Este texto se extrajo de el PDF de forma automática y puede contener errores. El PDF es el registro oficial, así que consúltelo antes de confiar en esto.
Página 1
CITY OF DOVER PLANNING COMMISSION
JULY 20, 2020
The Meeting of the City of Dover Planning Commission was held on Monday, July 20, 2020 at
7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to
Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was
conducted with Acting Chair (Vice Chair) Mrs. Maucher presiding. Members present were Mr.
Roach, Ms. Malone, Mr. Hartman, Mr. Baldwin, Mrs. Welsh, Dr. Jones (joined at 7:10 PM) and
Mrs. Maucher. Mr. Adams was absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present
were Mr. Gregg Moore, Mr. Jonathan Street and Mr. Bill Krapf. Speaking from the public were
Mr. Scott Rathfon, Mr. Thomas Brooks and Ms. Karen Vicks.
APPROVAL OF AGENDA
Mr. Hartman moved to approve the agenda as submitted, seconded by Mr. Roach and the motion
was unanimously carried 6-0 with Mr. Adams and Dr. Jones absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF MAY 18,
2020 SESSION 1
Mr. Hartman moved to approve the Planning Commission Meeting Minutes of May 18, 2020
Session 1, second by Mrs. Welsh and the motion was unanimously carried 6-0 with Dr. Jones
and Mr. Adams absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF MAY 18,
2020 SESSION 2
Mr. Hartman moved to approve the Planning Commission Meeting Minutes of May 18, 2020
Session 2, second by Mr. Baldwin and the motion was unanimously carried 6-0 with Dr. Jones
and Mr. Adams absent.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
August 17, 2020.
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on June 8 and 9, 2020, June 22 and 23, 2020 and July 13 and 14, 2020.
Mr. Hugg stated that Ms. Edwards’ term expired and she decided not to seek re-appointment.
Mrs. Holly Malone agreed to serve as a member of the Planning Commission and her
appointment is effective immediately and she will be starting her term tonight.
Mr. Hugg stated that the Planning and Inspections Department is severely understaffed as a
result of illnesses, surgeries and people transferring to other positions. Our priority right now is
on tall grass and weeds and trash. As we build the staff back, we will begin to take on some of
the other responsibilities including vacant and deteriorating buildings.
1
Página 2
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
Dr. Jones joined the meeting.
SPECIAL RECOGNITION
1) Resolution honoring Frederick Tolbert for his service on the Planning Commission.
Resolution
Whereas, Frederick Tolbert Sr. became a member of the City of Dover, Delaware Planning
Commission in May 2004 and served until his passing on June 11, 2020 with diligence and
distinction in this capacity as an advocate for sound land use planning in the public interest;
and,
Whereas, Frederick Tolbert Sr. has played a key role in ensuring fundamental fairness and
careful forethought in the planning and development of the Capital City through his service on
the Planning Commission and also on the Board of Adjustment; and,
Whereas, Frederick Tolbert Sr. has provided leadership on the Planning Commission through
his role as Vice Chairman of the Commission from April 2012 to July 2015 and then as
Chairman of the Commission from July 2015 to August 2019; and was known for his advocacy
for cooperation between applicants and Planning Staff; and,
Whereas, Frederick Tolbert Sr. has influenced the pattern and appearance of development in
Dover through his contributions to the City’s 2019 Comprehensive Plan; his efforts to ensure
compliance with the 2008 Comprehensive Plan (as amended); his participation in the
development of amendments to the City of Dover Zoning Ordinance regarding various zoning
districts, development design requirements, and manufactured home communities; and,
Whereas, Frederick Tolbert Sr. was an active Commission member expanding his knowledge by
attending local planning and land use training activities including preparations for the
Commission’s first Virtual Meeting in May 2020; and
Now Therefore Be It Resolved That, the City of Dover Planning Commission extends their
deepest sympathy and condolences to his family and friends as Frederick Tolbert Sr. will be
greatly missed for his faithful and exemplary service to the Citizens of the City of Dover as an
active member of the City of Dover Planning Commission.
Dr. Jones moved to approve the Resolution honoring Frederick Tolbert, seconded by Mr.
Baldwin and the motion was carried 7-0 by a roll call vote with Mr. Adams absent. Mr. Roach
voting yes; that we add his advocacy to make sure that any new buildings coming into the City
do not have flat roofs. Mrs. Malone voting yes; she knew Mr. Tolbert really well and this is a
great loss for the City of Dover. Mr. Hartman voting yes; he does remember him as a very
helpful and thoughtful man and just watching him over the years has taught him a lot. Mr.
