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CITY OF DOVER PLANNING COMMISSION
AGENDA
Tuesday, January 19, 2016 – 7:00 P.M.
City Hall Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
ADOPTION OF MINUTES OF REGULAR MEETING of December 16, 2015
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for TUESDAY,
February 16, 2016 at 7:00pm in the City Council Chambers.
2) Reminder: The next Planning Commission Quarterly Workshop is scheduled for
WEDNESDAY, February 17, 2016 at 12:00 noon in the City Hall Conference Room.
3) Update on City Council Actions
a. MI-15-04 Text Amendment: RC Zone and Temporary Outdoor Activities &
Temporary Camping Areas as Ordinance #2015-17 adopted on December 14, 2015.
4) Update on Planning activities
5) Education & Training Opportunities
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
2) Re-evaluation of Conditional Use:
A. C-15-01 Professional Office at 15 Kings Highway NE – Re-evaluation Annual Review
including a Public Hearing for a Conditional Use Permit to allow professional offices at an
existing 3250 S.F. +/- structure on a 25,920 S.F. +/- parcel. The application was reviewed by
the Planning Commission on January 20, 2015 with approval of the professional office use
conditioned upon a one-year review among other conditions. The property is zoned RG-1
(General Residence Zone) and subject to the H (Historic District Zone). Planned interior
renovations will convert the use from residential to office. The property is located at the
north side of Kings Highway on the segment designated S.R. 8 at the corner of Kent
Avenue. The owner of record was Philip W. Coombe and equitable owner Marengo
Ventures, LLC c/o Scott and Rebecca Kidner. Property Address: 15 Kings Highway NE.
Tax Parcel: ED-05-077.05-02-50.00-000. Council District 3.
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City of Dover Planning Commission Agenda
Public Hearing: January 19, 2016
Page 2 of 2
NEW DEVELOPMENT APPLICATIONS
1) Z-16-01 Lands of Halpern Family Property Investment LP at 1042 South Bradford Street:
Rezoning from R-8 to C-1A and R-8 – Public Hearing and Review for Recommendation to
City Council on a rezoning application for the 2,373 S.F. portion of the 10,373 S.F. +/- parcel
located adjacent to the west property line. The property is zoned R-8 (One Family Residence
Zone). The proposed zoning is C-1A (Limited Commercial Zone) for a 2,373 S.F. portion of
the parcel with the remainder of the property as R-8 (One Family Residence Zone). The
property is located on the west side of South Bradford Street and south of Waples Avenue.
The owner of record is Halpern Family Property Investment LP. Address: 1042 South
Bradford Street. Tax Parcel: ED-05-077.17-03-14.00-000. Council District 2. Ordinance
#2015-24. A Public Hearing and Final Reading are scheduled for action before the City
Council on February 8, 2016.
NEW BUSINESS
ADJOURN
THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO
CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE
SESSIONS.
Posted Agenda: posted January 8, 2016
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CITY OF DOVER PLANNING COMMISSION
December 16, 2015
The Regular Meeting of the City of Dover Planning Commission was held on Wednesday,
December 16, 2015 at 7:00 PM with Chairman Mr. Tolbert presiding. Members present were Mr.
Cregar, Colonel Welsh, Mr. Holt, Mr. Baldwin, Ms. Still and Mr. Tolbert. Mr. Holden, Dr. Jones
and Mr. Ambruso were absent.
Staff members present were Mrs. Townshend, Mr. Jason Lyon, Mrs. Dawn Melson-Williams, Mr.
Bill Cook and Mrs. Mullaney. Also present were Ms. Monika Sloan, Mr. Mark Prata, Mrs. Kathleen
McDaniel, Mr. Mike Cotten, Mr. Jim Lutz and Mr. Stephen Rosenfeld. Speaking from the public
was Ms. Carolyn Fredrick.
APPROVAL OF AGENDA
Colonel Welsh moved to approve the agenda as submitted, seconded by Ms. Cregar and the motion
was unanimously carried 6-0 with Mr. Holden, Dr. Jones and Mr. Ambruso absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF NOVEMBER
16, 2015
Colonel Welsh moved to approve the Planning Commission Meeting minutes of November 16, 2015,
seconded by Ms. Still and the motion was unanimously carried 6-0 with Mr. Holden, Dr. Jones and
Mr. Ambruso absent.
COMMUNICATIONS & REPORTS
Mrs. Townshend stated that the next Planning Commission meeting is scheduled for Tuesday,
January 19, 2016 at 7:00pm in the City Council Chambers.
Mrs. Townshend introduced Mr. Eddie Diaz to the Planning Commission. He just graduated with
his Master’s Degree in Urban Planning from the University of Pennsylvania. His undergraduate
degree is from UVA. He has already hit the ground running and is helping with a number of
research projects that they are trying to get underway to get some Code updates going.
Mrs. Townshend provided an update on the regular City Council and Utility Committee meetings
held on November 23, 2015 and December 14, 2015.
Mrs. Townshend stated that the schedule of meeting dates and deadlines for 2016.
Mrs. Townshend stated that starting in January 2016 there will be the Institute for Public
Administration Planning Classes. The Planning Staff will make sure they get the information out
about the classes; if the Commissioners are interested in attending they can let Staff know. A lot of
the Commissioners have been to the classes and she doesn’t believe that there are any major
changes coming for this spring.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Townshend presented the audience information on policies and procedures for the meeting.
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CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
NEW DEVELOPMENT APPLICATIONS
1) C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing
Option – Public hearing and Review of a Conditional Use Site Plan to establish a Planned
Neighborhood Design development of Senior Citizen Housing. The plan proposes construction of a
four story 62,240 SF apartment building of 48 units (Building 4) and other associated site
improvements at the existing apartment complex which consists of three apartment buildings known
as The Grande. With this project, the complex will consist of a total of 192 apartment units of
Senior Housing. The property is 6.7326 acres ± and is zoned RG-5 (General Residence Zone for
Mid-Rise Apartments) and subject to COZ-1 (Corridor Overlay Zone). The property is located on
the north side of Forrest Avenue (Route 8) just west of the Saulsbury Road intersection. The owner
of record is Doveview Investors, LLC. Property Addresses: 101-405 Doveview Drive. Tax Parcel
ED-05-076.07-01-30.00-000. Council District 1. Waiver Requests: Alternative Design Standards for
Alternative Design Standards for Average and Minimum Lot Area, Building Spacing, Building
Height & Number of Stories, Lot Coverage, Number Dwelling Units Per Building and Off-Street
Parking; and the Elimination of Rear Emergency Access Requirements. Project includes review of
an Active Recreation Plan.
Representatives: Ms. Monika Sloan, Northpoint Engineering; Mr. Mark Prata, Doveview Investors
Mrs. Melson-Williams stated that this is a Conditional Use Site Plan application that is for the
project known as The Grande, Building 4. It’s seeking approval under the Planned Neighborhood
Design Senior Citizen Housing option. The location map places this property on the north side of
Route 8 just west of the intersection with Saulsbury Road. The property is currently zoned RG-5
(General Residence Zone for Mid-Rise Apartments) and is also subject to the COZ-1 (Corridor
Overlay Zone). The project tonight proposes what is a fourth building. Currently, there are three (3)
apartment buildings on the property. These were constructed with previous applications; most
specifically and recently a Site Plan in 2011 for the construction of these three (3) buildings as
apartments under the RG-5 (General Residence Zone for Mid-Rise Apartments) provisions.
Looking at the site, this would be the building that is closest to the Route 8 Corridor. Currently, the
area is a parking lot at the site as it stands today.
The review process for a Planned Neighborhood Design is somewhat special. This is the
presentation of the Conditional Use to the Planning Commission. With a Senior PND, there’s an
opportunity for a variety of different housing types. They are choosing the apartment style of
construction. What makes it a Senior Citizen Housing project is that the City’s Code requires that
the head of household for each housing unit be at least 55 (fifty-five) years of age. That has to be
proven to the City. The plan itself is a quad of buildings. Central to the project is the existing
stormwater management pond; it’s ringed by the four apartment buildings all of which are four
story. This is the submission for the fourth building which consists of forty-eight (48) units. The
total number of units on the site would be one hundred ninety-two (192) apartment units which
gives the project a density of 28.5 dwelling units per acre. That is something that the Planning
Commission needs to determine that it is compatible with the development pattern in the
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CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015
surrounding area. It’s one of the provisions to be met with the use of the Planned Neighborhood
Design option. With the Planned Neighborhood Design, there is the opportunity to consider
Alternative Design Standards and this project is making that request in a number of areas. The
report on page 4 provides a chart that actually outlines all of those requests. They are specifically
asking for alternative standards in the following areas: the average lot area, the minimum lot area
(those are calculations of lot area per dwelling unit), the off-street parking provisions, the building
spacing (spacing between buildings), building height and the number of stories, overall lot coverage
and then the average number of dwelling units per building. Those are detailed in the chart.
