Anexo

CITY OF DOVER HISTORIC DISTRICT COMMISSION AGENDA THURSDAY, February 19, 2015 - 3:00 P.M. City Hall – Conference Room ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES OF MEETING on January 15, 2015 COMMUNICATIONS & REPORTS 1. Summary of 2014 Activity a. Summary of Applications 2014 and 2015 b. Summary of Architectural Review Certifications for 2015 2. Department of Planning & Inspections Update a. Draft Bicycle Plan and Pedestrian Plan for Dover b. Restoring Central Dover Community Plan c. Citywide Recreational Needs Assessment d. Delaware Downtown Development District program OLD BUSINESS 1. Status of DRAFT Certified Local Government (CLG) Application (HI-15-01) NEW APPLICATIONS 1. HI-15-05 Biggs Museum Sculpture at 406 Federal Street – Public Hearing and Review for Action on the Architectural Review Certification associated with the placement of a sculpture in the front yard area adjacent to the museum entrance. The property is zoned IO (Institutional and Office Zone) and is subject to the H (Historic District Overlay Zone). The property is located on the southwest corner of Federal Street and East North Street. The owner of record is State of Delaware. Address: 406 Federal Street. Tax Parcel: ED-05- 077.09-05-17.00-000. Council District 4. NEW BUSINESS 1. Determination of Demolition by Neglect a. HI-15-06 Building at 312 West Loockerman Street– Determination of Demolition by Neglect for the building located at 312 West Loockerman Street. The subject site consists of one parcel of land zoned C-2 (Central Commercial Zone) and subject to the H (Historic District Zone). The property is located on the south side of West Loockerman Street between South New Street and South Queen Street. The owners of record are Renee and Deborah Bolds. The property address is 312 West Loockerman Street. Tax Parcel: ED-05-077.09-01-70.00-000. Council District 4. 2. Review of Permits Referred to Commission 3. Proposed Ordinance #2015-03 (MI-15-02) Updates to Dover Code of Ordinances, Chapter 102 – Taxation, Article V – Tax Credits for Historic Properties 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 SESSION. Agenda Posted: February 9, 2015 at 5:00pm

MINUTES OF HISTORIC DISTRICT COMMISSION MEETING of January 15, 2015 o The Historic District Commission Meeting Minutes of January 15, 2015 are still being prepared. These Meeting Minutes will be distributed to the Commission members via email prior to the meeting and provided as a hard copy at the February 19, 2015 meeting for review. o Adoption of the Meeting Minutes will be considered at the February 19, 2015 meeting of the Historic District Commission.

City of Dover ARCHITECTURAL REVIEW STAFF REPORT Before Dover Historic District Commission February 19, 2015 Application: Biggs Museum of American Art: Sculpture Installation 406 Federal Street, Dover, Delaware Location: Southwest corner of Federal Street and North Street Tax Parcel: ED-05-077.09-05-17.00-000 Owner: State of Delaware Tenant: Biggs Museum of American Art Present Zoning: IO – Institutional and Office Zone H - Historic District Zone SWPOZ – Source Water Protection Overlay Zone* (*Exempt from Tier 3 provisions due to Downtown Redevelopment Target Area location. Zoning Ordinance, Article 3 §29.79) Present Use: Museum Proposed Use: Museum File Number: HI-15-05 Project Description: The Historic District Commission will act on an Architectural Review Certificate for an outdoor sculpture installation at the Biggs Museum of American Art. This application consists of the placement of a sculpture in the front yard area adjacent to the museum building entrance. The property consists of one parcel of land zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the southwest corner of Federal Street and North Street. The owner of record is the State of Delaware and the leasee is the Biggs Museum of American Art. The property address is 406 Federal Street. Tax Parcel: ED-05-077.09-05-17.00-000. Council District 2. SWPOZ (Source Water Protection Overlay Zone) A portion of the property is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3 Section 29.7 of the Zoning Ordinance. However, this project site is within the downtown redevelopment target area which is exempted from the SWPOZ requirements and restrictions as per Zoning Ordinance, Article 3 §29.79. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

