road and Forest Street would have clear access; however, we have a few
people here who have spent a little bit of time on Carver Road and for those of you who have never
traveled Carver Road during certain times of the day, it is extremely busy. The driveway that
connects between Carver Road and Weston Road, they spent a great deal of work with their staff at
Booker T Washington Elementary School and William Henry Middle School and the Community
School to try to get traffic realigned so that we could try to get it not going from every direction.
Those are our parents and we have their children kind of held hostage until they do it the right way
and they are still struggling to get traffic to go in the right directions and not completely grid lock
that corner that Commission Roach just pointed to. Having that driveway just slightly off-set is of
great concern to them and they would hope that DelDOT would do some sort of Traffic Study on
Carver Road to determine if that makes sense or not. The other potential is that it looks from this
rendering that it would be open access. There would be no fencing or barriers or green so the noise
potentials going towards educational spaces would also be of concern and there was not any account
for that so far from what he heard in the presentation.
Mr. Anthony DePrima – 575 Westwood Drive Dover, DE 19904
Mr. DePrima stated that he was on the Capitol School District Board. Dr. Shelton had asked him
with his experience here to take a look at some of the more specifics of the Site Plan and to see if
there is anything that we can do to mitigate the impact. There was no Traffic Study here and he
doesn’t think DelDOT is going to speak on where the alignments of the drive aisles are because
Carver Road is a City street as far as he is concerned. They are wondering based on the model as a
franchise, what is your projecting amount of traffic per day and the number of cars per day that you
are hoping to get through here on any given day. The other question would be what your peak times
of day would be so that they can compare that to the peak times for the buses. Dr. Shelton had
already mentioned that there was some concern about all of the open space. There are kids walking
to and from school there now and there will be in the future so they are a little concerned about kids
just wandering into the site. One recommendation would be a nice decorative fence to match the
architecture here which is very nice by the way, but some sort of decorative fence along Carver Road
and maybe Forest Street just to keep kids from cutting through. You have already heard a concern
about noise. They know that they best way to suppress noise if you can’t put it in a building is to at
least have some solid fencing right near it so he would suggest that the applicant consider adding a
solid fence right behind those vacuums on the north side. Again, the idea is to provide some noise
suppression and he thinks the closer that they are to the actual source it will help contain the noise
within that area. Responding to Mr. DePrima, Mr. Gilmore stated that putting trees or some type of
bushes around their vacuums is not a problem at all. He does not have any problem buffering any
type of sound that there is so they can put trees in the islands around the vacuums. That will help
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contain it and he thinks that it will also help the gentleman that spoke first about his business. They
do have new vacuums and they are so new that they haven’t gotten the studies back from the
engineer on how low they are because they changed them to electric systems instead of other
motorized systems. One thing about their entrances, DelDOT is coming through and shutting down
all of the entrances of their lots on Forest Street so they do not have an option but to be on Carver
Road and Saulsbury Road. He does believe that Mr. Liberman staggered the lot on Carver Road
from the school entrance there just for safety to see one car coming out and one car coming in. At
that point in time, if there is ever any type of issue with the school of their cars coming in and out
they would definitely work with the school and put an employee out there monitoring their cars
coming out of the lot because they are about safety. The projected number of cars is roughly 350-400
per day. The franchise has one location where the traffic is just astronomical and unless the building
just shut down, they would not stop cars from coming in. They just did shy of 3,000 cars in one day
and it never backed up to the road. They have a pole camera that went up. The cars are on and off the
lot. You literally have to put the 31 cars on the lot at the same time for it to back up because you are
through the car wash in 2-3 minutes. For the traffic in this area, you would never see that and it’s
proven because they can forward the video tape to anybody. With trees, there are trees being planted
to meet the Code with Planning Staff every 75 L.F. Peak times are still to be determined right now.
For most locations, the peak times are either early morning between 6-7AM when you are on your
way to work. They are a different type of car wash; they are an express car wash. You are in and out
and if you want to vacuum your car, that is on you. They see their peak times in early morning
depending on the demographic of the area. If you are a demographic who has to be somewhere by
8AM, you are coming through between 6-7AM. Otherwise, their other peak time is after work which
is usually between 4:30-5:00PM to about 7PM.
Mr. Tolano Anderson – 50 Dove Creek Terrace Dover, DE 19901
Mr. Anderson stated that he is the seller of the property. The Commission may remember him from
April 2019 when this group of properties including the Subway was rezoned through this body to C-
2A (Limited Central Commercial Zone). With this being a permitted use, it was one of the windows
that they wanted to open so they are really excited about that and they are also really excited about
this project. He is here to speak in favor of this application. He owns property also in the same block
on Carver Road to the north of this property. Unlike Mr. Ferris, he believes that this is positive for
property values. He is looking at the ten buildings that currently exist; a combination of an auto
detail shop, a shelter property and six or seven residential properties. This is not only going enhance
the area but it will also help the property that he has to the north. He thinks that it is going to
increase the values across the board. He thinks that it is going to beautify the area and he thinks that
it is going to be just a really dynamic project so as a property owner as well, he thinks that this is a
positive thing and hopes for the Commission’s approval. He has also been working with Mr. Davis
who was here before the Commission with the previous application in April 2019 where they were
rezoning together hoping to even expand this a little more. He is also in favor of this project and has
no issues with it whatsoever. He knows that his Subway is a very tight site but he also knows that
DelDOT is doing numerous improvements on Saulsbury Road in the future and they will be adding
lanes of traffic there as well as improvements on Forest Street. They are aware of the situations and
circumstances. He also attended the meeting that these gentlemen had with DelDOT last week and
that is really positive. No one is going into this with blinders. Once again, he thinks that it is a great
project that is really cutting edge. He actually has a very big truck and this will be the only car wash
in town that his truck can actually go through. He knows that some people have concern about there
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being another car wash in Dover. He thinks that it is actually a positive thing because as consumers,
we win when there is competition or when there are options. If you want a full service car wash you
go right down Forest Street, you don’t have to vacuum it or do anything you just get out and wait
until they are done. But if you only have a couple of minutes, you would get through this car wash in
2 minutes and you are off to your next appointment. Consumers benefit when you have options and
opportunities to pick and choose. On this same corner, there is a CVS Pharmacy and there is a
Walgreen’s Pharmacy. If you want to eat at Subway that is fine or you can go right across the street
to Vincenzo’s. It is good to have options because the benefit is to the consumer. It drives prices
down, it gives options and it also increases service. He thinks that it is really good across the board.
He also wanted to point out that he has looked at this project very carefully and he thinks that it is a
benefit. He is all for green products and he thinks that what they are doing here and how they are
doing it is really good.
Ms. Faye White –
Ms. White stated that she is speaking on behalf of the children. By working with the children years
ago at KCCS and also at Booker T Washington Elementary School and William Henry Middle
School, her concern is that little small street when the school buses and the parents are waiting for
the children to come out it is congested there. How can you secure the safety of the children? He
understands the project and she is not against the project but her greatest concern is the children. She
has been there early in the morning when children arrive and also in the evenings and that little street
when you enter off of Forest Street is so small. The parents have to double park as it is to wait for
the children because you can’t get into the parking lots. Responding to Ms. White, Mr. Liberman
stated that they are providing sidewalks along Carver Road and Forest Street. What times are the
peak times for when people are arriving for drop off and pick up?
Dr. Shelton stated that people are arriving from 6:30-9:30AM and then again from 1:30-4:30PM.
Responding to Dr. Shelton, Mr. Liberman stated that the afternoon times should not cause an issue;
it would just be the morning times. Like Mr. Gilmore said, they could provide someone onsite at the
entrance to be able to direct traffic into their site as needed.
Ms. White stated that the street is so small and with your customers coming in and out of the car
wash and the traffic from the school five days a week and she doesn’t know whether the schools will
have any activities on the weekends at the school. Responding to Ms. White, Mr. Liberman stated
that they can take a look at it again. There is the possibility of some striping along Carver Road to
provide maybe a deceleration lane.
Mr. Coban Goertz – 5 Topaz Lane Camden-Wyoming, DE 19934
Mr. Goertz stated that he is a customer to Dover itself. He grew up in Dover and one of his first jobs
was in Dover near this car wash. As said in the opening statements, the concerns were the housing
and the homeless shelter that they would be eliminating. This would be eliminating jobs as well. He
is not sure how many jobs an automated car wash provides. From a first responders point of view,
getting to this school that has been mentioned several times, God forbid there is an emergency, this
is just added traffic to get through. He can see someone’s car wash being a lot more important than
his lights and sirens. He doesn’t know if the car wash is open 24/7 for the vacuums or not. He is sure
that Dover PD can contest to this but that just opens up the possibility for drug transactions at a 24
hour business that is not manned. It may be surveillance and there may not be a reason to be there
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but somebody will make a reason to be there and it’s not always legal. Coastal Car Wash on Route
13 is automated and they have terrible back up. But again, as a first responder, people don’t move
and there is really nowhere to go even if they wanted to move in that instance. The roadway gets
blocked worse than where they want to get where they are going.