This project as mentioned also falls within the Corridor Overlay Zone. There are a number of
provisions related to design of the site and the building that are required in the Corridor Overlay
Zone.
The applicant is proposing to replicate the same architecture that exists on the property today which
has kind of a detailed watertable that is done in a stone veneer and that stone veneer is carried
vertically in several locations to mark main entrances to the building. The remaining wall surfaces
are vinyl siding and it does have a pitched roof and other details are brought forth with the balconies
and the other trim-work on this property.
Some considerations related to the site to be aware of are the Delaware Route 8 Concept and
Operation Study that they reference for any projects within this corridor. That was a study that
identified circulation improvements along the Route 8 Corridor and presented a variety of
alternatives to address traffic conditions in that corridor. The Study identifies a potential
improvement related to this property specifically in the form of an interconnection between this
property and the adjacent Modern Maturity Center to the west.
With the parking, she wants to highlight that specifically as one of the design standards that they are
considering an alternative for this evening. Based on the regular parking requirement for apartment
units, this project with a total of one hundred ninety-two (192) dwelling units would be required to
have four hundred thirty-two (432) parking spaces. The applicant is seeking a reduction to that and
would like to utilize a parking rate of 1.25 parking spaces per dwelling unit and that brings down
their proposed requirement to two hundred fifty (250) parking spaces to serve the facility. There are
handicap spaces that are identified on the site as well as bicycle parking spaces that would serve
each of the buildings. The plan also provides information on sidewalk networks, dumpsters and
lighting. The other specific waiver request for this project is related to elimination of the rear
emergency access requirement for apartment buildings. In this case, the Planning Commission will
make a recommendation that then has to be forwarded on to a City Council Committee and
ultimately to City Council for final action. The emergency rear access requirement for a four story
apartment building is that the rear fire lane be provided that is twenty-four (24) feet in width across
the rear of the building. As you can see, the plan design does not account for that. The applicant is
seeking the relief noting that the building does have fire protection requirements in the form of that
it’s sprinklered. There are fire alarms in the building and there is fire lane coverage on the front and
the side of the buildings. As mentioned before, this project also has an Active Recreation Plan. That
plan was reviewed by the Parks Recreation and Community Enhancement Committee earlier this
week. There was a specific report on the Active Recreation Plan that was provided to the
Commissioners and that Committee. The Committee actually considered the project and then
recommended that the Active Recreation Area Plan be approved subject to the Staff
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recommendations as provided in that report. With the Active Recreation Area Plan, they are looking
to utilize three areas that currently exist on the property. One is a shuffleboard area that’s in the
northeast corner, the horseshoe area in the southwest corner and then the walking path network that
exists around the stormwater management pond. With all of this, they are still actually deficit in the
amount of active recreation area that is to be provided due to the increase in number of residential
units; the area is based on the number of units that you have. They have identified that in order to
solve that deficient that they would be looking to consider utilization of the cash in lieu payment
process to satisfy that.
The plan does identify the series of tree plantings that would be required and there are also some
other landscape plantings related to compliance with the Corridor Overlay Zone provisions. Their
recommendation report does include the plan item elements that need to be clarified. There are a
number of Staff recommendations beginning on page 10 of the DAC Report. Staff has provided
recommendations in regard to the waiver requests in regards to the alternative design standards that
they are requesting and the reduction in parking. While they find that those requests fit the character
and the conditions for parking that appear to be occurring at the project site, they also are
recommending approval of the elimination of the rear emergency access requirement.
Recommendation 3 outlines the notes regarding the Route 8 Study that deals with interconnections
and actually the provisions with the Zoning Ordinance that recommend for cross access provisions
as well. They do note that there is an existing pedestrian and a golf cart pathway at this linkage
between this Doveview property and the Modern Maturity Center property. It is actually located
within an existing cross access easement that has been recorded but they do have to note that the
Study recommended a design of something much greater than that to accommodate vehicular access
as well to address traffic circulation in the whole Route 8 Corridor. They do note in the Report that
both the applicants and the Modern Maturity Center do oppose the provisions to upgrade that
interconnection to vehicular access. There’s actually some letters that have been received in that
regard. Of note on previous action that the Planning Commission has taken in regards to this matter,
in 2011 as part of the consideration of the rezoning of this property when it was being rezoned to
RG-5 (General Residence Zone for Mid-Rise Apartments) the Planning Commission voted to
remove the requirement for vehicular access but retain the requirement that there should be
pedestrian and golf cart access between these two properties. Staff’s fourth recommendation deals
with the placement of mechanical equipment. The balance of the DAC Report includes comments
that are provided by the City’s Public Works Office, the Electric Department, the Fire Marshal’s
Office, DelDOT regarding to road access, the Kent Conservation District and the Dover Kent
County MPO.
Mr. Tolbert questioned if the applicant agreed with the overview and if they had any comments or
statements to make at this time regarding the application? Responding to Mr. Tolbert, Ms. Monika
Sloan stated that they were pretty much in agreement with everything. They did send a letter earlier
this week to the Parks Recreation and Community Enhancement Committee requesting for the fee
in lieu of (Active Recreation Area) because as you can see on the colored plans, there is a little bit
of green area left that they might be able to squeeze in some active space but it’s always nice to
have open grass areas on the site. The other thing she wants to address is traffic; she is in the
process of setting up a meeting with DelDOT. When this plan came in originally there were four (4)
buildings and the site was designed for four (4) buildings. Two (2) of the buildings were
constructed, the economy tanked and the bank ended up buying the site. It was then purchased by
Doveview Investors and when they went to go finish construction on the site, the bank said that they
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did not think it was feasible to have an over fifty-five (55) community. The site was redesigned at
that time to just do three (3) buildings and that’s why that extra parking lot is there; that was to
provide all of the parking spaces required for three (3) buildings. Now they are coming back with
the fourth building because it is an over fifty-five (55) community, the site is fully leased and there
is a waiting list on the apartments. The reason they have requested the waivers to reduce the parking
and things like that are to add that fourth building. They have done parking counts on the site. There
are one hundred thirty-one (131) cars registered to the apartments. There are one hundred forty-four
(144) apartments and at the busiest time, the most cars in the parking lot at one time were one
hundred thirty-three (133) cars. They are proposing to provide two hundred fifty (250) parking
spaces. The only other thing that has come up and continues to come up is the cross-over. What she
has heard from what Mrs. Melson-Williams just said that has been addressed; everybody does not
want vehicular traffic going through there. There are people here from the Modern Maturity Center;
there are petitions that were signed by the residents and they are all in opposition to that because of
the safety. They are afraid that it will become a cut through.
Mrs. Townshend stated that they would want the Planning Commission to specifically address that
issue in the motion just to make that clear because we have the Corridor Overlay Zone and the
Route 8 Study that specifically recommend it but you also have obviously both property owners
with serious concerns about it and the pedestrian safety that would be associated with that. They
have been doing site visits and parking counts and people are walking all over the place. Not
everybody walks on the sidewalk. A lot of people have dogs and you will find them walking down
the street through the parking areas or on the sidewalks crossing the lot. They are just really afraid
that if that vehicular access was constructed that it would be a safety hazard to everyone. Density
was brought up; Mrs. Melson-Williams gave her some information on a couple other developments
in the area. They are proposing 28.5; Luther Towers has 32.5 and Luther Village has 15.6 so they
are right in that ball park.
Mr. Holt questioned the customer owned secondary conductors and transformers; some kind of
house mirror socket that would be lever-operated by pass?
Mrs. Townshend questioned which page this comment was on? Responding to Mrs. Townshend,
Mr. Holt stated that it was in the Electric Department comments, page 4 of 5.
Mrs. Townshend stated that it’s a technical comment related to the construction. Responding to
Mrs. Townshend, Mr. Holt stated that it’s some kind of all house meter sockets that would be
operated by by-pass. He didn’t know if the residents would do that.
Mrs. Townshend stated that Mr. Mark Prata could address that on behalf of the applicant.
Mr. Prata stated that related to the three (3) buildings that were already built, the City of Dover sets
a transformer. It is the contractor’s responsibility to pick the electric up at the transformer and run it
to where the electric meters are located on the building. Each electric meter has to have its own
disconnect switch that can be locked out for whatever reason.
Mr. Cregar stated regarding the vehicular cross access, what Staff is really asking for the
Commission to do if they are in agreement with no cross access to re-affirm the Planning
Commission’s actions from 2011? Responding to Mr. Cregar, Mrs. Townshend stated yes.
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Mr. Tolbert opened a public hearing.
Ms. Carolyn Fredericks – Modern Maturity Center 1121 Forrest Avenue Dover, DE 19901
Ms. Fredericks stated that she is the Executive Director for the Modern Maturity Center. She did
receive notice of this meeting tonight. She is here to speak on behalf of The Grande apartments. She
favors the additional construction because it is the fastest growing segment of our population and
they have a waiting list and they are all waiting to come over to the Modern Maturity Center.