HI-15-05 Biggs Museum: Sculpture Installation Architectural Review Staff Report for Historic District Commission February 19, 2015 Meeting Page 2 of 5 Property Information: The subject site is currently the location of the Biggs Museum of American Art. Previously, the building housed the Delaware State Visitor Center facilities on the first floor with the Biggs Museum on the upper floors. The original portion of the building dating to 1858 is a two story brick building constructed in the Italianate style. In the late twentieth century an addition, also of brick, was constructed to the north side of the building. This property is included within the boundaries of the Dover Green Historic District (K-394) which is listed in National Register of Historic Places. Within the National Register nomination, the original portion of the existing building (K-394.1) is noted as a contributing resource of the Historic District. It is also identified as K-363. Provided below is the description of the building from the building inventory listing found within the National Register nomination completed for the Dover Green Historic District (nomination completed 1973-76 and amended). K-394.1 Old County Building – 1858; brick, 2-story, 3-bay office building in Italianate style. Originally built next to the Old State House, facing the Green, this structure was moved to its current location facing Court Street in 1933. It retains its original exterior appearance with a façade of pressed brick laid in stretcher bond. Brick are laid with recessed bays, belt course, water table, and crenellation pattern at the cornice. Narrow paired window openings are segmentally arched in all but the center bay over the entry. Here, narrow windows have semicircular arches. The center double-bay door has a frame with elaborate carved brackets supporting a pediment with moldings that repeat the brick pattern in the cornice. There is a fanlight over the door. The roof is low pitch hip. Built as an office building for Kent County, the structure had been used as an agriculture laboratory, the welfare office and currently houses the commissioner of elections. (c) A series of historic maps were reviewed by Planning Staff for preliminary information on this area. The 1859 A.D. Byles Map of Kent County (Dover insert) and 1868 Beers Map published by Pomeroy & Beers shows the continuation of Court Street east from The Green and with North Street on the north (Federal Street did not exist at the time). The County Office Building and Jail are shown in this general area north of the Old State House. The County Office Building which originally faced The Green was moved a short distance to this present building location. The project site is located with the local Historic District Zone (H) and subject to the provisions of the Zoning Ordinance, Article 3 §21 and referenced sections. PROJECT PROPOSAL (Application submission of 1/15/2015 and plan drawing of 1/16/2015): The applicant has supplied information on the proposed project for the installation of the sculpture near the main building entrance to the museum. See attached plan drawings and renderings. The project components are described below: 1. Exterior Sculpture – The exterior sculpture is proposed to be placed on the south side of the main entrance to the building on the east façade. The sculpture is designed by Erica Loustau. The sculpture consists of a welded stainless steel tree seventeen (17) feet in 2

HI-15-05 Biggs Museum: Sculpture Installation Architectural Review Staff Report for Historic District Commission February 19, 2015 Meeting Page 3 of 5 height and mounted on a domed stamped concrete foundation to serve as a base for the tree. The cabling extends from the sculpture tree to a stainless steel cable line just outside of the glass surface of the glass curtain wall system at the building’s entry. A series of birds constructed of powder-coated aluminum will be attached to the suspended cabling. This exterior portion of the sculpture is identified as Phase 2. 2. Interior Sculpture – The sculpture continues on the building’s interior in the glass atrium entrance space with the continuation of the flying flock of birds. This portion of the sculpture is identified as Phase 1 and is currently being installed. This interior element of the sculpture is not subject to review by the Historic District Commission. 3. Site Improvements – For the installation of the sculpture, there are site improvements. The two existing brick planter boxes in the brick sidewalk/plaza area at the front of the museum (east façade) will be removed. The northern planter box area will be re- established as brick paving. The southern planter box area becomes the location of the sculpture with adjacent portions re-established as brick paving. Also the existing curb depression and accessibility ramp from the front entry drive will be removed and relocated to align with the front entry doors (currently it is off-set to the south). It will be constructed of concrete curbing and brick paving materials to match the existing surface treatments in the area. 4. Illumination – The sculpture (tree and birds) will be illuminated from ground-level fixtures. Review of DESIGN STANDARDS AND GUIDELINES The subject project site is located in the Dover Historic District Zone within the Capitol Square historic context. The Capitol Square historic context is described on pages 2-8 through 2-9. Location within the Dover Historic District Zone requires proposals for demolition, new construction, additions, and certain renovation or rehabilitation activities to existing buildings to receive an Architectural Review Certificate. The Secretary of the Interior’s Standards for the Rehabilitation of Historic Buildings offers two standards applicable to this application. The Standards are listed below as stated on page 1-7. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. As stated in the Design Standards and Guidelines for the City of Dover Historic District Zone, an Architectural Review Certificate will be granted “if it is found that the architectural style, 3