Ms. Bessie Crane – 855 Townsend Boulevard Dover, DE 19901
Ms. Crane stated that her main concern is the school. She used to travel that road just going to the
Credit Union and getting in and out of that road is almost impossible. Getting out onto Saulsbury
Road you definitely have to make a right hand turn and if you are going to get out on Forest Street
you better make a right hand turn. If you try to make a left hand turn you are going to have an
accident. Her main concern is when the school is in operation, they have the school buses and the
parents trying to pick-up their children and it is really congested most of the time. Before you make
the decision, each Commissioner should go out to the site and check for themselves just to see
whether you agree with us or not as far as traffic is concerned. Seeing is believing and you would be
able to make a better decision.
Mr. John Paradee – Baird, Mandalas and Brockstedt – 6 South State Street Dover, DE 19901
Mr. Paradee stated that he represents Tommy Car Wash. He wasn’t planning on speaking tonight but
he thinks that it is important that this body keeps in mind the context of the application that is before
you. It is a Site Plan Application for a first permitted use under your Zoning Code. Although he
respects and empathizes with a lot of the concerns that have been expressed here such as traffic
congestion and noise, there are means of dealing with those concerns. DelDOT is certainly involved
and will deal with any traffic concerns that there might be. All of the site concerns that were
mentioned are dealt with by things like landscaping or buffering and the types of things that the
applicant has indicated that they are prepared to do. The point here is, with all of the testimony that
you have heard and opposition of the application, there has not be one single word or piece of
evidence to suggest that this application fails to satisfy all of the Code requirements. He simply
wanted to make that point so that it is clear on the record that this is in fact an application that meets
the Code requirements and therefore, respectfully, the Commission is obligated to approve it.
Dr. Jones closed the public hearing.
Mr. Tolbert stated that most car washes use chemicals in the water that they use to clean cars and
those chemicals can be toxic and can affect underground water. Has your plan taken into
consideration for taking care of that problem? Responding to Mr. Tolbert, Mr. Gilmore stated yes.
As you enter inside their facility, you have a sloped concrete that goes in and there is a trough that
runs the entire length of the car wash so everything flows into that trough. They clean 70% of their
water which goes through several tanks dropping all additives in it or any dirt or debris that comes
off of the car. All of the soaps also go down into that trough. When you exit, that slopes out but you
have gone through eighteen blowers inside the tunnel at that point in time so all of the water is
trapped inside that tunnel.
Mr. Tolbert further questioned if any of that water would go underground and affect the surrounding
areas? Responding to Mr. Tolbert, Mr. Gilmore stated no, the way it is designed in their engineered
plan, it shows you where all of their reclamation tanks are and how everything falls into the system.
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That is how their whole system works because they are a belt driven system which makes them so
fast. Everything is sloped in and then inside it is sloped in to capture all of that.
Mr. Roach stated that he wanted to get more clarity in regards to the Superior Urban Design
determination. If we don’t approve that hypothetically because it didn’t meet the Superior Urban
Design, what would happen as far as the design and the overall layout? Would it just be the setback
issues in regards to the Forest Street site? Would it just be the height requirements? What would
actually be the difference between approving it as far as the overall commercial zone versus the
Superior Urban Design determination? Responding to Mr. Roach, Mrs. Melson-Williams stated that
with a Superior Urban Design determination, it allows one of the corridors to become the focus of
certain aspects of the COZ-1 (Corridor Overlay Zone). In particular, it’s focus on setbacks from the
property line and parking locations. She thinks the difficulty if it is not recognized is that there is
really not a way to meet the setback of Saulsbury Road because of the shape of the building. It
becomes that the building is nowhere close to what would be minimum or maximum setbacks on
Saulsbury Road without an L shaped building. In this case, there is a provision of the Zoning
Ordinance that allows the selection of one of the corridor frontages to become the leading frontage
in terms of your front yard setback. This is a little unusual as they are not totally at the corner but
they have made the determination that it functions like a corner property because of its
configuration. The alternative to that would have to be a Board of Adjustment Provision. But the
ability is given to the Planning Commission to make that determination of Superior Urban Design
and she thinks that they have certainly outlined that in their letter as to the types of components of
Superior Urban Design that is in our policy document.
Mr. Roach stated that the only reason that he was asking was to make sure that he was reading as far
as the goals and the policies as specific as it is because it stated that partial fulfillment of one or more
categories will not constitute a qualifying application but a minimum of two criteria must be
addressed entirely as a specific of requirement. When they broke down the comments as far as the
bullet points, he was just making sure that when it states that it has to meet all of the requirements of
each bullet point, does that mean it has to hit each bullet point or as long as it addresses the bullet
point in general. Responding to Mr. Roach, Mrs. Melson-Williams stated that it would be the bullet
point in general and there are examples that are given.
Mr. Hartman stated that one gentleman had mentioned that the applicant has met with DelDOT and
some of the public has met with DelDOT and DelDOT hasn’t provided a lot of information in this
submittal. Is there an opportunity for the Commission to look at DelDOT’s work on this or to look at
traffic in the future? Responding to Mr. Hartman, Mrs. Melson-Williams stated that how DelDOT
typically participates in our DAC process is what you see. They will give basic information as to
what type of review process the applicant will need to move through with them. As a separate
regulatory agency, they have their own review process for achieving entrance location and Entrance
Plan Approval. They have their own regulations and you will not change or place a new entrance on
a State maintained road without going through that review process. She believes that the engineer
indicated that they have started that process which initially begins with meetings with the agency
and becoming aware of what DelDOT projects are in the area as well as the submission requirements
that will be necessary from the applicant specifically to DelDOT to achieve Entrance Plan Approval.
Ultimately, how that interacts with our process here is that they cannot receive Final Site Plan
Approval from the City until that regulatory process is completed with DelDOT and the other
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agencies. Ultimately, to get Final Site Plan Approval we will need Final Entrance Plan Approval
from DelDOT, the Kent Conservation District, the Fire Marshal’s Office regarding the site and the
Public Works Office on sewer and water issues.
Mr. Hartman stated that he is certainly interested in what the Fire Department has to say about
access. Will DelDOT consider the comments of Capitol School District and the other people who are
concerned about the school children’s safety and traffic in the area? Responding to Mr. Hartman,
Mrs. Melson-Williams stated that she would imagine that the DelDOT review process takes into
account all modes of transportation. They are well aware of the challenges of intersection of Route 8
and Saulsbury Road. They already have some Safety Improvement Plans for improvements to that
intersection and its road segments approaching that intersection. She would imagine that this project
may help in making some of those improvements to the corridor. Certainly with this project it
eliminates a number of multiple driveway entrances that exist out there today and reduces that
number which they always seem to like.
Dr. Jones stated with respect to the comment about what the Fire Marshals might say, in the DAC
Report, the Fire Marshal has said the following items have been identified as elements that need to
be addressed by the applicant. Item #10 states that “multiple access roads shall be provided when a
Fire Department access road is determined by the Fire Marshal to be impaired by vehicle congestion,
condition of terrain, climatic conditions or other factors that could limit access.” There has been
some response. Responding to Dr. Jones, Mr. Hartman stated that he read that and it appears to be
boiler plate wording that is carried on every time you read one of their reports.
Mr. Roach questioned how many staff it takes to operate the car wash? Responding to Mr. Roach,
Mr. Gilmore stated that they operate one shift with approximately 3-6 employees.
Mr. Tolbert moved to approve S-19-22 Tommy Express Car Wash at Carver Road on the condition
that the applicant continues to work cooperatively with the DAC Agencies and the Planning Staff
and that the approval includes the Superior Urban Design determination as stated, seconded by Ms.
Maucher and the motion was carried 6-0 by roll call vote with Mr. Adams, Ms. Edwards and Mrs.