However, she is here to speak against a vehicular access. Have you have been in the Modern
Maturity Center’s parking lot? Can you imagine people driving through our parking lot now? If they
connected the access there and the people would come right across, they would be going the wrong
way, and they would be meeting on-coming traffic because the traffic behind the building goes the
opposite direction. If they diverted to the left and went in front of the building that is where the
buses drop off all of their clients and it is also the bus route for DART so there is a lot of heavy
traffic already there. It is a major safety concern; people do walk their dogs from next door in their
parking lot but there is a lot of pedestrian traffic and it would be unsafe. She is asking that the
Commission re-affirm their previous decision to not connect for any vehicle traffic. They have a
walking path there which is wide enough for a golf cart to get through to bring people back and
forth.
Mrs. Melson-Williams stated that they did receive a letter dated December 10, 2015 from the
Modern Maturity Center signed by Ms. Fredericks and it reflects what she just shared with the
Commission and it was provided to the Commission members on their desks this evening. Also on
their desks is a copy of a petition that was received titled The Grande Apartments Pedestrian
Walkway to Modern Maturity Center and it states: “We the below listed residents of The Grande
Apartments in Dover do hear by register our opposition to the proposed conversion of the existing
pedestrian walkway between The Grande and the Modern Maturity Center to a roadway for
vehicles. We strongly believe that the vehicle traffic created by this roadway will be a tremendous
threat to our safety.” There are four pages of signatures. Staff did not do any kind of double
checking for proof of residency but the listing includes a printed name, a signature and then an
apartment number. There are a total of one hundred twenty-seven (127) signatures on that
document.
Mr. Tolbert closed the public hearing.
Mr. Cregar moved to approve C-15-04 The Grande, Building 4: Planned Neighborhood Design –
Senior Citizen Housing Option and to include the waivers for the minimum lot area, building
spacing, building height and stories count and lot coverage; these Alternative Design Standards as
the Planning Staff has already indicated in their report allows for the expansion of an existing
apartment complex in this urban setting and also a needed housing type within this area. Also, to
include a waiver for parking to allow a minimum of 1.25 parking spaces (per dwelling unit); they
did a parking study which supports this reduction. Also, recommending to City Council for the
elimination of the emergency rear access because the building will be sprinklered and will meet the
Fire Protection Code. Also, supporting the Recreation Plan and fee in lieu of Active Recreation
Area. And to re-affirm that the Planning Commission does not want vehicular access between the
Modern Maturity Center and The Grande, that they will leave it pedestrian and gold cart access,
seconded by Colonel Welsh and the motion was unanimously carried 6-0 by roll call vote with Mr.
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Holden, Dr. Jones and Mr. Ambruso absent. Mr. Cregar voting yes, for all the reasons stated.
Colonel Welsh voting yes, for all of the reasons previously stated and the fact that it’s a common
sense continuation of the project. It’s been a godsend, he appreciates all of the hard work put into it
and it’s a great addition to the community. Mr. Holt voting yes, for all of the reasons stated by Mr.
Cregar and it’s definitely needed in the area. Mr. Baldwin voting yes, based on the comments stated
in the motion. Ms. Still voting yes, in concurrence with all of the reasons stated in the motion. Mr.
Tolbert voting yes, for all of the reasons stated in the motion and during the public hearing. We
certainly have a need for senior citizen housing.
2) S-15-15 Fordham & Dominion Brewery Addition (Phase 2) at 1285 McD Drive – Public Hearing
and Review of a Site Plan application to permit the construction of a 13,370 S.F. addition to the
existing Fordham & Dominion Brewery and the associated site improvements. The property is
zoned IPM (Industrial Park Manufacturing Zone) and is subject to the AEOZ (Airport Environs
Overlay Zone): Noise Zones A and B and Accident Potential Zone II. The subject area is located on
the south side of McD Drive near the intersection with Horsepond Road. The owner of record is
William H. McDaniel, Inc. Property Address: 1284 McD Drive. Tax Parcel: ED-05-077.12-01-
13.00-000 (portion). Council District 2. Waiver Requests: Elimination of Curbing, Reduction in
Parking Requirement, and Partial Elimination of Sidewalk. Application V-09-02 Fordham Brewery
approved a variance to construct the building additions in the floodplain.
Representatives: Mrs. Kathy McDaniel, William H McDaniel, Inc; Mr. Mike Cotten, Cotten
Engineering; Mr. Jim Lutz, Fordham & Dominion Brewery
Mr. Cook stated the project that was for a building addition, Phase 2 at 1284 McD Drive. This is a
Site Plan application to promote construction of a 13,370 S.F. addition to the existing Fordham &
Dominion Brewery and associated site improvements. The property is zoned IPM (Industrial Park
Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): Noise Zones A
and B and Accident Potential Zone II. The site is located on the south side of McD Drive which is a
private drive near the intersection with Horsepond Road. Owner of record is William H. McDaniel,
Inc. Tax Parcel: ED-05-077.12-01-13.00-000.
This is a 13,370 S.F. building addition to the existing structure which will bring the total building
area to 32,456 S.F. The project area is a portion of the total site. The total site is an industrial park
zoned area and we are dealing with just a 5.61 acre lease area within that parcel. Site Development
Plan S-09-10 was approved back in June 2009 to permit an addition to the building that existed at
the time in two phases. There were various extensions applied for which subsequently expired; this
plan is back to the Commission for approval of one of the phases of the addition which was
proposed in the original application. Also of note, there is a Variance associated with the property in
regards to the ability to build in the Flood Plain. That Variance was V-09-02 which was granted in
March 2009. The building in the Flood Plain issue really comes into play in the Building Permit
process; it’s not so much a matter for this body at this point. The operation is considers a
manufacturing operation which is permitted in the IPM (Industrial Park Manufacturing Zone). It is
additionally a permitted operation within the Accident Potential Zone II sub-area of the AEOZ
(Airport Environs Overlay Zone).
The building is an industrial structure, it does have some brickwork on the front, yellow awnings
near the entrance and you can see their tanks on the side of the building. In terms of what the
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addition will look like, it’s just an addition on the back of the structure that’s going to extend it.
The parking requirements are for one space per 800 S.F. of floor area for manufacturing uses in the
IPM (Industrial Park Manufacturing Zone). Based on that, there is an adjusted square footage and
they continued that adjustment from the previous application. In the previous application, there was
a portion of the building which housed mechanical equipment and that was taken out of the floor
area for purposes of calculating the parking. A table was provided in the Staff Report. The parking
requirement would be for thirty-six (36) spaces total; at present there are twenty-four (24) spaces on
the site and there is a waiver request with regards to parking that will be referenced later. There is
sidewalk on the frontage with Horsepond Road. It is required in the Zoning Ordinance that there be
connecting sidewalk from what is considered the neighborhood sidewalk network to the building
entrance and parking area. There is a waiver request associated with that as well. Dumpsters are
existing on the site. There are other minor comments about lighting and bike parking that Staff put
in the Report. Currently, there is no curbing of the existing parking areas or the access drive and
there is a waiver request associated with that. Also in the packet there was a submitted tree planting
and landscape plan, this is pretty much a continuation of the existing plan as it was adopted in the
previous application. They have some minor adjustments to do but nothing significant.
In the motion to approve, there are three waiver requests which will the Commission will need to
take action on. One is the request for the elimination of the curbing requirement. Staff does
recommend approval of that request as the elimination of curbing exists with the draining of the
area for stormwater purposes. Staff does recommend as a condition of approval, the installation of
parking bumpers at the head of the parking spaces just to provide for vehicle control safety, to
preclude parking on the adjacent grass areas and also just to better identify the parking spaces. The
other waiver request was for partial elimination of a sidewalk requirement. The applicant did
include letters which were in the packet. Staff recommends denial of the waiver request. Although
there is the frontage sidewalk installed along Horsepond Road, as a matter of practice they have not
recommended waivers for sidewalk elimination in the past. There are other properties along
Horsepond Road that do have sidewalk. There is somewhat of a lack of connectivity between them
at this point but the intention of the Ordinance is that over time as properties are improved, the
sidewalk network develops and it eventually does connect and become whole. Staff also had a
recommendation of denial for the parking reduction waiver. The applicant submitted a request for
waiver of twelve (12) spaces from the required thirty-six (36). If the waiver were approved that
would mean that they are basically retaining the existing parking that they have on the site. The
reasons for the Staff recommendation to deny have to do with the fact that since the site was
originally approved for construction, there has been additional activity with regards to events such
as tastings and other events that the brewery has on the site. They have had some evidence provided
by the Fire Marshal’s Office as well as Code Enforcement that there has been some parking on the
grass and that the existing parking was somewhat deficient on the site. Therefore, they believe that
the twelve (12) spaces which on the previous Site Plan were shown as reserved which would be in
practice when you approve a parking waiver. In the last application the parking waiver was
approved; however, Staff believes that the time has come for those twelve (12) spaces should be
utilized.