HI-15-05 Biggs Museum: Sculpture Installation Architectural Review Staff Report for Historic District Commission February 19, 2015 Meeting Page 4 of 5 general design, height, bulk and setbacks, arrangement location and materials affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district.” This proposal should be reviewed for conformity with the design criteria and development guidelines found in the Design Standards and Guidelines of Chapter 3: Maintenance, Repair, Preservation and Restoration of Existing Historic Buildings and Chapter 4: New Construction, Additions, Demolition and Relocation. Specifically the sections in the Design Guidelines for Landscaping and Site Amenities and Paving and Bordering (Chapter 3, pages 3-24 thru 3-27) apply to this project. The Guidelines on landscaping and site amenities discuss approaches for the “setting” of the building and relationships of the space between buildings. The paving guidelines recommend brick as an appropriate paving material. In Chapter 4, the Guidelines specify a series of considerations for new construction of buildings and additions to historic buildings: Siting, Scale, Elevation of the First Floor, Floor-to-Floor heights, Massing, Orientation, Proportions, Materials, and Form and other concepts. Exterior sculptures or other forms of public art are not specifically addressed in the Design Standards and Guidelines. STAFF COMMENTS AND RECOMMENDATIONS The following are Staff comments and recommendations for this application regarding project activities and Architectural Review Certification. 1. Staff recommends an approval of the Architectural Review Certificate for the Sculpture project. Staff finds that while this east elevation location is visible from Federal Street, the addition of the sculpture does not physically impact the historic 1858 portion of the building. The location of the sculpture affects the existing site paving areas near the museum building’s main entry. a. The cabling associated with the sculpture is attached to the late twentieth century addition to the original building. b. The proposed surface improvements to implement installation of the sculpture utilize the existing curbing and the brick materials and patterns in this area of the site. 2. These conditions are recommended by Staff to improve the project’s compliance with the recommended guidelines of the Design Standards and Guidelines. The following are recommended conditions: a. Clarify the surface treatment of the domed base foundation of the tree. b. Any revisions or changes in the identified materials or plan design may be subject to further review by the Historic District Commission. 3. In the event, that major changes and revisions to the project design and materials occur in the finalization of the project contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Historic District Commission. 4

HI-15-05 Biggs Museum: Sculpture Installation Architectural Review Staff Report for Historic District Commission February 19, 2015 Meeting Page 5 of 5 4. For this project, the any requirements of the building code and fire code must be complied with. Consult with the City’s Chief Building Inspector and Office of the Fire Marshal for these requirements. 5. The applicant shall be aware that Building Permit is required to proceed with any construction activities related to the installation of the sculpture on the property. The permit application must comply with the approvals granted through the Architectural Review Certification process. Historic District Commission Action Required The Historic District Commission shall consider the proposal and take action in regards to the Architectural Review Certification for the project. The action should reflect consideration of the Design Standards and Guidelines. 5