Baldwin voting yes; he admired him for his meticulous efforts to make sure that everything was
going right. Even to the point where he wanted to change our dress code so that we would look
more dignified in the meetings. Mrs. Welsh voting yes. Dr. Jones voting yes; he was not only a
2
Página 3
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
colleague but a friend and she admired him for his many years of service and interest in the
growth of the City of Dover. Mrs. Maucher voting yes; he dedicated a lot of time and effort to the
City of Dover to help make it the city that it is and he will be missed.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
virtual meeting using the WebEx system.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
2) Development Applications: Submission of Requested Information
a. S-20-02 New Dover Middle Schools at 1 Pat Lynn Drive: Master Plan – Receipt of
Submission of Maintenance Plan for Wetland Mitigation Area associated with the Site
Development Master Plan Application conditionally approved by the Planning
Commission on May 18, 2020 to permit redevelopment of the school property in a series
of Phases. Phase 1: construction of a new 238,500 SF middle schools building, parking,
and other site improvements; Phase 2: Sports Fields and two associated 2,300 SF
buildings; Phase 3: 19,500 SF future building addition; and Phase 4: two 33,800 SF
future building additions. The proposal involves a series of land tracts totaling 44.71
acres +/- and are zoned IO (Institutional and Office Zone). The land tracts are located on
the north side of Walker Road and east of Schoolhouse Lane. The property is adjacent to
Silver Lake. The owner of record is Dover Special School District. Property Address (all
parcels): 1 Pat Lynn Drive. Tax Parcel ID (all parcels): ED-05-067.11-01-68.00-000.
Council District 4.
Representatives: Mr. Gregg Moore, Becker Morgan Group
Mr. Roach recused himself from this application because his job takes him into the Capital
School District on a regular basis.
Mrs. Melson-Williams stated that the application for the new Dover Middle Schools at 1 Pat
Lynn Drive was reviewed by the Planning Commission at the Session 2 Meeting held on May
18, 2020 and it received conditional approval at that point. The Planning Commission required
submission of a Wetland Area Maintenance Plan within thirty days to outline the maintenance of
the wetland area and for erosion control along its boundary with the adjacent neighborhood. In
the packet for the Commission members, they included the Site Master Plan Cover Sheet for
reference. There is a copy of the Notice of Decision Letter that was issued by Staff on behalf of
the Planning Commission that outlines basically the Dover Middle Schools project. It is a site
with several phases of construction anticipated and then as noted in the Notice of Decision
Letter, there was the requirement for the applicant to submit a plan to the Planning Commission
regarding the wetland area. The wetland area that was of concern is at the intersection of Pat
Lynn Drive and the road that goes into the neighborhood of Woodcrest. It’s in the southern
portion of the site near Walker Road but not immediately adjacent to Walker Road. Included in
the packet was the Wetland Area Maintenance Plan that was submitted by the Capital School
3
Página 4
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
District. Initially, it was received via email on June 5, 2020 from Mr. Elliot Harding who is the
Building and Grounds Supervisor and then it was subsequently revised on June 9, 2020 and then
an update to it occurred on July 6, 2020 when additional funding was allotted to help with
maintaining the area which will allow for a more regular grass cutting and also for enhanced
mosquito control activities. This information is detailed in the memo entitled “Comprehensive
Environmental Service and Scope of Service for the Stormwater Conveyance System”, that
meaning the wetland area since it is part of a stormwater system. Also noted by Staff is that the
Fence Permit application was received in early June 2020 which consists of the removal of the
existing chain link fences along segments of the east and west property lines and that that fencing
is to be replaced by a six-foot tan vinyl privacy fence which is actually required anyway for the
opaque barrier with this application. That Permit was approved and was at the time, ready to be
issued for construction. It was her understanding that construction activity of the fence is going
to begin shortly to comply with requirements of site development but also to provide opaque
screenings for once construction activity would commence on the site when Final Plan
Approvals are in place.
Mr. Moore stated that the Capital School District has hired an outside company, Envirotech, to
do the maintenance on the stormwater area as well as do weekly grass cuttings in that area so that
the neighbors do get the grass cutting that they were complaining about at the last Planning
Commission meeting. They thought that it was best that the same company be responsible for
both that way they have full authority over the way that pond looks. Mrs. Melson-Williams also
commented that the Fence Permit had been issued. The fence construction has actually started
and cutting of the area has begun and the fence that was there for forty years or more is now
starting to come down and the new PVC vinyl fence will start going up next week. That will
screen not only the wetland area from the neighbors but it will screen the entire construction
project from the neighborhood. It will provide the opaque barrier so he does think that it will
offer a great separation from the construction. He doesn’t know if there is any questions about
the maintenance. They met with City Council and Mrs. Melson-Williams and Mr. Hugg were a
part of that. The new Superintendent, Ms. Sylvia Henderson was there and she has agreed to go
in and join the City of Dover as well as some of our Legislators to write a letter to the Federal
delegation in hopes that they can intervene and push the Corps of Engineers to allow this pond to
be filled. So the Capital School District is working with the City on that behalf. They hope that it
can bring an approval to allow that to be filled but they do have to wait and see if it works.
Mr. Hartman questioned if there was a timeline for contacting the Federal delegation for
requesting to fill in that wetland? Responding to Mr. Hartman, Mr. Moore stated that the purpose
of last week’s Council Committee meeting was to agree on a letter. There was a letter authored
by the City and it will be co-signed by the Capital School District. He thinks that it is in the
process of getting final signatures as we speak; so, it will go out eminently.