Colonel Welsh stated that he had a question regarding the parking waiver. There is a sizable
increase to the building, is that going to result with an increase in employees? Responding to
Colonel Welsh, Mrs. McDaniel stated no, not to start with; employment will stay pretty level. It’s
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strictly at this point to move the bottling line over and increase the warehouse in space and then in
the future, possibly adding more tastings.
Colonel Welsh stated that would bring an increase in employees. Responding to Colonel Welsh,
Mrs. McDaniel stated currently that a possibility.
Colonel Welsh questioned how many employees they have working there at any point in time?
Responding to Colonel Welsh, Mrs. McDaniel stated that the maximum number of employees there
at one time is seventeen (17). There are a total of twenty-one (21) employees and they are split-
shifted over the day so the peak period is from 12:00pm-3:00pm and that’s when there are
seventeen (17) people.
Colonel Welsh stated that they have an excess of seven (7) parking spots. Responding to Colonel
Welsh, Mrs. McDaniel stated yes, actually there’s been a skip over the Phase 1B drawing where
they actually took some of those parking spaces that were in reserve from the original plan in May
2013. They flipped the parking; it was originally supposed to go down alongside the front of the
building and they flipped that to the front and used the same amount of square footage that was
going to be in Phase 2 for parking and put that in the front with the driveway and the additional
eight (8) spaces. Their original plan was for sixteen (16) parking spaces for Phase 1 and then for
Phase 2 it was supposed to go to twenty-one (21) parking spaces on the original Site Plan that was
approved in 2009. When they originally had the Site Plan, they had parking that was going to be in
Phase 2 that was going to go down the side of the building that faces Horsepond Road. In 2013,
they were having some problems with truck traffic so they took a portion of impervious area and
flipped it to the front and had a Phase 1B plan and in that plan they put a total of eight (8) more
parking spaces in. They are up to twenty-four (24) spaces when their original plan from 2009 only
required twenty-one (21) parking spaces.
Colonel Welsh stated that now their square footage will require thirty-six (36) parking spaces.
Responding to Colonel Welsh, Mrs. McDaniel stated that their square footage then would have
required thirty-six (36) spaces but they had a parking waiver then to have twenty-one (21) parking
spaces.
Colonel Welsh questioned if they owned additional areas? Responding to Colonel Welsh, Mrs.
McDaniel stated that they own the additional area across McD Drive. They own three (3) buildings
there.
Colonel Welsh further questioned how many parking spots were on this property? Responding to
Colonel Welsh, Mrs. McDaniel stated that there were sixty-five (65) parking spots there in the front.
Based on square footage, their tenants would have a requirement of thirty-five (35) parking spaces
and the brewery is actually one of their tenants there to so she believes that they have thirty-eight
(38) spaces available for their use and they do have that agreement with them. They have additional
parking in the back but that parking isn’t lined into spaces so she couldn’t give an accurate count
there.
Colonel Welsh questioned if in their opinion they have adequate parking to support events that they
have? Responding to Colonel Welsh, Mrs. McDaniel stated that they only have two (2) large events
per year. Those two (2) large events per year do use that parking. They provide the manpower to
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control the pedestrian traffic in that parking. When people are parked there, they also park in that
field behind those two (2) buildings and they provide all of the safety requirements. There are other
events there where they probably need more than the twenty-one (21) spaces that they have now
and they have probably been casual about allowing people to park on the grass as was mentioned.
At the DAC meeting, the brewery made the commitment to stop that and if they add the parking
blocks, she thinks that will further control the parking. They would reserve the twelve (12) spaces
for future use.
Colonel Welsh questioned what she meant by reserving the twelve (12) spaces for future use?
Responding to Colonel Welsh, Mrs. McDaniel stated that as part of the waiver request, they have to
show on the drawing where the additional twelve (12) spaces would be if they needed them.
Colonel Welsh further questioned how that determination would be made? Responding to Colonel
Welsh, Mrs. Townshend stated that they have shown it on the plan. If Staff is seeing continual
parking on the grass then they would need to re-evaluate.
Colonel Welsh questioned if there was a future control there? Responding to Colonel Welsh, Mrs.
Townshend stated yes.
Mr. Tolbert questioned if they anticipated an increase in events? Responding to Mr. Tolbert, Mrs.
McDaniel stated no, they have two (2) large events; one event in April and one in October. There
are other small events like for the Chamber of Commerce.
Mr. Jim Lutz stated that he was with the Fordham and Dominion Brewery. There are two (2) large
events; one in April and one in October. Parking is an issue during these events but Mrs. McDaniel
is kind enough to make sure that field behind the north side of McD Drive is cut and then they have
parking brigade that directs traffic there which is usually not an issue. He went back to the brewery
after last week’s DAC meeting and raised cane with his guys trying to get to the bottom of this
about the Fire Marshal saying that people are parking on the grass during working hours. He never
saw the people parking in the grass but as he has been thinking about it and his ops people are
talking to him. They went through some major issues at the brewery this past year due to a slight
explosion of one of their tanks. For that reason, there were a lot of construction trucks in their
parking lot during 2015; sometime four or five trucks taking up multiple spots. Due to that, he did
see people parking on the grass. Seventeen (17) employees is the maximum and that is if everybody
shows up for work. He is sure that he has a few people every day that don’t show up for work. They
have two (2) guys who don’t even have a driver’s license which might be why the City is making
them put in a bike rack or a sidewalk that leads to nowhere. Big events are an issue but at the end of
the day, twelve (12) more spots aren’t going to fix Cheesetober Fest or R2Hop2.
Mr. Tolbert questioned if the events that they have are major issues for their operation? Responding
to Mr. Tolbert, Mr. Lutz stated that they are actually great marketing tool for them. They draw
people in from about a seven (7) state area and it helped them promote and get them to where there
are today. One of the reasons why this application kept getting a continuance in 2009 is because
they put in a wonderful plan to make things happen in 2009 and for some reason this brewery was
the only brewery that was declining in sales. He got involved in 2011; they have certainly stopped
that decline. A lot of people know what they are doing and they are making some great beer. They
sell all of their beer within one hundred fifty (150) miles from where they are standing and London
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and it’s becoming that hometown brewery. A lot of this is because of these events that they do and
certainly with the Habitat for Humanity and Chamber of Commerce events held each year as well as
the weekend tours. He knows that Saturdays are a pain for the Fire Marshal’s and other people as
well but he believes that they have that under control; more so than they did before. It certainly is a
huge marketing tool for them and it allows people to come in and see what they are doing and touch
their tanks.
Mr. Tolbert questioned if it’s reasonable to assume at this point that because of their success with
events as a marketing tool that they will continue to have these events and that they will become
larger and attract more people. Responding to Mr. Tolbert, Mr. Lutz stated that their marketing guys
want to make it huge and bring in 10,000 people. He has actually drawn the line at eighteen hundred
(1,800) people because we can handle that number. At one point, they were well over that during an
event and he said that eighteen hundred (1,800) was the limit. They can handle the flow of people
until they build this building and then that count will go down to one thousand (1,000) people for
the event. They are maxed; they know there is a limitation. He believes in supply and demand and
they know that if they are only going to let one thousand (1,000) people in, the price to get in is
going to cost a little more. He doesn’t want the next Firefly event.
Mr. Tolbert further questioned if they felt re-assured that they could control the number of people
that come in? Responding to Mr. Tolbert, Mr. Lutz stated yes, they limit the ticket sales.
Mr. Cregar questioned if any of the expansion is increasing the size of the tasting area? Responding
to Mr. Cregar, Mr. Lutz stated that it does not; this next step for them is huge. There’s a huge
investment on behalf of the McDaniels which eventually they will be paying for in rent. This next
move for them is about another $2 million dollars out of their pocket as far as a bottling line. They
are going to move the bottling line, warehouse space and then where the current bottling line is will
end up being filled with tanks. They don’t need a lot more people to do what they are doing now.
It’s going to be a warehouse and eventually a bigger tank farm but the brewing of the beer and the
bottling of the beer, the numbers are pretty limited.
Mrs. McDaniel stated that she had a few more comments about parking. They are also concerned
about the impervious area that the parking would add. Right now, they are at the limit of their
current plan of impervious area and any additional parking could force them to have a new
stormwater management plan. That would involve costs associated with that as actually developing
the plan, implementing the plan and all of the approval fees which would be a significant cost. They
feel that the adjacent parking that’s available is enough to handle the current situation and the future
there and it’s the most economical and environmental friendly solution at this point. As Mr. Lutz
said, the brewery is on a tight budget for this expansion. Any additional costs flow through to them
because they start with us and they are going to have to pay that and they are really trying to bring it
in on a tight schedule and a tight budget.