Welsh absent. Mr. Tolbert voting yes. Ms. Maucher voting yes; based on Staff recommendations and
she also thinks that people train themselves to avoid congestion so she appreciates the traffic
concerns but she thinks that it will work itself out. Mr. Roach voting yes; based on the fact that it
complies with the zoning and what its uses are allowed so like Mr. Paradee said it is really nothing
that you can deny but he also hopes that the owners of Tommy Car Wash continue to work with
Capitol School District and the surrounding people and be a man of his word and actually add those
buffers and the things as far as the sound and noise because be personally believes in upgrading and
the beautification. He lives on Slaughter Street so he has lived here his entire life and that area that
is being developed has always just been buildings and had no use or beautification. He thinks that by
adding this like Ms. Maucher stated, we will figure out ways to manage the traffic. He just asks that
the applicant continue to work with everyone and maybe meet with Dr. Shelton and the surrounding
areas to make sure that we try to work out the best idea to be able to make sure we keep the kids safe
because in his opinion, a car wash or food is not important when it comes to our kids. They are the
most valuable resource so if we take care of that, he is all for it. Mr. Hartman voting yes; reluctantly
and he hopes that throughout this process at some point DelDOT addresses the Capitol School
Districts’ concerns about access and congestion and if we see this again and that has not been
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addressed that will be very disappointing to all of us. Mr. Baldwin voting yes; it’s a good addition
and more importantly than that it does meet Code. Dr. Jones voting yes; but reluctantly for the very
same reasons as stated by Mr. Hartman and Mr. Roach. Many things we control but we don’t really
control the behaviors of children who are walking to and from school and parents who are very
eager to pick-up their kids.
NEW BUSINESS
1) Update on Appointments of the Architectural Review Oversight Subcommittee of Planning
Commission (in accordance with Zoning Ordinance, Article 10 §2.28)
Mrs. Melson-Williams stated that at the Annual Meeting they identified the Planning Commission
members as Mrs. Welsh and Ms. Maucher to represent the Planning Commission on that body and
that left us with the need to find two design professionals to join that Sub-Committee. Previously,
Mrs. Sarah Keiffer who is the Director of Planning Services for Kent County and Dr. RJ Chandler
who is a faculty member with the architecture program for Del-Tech were identified. Staff has
reached out to both of those individuals and they have expressed their willingness to continue to
serve. To formalize that, she would accept a motion that those two individuals be appointed to
serve as the design professionals on the Architectural Review Sub-Committee.
Mr. Tolbert moved to approve Mrs. Sarah Keiffer and Dr. RJ Chandler as the two design
professionals to serve on the Architectural Review Sub-Committee, seconded by Ms. Maucher and
the motion was carried 6-0 by voice vote with Mr. Adams, Ms. Edwards and Mrs. Welsh absent.
2) Project for Dover’s 2019 Comprehensive Plan
a. Introduction of the Release DRAFT Plan (dated 10/1/2019)
Mrs. Melson-Williams stated that they have exciting news. The Release Draft of the plan is out
for review. Mr. Hugg is going to run through some background information and then she will
continue with the exciting news with what is now happening with the plan.
Mr. Hugg stated that some of this you have heard before and at the risk of repeating, he thinks
that it is important. The current plan that they are operating under today was prepared in 2008
and adopted in February 2009 and although there have been a handful of amendments to it over
the years, that plan is pretty much the plan that we continue to deal with today. State Code sets
forth a series of planning requirements for Municipalities and Counties. Essentially they are,
once every ten years the Comprehensive Plan must be fully reviewed and updated against the set
of criteria that address issues ranging from housing and economic development to community
character to existing and future land use annexations. The 2019 Plan has been a priority of the
Planning Department now for about 1.5 to 2 years. It has driven a lot of the day to day work that
the Planning Department does and the additional little things that come before you on a regular
basis. They applied to the Cabinet Community on the State Planning Issues some time ago and
asked for an extension of our deadline which would have otherwise been February 2019 and
asked that they have until February 2020 to actually achieve Plan Certification so we are
operating under a one year extension of our existing Comprehensive Plan. It is kind of a five
stage process. The first stage was a lot of information gathering and that gets to things like
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understanding what’s gone on in the community for the last ten years, where the occurred, what
kind of development, population growth and all of the things of that nature. That becomes the
basis for writing the plan and developing the plan maps. From that a set of plan
recommendations which he believes the Commission has seen on a number of occasions. Then
we move to Sections 4 and 5. They are beginning the formal review process and one of the steps
in that process is called PLUS Review operated by the State Planning Office. The first complete
draft of the plan is reviewed by them in a formal process and they will go before them this week
to get their comments and determine how well they did at meeting all of the requirements. From
there, the plan will come back to the Commission for review and consideration and adoption and
then it will go to City Council. Once it is through City Council, it will go to the State for
approval and ultimately the Governor’s Certification. Then the real fun begins because once the
plan has been certified and adopted there are a whole host of implementation steps ranging from
making sure that all of the zoning is consistent with the new plan to a number of ongoing studies
and initiatives that are part of the plan recommendations and that will pretty much drive the work
of the department for the next year. The 2008 and 2019 Plan are both located on the City’s
website.
b. Upcoming Public Outreach Events for 2019 Comprehensive Plan:
i. Open House Event – October 23, 2019 from 3:00pm -7:00pm at Dover Public
Library
ii. Visitation Event – October 24, 2019 from 8:30am – 5:00pm at City Hall
Mrs. Melson-Williams stated that they are back into their public outreach opportunities. On
Wednesday of this week we will have an Open House Event that is scheduled from 3-7PM at the
Library and then what they are deeming as a Visitation Event that will be a little more informal
at City Hall. You can still see the same maps and chat with Staff at any time during their normal
work day about the Comprehensive Plan. This was in an ad in the paper and will be there again
tomorrow. They have also done some of their basic outreach to some of the regular email list. If
you have any friends that you would like to invite, they certainly have cards that you can take
with you tonight or you also received a flyer via email that outlines both events. It is certainly an
opportunity for the public to see what the Release Draft Document is. As mentioned the Release
Draft Document was submitted for PLUS Review and that meeting is Wednesday morning so
they will have a better sense of where we stand if there are any major deficiencies with the plan
that would cause certification issues or other information. They will hear verbally at least some
of that on Wednesday morning and then ultimately in mid-November receive formal written
comments on the Release Draft itself. The Release Draft Plan, they had to submit the entire
document to the PLUS process so there is the text of all fifteen chapters and the series of fifteen
plus maps that go along with that. Both of those items are available on the City’s website. They
are in PDF form so you can download the whole text as it exists now and the map series. They
also have a copy available at the Library at the Reference Desk and also at the Planning Office.
They are not handing them out but you could take an opportunity to take a look at it. Ultimately,
you will receive a copy as part of the formal review process but if you want to start familiarizing
yourself with the document there is certainly the online opportunity. It is not something that you
read in one hour so you may want to start familiarizing yourself with the document.
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As mentioned, she noted that the Release Draft is out now. There are previously a number of
items that you have seen off and on over the year and then of course for the future activities,
there will be a formal public hearing that is needed before the Planning Commission. At this
point, they are probably looking at December because we will need to have the PLUS comments
in hand and they are still evaluating whether that will be part of your regular meeting or if a
special meeting will be necessary. It will be a full public hearing, the opportunity for the public
to speak on the document. If there are any particular requests for changes to the document, those
will also be packaged for you to address with that.
They have a list of the Table of Contents. You can see the range of chapters that are involved in
this Plan Document itself. The key element in Chapter 1 is that they did do a report card listing
as a series of accomplishments in each of the major topic areas since 2008. Chapters 2 and 3 are
a bunch of data; whether it’s about Development Applications or Demographics. It is a lot of
number crunching in that chapter. Chapter 4 is a requirement where we have to report on any of
the citizen participation, ranging from our survey to their various public engagement events. The
meat of the document is really Chapters 5-11 which are the topic area chapters. They consist of a
lot of background information and the Goals and Recommendations for each topic area. The
Commission has seen some draft versions of the Goals and Recommendations. Chapter 12 is one
of the key elements of the plan and that is the Land Development Plan. They have to describe
land-use throughout the City and there is associated Map Series and a Land-Use and Zoning
Matrix. She did place a copy of that Land Development Plan Map on the Commissioners’ desks
in the Citywide presentation and a copy of the Land Use and Zoning Matrix. Basically, the land
use category on the map then translates into the types of zoning classifications for an individual
area. Chapter 13 is all about Annexation. They have to describe how and where the City would
ultimately expand. Chapter 14, they have to report on what they call their Intergovernmental
Coordination whether that is with adjacent Municipalities, Kent County as well as State and its
various agencies. Chapter 15, as Mr. Hugg mentioned, once they adopt the plan there is more to
come and that is the Implementation Plan. There is a series where they basically took the Goals
and Recommendations and pulled the action items out of those and put them into a series of
categories: Immediate, Ongoing, Short-Term, Immediate-Term and Long-Term. It is somewhat
of the marching orders for both our department and the City overall in other departments. It is
not just the Planning Office that does the implementation of this study for the City. Also in
chapter 15, they have to identify what the process is if you need to amend the plan any time in
the next ten years. There is a whole series of maps and she has to give kudos to Mr. Eddie Diaz,
a previous Planner who worked with our Staff here who got us started on the maps but then she
has to give kudos to the City’s GIS Department that is part of the Public Works Department. Mr.