Mr. Moore stated that it is their understanding that by submitting the report and if there is no
questions on the maintenance report, he is not sure if there is a vote tonight. But he can tell them
that from the Capital School District, they are excited to proceed with the project. They are going
to begin construction in the Fall. They told their neighbors that they would put the fence up well
in advance so that they would not have to see that construction. They are on schedule to begin
4
Página 5
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
the construction in the Fall and they look forward to the Planning Commission blessing this
Maintenance Plan so that they can proceed to do that.
Mrs. Melson-Williams stated that she does think that it would be appropriate for the Planning
Commission to take some action even it is just to accept to submission of report since it was an
item that the Commission had requested that come forward from their action on the formal
application.
Dr. Jones moved to approve the submission of the Maintenance Plan for Wetland Mitigation
Area for S-20-02 New Dover Middle Schools at 1 Pat Lynn Drive: Master Plan, seconded by Mr.
Hartman and the motion was carried 6-0 by roll call vote with Mr. Roach recused and Mr.
Adams absent. Dr. Jones voting yes; she thinks that the concerns of the neighbors have been
addressed and it sounds like we are working towards a happy medium to get the project going.
Mrs. Malone voting yes; with the same comments from previous Commissioners. Mr. Hartman
voting yes; he would like to encourage the Capital School District to continue to work with the
neighbors to try to be good neighbors in this area and hopefully they can remove that pond all
together. Mr. Baldwin voting yes. Mrs. Welsh voting yes. Mrs. Maucher voting yes; she echoes
Mr. Hartman’s comments about the school continuing to work with the neighborhood and
addressing their concerns.
NEW APPLICATIONS
1) C-20-02 Landing Square (Previously Bay Road Commercial) at 600 Bay Road: Public
Hearing and Review of a Conditional Use Site Plan Application to revise the Phase 2 area of
the site by replacing the multi-tenant retail building on the north with a 20,000 SF office
building, by adding an 80-unit apartment building, and retaining the two restaurant sites. The
proposed office building is a permitted use in the zoning district; however, the apartments
require a Conditional Use. The area for Phase 1: Office Building of 62,900 SF is already
under construction. The total site area is 12.9366 acres +/- and is zoned C-4 (Highway
Commercial Zone). The property is located on the southwest side of Bay Road and across
from the intersection with Blue Hen Boulevard. The owner of record is Bayroadcap, LLC.
Property Address: 600 Bay Road. Tax Parcel ID: ED-05-077.00-01-09.00-000. Council
District 2. Waiver Request to Reconfirm: Reduction of Arterial Street Buffer. For
Reconfirmation: Tree Mitigation Plan. For Consideration: Active Recreation Plan and
Request for Cash-in-Lieu of Recreation Area Construction. Application S-19-20 Delaware
State Police Building – Update to Bay Road Commercial (Phase 1) was previously approved
by the Planning Commission in September 2019 and received Final Plan Approval on March
6, 2020.
Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Bill Krapf, Owner’s
representative
Mrs. Bulkilvish stated that the property in question tonight is located at 600 Bay Road and is
zoned C-4 (Highway Commercial Zone). The proposal is to revise Phase II of S-17-20 Bay Road
Commercial. Phase I of this project for the Delaware State Police Administrative Building which
is located on the west side of the property, has been approved as part of S-19-20 and is currently
5
Página 6
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
under construction. The revisions included on C-20-02 Landing Square, previously known as
Bay Road Commercial, are the replacement of a multi-tenant retail building located along the
north portion of the property with a 20,000 SF office building and the addition of an eighty-unit
four story apartment building with a footprint of approximately 31,000 SF. There are no
revisions proposed to the two restaurant pad site. The one to the north being 6,400 SF and the
one to the south being 4,200 SF. An apartment building in the C-4 (Highway Commercial Zone)
is not permitted without an approved Conditional Use by the Planning Commission. As part of
this residential portion of this development, the applicant is required to provide 275 SF of Active
Recreation Area per dwelling unit. The proposed recreation area for the apartment building is to
include a 3,336 SF Clubhouse area with a coffee bar, activity space, computers and game like
pool and shuffle board as well as a 2,610 SF sun deck with seating areas on the fourth floor
facing west. The total Active Recreation Area proposed is 5,946 SF which is a deficit of 16,054
SF of the required Active Recreation Area. The applicant has selected to pay a Cash-in-Lieu
donation for the Active Recreation Area construction for the deficit which was calculated using
the appraised value of the entire parcel. The suggested donation amount of the 16,054 SF came
out to be $98,387.52. Staff made several suggestions the applicant about how the Active
Recreation Area could be improved including bike parking adjacent to the apartment building as
well as additional pedestrian connectivity throughout the site. The Parks and Recreation
Community Enhancement Committee met on July 14, 2020 and made a motion to approve the
Staff recommendations presented to them for the Active Recreation Area as well as the cash-in-
lieu of active recreation area construction donation amount. In addition to the Conditional Use
Application, Active Recreation Plan and Cash-in-Lieu of Active Recreation Area construction
amount, the Planning Commission is tasked with taking action on the waiver request to
reconfirm the reduction of the Arterial Street Buffer and the reconfirmation of the Tree
Mitigation Plan; both previously approved with the Site Plan approval S-17-20/S-19-20.