The other waiver requested was the curb waiver and she agrees with the recommendation. She
thinks that the parking blocks would help manage the parking and make it clearer where each space
is. On the sidewalk use, she doesn’t really agree with the recommendation.
Mrs. McDaniel handed out a diagram of where the sidewalks are currently at on Horsepond Road.
She understands the intent of the Code is to provide a network of sidewalks for pedestrians with the
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goal for making Dover a walking city but she doesn’t think that comes into play here very
effectively because they are on the border of the City boundaries. Dover Behavioral Health is 2/10
of a mile away and they have a site sidewalk and approximately one hundred fifty (150) feet of
sidewalk along Horsepond Road. Maggies Way has just site specific sidewalk within the Bryan
Park; there is no sidewalk on Horsepond that it connects to it. She believes that both projects are in
Kent County. (Staff notes both project are within City limits.) You can see from the diagram
provided that the only sidewalks are in front of their property and the small section in front of
Dover Behavioral Health. There are no sidewalks on South Little Creek Road until approximately 1
mile away in the 1100 block. There are no sidewalks on Lafferty Lane and on Horsepond Road, the
only sidewalks are the three hundred twenty (320) feet in front of the brewery and one hundred fifty
(150) feet in front of Dover Behavioral Health; Horsepond Road is approximately 2 miles long.
There is no existing network of sidewalks in this neighborhood. The closest bus stop is west of 1100
South Little Creek Road at Tudor Industrial Park. Horsepond Road doesn’t have a shoulder for
people to park on so they don’t want people to park there and use the street sidewalk to get to their
building because that wouldn’t be safe. There is no safe way or in the foreseeable future for safe
pedestrian access to the brewery from the neighboring area. In actuality, if we encourage the use of
the sidewalks we are endangering them because they would have to walk on Horsepond Road where
several sections have limited shoulders to walk on. The proposed expansion of the warehouse space
and re-locating the bottling line will not generate or attract pedestrian traffic. It adds this sidewalk
unnecessity. Inside their property that could go either straight to the street which doesn’t make a
whole lot of sense or it would have to go down the driveway and down along McD Drive. That is an
approximate expense of $20,000 to construct and there will be additional costs to maintain that
sidewalk. The brewery has access to their adjacent parking at the other building. This area is
typically rarely used by the brewery except for the couple events a year that Mr. Lutz discussed and
the brewery manpower manages the safety of the people crossing McD Drive there so she doesn’t
feel that they have the need for the sidewalk to connect those two areas. They do have sidewalk in
front of those two buildings. The sidewalk would also add additional impervious surface to their
plan which could put before them, a revision to the stormwater design or a reduction of building
size if they had to make an option choice. They are trying to build this expansion as economically as
possible so the brewery can afford it and if they keep adding costs to the project for sidewalks, the
addition maintenance and engineering that would go with that could make the project financially
infeasible. They are close to that now with the other requirements.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, he closed the public
hearing.
Mr. Cregar stated that part of him understands the complexity and the cost involved with sidewalks
but another part of him is saying “how do we ever deal with the issue of connection and pedestrian
access as the City grows and things change in that area if we don’t require these projects to support
pedestrian access and to cover the safety issues around that?” He’s looking for the Commission to
look at this in a fair and equitable way but at the same time, think about what the future looks like
as they continue to develop this area.
Colonel Welsh stated that he has the same reservation. Today it may not be reasonable or common
sense to require a sidewalk but five (5) years from now it may be. He is of a mind that says in some
instances, they need to apply common sense and require them to build it. In other instances, they
need to apply common sense and say let’s hold off on that requirement for now. Do we have a
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mechanism where we could come back five (5) years from now and if there is development that
occurs across the street or next to them, to then require the sidewalk? Responding to Colonel Welsh,
Mrs. Townshend stated if you the Commission does not require it with an application then they are
not going to be able to get it. Listening to the both of them speak there is one point that she would
add, this is a property located within the APZ II. The properties within the APZ I and the APZ II
tend to be low intensity uses as they relate to people because the Ordinance specifically does not
allow uses that are going to bring a lot of people. They have had these issues come up at other
properties in this area. They are not going to have a school, a dance studio, a day care or residential
uses in this area so while she cringes at the idea of not requiring sidewalks for that same reason she
thinks that the location in the APZ does limit the number of people that are going to use the
sidewalk just by virtue of not having uses that are going to bring a lot of people.
Mr. Cregar stated that there had to be an argument going on during the development of Dover
Behavioral Health. Responding to Mr. Cregar, Mrs. Townshend stated that the frontage sidewalk on
Horsepond Road is a DelDOT requirement which is a lot harder to get out of. In this case, the
Planning Commission has the ability to waive. She can’t remember but she doesn’t think that Dover
Behavioral Health requested the waiver. Again, they are probably the only use that has a lot of
people in this area that they are going to see and that’s because they pre-date the AEOZ (Airport
Environs Overlay Zone) and they received a Variance to be able to expand. When they updated the
AEOZ (Airport Environs Overlay Zone), they will be able to expand now without a Variance but
other similar uses are not going to happen in this area.
Mr. Cregar questioned what kind of heartburn the Planning Office would get if they waived the
sidewalk requirement? Responding to Mr. Cregar, Mrs. Townshend stated that her concern with
sidewalk waivers is that their sidewalk network is built piece by piece starting as a sidewalk to
nowhere and as things develop and re-develop, that’s when you fill in those pieces. Her concern
with the waivers is always in addition to making something less accessible for pedestrians, it’s also
the precedence it sets. She thinks that there are circumstances here because of the restriction on the
uses and because of the APZ that maybe it sets a precedent for other places on Horsepond Road and
Lafferty Lane but again those are not the places where you are going to see churches, day cares,
schools or houses.
Colonel Welsh stated that he agrees 100% with that. If you apply the common senses approach, is it
really required or needed there? Responding to Colonel Welsh, Mrs. Townshend stated that if the
Commission chooses to waive the sidewalk requirement, just make it clear in the motion of why so
that there’s not an issue in the future with other applicants saying “you gave the waiver to them,
why are you going to make me put a sidewalk in on Route 13?”
Colonel Welsh moved to approve S-15-15 Fordham & Dominion Brewery Building Addition (Phase
2) at 1284 McD Drive, to include approval of the sidewalk waiver and approval of the parking
waiver.
Colonel Welsh stated that he doesn’t see that parking is readily needed and he for one has always
been from a mind that in certain areas they have way too much non-pervious area. It bothers him
every time he drives by the old Walmart location and sees about a twentieth of that large asphalt
area and an excellent recharge area that is impervious. He realizes that it’s another community but if
you look at Fifer Farms and the festivities that they have every quarter and the massive number of
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cars that are parked in the grass along the road; it doesn’t seem to have an adverse effect on
anything. If the City monitors this project and they don’t see an increase, then he doesn’t see a need
in requiring them at this time to build the parking. Responding to Colonel Welsh, Mrs. Townshend
stated that they have the same thing with temporary parking with things like Firefly, Big Barrel, the
race or the Wine & Beer Festival at the Delaware Ag Museum. On a limited basis, the Code doesn’t
permanent parking on grass but special events are a different issue.
Colonel Welsh moved to approve S-15-15 Fordham & Dominion Brewery Building Addition (Phase
2) at 1284 McD Drive, to include approval of the sidewalk waiver and approval of the parking
waiver and the elimination of curbing, seconded by Mr. Holt and the motion was unanimously
carried by roll call vote 6-0 with Mr. Holden, Dr. Jones and Mr. Ambruso absent. Mr. Cregar
voting yes, adding that as part of the waiver of the sidewalks because of this low density area and
the lack of pedestrian area, this isn’t needed. Colonel Welsh voting yes, the AEOZ (Airport
Environs Overlay Zone) means that this is going to continue to be a low density area. Mr. Holt
voting yes, for the same reasons stated and agrees with the sidewalk waiver. Mr. Baldwin voting
yes, for the reasons previously stated. Ms. Still voting yes, for the reasons previously stated. Mr.
Tolbert voting yes, for all of the obvious reasons that have been stated but as he listened to the
discussion, he is of the opinion that these special events are going to get increasingly larger.
3) Z-15-04 Lands of Whatcoat Community Development Inc. at 904-992 Whatcoat Drive: Rezoning
from RG-1 with COZ-1 to RG-2 with COZ-1 – Public Hearing and Review for Recommendation to
City Council on a rezoning application for a 4.282 acre ± parcel. The property is zoned RG-1
(General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning
is RG-2 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property
is located on the east side of Saulsbury Road and south of Whatcoat Drive. The owner of record is
Whatcoat Community Development Inc. and the equitable owner is Whatcoat Village Associates
Inc. Addresses: 904, 910, 930, 950, 970, 986 and 992 Whatcoat Drive. Tax Parcel: ED-05-067.19-
02-11.00-000. Council District 4. Ordinance #2015-23. A Public Hearing and Final Reading are
scheduled for action before the City Council on January 11, 2016.