City of Dover STAFF REPORT to the Dover Historic District Commission February 19, 2015 Location: 312 West Loockerman Street (South side of West Loockerman Street between South New Street and South Queen Street) Tax Parcels: ED-05-077.09-01-70.00-000 Owner: Renee & Deborah Bolds Present Zoning: C-2 (Central Commercial Zone) H (Historic District Zone) Present Use: Vacant Commercial Building File Number: HI-15-06 Description: In accordance with the provisions of the Zoning Ordinance, Article 10, Section 3.4 Demolition by Neglect, Staff is bringing the subject building forward to the Historic District Commission for consideration as “Demolition by Neglect.” The building at 312 West Loockerman Street is located on one parcel of land zoned C-2 (Central Commercial Zone) and subject to the H (Historic District Zone). The property is located on the south side of West Loockerman Street between South New Street and South Queen Street. Adjacent on the east side is a new commercial building with Family Dollar as the tenant (Constructed under applications HI-13-02 and S-13-12). To the west is an existing parking lot on the property at 326 West Loockerman Street associated with a previous commercial building was demolished (under application HI-11-01). Property Information: This building is located within a National Register Historic District, specifically the Victorian Dover Historic District. Provided below is the building summary from the building inventory listing found within the National Register nomination completed for the Victorian Dover Historic District (nomination completed 1977-78). th K-396.56 312 West Loockerman Street – 20 century, 1-story, masonry, commercial building, flat roof, parapet. The property is located within H (Historic District zone) as established by the City of Dover. A series of historic maps was reviewed by Planning Staff for preliminary information on this block of Loockerman Street. The 1868 Beers Map published by Pomeroy & Beers shows only the established street grid of Loockerman Street and Queen Street to North Street surrounding P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Referral of Property at 312 West Loockerman Street For Determination of Demolition by Neglect February 19, 2015 Page | 2 this block; no buildings or ownership are noted on the map. By 1885, the 1885 Bird’s Eye View of Dover shows this block on the south side of Loockerman Street between Queen Street and New Street developed with multiple buildings (both commercial and residential) and an alley running east-west. The 1887 Map of the Town of Dover by W.R. Roe depicts the subject site with a dwelling. The series of Sanborn Fire Insurance Maps is also a reference source for information on the series of buildings which occupied this property over time. During the period of 1885 - 1919 the location at 312 West Loockerman shows a two-story residential dwelling with detached sheds at the rear of the property near the alley. By 1929 the building is shown as being utilized as a store. By 1970 the late nineteenth century building has been demolished and a one story store (commercial) building is in its place. Additional research using other primary and secondary source documents would provide more information on the history of the property and buildings. Photo documentation from the 1960-1970s shows this building as a commercial building (see photo at right). It is a masonry (concrete block) building and a brick front façade with large storefront display windows and two entry doors. It appears that the exterior front façade of the building has been renovated since its initial construction. The building was utilized most recently as a tavern named “My Place”. However, the building is now vacant and is registered as part of the City’s Vacant Building program. Code Enforcement History: The property was the subject of Building Permit applications in 2001 for a new sign and in 2010 for an administrative review to re-open the business (Building Permits #01-843 and #10-1963). The process was not completed to achieve a Certificate of Occupancy to re-open. As early as 2009, the Code Enforcement Division opened a code enforcement case on the property located at 312 West Loockerman Street due to the condition of the property which included the condition issues with windows and doors, overgrowth, and junk and debris on the property. During this time the building was also registered as a Vacant Building. Additional cases were established in 2014 related to the property/building including the condition of exterior surfaces, abandoned signage, no utilities, etc.