Jeremy Gibb who is one of the GIS Technicians has had a lot of visits from her in working with
these maps all in the middle of Public Works’ anticipated move which happens this week. They
have been a great assistance at that technical level. All of our maps were created using ArcGIS
and again, a lot of data goes into map development.
This is an example of one of the maps. They did do some format changes so if you are used to
looking at the 2008 Maps, these look a little different. This is the Land Development Plan for the
entire City. They have actually broken the City down into four quadrants to present this map in a
little more clear way in the Plan but this gives you a fairly good sense that they have a series of
commercial corridors and nodes throughout the City. They do have green space that exists. They
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have pockets of residential area and then of course the Air Force Base in our southeastern
quadrant of the City. This is just a sample of one of the fifteen maps that is in the Plan. If there is
any advice that she can give to the Commissioners is that if you’ve got a few moments, take
some time to start to familiarize yourself with even just the Release Draft. Ultimately, you will
receive a complete Final Draft that will move through the formal review process. If your
schedule allows, feel free to stop by and see them either on Wednesday or Thursday and share
that opportunity with anyone that you know as well.
Mr. Tolbert questioned if the areas that are not part of Dover were in white on the map?
Responding to Mr. Tolbert, Mrs. Melson-Williams stated yes. On this map, if it’s got a color on
it, it’s in the City of Dover. White is outside of our jurisdiction.
Mr. Tolbert questioned if they set zone for those areas? Responding to Mr. Tolbert, Mrs.
Melson-Williams stated that for areas outside of the City, you would need to look at Map Series
13-1 and 13-2. They have to identify areas for potential annexation into the City. For some of
those areas, they have to do the same kind of color thing. If it were to come into the City, what
type of land-use activity should be happening there? Should it be residential? Should it be a mix
of Commercial and Industrial uses? They have to look at their boundaries and see where it makes
sense to expand. Where is it reasonable to expand? That is all part of the Annexation Plan and
Chapter 13 really focuses on that.
Mr. Tolbert questioned if the City can control what the residents in those areas can do or can’t do
with respect to Code Violations? Responding to Mr. Tolbert, Mrs. Melson-Williams stated that
right now, those areas that are in white fall under another jurisdiction and in most cases it is Kent
County. In some areas they may be areas that are located in the Town of Camden or the Town of
Wyoming which have their own Comprehensive Plans to include in regulations that they would
be subject to at the present time. If a land area was contiguous and was annexed into the City, at
that time in would be under our rules and regulations.
Mr. Tolbert stated that with respect to your duties, do those areas constitute a problem at any
time to what your requirements are as Planning Staff. Responding to Mr. Tolbert, Mrs. Melson-
Williams stated that a lot of times there is confusion about whether a property is located within
the City of Dover, especially if they have a mailing address that says Dover. They do at times
have people think that they need to be talking about us and they check to see if their property is
within our Corporate boundaries or not. Certainly the areas that may be most difficult are the
areas that would be called enclaves, meaning that the area is basically surrounded by lands that
are in the City except for a few parcels. Those areas include along Mifflin Road and Acorn Lane.
There are some larger tracts off of McKee Road and there are some along Route 8. There is a
pocket in the north end of Route 13. Those are kind of the next level of potential difficulties with
either service needs questions or they may be getting City services but are not within the City’s
corporate boundaries.
Mr. Tolbert questioned if there were a total number of properties that fall into this category?
Responding to Mr. Tolbert, Mrs. Melson-Williams stated that they don’t know the total number
but there are several 100 properties that are surrounded by the City that aren’t in our jurisdiction.
The bulk of that is probably the area on Route 13 north of the Dover Mall. There are certainly a
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large number of lots and street frontage properties there that are probably the largest intact area
with the highest number of parcels that are not in the City of Dover.
Mr. Hartman stated that he recognizes the tremendous amount of work and thought that the
Planning Office put into this and congratulations on your milestone, it is quite an
accomplishment. He appreciates the invitation to the Open House and to the Presentation. You
know that he has had some difficulty understanding what questions he can ask off the record. If
he attends a meeting at that Open House, can he ask a question to the Planning Office as a
Commissioner? Responding to Mr. Hartman, Mr. Hugg stated that most certainly he can and
they would welcome him to be there as well as any member of the public who also has a
question, concern or simply a comment. He knows that there are a few people that were here
tonight that he anticipates seeing over the next couple of days who may not necessarily agree
with a particular designation of land use on that map that will have a comment. One of the things
that they will do once they get those comments and the State’s comments, they will sit down as
Staff and sort of go through them to figure out how they address them.
Mr. Hartman questioned if it would be appropriate to ask those same types of questions in an
email to the Planning Office as he reviews the document online? Responding to Mr. Hartman,
Mr. Hugg stated yes. The website and email address are on the information that you received this
evening and they would welcome those comments as well.
Mr. Hartman stated that he appreciates the invitation and he is a member of the website Next
Door, it is a neighborhood website in the City and he did send the notice out to 2,000 neighbors.
Responding to Mr. Hartman, Mr. Hugg stated thank you.
Ms. Maucher questioned to meet the February 2020 deadline, when would it come before the
Planning Commission? Responding to Ms. Maucher, Mr. Hugg stated that assuming that they
don’t have major certification issues that they have to deal with; he thinks their plan is to bring a
document for the December meeting or a special meeting in December and then get the January
consideration by City Council so that they can be assured of making their February deadline.
Meeting adjourned at 9:20 PM.
Sincerely,
Kristen Mullaney
Secretary
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MEMORANDUM
Department of Planning & Inspections
P.O. Box 475
Dover, Delaware 19903
Phone: 302.736.7196 Fax: 302.736.4217
DATE: November 8, 2019
TO: Planning Commission
FROM: Planning Office
SUBJECT: November 2019 Review of C-17-04: House of Pride Office at 45 South New
Street
Background
On August 21, 2017, the Planning Commission granted conditional approval to C-17-04, a
Conditional Use Plan for converting an existing an existing one-family dwelling structure at 45
South New Street into a philanthropic use as the administrative offices for the House of Pride.
The property consists of a 9,090 SF parcel and is zoned RG-1 (General Residence Zone).
As part of approval by the Planning Commission, the project was required to return for a One-
Year Review in 2018. This review was held on October 15, 2018. The review renewed the
conditions of approval originally given at the August 2017 meeting, and additionally scheduled a
second review to be held in six months’ time. This review was scheduled for the April 15, 2019
Planning Commission meeting. Following improperly completed public notice for the April 2019
meeting, it was rescheduled for the May 20, 2019 Planning Commission meeting. Having been
satisfied that progress was being made, the Planning Commission requested a six-month review
on the progress of the Conditional Use Plan Review which is why it is included in the November
agenda of the Planning Commission.
There are two purposes to the reviews. The first is to evaluate the project’s compliance with the
conditions of approval imposed by the Planning Commission, as outlined in the Development
Advisory Committee (DAC) Report dated August 9, 2017. The second is to evaluate whether the
project continues to meet the objectives of the Conditional Use process outlined in the Zoning
Ordinance, Article 10 Sections 1.1 to 1.3.
The Planning Commission is also reminded that the application returned to the Planning
Commission with a request for a one-year extension of the Conditional Use Approval granted as
the Conditional Plan Approval was set to expire by August 31, 2019. The Planning Commission
voted to grant the request, and as a result of the extension, the approval for this project will now
expire on August 31, 2020.
The evaluations must be used to determine whether the use shall continue and also contains Staff
Página 29
Memo to the Planning Commission: November 2019 Review of C-17-04: House of Pride Office at 45 South New
Street
Page 2 of 2
Recommendations on actions for the Commission.
Plan Status as of November 8, 2019
The applicant has been working diligently with Planning Staff towards achieving Final Plan
Approval. The Planning Office has issues comments on a Check Print on October 24, 2019 and
received a further Check Print of the Plan by the Applicant on November 6, 2019. The status of
the application with other reviewing agencies is as follows:
a) Department of Planning & Inspections – Comments issued October 24, 2019. The nmost
recent plan submission of 11/6/2019 is currently under review.
b) Department of Public Works – Application still under review.
c) Office of the Fire Marshal – Application still under review.
d) Delaware Department Transportation (DelDOT) letter stating no objection dated August
2, 2017.
The members of the Planning Commission are reminded that copies of the DAC report are
available at the Planning Officed.
Recommendations
Planning Staff is satisfied that enough progress has made to not require any further reviews by
the Planning Commission. As stated, the applicant is actively engaged in the Check Print review
process and has made significant progress. Final Plan Approval is required any Building Permits
to make improvements can be approved and issued.