Representatives: Mr. Stephen Rosenfeld, VanDemark & Lynch Inc
Mrs. Townshend stated that this is a rezoning request for 4.282 acre piece of property which is the
Whatcoat Apartments. The current zoning classification is RG-1 (General Residence Zone) and
subject to the COZ-1 (Corridor Overlay Zone). Under the rezoning request they would change the
zoning to RG-2 (General Residence Zone), again, still subject to the COZ-1 (Corridor Overlay
Zone). The current property is the home of Whatcoat Apartments. The applicant is looking to
improve the apartment complex and as part of that improvement they will be adding a community
center that would be available to the residents. The apartment use is a non-conforming use in the
RG-1 (General Residence Zone) but it would be permitted in the RG-2 (General Residence Zone).
With the RG-1 (General Residence Zone) under the non-conforming use provisions of Article 7 you
cannot expand a non-conforming use so renovating the apartments is not a problem but adding the
community center to improve the livability of the apartment community would be an expansion of
that non-conforming use. Therefore, the applicant has requested a rezoning from RG-1 (General
Residence Zone) to RG-2 (General Residence Zone) so that the apartments would be a permitted
use and they could improve the apartments and included with that, add the amenity of a community
center. They did determine that the community center if the rezoning is successful can be done
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through an Administrative Site Plan so that application won’t come back to the Planning
Commission but the rezoning is necessary for that to happen. It is consistent with the
Comprehensive Plan. The Comprehensive Plan designation for this area is actually residential high
density so the RG-2 (General Residence Zone) is more consistent with the Comprehensive Plan
than the current zoning classification.
Mr. Rosenfeld stated that when the apartments were built in the 1970’s it was zoned RG-1 (General
Residence Zone) and somewhere along the line the Zoning Code has changed to not allow
apartments in this zone. Mostly what they are doing is updating the zoning of this parcel so that they
are conforming rather than non-conforming.
Mr. Tolbert questioned if Mr. Rosenfeld agreed with the DAC Comments. Responding to Mr.
Tolbert, Mr. Rosenfeld stated yes, he does agree with the comments.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mr. Holt moved to recommend approval to City Council for Z-15-04 Lands of Whatcoat Community
Development Inc. at 904-922 Whatcoat Drive: Rezoning from RG-1 with COZ-1 to RG-2 with COZ-
1, seconded by Colonel Welsh and the motion as unanimously carried 6-0 by roll call vote with Mr.
Holden, Dr. Jones and Mr. Ambruso absent. Mr. Cregar voting yes, he supports this because it is
also in their Comprehensive Plan to include this area as a high density area which apartments will
be a part of that. Colonel Welsh voting yes, for the same reasons. Mr. Holt voting yes, it is keeping
with the Comprehensive Plan. Mr. Baldwin voting yes, it’s keeping with the improvement of the
area. Ms. Still voting yes, it’s keeping with the plan and she thinks it’s a great idea. Mr. Tolbert
voting yes, concurring with all the comments made and it’s consistent with the plan.
4) MI-15-13 Text Amendment: Definitions of One-Family Dwelling and Manufactured Home-
Public Hearing and Review for Recommendation to City Council of Text Amendments to Zoning
Ordinance, Article 12 – Definitions to amend the definition of “one family dwelling” and to add a
definition for “manufactured home.” Ordinance #2015-20. A Public Hearing and Final Reading are
scheduled for action before the City Council on January 11, 2016.
Representatives: None
Mrs. Townshend stated that this is a zoning text amendment. This zoning text amendment came
about following the issuance of a Building Permit for the construction of a manufactured home on a
permanent foundation on a property within a One Family Residence Zone. In evaluating the permit,
they determined that there was nothing in the definitions that allows you to look at a “manufactured
home” differently than any other single family home. Several residents and members of City
Council expressed concerns about the appropriateness of this and Staff subsequently reviewed
literature and determined that their Zoning Ordinance is woefully out of date as it relates to
“manufactured housing.” Terms such as “mobile homes” and “trailers” are dated terms that do not
apply to manufactured housing built today that meets the HUD standards of the 1976 HUD Code
and it really causes confusion and a number of issues as it relates to how the Code should be
administered. This is the first ordinance to help resolve the challenges with their lack of current
definitions as it relates to this matter. They are also in the process of reviewing the MHP (Mobile
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Home Park Zone) but again, mobile homes are the pre-1976 type of housing and what’s built today
is under a very different standard. They want to resolve confusion and bring their definitions and
code requirements up-to-date; and again, this is going to be a multi-phase thing. The first phase is
some amendments to the definitions and the first one is an amendment to the definition of
“dwelling, one family” and clarifying that a one family dwelling is a permanent dwelling placed on
a permanent foundation and designed for use by one family. But then going further to say that a
manufactured home is not included as a one family dwelling but modular homes, which they will
also need to define as they get into their definitions, which are built in accordance with the locally
adopted building codes are considered one family dwellings. They would then go on to define
“manufactured home” because at this point it is nowhere in their definitions. In researching this,
they have determined that all of the definitions that relate to the things that people are referring to
these units as mobile homes or house trailers and the dwelling definitions date back to at least 1968
when things were very different. One of Mr. Eddie Diaz’s first projects is to look at what they need
to do with the MHP (Mobile Home Park Zone). Even the MHP does not refer to anything based on
the 1976 codes; it dates back to a 1969 regulation on mobile homes. There is a lot that needs to be
cleaned up but they are starting with one making it clear that a one family dwelling for the purposes
of what’s permitted in a one family residence zone that it does not include manufactured homes or
mobile homes and adding a definition that is consistent with current housing policy for
manufactured homes.
Mr. Holt stated that he thinks this is probably developed from a home that was built only 2-3 houses
down from where he lives and it is a modular home. Responding to Mr. Holt, Mrs. Townshend
stated that it’s a manufactured home.
Mr. Holt further stated that the manufactured home was brought in as more than one piece and put
together on the site. They have remarkably made it look like it was a stick built home. They have
done an excellent job with it. They put a cement block foundation around it. In the neighborhood it
looks very good. It’s not anything like looking at what a trailer would look like. They have done a
good job with it.
Mr. Tolbert stated that it’s his understanding that you can’t move these homes once they are put on
a foundation. Responding to Mr. Tolbert, Mrs. Townshend stated yes.
Mr. Tolbert questioned what a modular home was? Responding to Mr. Tolbert, Mrs. Townshend
stated that a modular home is like a Beracah Home where it’s built in a factory but brought in in
pieces and assembled on-site. It has the same type of building permit and the same inspections that
a house that’s fully built on-site would have. Manufactured homes are also factory built homes but
they are built to a specification that is administered and regulated by HUD not the local building
codes. The principal difference is how they are regulated.
Mr. Tolbert stated that they look similar. You can’t look at one and tell whether it’s a modular home
or a manufactured home. Responding to Mr. Tolbert, Mrs. Townshend stated that it depends; she
would say that there are times that you could look at three homes and think they are the same
construction: one could be a modular home, one could be a manufactured home and one could be a
stick built ranch that was entirely built on-site. Unless you get underneath to look at how it’s
assembled underneath, you are not going to know the difference.
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Mr. Tolbert stated that modular homes were delivered in pieces; manufactured homes were brought
in two halves. Modular homes aren’t brought in two halves? Responding to Mr. Tolbert, Mrs.
Townshend stated that it could be; it depends. There are modular homes that are two story homes
that are brought in pieces and assembled. It’s really just the type of construction; the way it’s
constructed. A manufactured home is supported by a chasse where a modular is not. She has had the
opportunity to answer a lot of questions of whether or not she would want that on her street and
when she looks at her street, there are a number of ranches that she assumes to be ranches but she
couldn’t tell one way or the other.
Colonel Welsh stated that the old Nanticoke Homes are modular homes which is not Beracah
Homes. They are nice looking homes. Responding to Colonel Welsh, Mrs. Townshend stated that it
is a modular home not a manufactured home.
Colonel Welsh stated that they come in in sections, the foundations are already built.
Mr. Holt stated that a modular home is actually built better because it’s built inside under dry
conditions but that’s just hearsay.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Still moved to recommend approval to City Council for MI-15-13 Text Amendment: Definitions
of One-Family Dwelling and Manufactured Home, seconded by Mr. Cregar and the motion as
unanimously carried 6-0 by roll call vote with Mr. Holden, Dr. Jones and Mr. Ambruso absent. Mr.
Cregar voting yes, in support of upgrading City Ordinances. Colonel Welsh voting yes, it more
clearly defines the Ordinance. Mr. Holt voting yes, it upgrades the Ordinance. Mr. Baldwin voting
yes, it upgrades the Code. Ms. Still voting yes, for all the reasons stated. Mr. Tolbert voting yes, it’s
something that needs to be done to bring the Code up-to-date.