Mrs. Melson-Williams stated that as Mrs. Bulkilvish noted, this has partially been seen before.
For the Planning Commissioners, there is the full DAC Report and then the comments from the
different regulatory agencies that are also entered into the record. This evening, there are two
waiver requests to basically reconfirm for the Arterial Street Buffer and the Tree Mitigation Plan.
With this project, there are no changes those requests and then the consideration this evening in
addition to the Conditional Use for apartments, is related to the Active Recreation Area Plan and
the Cash-in-Lieu.
Mr. Street stated that it is exactly three years to the month that this project started. They
submitted three years ago for the original go around at this and he likes to consider this as take
three. This project has morphed from a retail and grocer with some pad sites for restaurants into
was is now a true mixed use site development. They have office space; one is currently under
construction as a 60,000 SF office for the Delaware State Police Administrative Offices. Another
approximately 20,000 SF building that they are proposing to build in lieu of the retail that was
there and they are adding another eighty units of apartments to kind of complete the mixed use
for the site. The two retail (restaurant) sites are virtually untouched; they have done some
shifting and adjusting but nothing of any significance. The mixed use type of development lends
itself well to the area. If you know the area, across the street you have the Kent County
Administrative Offices. Just to the south is DelDOT’s entire complex. Of course they have the
State Police and a new long time user on our complex itself so we have some definite
6
Página 7
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
opportunities to live and work in the same vicinity. In addition, they understand that they are not
meeting the current code for the Active Recreation Area but if you know the area, you know that
they will be completing with construction, the shared use path on Route 13 (Bay Road) in
addition to the right turn lane improvements with the DelDOT project that will take place with
the project. There is roughly 5.5 to 6 miles worth of pathways and trails anywhere from across
the street with the Kent County building in addition to everything south that runs all the way
down through Route 10. There is an extensive trail system that’s right south of us and they are
connecting to that with their construction. They have read the Staff Report and he doesn’t have
many comments on it. The one about Conditional Use apartments and the pedestrian connectivity
which is for the recommendations on the approval, they have actually provided the plan in front
of you with some blue highlighted areas which kind of speak to some of Staff’s comments about
additional connectivity to the shared path out in the front. They have also had additional
conversations with DelDOT on that. There aren’t any real changes that we are doing to the
approved construction plans for the DelDOT suff out on Route 13 (Bay Road) but they still
wanted to reach out to DelDOT and have the conversation about the additional connection. A
submission to them will be forthcoming depending on what they decide or what they work out as
far as any changes.
The open green space, while it does look like a lot of parking, it should be a little slightly less
pavement than we had before. The addition of the apartments in the middle of what used to be a
large expansive parking area actually break that up quite a bit as we’ve got some green open
space around the Apartment Building itself. He knows that Staff and possibly others might want
a little bit more but we are trying to not only meet the demands of the residents that will be in the
apartments but we are also trying to meet the demands of the two long term leasees that are in
the 63,000 SF State Police Building and the new 19,000 SF new office building. In regards to
the comments on parking, he thinks that with the first two renditions as we spoke about it the last
few times, there is an absorbent amount of parking proposed for the plan. He knows that Staff
notes an extra 100 plus parking spaces and he knows that both Staff and the Commission
understand that they are not providing the parking just because they want to pave the area. Every
additional parking space is not only a cost in materials but it’s a cost for the client to have them
because they have to manage it. With every parking spot that’s paved, it’s a challenge to do so,
especially in the more regulatory environment that we are faced with in the last couple of years.
With regards to the opportunities, he knows that they have talked about it previously and it’s
been described as they will work with Staff on any reduction that they need to do by Code and/or
to keep them within 77.9% impervious surface. They may have some spaces to give and take
there but they are not going to have any large swath of spaces. They have two end-users or long
term leasees that have also signed on the dotted line and have their own requirements on top of
the City’s Code requirements which pushes them over that parking limit. One thing that he
believes was mentioned was that the forty-three parking spaces which will be at the back of the
Apartment Building and kind of sandwiched in between what is now an attorney’s office (and is
the only little parcel that cuts into the big thirteen acres of this development), would be removing
those. While he sees where Staff is going with trying to make that a throughway, those spots
would be prime spots to the residents. In discussion with the owner, it’s one of those things
where we can give and take on some spots and kind of rearrange a few things. But those in
particular are prime parking spaces right up next to the building where the residents are going to
want to park. He knows in the comments, they are noted as suggestions but they would like to
7
Página 8
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
keep them as suggestions. They pride themselves in trying to work with Staff as much as they
can and they always look to continue that relationship.
The Plan that you have in front of you, obviously makes some notes on additional connectivity
that they are going to be looking at doing regarding the crosswalks and that main aisle sidewalk
connection to Route 13 (Bay Road). In addition, he knows that they have talked about bike
parking around the building which is required by Code and the distribution of bike parking
throughout the site can definitely be talked about. Of course, they would be providing bike
parking up against the building. They have also looked at covered bike parking spaces to add to
the amenities.