Página 30
City of Dover
DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF November 6, 2019
PLANNING COMMISSION MEETING OF November 18, 2019
Plan Title: Northgate Center Lot 1, S-19-14 (Revised)
Plan Type: Site Development Plan
Owners of Record: 605 South Bay Road LLC
Location: At the northeast corner of Stover Boulevard and Bay Road
Address: 101 Stover Boulevard
Tax Parcel: ED-05-077.00-03-01.00-000
Site Area: 2.0 acres
Zoning: C-4 (Highway Commercial Zone)
SWPOZ (Source Water Protection Overlay Zone -Tier 3: Excellent Recharge
Area)
Existing Use: Vacant
Proposed Use: Retail and Office Space
Building Area: 27,665 SF (13,832 SF footprint)
Impervious Areas: Existing – 5%
Proposed – 75%
Off Street Parking: Required – 93 parking spaces
Proposed – 94 parking spaces
Sanitary Facilities: City of Dover
Water Supply: City of Dover
Waiver Requested: Reduction of Arterial Street Buffer requirement
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
Página 31
City of
Dover
CITY OF DOVER Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: November 6, 2019
APPLICATION: Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard
FILE #: S-19-14 REVIEWING AGENCY: City of Dover Planning Office
CONTACTS: Julian Swierczek, Planner I PHONE #: (302) 736-7196
I. PLAN SUMMARY
Review of a Revised Site Development Plan Application to construct a two-story 27,665 SF
office and retail building together with associated site improvements. The project is Lot 1 located
in the Northgate Center (previously known as the Stover Professional Campus). The subject
property is 2.0 acres +/- and located at the northeast corner of Stover Boulevard and Bay Road.
The property is zoned C-4 (Highway Commercial Zone) and subject to the SWPOZ (Source
Water Protection Overlay Zone). The owner of record is 605 South Bay Road, LLC. Property
Address:101 Stover Boulevard. Tax Parcel: ED-05-077.00-03-01.00-000. Council District 2.
Waiver Request: Reduction of Arterial Street Buffer. The property was part of the development
of Subdivision Application SB-05-05F Stover Professional Park.
Previous Applications
This application (S-19-14) was originally submitted for review by the Planning Commission at
their July 2019 meeting. The plan was withdrawn by the applicant from that meeting pending
Site Plan revisions per comments made during the initial Development Advisory Committee
review process.
This property was created through Subdivision Application SB-05-05 Stover Professional
Campus. SB-05-05 received Planning Commission approvals in September and November 2005.
It created twelve (12) lots and established Stover Boulevard and Krisko Circle to allow access to
them from Bay Road. The subdivision used the standards for a Planned Industrial Park as
outlined in Zoning Ordinance, Article 3 §20.5. The Record Plan was recorded on April 20, 2007;
and following that, construction of the Industrial Park infrastructure commenced in 2007 with
utilities, the stormwater management facility, and the streets partially constructed. Construction
and dedication of the overall industrial park infrastructure including utility lines, the stormwater
management system, and the streets, has been an ongoing process since 2007. During the
development of the Chesapeake Utilities Dover Campus site, the Stover Professional Campus
was renamed to the Northgate Center.
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Site Development Plan applications to develop the individual lots in the Center included S-06-37
which developed the Mainstay Suites Hotel at 201 Stover Boulevard (Lot 2) and S-05-32 which
proposed an office building on Lot 6 but subsequently expired. The most recent development, the
Chesapeake Utilities Dover Campus, was developed through applications MI-15-07, S-16-11,
and MI-17-07. MI-15-07 was a Parcel Consolidation Plan to consolidate seven (7) of the twelve
(12) previously created lots into one larger lot for the campus and to abandon part of Krisko
Circle. S-16-11 was the Site Development Plan for the project; S-16-11 received Final Plan
Approval on August 26, 2016. MI-17-07 was a Request for Street Name Change to rename the
remaining part of Krisko Circle to Energy Lane. The Chesapeake Utilities Dover Campus at 500
and 600 Energy Lane has since finished construction.
In 2013, the property owners filed a Variance application (V-13-05) specific to Lot 1 and Lot 3
of the Northgate Center, in order to provide relief from the impervious coverage requirements of
the Source Water Protection Overlay Zone (SWPOZ). This Variance application was never heard
by the Board of Adjustment. It appears the application was withdrawn after the Planning Office
determined a variance was not needed; see the discussion on the SWPOZ below in the “Zoning
Review” section.
II. PROJECT DESCRIPTION
The property is the only undeveloped parcel within the Northgate Center with two street
frontages: one on Bay Road and one on Stover Boulevard. The only existing feature on site is a
drive aisle that straddles the property and the Mainstay Suites Hotel property adjacent to the east.
This drive aisle also connects to the Blue Hen Corporate Center adjacent to the north. Other
nearby uses include the Chesapeake Utilities Dover Campus on Energy Lane to the southeast, the
American Legion building across Stover Boulevard to the south, the DelDOT administrative
campus across Bay Road to the west, and the University of Delaware Paradee Center across Bay
Road and Transportation Circle to the southwest.
The 27,665 SF, two-story proposed building is to be built in the center of the 2.0-acre parcel. It is
proposed to be a retail and office building with retail on the first floor and offices on the second
floor. A continuous drive aisle with parking on both sides would run in a ring around the
building. Site access would be the existing drive aisle to the east which connects to Stover
Boulevard. Pedestrian access is proposed from Bay Road and Stover Boulevard. Other proposed
features include two loading spaces on the east side of the building and a dumpster enclosure in
the northeast corner of the property. Landscaping would be located in strips of land between the
property lines and the parking areas as well as between the parking areas and the building.
At present there are no known tenants for the proposed retail and office building.
III. ZONING REVIEW
C-4 Zoning District
The development site is zoned C-4 (Highway Commercial Zone) and is subject to the regulations
of Zoning Ordinance, Article 3 §16 and Article 4 §4.15. According to Article 3 §16, retail stores
as well as business, professional, and government offices are permitted uses in the C-4 Zoning
District. According to Article 4 §4.15, the proposed development meets the impervious lot
coverage, setback, and building height limitations.
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SWPOZ – Source Water Protection Overlay Zone, Tier 3: Excellent Recharge Area
The purpose of the Source Water Protection Overlay Zone (Zoning Ordinance Article 3 §29) is
to provide a safe drinking water supply and to ensure that groundwater is adequately protected
and maintained. This property is wholly within the Tier 3: Excellent Recharge Area of the
SWPOZ.
The following uses are prohibited throughout the SWPOZ, including in the Excellent Recharge
Area:
Zoning Ordinance Article 3 Section 29
29.51 Uses prohibited:
a) Automobile body/repair shop, motor vehicle, boat or farm equipment service;
b) Gas stations and motor vehicle service stations;
c) Fleet/trucking/bus terminal;
d) Dry cleaner;
e) Electrical/electronic manufacturing facility;
f) Machine shop;
g) Metal plating/finishing/fabricating facility;
h) Chemical processing/storage facility;
i) Wood preserving/treating facility;
j) Junk yard/scrap yard/salvage yard;
k) Mines/gravel pit;
l) Land divisions resulting in high density (> one unit/acre) septic systems;
m) Equipment maintenance/fueling areas;
n) Injection wells/dry wells/sumps, except for single-family residences directing
gutter downspouts to a drywell;
o) Underground storage tanks;
p) All uses not permitted in the underlying zone district.
As proposed tenants become known, they will be evaluated to ensure they are not prohibited
under the SWPOZ.
Tier 3 Lands are additionally subject to specific rules regarding impervious coverage. For new
development, the maximum coverage within Tier 3 Lands is typically 30% or up to 60% if
infiltration is used in the development’s stormwater management. The Planning Office has
determined; however, that development on this property is not subject to the Tier 3 rules on
impervious coverage. This is due to a 2007 determination made by the then-Planning Director,
which established that since the Stover Professional Campus was subdivided prior to the 2007
adoption of the SWPOZ into the Zoning Ordinance, development within the campus would not
be subject to the SWPOZ “so long as the development continue[d] to move forward in earnest.”1
Development of the Stover Professional Campus/Northgate Center has continued to move
forward since 2007 with development of the hotel, the Chesapeake Utilities Dover Campus, and
the overall infrastructure (including the stormwater management facilities) for the entire
industrial park. The 2007 determination obviated the need for the Variance application filed in
2013 (V-13-05).
While the determination means the impervious coverage requirements of the site are not set by
the SWPOZ, they are instead set by the C-4 zoning district. Ordinance #2018-06 from 2018
updated the C-4 Zone to have its current lot coverage maximum of 75%. The property must
1
A copy of the former Planning Director’s determination is included with the attachments to this Report.
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comply with the C-4 Zone’s 75% maximum coverage despite its exemptions from the SWPOZ.