Referral of Property at 312 West Loockerman Street For Determination of Demolition by Neglect February 19, 2015 Page | 3 On December 16, 2014, the Code Enforcement Division sent notice that if the violations were not corrected by January 6, 2015 the City would begin to address the violations through the provisions of Chapter 22 – Buildings and Building Regulations, Article XI – Dangerous Buildings. On January 9, 2015, the City sent notice to the property owner that the due to lack of action to resolve the violations the property would be presented to City Council for a dangerous building declaration and City staff started the process of moving this building forward as a dangerous building. An initial step is to report to the Historic District Commission for consideration as “Demolition by Neglect.” Demolition by Neglect: The Zoning Ordinance defines “Demolition by Neglect” as: Improper maintenance or lack of maintenance of a building, structure or object which results in substantial and widespread deterioration of the building, structure or object which threatens the likelihood of preservation and which presents a threat to the public safety, health and welfare of the immediate community. The following is the Code citation from the Zoning Ordinance, Article 10 § 3.4 Demolition by neglect. 3.4 Demolition by neglect. 3.41 Responsibility of property owners. Property owners of properties within the historic districts shall not allow their buildings to be demolished by neglect (see Definitions, article 12) by failing to provide ordinary maintenance or repair. 3.42 Responsibility of the historic district commission. The historic district commission shall monitor the condition of historic properties and existing buildings in the historic district to determine if they are being demolished by neglect by failing to provide ordinary maintenance and repair (see Definitions, article 12). In the event that the commission determines a demolition by neglect is occurring, it shall carry out the following: (A) Determine and set forth steps required to remedy the situations or defects. (B) Direct the city planner to inform the property owners of its findings, determination, and recommended remedies. (C) In the event that the property owners fail to commence work within the reasonable time allotted by the commission, the commission may direct the building inspector to begin proceedings under chapter 22, buildings, and building regulations, article XI, dangerous buildings, of the Code of Ordinances for the City of Dover to bring about the repair or demolition of the building. 3.43 Responsibility of the city planner. The city planner shall notify the historic district commission of buildings within the historic district that have been referred to him by the building inspector that meet the definition of dangerous buildings under the provisions of chapter 22 Buildings and Building Regulations, article XI Dangerous Buildings, of the Code of Ordinances for the City of Dover. In such cases the commission shall determine if the building is being demolished by neglect. Before referring a property to the commission for consideration as demolition by neglect, the city planner shall give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the records of the recorder of deeds of the county, to appear before historic district commission at the time, date and location specified.

Referral of Property at 312 West Loockerman Street For Determination of Demolition by Neglect February 19, 2015 Page | 4 Review of DESIGN STANDARDS AND GUIDELINES The Design Standards and Guidelines for the City of Dover Historic District Zone address the issue of demolition within the Historic District. See Chapter 4 (pages 4-10 to 4-12). It specifically references “Demolition by Neglect” on page 4-11. Demolition The Design Standards and Guidelines gives guidance to the Historic District Commission by listing specific criteria to be evaluated when considering applications for the demolition of buildings in the historic district. (Chapter 4: pages 4-10 to 4-12) These guidelines are summarized below (see Design Standards and Guidelines for the complete text). Staff would note that this is not an application, rather consideration of Demolition by Neglect; however, the criteria should still be considered in reviewing the matter. 1. Determine the financial implications of maintaining a property versus demolition. 2. Regardless of economic issues the relative significance of the individual buildings slated for demolition should be evaluated. 3. In development related applications the City should review the schematic plans for the new structures to weigh the virtues of the new structure versus what exists. 4. Determine the extent of adequate recordation of a property the applicant would be required to complete if demolition were approved. 5. Lots left vacant by demolition should be treated in a manner that is sympathetic to the historic context. STAFF COMMENTS AND RECOMMENDATIONS The building has continued to deteriorate over recent years with limited action to address identified City Code Enforcement violations. The condition of the building a safety concern to the surrounding area. Staff recommends that the Historic District Commission determine that the property is being “Demolished by Neglect” and identify the appropriate action steps. 1) The Historic District Commission may determine the property should proceed with the review process for declaration as a “Dangerous Building” and include any findings of the Historic District Commission regarding Architectural Review Certification for demolition of the building or steps for rehabilitation of the building. 2) If demolition of the building is anticipated and/or required, Staff recommends the following conditions pertaining to the building demolition. These conditions are presented in an effort to improve the project’s compliance with the recommended guidelines for consideration of demolition in the Design Standards and Guidelines and other code provisions: a) A specific timeframe for demolition activities and site stabilization activities should be established. b) The building footprint will need to be appropriately stabilized, brought to grade, and planted with grass. Other elements of landscaping, fencing, etc. could be required as part of the site stabilization.