They have a Revised Elevation that was discussed at the DAC meeting. The front elevation on
the top actually faces inward towards the State Police Building and one of the comments was that
they can’t tell where the rooftop or fourth floor deck area is. You can see that it kind of blends in
with the face of that building but you can definitely see that distinction of where that rooftop area
is. He believes that they have elevations of the office itself as well.
Mr. Hartman stated that this appears to be vastly out of harmony from what’s around it. He
knows that Mr. Street is describing it as a mixed use but it appears that it is just an apartment
building that has been plopped down in a parking lot. It doesn’t appear to be livable to him and
he is asking Planning Staff how it got this far? Don’t you consider this out of character with
where it is proposed to be? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the
zoning of the property allows for apartments to be considered through a Conditional Use process.
So, when the applicant brought this concept to us that they were looking to make revisions to, at
that point an approved Final Plan, to now introduce the apartment complex, they advised them as
to the Conditional Use process and the types of things that they needed to accommodate for a
residential component and that is the Recreation Area. Apartments have their own parking
calculation. They had conversations with them about the key aspects of the project but the design
is theirs. They have expressed and continued to express concerns about certain aspects of the
project and those are what you see on Page 11, the recommendations suggested as conditions of
approval. They think that there is still pedestrian connectivity issues. The green space open
spaces is extremely limited. There was some concern by the Parks and Recreation Committee
about that. Even with this Revised Plan that they received this afternoon, the green space really
isn’t abundant on this property. For parking, Staff still thinks that there are better options for
design and they can’t speak to what the applicant has agreed to on long term leases, they can just
look at what the Code’s minimum requirements are. Our Code does not have a maximum
parking limitation anymore. There is only so much that Staff can do. A Conditional Use is
something that the Planning Commission has the ability to decide yes or no on or maybe yes
with a little work. It is an opportunity for a mixed use development. We have not truly seen that
on the same parcel. They have seen things next to each other; an office with commercial and
commercial next to residential but we have not seen it all on one parcel of land so this is new to
all of us. She thinks that Staff’s general comments are that they like the idea of mixed use
development; they just think that there are a lot more opportunities to make it more livable,
especially given the pathway network and amenities that are within this vicinity and what the
abilities for pedestrian or multi-modal transportation could be to those who live in the
apartments.
8
Página 9
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
Mr. Hugg stated that he thinks that Mrs. Melson-Williams covered them quite well. This is an
unusual application and the closest thing that we have that immediately comes to mind are the
Blue Hen Apartments behind the old Blue Hen (Corporate Center) Office Complex and they are
actually on an adjacent site although they do back up to the commercial. They do have concerns
and he thinks that they have been expressed in the Report about the absence of green space and
how this whole thing lays out, including the layout of the parking areas for both portions of the
site. To reiterate, it is the applicant’s option to request a Conditional Use to build apartments in
this zoning district. They have the opportunity if they wish to come forth and make a proposal
and have that proposal considered by the Planning Commission in terms of a Conditional Use
Site Plan.
Mr. Hartman stated that he understands that the application meets some of the technical
requirements of the Code but it doesn’t speak to the livability of this supposedly residential area
proposed for this project. There is no place for children to play and there is no place to walk your
dog. There is not even a safe place for children or dogs to walk. This is an apartment in the
middle of a parking lot. The applicant is willing to pay almost $100,000 for Parks and Recreation
to provide green space somewhere else but this is not going to help the eighty residences in this
particular place. He thinks that we are really asking for trouble to allow construction like this in
this area not to mention the adjacent businesses and the professional offices that have concerns
with this project. These are places that have spent millions of dollars to locate here based on the
current zoning and now they are faced with a change in zoning. He just doesn’t understand how
the Planning Office could forward this to the Commission and he plans on voting no for this
application.
Mrs. Malone stated that she is happy that something is going in here because it has been dormant
for many years and has been overgrown and everything. She is very happy that maybe two
restaurants and some retail stores will be here because she works right across the street and that
would be great to walk there to have lunch. When she was first given the information and plans
for this project, it reminded her a little bit of the Blue Hen Apartments that are behind the Kent
County Building except it doesn’t have retail. She has a concern because the retail strip that is
next door where Buffalo Wild Wings is has so many vacancies. It is finally being fixed up but
the vacancies concern her a lot. Another thing that concerns her is that back in the 1980’s the
City got into a real issue with this Cash-in-Lieu of land. They kept taking money from the
developers and then what happened is that everyone started screaming that there was no green
open space in the City. When she saw the Cash-in-Lieu, a red flag really went up because she is
a real advocate for parks and recreation and green space. She is concerned about that although
she does know that Parks and Recreation is probably one of the last areas that ever gets funding
because they are really at the bottom of the totem pole. Those are just her concerns. She does see
some benefit to it because hopefully it will look nice and draw the right type of people but she
really has mixed emotions about the Cash-in-Lieu of land.
Mrs. Maucher questioned what the plan was for maintenance of the common areas inside the
apartment building? You mentioned planned activities; will there be someone on-site at all times
to ensure that the areas are clean and taken care of? Responding to Mrs. Maucher, Mr. Krapf
stated that there will be someone on staff, not 24 hours a day, but there will be a manager and a
9
Página 10
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
leasing assistant.