IV. BUILDING ARCHITECTURE
The applicant has submitted elevations for the proposed building. The front of the building faces
Bay Road, while the back of the building faces the adjacent hotel property. The front and the
back of the building are each divided into nine bays by using pilasters. On the front, the two bays
at either end of the building each feature a tower with a standing seam metal roof. On both the
front and the back the three center bays feature a raised parapet rising in two levels above the
main level of the roof. The roof is otherwise flat but features a continuous EIFS cornice.
On the front, the three center bays are faced with brick, the two end bays are faced with synthetic
stone veneer, and the remaining bays are faced with EFIS. All the bays feature windows on both
the first and second stories; the taller windows on the second story have spandrel glass for their
upper portion. All the bays except the two end bays feature fabric awnings above the first-floor
glass; the two end bays instead appear to feature a flat canopy element. All the bays feature a
space for tenant signage in between the first and second floors, and all the bays feature a door
integrated into the first-floor glass. There is a second cornice in between the first and second
floors. All the pilasters have a split-face CMU watertable base.
On the back, the first floor of each bay is faced with split-face CMU. Above the CMU is more
space for tenant signage, and above that the center seven bays are faced with EFIS on the second
floor. The two end bays retain the synthetic stone veneer seen on the front, while the three center
bays retain the brick seen on the front on the pilasters only. Windows can be found on every bay
of the second floor, but only on the single center bay of the first floor. The single center bay is
also the only to feature a canopy. Each of the bays feature one or two doors in the CMU. The
cornices and watertable seen on the front continue onto the back.
The north and south (or left and right respectively) elevations are identical in design. The end
bays on both the front and back wrap around the sides of the building, in order to give the left
and right elevations the appearance of being divided into three bays each. The synthetic stone
veneer seen on the front and the back sides is used for all the pilasters seen on the left and right
sides; these elevations are otherwise faced with EFIS. Windows run the length of the second
story, while on the first story glass (together with a canopy) is only used toward the front of the
building. The cornices and watertable seen on the other sides of the building continue onto the
left and right elevations.
V. PARKING SUMMARY
The parking requirement in the C-4 zoning district is one (1) parking space per 300 S.F. of floor
area or one space per employee, whichever is greater. The number of employees to be employed
on site is unknown. Based on a building size of 27,665 S.F, the building must be served by at
least 93 parking spaces. The applicant is proposing 94 parking spaces to serve the building,
meeting the parking requirement.
Loading Spaces
For buildings with retail sales of at least 8,000 SF, one loading berth is required for each 25,000
SF or fraction thereof. For this project with a total building area of 27,665 SF, the requirement is
two (2) loading berths. The applicant proposes to provide two (2) loading berths on the east side
of the building. The southern space meets the required length of 60 feet for the first loading
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berth, and the second loading space is the required minimum of 40 feet. Both spaces meet the
minimum width of 12 feet.
Bicycle Parking
The site is required to provide bicycle parking at a rate of one (1) space for every twenty (20)
regular parking spaces. Based on the proposed 94 regular spaces, five (5) bicycle spaces must be
provided. The plan notes a facility to park five (5) bicycles to the northeast of the building.
VI. SITE CONSIDERATIONS
Entrances and Drive Aisles
The Site Plan shows two (2) entrances to the site. Both entrances are from the shared drive aisle
with the hotel, and these are also full movement entrances. The drive aisle is located to the east
of the property and connects from Stover Boulevard to the south and also through to the Blue
Hen Corporate Center to the north.
Pedestrian and Bicycle Considerations
There is an existing multi-use path segment across the Bay Road frontage of this property;
however, it does not connect to any other segments. Bay Road also has wide shoulders, but these
are not continuous. The site is best accessed by bicycle from the Blue Hen Corporate Center to
the north; that property’s expansive parking lot connects to the network of multi-use paths on the
DelDOT campus, which in turn connect into the City’s wider bicycle network.
The project proposes to lay new sidewalk along the Stover Boulevard frontage. It also proposes a
sidewalk leading into the site from the multi-use path on Bay Road, as well as from the new
sidewalk along Stover Boulevard, and from the shared drive aisle.
Lighting
The applicant has not provided any indication of the lighting strategy for the site. Lighting for
commercial uses is required to be at least 1.5 footcandles at grade, and it must be positioned so it
is not a distraction to passing motorists.
Dumpsters
For office and retail uses less than 50,000 square feet in size, two dumpsters are required for the
first 16,000 SF of building area and one for each additional 16,000 SF of building area or
fraction thereof. For this project with a total building area of 27,665 S.F., the requirement is for
three (3) dumpsters. The applicant is proposing one dumpster enclosure in the northeast corner of
the site and has identified that it is to contain three (3) dumpsters.
Curbing
Six-inch upright curbing appears to be provided around all parking and drive areas; however, this
must be confirmed by the applicant.
VII. TREE PLANTING AND LANDSCAPE PLAN
The Plan submission does not contain a separate Landscape Plan sheet, but a general tree
planting strategy is shown on the plan sheet. The tree planting requirement is based on the
development area with one (1) tree is required for every 3,000 SF. The developing parcel
consists of 2.0 acres (87,120 SF); therefore, a total of twenty-nine (29) trees are required.
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The applicant has proposed a total of 29 trees on the development parcel meeting the
requirement. The species of the trees is not indicated at this time. The trees are located along the
Bay Road frontage, the Stover Boulevard frontage, the shared drive aisle frontage, near the
dumpster enclosure, and between the building and the parking lot. The applicant must specify the
species of the trees before Final Plan Approval, as well as meet the other requirements of a
Landscape Plan as outlined in Zoning Ordinance, Article 5 §16.81.
Arterial Street Buffer
Bay Road is considered a principal arterial street and requires a thirty (30) foot landscape buffer
along the road frontage known as an Arterial Street Buffer. The buffer is measured from the edge of
the right-of-way. This plan provides only a twelve (12) foot width landscape buffer along Bay Road
with some areas achieving the 30-foot width at the property corners. The proposed improvements in
the landscape area involve grass areas, tree plantings, and a connecting sidewalk leading into the
site.
Waiver Request: Reduction of Arterial Street Buffer
In order to reduce the width of the Arterial Street Buffer from the required thirty (30) feet to the
proposed twelve (12) feet, the applicant must receive a waiver from the Planning Commission. In
accordance with Zoning Ordinance Article 5 §7.33, The Planning Commission when deciding
whether to approve a waiver must consider several factors, including whether there are specific
constraints related to existing lot size or configuration, whether a deep or shallow buffer would
cause the property to be out of character with its surroundings, whether there is landscape area
within the adjoining right-of-way, and what landscaping is included within the buffer. The applicant
has submitted a written waiver request.
VIII. CITY AND STATE CODE REQUIREMENTS
The subject proposal has been reviewed for code compliance, plan conformity, and completeness
in accordance with this agency’s authority and area of expertise. The following items have been
identified as elements which need to be addressed by the applicant:
1) The property must be provided with a 30-foot wide Arterial Street Buffer unless a waiver
is granted by the Planning Commission. A Waiver Request has been submitted for
review.
2) Identify width of sidewalks and sidewalk areas adjacent to the building. Per Fire Marshal
requirements, please ensure that there is at least a 15-foot buffer between the front of the
building along Bay Road and the parking in front of the building. This buffer may be
taken up by sidewalk, landscape area, or both.
a. Also show accessible ramps from the handicapped parking spaces at the front of
the building.
3) Please specify the location, direction, power, and time of use for any proposed outdoor
lighting. In addition, please verify that a minimum lighting level of 1.5 footcandles is
achieved throughout the property.
4) Please specify locations for any proposed below-ground or above-ground utilities. Please
also add a note to the plan stating that the developer will bear financial responsibility for
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construction of the new utilities, and that the utilities are not intended to be dedicated to
the City of Dover.
5) Please provide a Details sheet in the plan set to include details on Dumpster enclosures,
sidewalks, curbing, bike racks, light fixtures, sanitary sewer and water systems, and any
other utility details required.
6) Please provide a plan which shows in detail paving striping and markings, signage for
fire lanes and for traffic control measures, etc.
7) Please provide a Landscape Plan which meets the requirements of Zoning Ordinance,
Article 5 §16.81.
8) The Site Plan must be updated with changes required or approvals granted, including any
waivers granted by the Planning Commission, prior to Final Plan Approval.
9) Any Sediment & Stormwater Management Plans granted approval by the Kent
Conservation District must reflect the Site Plan layout and design conditionally approved
by the Planning Commission and be in compliance with the Zoning Ordinance and
technical review requirements of other agencies.
10) Plan sheet corrections:
a. In the C-4 Zone, the required rear-yard setback is 10 feet or equal to the building
height. Please verify the height of the building and adjust the depth of the rear
yard setback if needed.
b. Please note the surface width of all proposed and existing sidewalks.
c. In the parcel data column, please confirm both the building total floor area in feet
and the Floor Area Ratio, and include:
i. building height
ii. impervious lot coverage percentage (limitation and as proposed)
iii. bicycle parking calculation
iv. loading space calculation
11) In the Notes Section, please include details as to the determination of the Planning Office
with regards to the SWPOZ requirements.