Meeting adjourned at 8:39 PM.
Sincerely,
Kristen Mullaney
Secretary
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CITY OF DOVER ORDINANCE #2015-17
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 14 - Amusements and Entertainments of the Dover Code be deleted in its entirety.
BE IT FURTHER ORDAINED:
That Appendix B - Zoning, Article 3 - District Regulations, Section 18 - Recreational and
Commercial Zone (RC) of the Dover Code be amended to read as follows:
Section 18. - Recreational and commercial zone (RC).
18.1 Uses permitted. No building or premises shall be used and no building shall be erected
which is arranged, intended or designed to be used, in whole or in part, for any purpose
except the following:
(a) Public and private parks and playgrounds.
(b) Athletic fields.
(c) Sports stadiums and arenas.
(d) Public and private swimming pools and clubs.
(e) Miniature golf courses and pitch and putt golf courses.
(f) Golf or baseball driving ranges.
(g) Golf courses and country clubs.
(h) Casinos
(i) Hotels, motels and restaurants.
(j) Auto, horse and motorcycle racetracks.
(k) Indoor and/or outdoor recreation and amusement establishments.
(l) A temporary outdoor activity, such as a fair, circus, carnival, bazaar, music
festival, or other outdoor event, subject to the following requirements:
(1) Permit required. A temporary outdoor activity permit shall be
required. Such permit may be issued for a calendar year, provided that
any changes to the permit are reviewed and approved by the
department of planning and inspections.
(2) Plan required. The owner shall submit a plan to the department of
planning and inspections showing the layout for the temporary
activity a minimum of 30 days prior to the event, including the
location of all existing structures and any proposed temporary
structures, including but not limited to stages, tents, trailers, and
temporary buildings. The permit application must address water
supply, wastewater disposal, sanitation, erosion and sediment
controls, and maintenance of traffic as it relates to any City streets.
The permit shall include any other pertinent information deemed
appropriate by the department director for this permit.
(3) Fees. A fee for the temporary activity permit shall be in accordance
with Appendix F - Fees and Fines.
(4) Parking. The application for the temporary activity permit shall
include a plan delineating the proposed parking area(s), number of
parking spaces, ingress and egress to the parking area, and any other
pertinent information deemed appropriate for the permit.
Página 21
Ordinance #2015-17 - Chapter 14, Appendix B, Article 3 (Section 18), and Appendix F Page 2
(5) Noise. The use of loud speakers and other amplification systems
outdoors shall be prohibited between 12:00 a.m. and 7:00 a.m. on
Monday through Friday and between 2:00 a.m. and 9:00 a.m. on
Saturday and Sunday.
(6) Documentation of approval. The director of planning and inspections
may require documentation of approval for outside agencies having
jurisdiction over such activity including but not limited to the
Delaware division of public health, department of transportation, and
the Dover police department.
(7) Discharge of substances. No activity associated with a temporary
outdoor activity shall be permitted to discharge any substance,
including but not limited to wash water, to any storm drain, storm
water management area, drainage ditch, or other water conveyance
system.
(m) Temporary Camping Areas. Temporary camping areas shall be permitted
subject to the following requirements:
(1) Permit required. Property owners wishing to provide more than five
camping sites shall apply for a permit from the planning and
inspections department. Such permit shall be valid for the calendar
year in which it is issued. Any changes to the permit shall be
approved by the department of planning and inspections.
(2) Fees. Fees for the permit and/or amendments to the permit will be
charged in accordance with Appendix F - Fees and Fines.
(3) Diagram required. Prior to issuance of a permit, the property owner
or his/her agent must submit a legible diagram of the camping area to
the department of planning and inspections. The diagram shall
include:
i. Identification of camping areas and indicate whether each
area will be utilized for tent camping or recreational vehicle
camping.
ii. Emergency access, drive aisles, entrance(s) and exit(s).
iii. Number of proposed recreational vehicles or tents to be
permitted in each camping area.
iv. Location of power lines.
v. Location of restroom facilities.
vi. The period of time for which the permit is requested.
(4) Distance from power lines. No camping sites shall be permitted
within 25 feet of power lines as measured from the center of the
utility pole. Vertical extensions from camping sites shall not be
closer than 25 feet to power lines as measured from any point on the
vertical extension.
(5) Tent placement in relation to vehicles. Tent camping sites shall be
laid out to avoid the location of tail pipes, generators, and other
carbon monoxide sources near tent placement. The Fire Marshal or
other city code official shall have the authority to require that vehicles
and/or tents be relocated to avoid the danger of carbon monoxide
entering tents.
(6) Restrooms and shower facilities required. Tent camping areas shall
Página 22
Ordinance #2015-17 - Chapter 14, Appendix B, Article 3 (Section 18), and Appendix F Page 3
be required to include temporary or permanent restrooms and shower
facilities.
(7) Parking recreational vehicles. Recreational vehicles shall not be
parked closer than ten feet to other recreational vehicles, buildings,
or other structures, as measured from the long side of the vehicle; nor
closer than two feet from other recreational vehicles, buildings, or
other structures, as measured from the front or rear of the vehicle.
The required ten feet shall exclude any bump-outs or other
protrusions from the side of the vehicle. Any exceptions to this shall
be subject to review by the fire marshal upon the determination that
the safety objectives of this subsection are achieved.
(8) Drive aisles. Camping areas shall have drive aisles constructed of
drivable surfaces engineered to hold the weight of recreational
vehicles, fire equipment, and other emergency response equipment in
all types of weather. Crushed stone or gravel surfaces shall be
permitted for such drive aisles.
(9) Residential buffering. Any camping area abutting a residential use
shall be buffered by a landscape buffer of evergreen trees of a
minimum height of six feet tall and an opaque fence of six feet tall.
(10) Change approval. Any changes to the approved layout of temporary
camping areas shall be approved by the department of planning and
inspections.
(11) Discharge of substances. No activity associated with any camping
area shall be permitted to discharge any substance, including but not
limited to wash water, to any storm drain, storm water management
area, drainage ditch, or other water conveyance system.
18.2 Conditional uses. The following uses are permitted, conditional upon the approval of
the planning commission in accordance with the procedures and subject to the general
conditions set forth in article 10, section 1:
(a) Outdoor and drive-in theaters, provided that adequate screening is installed
to shield all adjacent properties and public streets and alleys from the glare
of lights from the parking areas.
(b) Airports and facilities incident to aviation.
(c) Livery stables and riding academies, provided that the corrals shall be at least
200 feet from any dwelling, school, church, eating place and intermittent or
running, natural or artificial watercourses.
18.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses
on a lot.
(a) Accessory uses customarily incident to the principal use and any other
necessary to the operation of the principal permitted use located on the same
premises therewith shall also be a permitted use.
18.4 Performance standards. All uses are subject to performance standards as set forth in
article 5, section 8.1.
Página 23
Ordinance #2015-17 - Chapter 14, Appendix B, Article 3 (Section 18), and Appendix F Page 4
18.5 Site development plan approval. Site development plan approval in accordance with
article 10, section 2 hereof shall be required prior to the issuance of building permits
for the erection or enlargement of all permanent structures and prior to the issuance of
certificates of occupancy for any change of use.
(Ord. of 7-10-2000; Ord. of 2-12-2001)
BE IT FURTHER ORDAINED:
That Appendix F - Fees and Fines of the Dover Code be amended by inserting the text indicated in
bold, blue text, as follows:
Appendix B - Zoning, Article 3 - District Regulations
Sec. 18 Recreational and commercial zone (RC)
Subsec. 18.1 Uses permitted
(k)(3) Temporary Activity Fee
Less than 5 acres $50.00
5-25 acres $100.00
26-100 acres $250.00
100+ acres $500.00
(l)(2) Temporary Camping Permit Fee
Less than 5 acres $50.00
5-25 acres $100.00
26-100 acres $250.00
100+ acres $500.00
ADOPTED: DECEMBER 14, 2015
S:\ORDINANCES\2015\ADOPTED\Ordinance #2015-17 Amending CH 14-AMUSEMENTS, APNDX B-ART III, SEC 18, AND APNDX F-ADOPTED 12-14-2015.wpd
SYNOPSIS
The proposed ordinance removes Chapter 14 of the Dover Code - Amusements and
Entertainment, which addresses Outdoor Music Festivals. The proposed ordinance
also amends the RC (Recreation and Commercial) Zone to allow temporary special
events and temporary camping areas within the zone and sets minimum requirements
for these events and camping areas.