Mrs. Maucher further questioned if they would keep the common areas clean? Responding to
Mrs. Maucher, Mr. Krapf stated yes. It will be a four story product with interior halls. He
believes that those halls get shampooed or deep cleaned once every two weeks. They are
constantly vacuumed and the common areas are maintained on a daily basis.
Mrs. Maucher opened a public hearing.
Mrs. Melson-Williams read in letters that were received regarding this application. They were
forwarded to the Planning Commissioner by email today. The first one is dated July 20, 2020. It
comes from Mr. Scott Rathfon who is the Executive Vice President of Century Engineering.
They happen to be the neighboring office building to the north and Mr. Rathfon is also on the
line with us tonight.
Mr. Scott Rathfon – Century Engineering at 550 Bay Road Dover, DE 19901
Mr. Rathfon stated that their office is located at 550 Bay Road, just to the north of the proposed
apartment complex. They are in opposition of the Conditional Use Site Plan of a proposed eighty
unit apartment complex. They do not believe that the proposed use will be in harmony with the
development of the zoning that is proposed and they believe that it will be detrimental to the
development of the adjacent properties in accordance with the zoning classifications. As you are
aware, Century Engineering in an upscale new office building at 550 Bay Road and they are also
in the process of developing two additional parcels in front of our current building that will be
located on Bay Road. It is anticipated that these parcels will be developed into professional
offices in keeping with the existing zoning and the theme for this surrounding area. In addition to
that, they have several additional bullets that he can read through them if you would like.
Responding to Mr. Rathfon, Mrs. Melson-Williams asked him to summarize the key points.
Mr. Rathfon stated that the apartments are out of character for the area. They are surrounding
corporate government campuses with high class buildings and the area is turning toward high
end corporate development. The interests that they had received in their other parcels in front of
their property are also corporate professional services. There does not seem to be any slacking in
demand for commercial space in this area. None of the corporate campuses encourage or provide
services that are geared toward public use. Locating residences within this corporate area only
means the residents need to walk outside of the corporate area to get to any of the services that
they need. The aesthetics of the apartment that was provided does not match the high-quality
character of the area. The City should encourage development to a minimum standard if they
want to attract high-end businesses and corporations. Apartments are not the highest or best use
to this area. The zoning in which the apartments are provided, allows for many higher and better
uses. The apartments are not well integrated into the site. The design does not provide any green
space or recreational area around the apartments for residents to use. The apartments are simply
placed in the middle of a parking lot and will be surrounded by office buildings on two sides and
restaurants on the other side. Any design with residents should be required to provide green
space or recreational area onsite. The location does not provide connectivity to the larger
pedestrian network or to transportation facilities. Again, if permitted, the apartments would be
better suited on the south side of the site where they could be directly served by a bus stop. If
10
Página 11
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
permitted, the apartments should be required to meet some of the requirements in residential
zones such as landscaping and opaque barriers between the residents and commercial zones.
There are inherent issues and concerns with the apartments as proposed. There is a concern of
increased cut-through vehicle traffic onto the Century site compared to the original plan that was
approved. There is concern with after-hours safety and security. For the residents with small
children, there is concern with the safety around the existing stormwater management facilities.
The proposed fire lane from the Century site to the apartment complex site has a 90 degree bend.
Does this have adequate turning radiuses? Also, the fire lane is immediately adjacent to the retail
building with no separation between a building and a fire lane. The proposed materials for the
apartments do not fit the surrounding area and appear to be high maintenance. The concern with
items hanging from the balconies and the visual appearance that creates when usage starts. This
summarizes their concern and opposition to the Conditional Use Site Plan for the eighty unit
apartment complex.
The only other comment that they have is for the retail space that is running parallel to their
property line that backs right up to their property. Just what the back of that property is going to
look like? They have not seen any renderings for that property but if it’s like the side wall of the
State Police Facility that is facing us, it is just a painted block wall which is kind of out of
character for what they are building on their high-end complex that they have.
Mrs. Melson-Williams stated that they have another letter from Bay Road One, LLC. Mr.
Thomas Brooks is on the line on behalf of that ownership group. They also submitted a multi-
page letter dated July 20, 2020 regarding this application. Bay Road One, LLC is also in
opposition to the Conditional Use Site Plan. They are noting that the proposed development is
not in harmony with the first class office development already committed on the neighboring
properties. He makes the statement that the resulting effect of blending residential in an already
uplifted business neighborhood would be detrimental to the development of adjacent properties.
He makes note of Century Office Building because Bay Road One, LLC is the owner of that
property and there is also additional sites that they are working to fill. He makes note of the
extensive search that they did to relocate the Century Office Building there and make that real
estate investment.
Mr. Thomas Brooks – Bay Road One, LLC
Mr. Brooks stated that they developed the site next door and the Century Engineering building.