12) In the Notes Section, please also note any action taken with regards to waiver requests.
13) Please note that any tenant or use of the proposed office or retail space must comply with
the regulations and restrictions of the SWPOZ as stipulated in the Zoning Ordinance
Article 3 §29.
IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO
MEET CODE OBJECTIVES
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in
considering and acting upon Site Development Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
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public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 2.21 to 2.28.
1) Waiver Request: Reduction of Arterial Street Buffer: In accordance with subsection 2.25
related to landscaping, Staff recommends the Planning Commission approve the waiver
request to reduce the width of the required Arterial Street Buffer from 30 feet to 12 feet.
Staff believes that this lesser buffer would be in character with the immediate area, as it
allows for a transition zone between the narrow buffer of the Blue Hen Corporate Center
to the north and the wide buffer of the American Legion property to the south. Staff also
recognizes the 56 feet of grassed area located in the right-of-way between the edge of
paving of South Bay Road and the front property line. The proposed Buffer Area includes
landscaping consisting of seven (7) trees between the front property line and the edge of
the parking lot. The full width for the Arterial Street Buffer of 30 feet is achieved at the
corners of the property (a total length of approximately 85 feet) which is about 24% of
the frontage length. Finally, Staff recognizes that requiring the full buffer would
eliminate much of the capacity for the site to accommodate the parking requirements
below the minimum required 93 in the create site design. There are limited options for the
relocation of these 28 parking spaces (the row along Bay Road frontage).
X. ADVISORY COMMENTS TO THE APPLICANT
1) Other agencies and departments which participate in the Development Advisory
Committee may provide additional comments related to their areas of expertise and code
requirements.
2) The engineer and landscape architect sealing the plan are required to have a current City
of Dover Business License. For licensing information contact the Permitting & Licensing
Division at (302)736-7010.
3) Following Planning Commission approval of the Site Plan, the Plan must be revised to
meet all conditions of approval from the Development Advisory Committee or as
otherwise noted. A Check Print must be submitted for review by Planning Office Staff
and directly to other agencies. Upon determination that the Plan is complete and all
agency approvals have been received, copies of the Plan may be submitted for final
endorsement.
4) In the event that major changes and revisions to the Site Development Plan occur in the
finalization of the Site Plan, please contact the Planning Office. Examples include
reorientation of the building, relocation of site components or site entrances, and
increases in floor area count. These changes may require resubmittal for review by the
Development Advisory Committee, Planning Commission, or other agencies and
commissions making recommendations regarding the plan.
5) For building construction, the requirements of the building code or fire code must be
complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal
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for these requirements. The resolution of these items may impact the site design including
such items as building dimensions and height, building openings, and fire protection
needs, etc.
6) The applicant/developer shall be aware that prior to any ground disturbing activities on
the site the appropriate site inspections, Pre-Construction meetings (including a City of
Dover Pre-Construction meeting), and permits are required.
7) Construction may affect adjacent property owners and nearby travel lanes. Any work
requiring the closing or rerouting of potential customers or visitors to adjacent properties
should be coordinated as to offer the least amount of inconvenience to the adjacent
property owners.
8) Due to proximity to the Dover Airforce Base, the applicant should be aware that any
potential use of construction cranes must comply with Federal Aviation Agency
guidelines so as to not to interfere with Base operations.
9) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor
does it convey permission to place any sign on the premises. Any proposed site or
building identification sign shall require a Sign Permit from the City of Dover prior to
placement of any such sign.
10) The applicant shall be aware that Site Plan approval does not represent a Building Permit,
Demolition Permit, and associated construction activity permits. A separate application
process is required for issuance of these Permits from the City of Dover.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCT 30, 2019
APPLICATION: Northgate Center Lot 1 Office and Retail Building
at 101 Stover Boulevard
FILE #: S-19-14
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all water, sewer, and storm sewer lines.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer
may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the
owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
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WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the
project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Public Works specifications and requirements.
c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to
the start of construction. A representative from the City of Dover Department of Public Works must observe and
approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed
by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted
in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test
holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be
held responsible for field conditions requiring adjustment of the tapping location or for any work required by the
contractor to make an appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine
the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be
submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be
installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is
required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be
installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically
this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the
domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the
building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap
and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is
recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The
Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind
flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must
be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall
be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor
to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls
and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with
mechanical designer.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date
March 22, 2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the
mains in accordance with the City of Dover Department of Public Works specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall
discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff,
subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any
sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as
“…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes,
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exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no
illegal discharges to the sanitary sewer system are created with the site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines.
Rim and invert elevations must be labeled on all sanitary structures, including cleanouts.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the
right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty
cast iron frame and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings)
showing that velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County
ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the
proposed location, must be provided on the plan.
STORMWATER
1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control
Plan from Kent Conservation District is submitted to our office.
2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim
and invert elevations must be labeled on all stormwater structures.
STREETS
1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted
to our office.
SANITATION
1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide
adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The
City of Dover shall provide institutional customers with a maximum of two (2), 90-gallon trash containers and two (2)
90-gallon recycling containers.
2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services.
3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private
service.
GROUNDS
1. None
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and
practices. This must be included as a note on the plan.
2. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2004 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is
now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/.
Página 43
Northgate Center Lot 1 Office and Retail Building at 101 Stover Boulevard
File #: S-19-14
October 30, 2019
Page 4 of 4
WATER /WASTEWATER / STORMWATER / SANITATION / GROUNDS / GENERAL
1. None
STREETS
1. Provide a striping plan for the eastbound lane of Stover Boulevard, there shall be striping to indicate a left turn into
this property.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. City of Dover will need proposed load sheets to validate current electrical equipment is adequate. Load sheets can be
found on the at the following location: https://evogov.s3.amazonaws.com/media/27/media/13110.pdf
2. Clarify the intent of the 6th Note on Drawing # 2916-S01; “New utilities are not intended to be dedicated to the City of
Dover”.
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with
extending and providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking
Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan
sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the
Office of Drinking Water until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of
Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the
site.
4. Water impact fees will be required for this proposed site plan.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated
with extending and providing service and capacity to the proposed development.
2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of
Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible
for providing all application fees, completed forms and plan sets directly to DNREC.
3. Wastewater impact fees will be required for this proposed site plan.
STORMWATER / GROUNDS / STREETS / SANITATION
1. None.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be
abandoned, flowable fill may be required.
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed
within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial
Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Página 44
C F
S-19-14 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 10/30/19 D S
O H
V A
E L
R
APPLICATION: Northgate Center Lot 1 Office and retail Building at 101 Stover Boulevard
FILE #: S-19-14 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed occupancy classification is mixed use business and mercantile
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times
the width of the door(s) or for 10 feet, whichever is greater.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 50% and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade
with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser
units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere
with emergency services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building
perimeter shall not be included in the calculation of Percent of Perimeter Access.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
5. Fire lanes shall cover 25% of the proposed building.
Fire lanes are required to be 24 feet wide and run along the front of the building as determined by
the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be
served by a fire lane even if this exceeds the percentage as required.
The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and
the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one
Página 45
or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in
height.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5)
6. Where parking is located between the building and the fire lane, parking shall not be located
closer than 15 feet to the exterior wall.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)
7. All Fire Lanes shall be marked as follows:
both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top
and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid
yellow demarcation line shall mark the edge(s) of the fire lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware
Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be
suitable for street surfaces
9. Fire lane signs shall be located as follows:
see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150
foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher
than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and
signs shall face all oncoming traffic.
Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in
lieu of fire lane signs and shall conform to the specifications of 7.6.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
10. Where overhangs, canopies, balconies, or any other building or site features must project over
any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be
provided and the portion of the building perimeter which contains overhangs, canopies,
balconies, or any other building features shall not apply towards the fire lane accessibility
requirements of Section 4.0, Table 5-1 in this chapter.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)
11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is
determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain,
climatic conditions, or other factors that could limit access such as placement of fire hose from
fire equipment.
12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article
VII, Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Página 46
Alley
12 feet wide
Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-
sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
14. Gated Areas: Fire Department access shall be provided to the property through the use of a
system or device approved by the Fire Marshal. The system or device required shall be located in
an area accessible to the fire department and approved by the Fire Marshal. All gates shall be
either automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate.
The owner or their representative shall meet with the Fire Marshal prior to submission to agree
on the system. A letter of agreement shall be created and signed by both parties. The letter shall
include a detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their
representative shall meet with the Fire Marshal prior to submission to agree on the means to
open. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not
less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate
shall be setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
15. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation
and as illustrated by the appropriate figures of this regulation.