(SPONSORS: HARE, HUTCHISON, AND TOWNSHEND)
Actions History
12/14/2015 - Public Hearing/Final Reading at City Council meeting
10/26/2015 - First Reading at City Council meeting
10/12/2015 - Introduced at the Legislative, Finance, and Administration Committee meeting
Página 24
MEMORANDUM
Department of Planning and Inspections
P.O. Box 475
Dover, Delaware 19903
Phone: 302.736.7196 Fax: 302.736.4217
Date: January 5, 2016
To: Planning Commission
From: Planning Office
RE: One-Year Review of Conditional Use:
Professional Office at 15 Kings Highway NE (C-15-01)
At its meeting of January 20, 2015, the City of Dover Planning Commission moved to grant
conditional approval of the Conditional Use Site Development Plan for the 15 Kings Highway
NE project (C-15-01). This Site Plan is to permit the use of the existing 3,250 S.F. +/- building
as professional offices in accordance with the regulations for Conditional Uses in the RG-1
(General Residence Zone), and to make the associated site improvements on the 25,920 S.F. +/-
parcel.
Conditions of Approval
• The approval was granted by the Planning Commission in accordance with and subject to the
conditions of approval outlined in the Development Advisory Committee (D.A.C.) Report dated
January 7, 2015.
• Among the conditions was the requirement of a One-Year Review by the Planning Commission
to ensure compliance with the conditions of approval and whether periodic review is warranted
in the future.
Actions to Date
• Building Permit #15-162 for roof repair and replacement was issued February 6, 2015.
• The Conditional Use Site Plan received Final Plan approval on May 6, 2015.
• Building Permit #15-377 for interior renovations was issued May 12, 2015.
• Permit #15-717 for HVAC system work was issued June 4, 2015.
• Permit #15-742 for plumbing fixture replacement was issued June 15, 2015.
• Planning Staff inspected the property for compliance with the conditions of Planning Commission
approval. A Certificate of Occupancy was issued October 2, 2015.
One-Year Review
• The condition for periodic review is allowable under the provisions of Zoning Ordinance Article 10
§1.42.
• Public Notice for the One-Year Review was completed in accordance with regulations giving notice
of a public hearing to be conducted at the January 19, 2016 Planning Commission meeting.
Página 25
City of Dover Application No.: C-15-01
Department of Planning & Inspections
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C-2A
Title: Professional Office at 15 Kings Highway NE
Address: 15 Kings Highway NE Legend
Parcel ID: ED-05-077.05-02-50.00-000
Zoning: RG-1, Historic District Zone Subject Property
Owner: Marengo Ventures LLC Dover Parcels
Date: 1/08/2016
Zoning
Historic District
« 0 175 350 700 Fee t
2012 Buildings
Página 26
City of Dover Application No.: C-15-01
Department of Planning & Inspections
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R-8
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Title: Professional Office at 15 Kings Highway NE
Address: 15 Kings Highway NE Legend
Parcel ID: ED-05-077.05-02-50.00-000
Zoning: RG-1, Historic District Zone Subject Property
Owner: Marengo Ventures LLC Dover Parcels
Date: 1/08/2016
Zoning
Historic District
« 0 175 350 700 Fee t
2012 Buildings
Página 27
PETITION TO AMEND AND ZONING DISTRICT
Public Hearing before the
City of Dover Planning Commission
January 19, 2016
Applicants/Owners: Halpern Family Property Investment, LP
Address: 1042 South Bradford Street (portion)
Location: West side of South Bradford Street south of Waples Avenue
Tax Parcel ID #: ED-05-077.17-03-14.00-000 (portion)
Size: 2,373 +/- Square Feet (8,000 SF of lot would remain
R-8)
Present Use: Residential Lot
Proposed Use: Parking for Commercial Use
Comprehensive
Plan Designation: Residential Medium Density (Rezoning request would qualify as a
minor variation)
Present Zoning: R-8 (One Family Residence Zone)
Proposed Zoning: C-1A (Limited Commercial Zone)
File Number: Z-16-01
Ordinance Number: 2015-14
Página 28
Z-16-01 Lands of Halpern Family Property Investment LP
Draft DAC Report
Page 2
Existing Property
The property is currently zoned R-8 (One Family Residence Zone). The rezoning request would
rezone 2,373 square feet of a 10,373 square-foot parcel from R-8 to C-1A (Limited Commercial
Zone). The parcel is developed with a one family residence. The portion of the property with the
dwelling would not be subject to the rezoning. The portion that would be subject to the rezoning
is undeveloped and adjacent to the commercial property that fronts South Governors Avenue.
Following rezoning, the applicant would process a minor lot line adjustment application to
combine the subject area of the property with the commercial parcel.
Surrounding Land Uses:
The property immediately west of the subject property is zoned C-1A and is an office building.
The property immediately south of the subject property is zoned R-8 and is the location of the
parking lot for the Grange. The property immediately north of the subject property is zoned R-8
and is developed with a single family home. The properties across South Bradford Street to the
east are zoned R-8 and RGO (General Residence and Office). They include one family
residences and a medical office building.
Comprehensive Plan:
The 2008 Comprehensive Plan depicts the subject area as Residential Medium Density land use
classification on Map 12-1: Land Development Plan Map. This rezoning request is considered a
minor variation and can be processed as a rezoning request.
Request for C-1A (Limited Commercial Zone)
The uses permitted in the C-1A zoning district are listed in Article 3 §12 of the Zoning
Ordinance. Permitted uses and include retail stores; personal service establishments; service
establishments; restaurants; business, professional, and governmental offices; one family
residences; apartments and multifamily dwellings. Drive throughs accessory to a permitted use
are permitted subject to conditional use approval.
Recommendation of the Planning Staff:
Staff supports the rezoning request from R-8 to C-1A. The rezoning is considered a minor
variation from the 2008 Comprehensive Plan, and it is consistent with the overall land
development pattern of the area. It would also allow for improving parking for the adjacent
commercial property but would not alter the residential context of South Bradford Street.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration.
ADVISORY COMMENTS TO THE APPLICANT:
1) If the rezoning application is successful, no access shall be permitted to the commercial use
or associated parking from South Bradford Street.
2) The survey provided shows the location of a shed on the subject property. Any demolition or
relocation of this shed is subject to a building permit application.
3) Any relocation of lot lines shall be subject to a subsequent application to the Planning Office.
Página 29
Z-16-01 Lands of Halpern Family Property Investment LP
Draft DAC Report
Page 3
All use and bulk standards shall be met or shall be subject to an application for variance to
the Board of Adjustment.
4) The applicant shall be aware that following any decision made by City Council in regards to
approval of this rezoning, that a Site Plan, Subdivision Plan and or appropriate Building
Permits must be submitted to the Planning Department prior to the establishment of a use or
any construction activity on the site. The applicant should contact the Planning Staff to
determine the appropriate review process for any proposed projects.
5) The applicant shall be aware that approval of any rezoning application does not represent a
Building Permit, other construction activity permit approval, or authorization to establish a
use. A separate application submission showing proposed improvements is required before
issuance of permits by 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 Office as soon as possible.
Página 30
City of Dover Application No.: Z-16-01
Department of Planning & Inspections
C-1A
C-1A R-8
Waples Ave
RGO
C-1A
Proposed Rezoned Area:
Approx. 30 feet
of rear of subject lot
Site
R-8
Governors Ave
R-8
R-8 Bradford St
C-2A
RGO
CPO
Title: Lands of Halpern FP
Address: 1042 S. Bradford St
Parcel ID: ED-05-077.17-03-14.00-000 (portion)
Existing Zoning: R-8 (One-Family Residence Zone)
Proposed Zoning: C-1A (Limited Commercial Zone)
Owner: Halpern Family Prop Invest LP Legend
Date: 11/25/2015 Zoning
Dover Parcels
« 0 50 100 200 Feet
Subject Property
Página 31
C F
I I
Z-16-01 T
Y
R
E
CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY D S
O H
D.A.C. MEETING DATE: December 30th, 2015 V A
E L
R
APPLICATION: Lands of Halpern Family Property Investment LP at 1042 South Bradford Street
Rezoning from R-8 to C-1A and R-8
FILE #: Z-16-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., 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:
SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This office has no objection to the rezoning of the property.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (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
2012 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 32
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
January 2016
APPLICATION: Helpern Family Property
FILE #: Z-16- 01
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: David C. Cahill 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: 2014 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. Kent Conservation District has no objection to the re-zoning plan for the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and
exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and
approved to the Kent Conversation District.
Página 33
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: DECEMBER 30, 2015
APPLICATION: LANDS OF HALPERN FAMILY PROPERTY INVESTMENT
LP AT 1042 SOUTH BRADFORD STREET
FILE #: Z-16-01
REVIEWING AGENCY: City of Dover
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 / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
Our office has no objection to the rezoning of:
ED-05-077.17-03-14.00-000
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible
for all costs associated with providing the appropriate meter / service / main to this site based upon the use including
any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer
services and meters will be assessed at that time. (Please note that each water meter registered with the City of
Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be
required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of
Dover Department of Public Works standards and specifications.
2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards &
Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook.
3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is
brought up to current requirements. This may include relocating the water meter outside or changing service line
sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this
site. Additional impact fees may apply for future development.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
1. None.
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 .