Century Engineering is their tenant and also their engineer. They have the same concerns and
they are what were outlined in the letter. They looked very hard and for a long time to find a
suitable site in the City of Dover and ended up on the City of Dover site that was a trailer home
park site before they bought it. They have made a significant investment, not only in the Century
Building, but in also the remaining pad sites. While they appreciate the owner’s right to develop
this site under a Conditional Use approval of some sort, they do have major concerns about the
fact that this is hit them kind of all at one time. It’s a residential project has Mr. Hartman said
and it appears to be just an eighty unit apartment building plopped down in the middle of a
parking lot between a bunch of office and retail buildings. As an owner and developer, they are
trying to protect their asset. They have built a pretty nice project next door and they would like to
see the development around it mirror what they have done and would just like more information
about what it is really going to look like and what it’s really going to be at the end of the day
11
Página 12
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
when it gets developed and is in the leasing process. He thinks that Mr. Rathfon did a pretty good
job outlining his concerns and they outlined their concerns in the letter. He would also have to
agree with Mr. Hartman as it just doesn’t appear to be the right place for a residential unit.
Ms. Karen Vicks – 580 Bay Road Dover, DE 19901
Ms. Vicks stated that she pretty much has the same concerns as Century Engineering. She
opposes the development of an apartment complex right in the back of her law office. She
located her law office here with the same concerns like Century Engineering had. She was
located in an area where there was going to be commercial development; not thinking that there
was going to be an apartment building right behind her law office. She is concerned for the value
of her property and concerned about the proximity of an apartment complex to her law office.
She is definitely in opposition to the change in use.
Mrs. Maucher closed the public hearing.
Mr. Hartman moved to deny C-20-02 Landing Square (Previously Bay Road Commercial) at 600
Bay Road based on Article 10, Section 1 of the Dover Code in due consideration of the public
health, safety and welfare and comfort and convenience of the public in general and the
residents of the immediate neighborhood in particular in that the proposed apartments are not in
harmony with the zoning in which they are proposed, seconded by Mrs. Malone and the motion
was carried 7-0 by roll call vote with Mr. Adams absent. Mr. Hartman voting yes; based on
reasons stated. Mr. Baldwin voting yes; he thinks that an apartment building is out of place in
this current location. Mrs. Welsh voting yes; based on the fact that the DAC Report made
reference to providing green space for the area under the Conditional Use request and she
would have expected to see something along those lines tonight for what the applicant was
proposing for that if they were planning to do something to increase the green space. Dr. Jones
voting yes; for the reasons previously stated. Mr. Roach voting yes; he is usually a very big
advocate for housing but in a situation where you have so many other entities within that area
and he does feel as though it seems a little out of place in regards to where they put it. He does
hope that with some planning and working with the Planning Staff, they can try to come to some
type of resolution because he loves the renderings and everything like that. Mrs. Malone voting
yes; because of the issue regarding the Cash-in-Lieu of land and what she mentioned earlier.
Mrs. Maucher voting yes; for reasons previously stated. She does like the mixed use concept but
right between a commercial building and all of the restaurants seems ill placed and there were
some suggestions to perhaps make it work in that area.
Mrs. Melson-Williams stated that there is no prohibition in the Code for the applicant to return to
the Planning Commission. They could rework their application and come back to seek and
alternative plan.
Mr. Street questioned if this denied the approval of the office building as well? Responding to
Mr. Street, Mrs. Melson-Williams stated it was a Conditional Use Site Plan. It is not clear on that
aspect. Certainly, the use as apartments has been dispensed in the motion to deny.
Mr. Hartman stated that it was his understanding that the Conditional Use was specifically
because of the apartments and the office space was not a conditional use. Responding to Mr.
12
Página 13
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
Hartman, Mrs. Melson-Williams stated that the office was not a Conditional Use but because of
the revision to the plan, the current (and Final) plan that was approved for this site does not
include an office building in that shape. There is a multi-tenant building there but it’s in a
slightly different configuration.
Mr. Hartman stated that the motion that was approved specifically addressed the apartment
building and nothing else.
Mrs. Melson-Williams stated that they could entertain a motion in regards to other aspects of the
plan not related to the apartments.
Mr. Hugg stated that Mr. Hartman’s (motion) was clearly related to the apartments. He would
take the position that only the apartment project portion of the request was denied and frankly the
rest of it is still open for discussion.
Mrs. Maucher stated that it would obviously change the parking configuration and all of that.
Would you then ask for a motion of approval for the office building and the two proposed
restaurant pads? She believes that the reduction to the Arterial Street Buffer and the Tree
Mitigation plans were already approved and they would not need the Active Recreation Area
Cash-in-Lieu. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that is correct. There
are some changes to the north restaurant site. The two restaurant sites do exist on Site Plan that
has Final Plan approval. The real difference is the sizing change for what is the North Office
Building which was previously the North Retail Building.
Mr. Hugg stated that he supposes that the Commission could simply defer action on the rest of
the elements of this plan pending some response back from the applicant in terms of how they
might like to proceed. That would put the matter technically on hold but wouldn’t deny it.
Mrs. Melson-Williams stated that that seems to be a reasonable option if they wanted to pursue
that office building to kind of bring back a plan that focuses on that and removes the apartment
complex.