All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define
specific areas, where fire hydrants are located along a curb line with permitted parking, the area
between the fire hydrant and the street or fire lane shall be stenciled with four inch (4")
demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the
center line of the fire hydrant and extend for a distance 15 feet on both sides.
Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked
vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a
distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel
bollards filled with concrete and marked yellow shall be installed at the outermost corners of the
fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the
finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be
positioned so as to be facing the edge of the street, or traffic lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)
The owner is responsible if the hydrant is private.
16. Hydrant barrels shall be provided with reflective material, such as paint, durable for
highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel
under the top flange, hydrant bonnets shall be color coded based on the following criteria: class
AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 -
999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM -
painted black.
Página 47
(2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4)
The owner is responsible if the hydrant is private.
17. Fire Alarm System required per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an
occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an
occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with
NFPA codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined
to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50
percent of the assessed value of the building and is capable of receiving an occupant load 75
persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall
be required to install a complete fire alarm system in accordance with NFPA codes governing the
installation of fire alarms and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at
least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area
required to be served by the system using the A-weighted scale dBA. In the event the stated
requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting
the intent of this section of the Code.
(City Code of Ordinances 46-171)
18. Sprinkler system required. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions
which are modified by more than 50% after the effective date of these Regulations. The 50%
figure shall be calculated utilizing the gross square footage of the building, structure, marine
vessel, premises and conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval for
a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square
footage of a non-sprinklered building, may not have another such project for the same building submitted
for review and approval any sooner than three (3) years after the date of the final inspection unless
sprinkler projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
In all buildings in excess of 40 feet in height or more than four (4) stories in height.
In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing,
processing, display or sale of combustible goods, wares, merchandise, products, or materials when more
than two (2) stories or 25 feet in height.
In all basement areas exceeding 2,500 square feet floor area.
In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding
two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or
Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment
buildings storage areas except individual unit closets that are located within individual residential living
units.
In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as
adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under
the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler
Systems, NFPA 13, as adopted and/or modified by these Regulations.
Página 48
All buildings used as dormitories, in whole or in part, to house students at a public or private
school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such
dormitories regardless if new or existing.
(2015 State of Delaware fire Prevention Regulations, 702, Chapter 4)
Places of assembly shall be sprinklered throughout in accordance with the most recently adopted
edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 150 persons or greater.
Any interior renovations of 50 percent or more to an existing place of assembly with an occupant
load greater than 150 persons.
Any additions or increase in interior size to an existing place of assembly that would create an
occupant load of 150 persons or greater.
Places of assembly where alcohol is served for consumption on the premises shall be sprinklered
throughout in accordance with the most recently adopted edition of NFPA 13 when the following
apply:
All new indoor places of assembly with an occupant load of 100 persons or greater and where
alcohol will be served for consumption on the premises.
Any interior renovation of 50 percent or more to an existing place of assembly with an occupant
load greater than 100 persons and where alcohol will be served for consumption on the premises.
Any additions or increase in interior size to an existing place of assembly which would create an
occupant load of 100 persons or greater and where alcohol will be served for consumption on the
premises.
New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in
accordance with the most recently adopted edition of NFPA 13.
(City of Dover Code of Ordinances 46-162)
19. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located
within 50 feet of main entrance. Access to the Fire Department Connection must be clear
unobstructed access as defined by the AHJ.
20. Parking and/or obstructions shall be prohibited in front of fire department connections for a
distance measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
21. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose
would come off the fire equipment.
22. If there is any type of rack storage, the following will be required: 1) a diagram showing the
layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an
authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not
needed. If in rack sprinklers are not needed, a letter may be requested from an
authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate
for the storage presented.
23. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators,
and valves located inside structures shall have impact protection, except when located in
separate protected utility rooms.
Página 49
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in
concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48
inches (four ft.) in height above the finish grade elevation. Any deviation of the stated
requirements must be approved by the fire marshal and/or chief building inspector. The above
dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief
building inspector shall have the authority to require more stringent dimensions to fit the needs
of devices warranting impact protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors
shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must
be approved by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
24. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
Página 50
25. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system
that is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new
or existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard
service shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible.
Should the building design not allow the secured key system to be located by the main
entrance, the fire marshal and fire chief shall come to an agreement as to an alternate
location for the key box. A secured key system, once installed, shall not be obstructed from
view or obstructed by any means that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or
egress, whether on the interior or exterior of the building, and keys to locked mechanical
rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area
protected by automatic fire detection. Keys to individual residential apartment units are not
required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key
box for new buildings. It shall be the responsibility of the owner or tenant to order the key
box for existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted
before the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
26. All required means of egress shall have an exit discharge consisting of a non-slip surface and
leading to and terminating at a public way.
27. All new passenger elevators in a building shall be provided with a car sized to accommodate an
ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position.
Where two or more new passenger elevators are located in a single hoist way and serve all or the
same portion of the building, only one elevator car that provides a car sized to accommodate an
ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be
required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international
symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches
(76 mm) in height and shall be placed inside on both sides of the hoist way door frame.
Firefighter recall keys shall be provided in a manner acceptable to the local fire department.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 1, 15)
28. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State
Communications prior to Final CO. This must be scheduled in advance with Delaware State
Communications.
29. Project to be completed per approved Site Plan.
Página 51
30. Full building and fire plan review is required.
31. Separate building permits/plans submission will be required for each building and/or tenant fit
out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued.
Separate plans and permits submissions will be required for each “tenant fit out” at which time a
Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for
the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
32. Construction or renovations cannot be started until building plans are approved.
33. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression
systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until
the permit is approved.
34. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Please confirm that there is 15’ perimeter access on 50% of the building. It appears that only
25% (the front) of the building has the 15’.
2. No fire hydrants are shown. A hydrant must be provided and be in compliance with #’s 15,
16, and 21 listed above
3. FDC location is not provided. This must be shown and be in compliance with #’s 19, 20, and
21 listed above
4. The dumpster appears to interfere with the drive aisle
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Página 52
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: October 30, 2019 T
===============================================================
APPLICATION: Northgate Center Lot 1(101 Stover Boulevard)
FILE#: S-19-14 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The parcel will be required to obtain a minimum of a Letter of No Objection for the Site/Record
Plan from DelDOT for the proposed development.
2. The access to the proposed development is from a privately maintained road. No direct access to
KCR 007 Bay Road will be permitted.
3. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to
begin the plan review process.
Página 53
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
July 2019
APPLICATION: Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard
FILE #: S-19-14
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan
must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling,
grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan
submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance
inspection fees based on the number of stormwater facilities are due prior to the start of construction.
2. The following notes must appear on the record plan:
• The Kent Conservation District reserves the right to enter private property for purposes of periodic site
inspection.
• The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control
measure, as it deems necessary.
• A clear statement of defined maintenance responsibility for stormwater management facilities must be provided
on the Record Plan.
3. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high
groundwater level and soils for any Best Management Practice (BMP) design.
4. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived.
ADVISORY COMMENTS TO THE APPLICANT:
1. Current regional pond for Stover Professional Campus is designed for 90% impervious in this drainage
area. Any additional impervious will need to be managed on-site.
2. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply
with the Delaware Sediment and Stormwater Regulations.
3. The preferred methods of Stormwater management are those practices that maximize the use of the natural
features of a site, promote recharge and minimize the reliance on structural components.
4. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to
enhance water quality and to make the stormwater facility an attractive community amenity.
5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater
Management plan has been approved.
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Project for Dover’s 2019 Comprehensive Plan
Update for November 18, 2019 Planning Commission Meeting
• Release DRAFT Plan (dated 10/1/2019)
o The Release DRAFT Plan was submitted to PLUS
(Preliminary Land Use Services) Review process on October
1, 2019. Planning Staff participated in the PLUS Review
Meeting on October 23rd.
o The Release DRAFT Plan is posted on the City’s Website on
the 2019 Comprehensive Plan Webpage.
o See the 2019 Comprehensive Plan Webpage for project
information and the links for documents and maps issued.
▪ https://www.cityofdover.com/2019-comprehensive-plan
• Update on Public Outreach Events for 2019 Comprehensive Plan:
▪ Open House Event – October 23, 2019
▪ Visitation Event – October 24, 2019
• Update on Next Steps
o The PLUS Review Comments were received on November 8,
2019. Planning Staff is reviewing these comments for action.
o Formal Review Process and Public Hearings:
▪ A Final DRAFT Plan (document and maps) will be
prepared and issued.
▪ A summary of any specific Requests/Comments to the
DRAFT Plan will be compiled for review.
▪ Formal Review and Public Hearings to be scheduled:
• Planning Commission – December 16, 2019
• City Council – in January 2020