Referral of Property at 312 West Loockerman Street For Determination of Demolition by Neglect February 19, 2015 Page | 5 c) All utilities must be properly capped and/or abandoned in accordance with City of Dover requirements. d) The street frontage sidewalk area should be restored as a concrete surface in accordance with City of Dover requirements after removal of the basement access way to the building. e) Provide information on any environmental provisions related to demolition activities such as copies of any agency approvals/permits for regulated activities. 3) The Historic District Commission should evaluate if additional documentation/recordation of the existing building is deemed appropriate for this property. 4) The applicant shall be aware that a Demolition Permit is required to proceed with any demolition activities on the property. The Demolition Permit application must comply with the conditions of approval granted through the Architectural Review Certification process. A certificate of asbestos survey and abatement must be submitted with the Demolition Permit application. 5) The applicant shall be aware that Building Permits are required to proceed with any construction activities on the property including any efforts to rehabilitate the existing building. The permit applications must comply with the approvals granted through an Architectural Review Certification process if exterior changes to the building are proposed. 6) The applicant shall be aware that redevelopment of the property is subject to a separate review process for site development activities which may include review by the Planning Commission, Historic District Commission, Architectural Review Certification, construction activity permits, etc. Historic District Commission Action Required The Historic District Commission shall determine if the building is being “Demolished by Neglect” and set forth steps to remedy the situation. Such steps may include demolition of the structure. Attachments: Series of Building Photographs from 2014 Letter of Referral to HDC dated February 3, 2015

City of Dover February 3, 2015 DRAFT Renee & Deborah Bolds 706 Ponderosa Drive Magnolia, DE 19962 Kent County Taxes Delaware Division of Revenue 555 Bay Road 820 N French Street Dover DE 19901 Wilmington DE 19801 RE: Referral of Property at 312 West Loockerman Street, Dover Delaware to Historic District Commission For Determination of Demolition by Neglect To Whom It May Concern: The City of Dover has multiple open code violation cases on the property located at 312 West Loockerman Street with regard to the condition of the building (exterior surfaces, abandoned sign, no utilities, etc.). While this case has been open, the exterior of the building has continued to deteriorate, causing concerns about the building’s and adjacent property’s safety. The City gave the owner until December 30, 2014 to make the necessary repairs to the building. To date, no building permit has been issued and none of the repairs have been made to our knowledge. As this building is in the Historic (H) District, alterations to the exterior (including demolition or rehabilitation) are subject to the requirements of the City’s Historic District (H) zoning district. The Zoning Ordinance, Article 10, Section 3 – Historic District Commission and Architectural Review, also addresses instances of “demolition by neglect,” which staff believes is occurring on this building. Staff will bring the condition of this building to the attention of the Historic District Commission at their meeting on February 19, 2015, at 3:00 p.m. in the City Hall Conference Room at 15 Loockerman Plaza for determination of “Demolition by Neglect.” In accordance with the provisions of the Zoning Ordinance, the Historic District Commission will determine if the subject building is being demolished by neglect and will determine the steps necessary to remedy the situation. Due to the condition of the building, Code Enforcement Staff has also identified the need to present the building to City Council for declaration as a “dangerous building” and potential demolition by the City. The property has been cited under the P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Notice of Referral to Historic District Commission Determination of Demolition by Neglect 312 West Loockerman Street, Dover DE Page 2 of 2 provisions of Article XI, Dangerous Buildings, Section 22-381 of the Dover Code of Ordinances and the property owner notified under separate correspondence. You are encouraged to attend the Historic District Commission meeting of February 19, 2015 to discuss the status of this property. If you have any questions, please contact me at your earliest convenience. I can be reached by phone at (302) 736-7196 or by e-mail at atownshend@dover.de.us. Sincerely, Ann Marie Townshend, AICP Director, Planning & Inspections cc: Tim Taraila, Code Enforcement Supervisor Dawn Melson-Williams, AICP, Principal Planner Case File #14-3151 and 14-3763 File HI-15-06