Mr. Krapf stated that he is not sure that he exactly understood what Mr. Hugg said. He thinks
that he likes that idea. He thinks that it is basically deferring approval of the Plan until they come
back and rework it. Is that what was said? Responding to Mr. Krapf, Mr. Hugg stated that is the
essence of his suggestion, that since obviously tonight the Commission took a negative view of
the apartment portion of this project. It would seem to him, to be fair, to give you the opportunity
to relook at what you’re proposing and not take action by the Commission. To give you some
time to figure out where you want to go forward.
Mr. Krapf stated that is what he would like from the Commission. Obviously, this comes as a
little bit of a surprise since there was support by Staff and approval by Parks and Recreation
(Parks, Recreation and Community Enhancement Committee). Let us “talk amongst ourselves”
as they say and figure out how they would like to address the concerns heard this evening.
Mrs. Melson-Williams stated that they should procedurally have a motion to defer action on the
13
Página 14
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
remaining aspects of the Site Plan.
Mr. Hartman moved to defer action on C-20-02 Landing Square (Previously Bay Road
Commercial) at 600 Bay Road for the approval of all aspects of the plan dealing with the
parking lot, the restaurant and the office space, seconded by Mrs. Malone and the motion was
carried 7-0 by roll call vote. Mr. Hartman voting yes. Mr. Baldwin voting yes. Mrs. Welsh voting
yes. Dr. Jones voting yes. Mr. Roach voting yes; he hopes that the applicant is able to speak with
the other surrounding entities in regards to that area to be able to have this project come to
fruition. He thinks that it would satisfy both parties. Mrs. Malone voting yes. Mrs. Maucher
voting yes.
NEW BUSINESS
1) Nomination and Election of Officers (Chairman and Vice-Chairman) due to Vacancy and
Annual Meeting of Planning Commission
Mrs. Melson-Williams stated that included in the packet were the By-Laws of the Planning
Commission. July is typically the Annual Meeting of the Planning Commission, as it’s the first
meeting after appointments have been completed for the Planning Commission. At this point,
they do have Mrs. Holly Malone who is the new appointment instead of Ms. Edwards and there
was the reappointment of Dr. Jones. We still have one vacancy and that is Mr. Tolbert’s seat as it
was up for re-appointment at the time of his passing. At the Annual Meeting, the election of the
Chairman and the Vice-Chairman is to occur. Just a reminder that the Chairman presides at the
meetings and the Vice-Chairman is then the presiding officer in the absence of a Planning
Commission Chairman. Typically for the election, they loosely follow nominations and the per
your By-Laws, if we are in person, balloting is by a secret ballot that was put in place a number
of years ago. We can certainly proceed this evening with elections or if you wish to defer that
matter until you have a full complement of membership, you can do that as well. She does not
know a timeframe for filling the last vacancy that you do have at the present time.
Mrs. Maucher questioned if Mr. Tolbert’s seat was a Council District seat or an At-Large seat?
Responding to Mrs. Maucher, Mrs. Melson-Williams stated that it was a Council District seat so
they will be looking for a member from the 3rd District which is kind of north of the Division
Street area and then it extends to the northeast area of Dover crossing over Route 1.
Mr. Roach questioned who the Acting Vice Chairman is at this time? Responding to Mr. Roach,
Mrs. Maucher stated that it was her.
Mr. Roach asked if they really wanted to defer it because what if Mrs. Maucher misses a
meeting. How would that work? Responding to Mr. Roach, Mrs. Melson-Williams stated that it
has happened before, believe it or not. They would go to the senior most ranking member that is
present at the meeting.
Mr. Roach moved to defer the election of Officers until at least the August meeting to see if the
vacancy has been filled, seconded by Mrs. Malone and the motion was carried 7-0 by voice vote.
14
Página 15
CITY OF DOVER PLANNING COMMISSION JULY 20, 2020
2) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission
(in accordance with Zoning Ordinance, Article 10 §2.28)
Mrs. Melson-Williams stated that this is again, one of those Annual Meeting tasks. The
Architectural Review Oversight Subcommittee is actually described in the Code and they have
actually included that in the packet. It consists of the Mayor or the Mayor’s Designee; two
members of the Planning Commission (and those that are currently seated are Mrs. Welsh and
Mrs. Maucher); and then two members of local design professionals. Currently, we have Ms.
Sarah Keiffer and Dr. Chandler who are serving in that capacity. If you are deferring action on
your leadership, you may wish to also defer this because that may make a difference as to who is
potentially serving on this Subcommittee. In the meantime, Staff could reach out to the two
design professional members to see if they wish to continue to serve. This Committee only meets
when something is deferred to it, which has happened only a couple times in the last eighteen
years.
Mr. Roach moved to ask Staff to reach out to the design professional members of the
Architectural Review Oversight Subcommittee and would defer this until the August meeting to
allow the Commission to make a full decision on its Committee members, seconded by Mrs.
Malone and the motion was carried 7-0 by voice vote.
Meeting adjourned at 8:58 PM.
Sincerely,
Kristen Mullaney
Secretary
15