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CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, May 25, 2021 at 6:00 PM
Virtual via WebEx
AGENDA
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to
be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/7p1pof
Event number: 173 808 1771
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
ACTIONABLE ITEMS
1. Review of Water Utility/Wastewater Utility Fees for the Fiscal Year 2021-22 Budget
(Staff recommendation: Direct Staff to include rate increases in FY 2021-22 Proposed
Budget)
ADJOURNMENT OF THE UTILITY COMMITTEE
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COUNCIL COMMITTEE OF THE WHOLE MEETING - May 25, 2021 PAGE 2
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA
ACTIONABLE ITEMS
2. Evaluation of Bids – Fiscal Year 2021 Street and Alley Program
(Staff recommendation: Award the contract to Grassbuster’s Landscaping, for the City of
Dover FY 2021 Street and Alley Program, Bid #21-0034PW, for the amount of
$713,294.00)
3. Evaluation of Bids – North Bradford Street Tree Removal
(Staff recommendation: Award the contract to Asplundh Tree Expert, LLC, for the City of
Dover North Bradford Street Tree Removal, Bid #21-0035PW, for the amount of
$122,015.80)
4. Review of General Fund Fees for the Fiscal Year 2021-22 Budget
(Staff recommendation: Direct Staff to include rate increases in FY 2021-22 Proposed
Budget)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL ITEMS)
ACTIONABLE ITEMS
5. Request for Waiver – Appendix A - Subdivisions, Article VI - Subdivision - General
Requirements and Design Standards, Section E - Lots (Lands of Fountainview, LLC at 100
Ridgely Street) - Waiver to Reduce Required Lot Frontage Width on a Public Street
associated with Minor Subdivision Plan to subdivide property consisting of 7.3386 acres
into two parcels (Lot 1 and Lot 2)
(Property Owner: Fountainview, LLC. Property Address: 100 Ridgely Street. Tax Parcel: ED-
05-076.08-01-01.01-000. Planning Reference: SB-21-02)
(Planning Commission recommendation: Approval of the Minor Subdivision Plan and
approval of Waiver Request to reduce required lot frontage on a Public Street subject to
conditions)
6. Review of Bike Friendly Community Status
INFORMATIONAL ITEMS
7. Update on a Mobile Command Centre and Substation
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COUNCIL COMMITTEE OF THE WHOLE MEETING - May 25, 2021 PAGE 3
ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
COMMITTEE ACTION FORM
PROCEEDING: Council Committee of the Whole – Utility Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: May 20, 2021
PREPARED BY: Matt Harline, Assistant City Manager
SUBJECT: Review of Water Utility / Wastewater Utility Fees for the FY2021-22 Budget
RELATED PROJECT: FY2021-22 Budget
REVIEWED BY: Randy Robertson, City Manager
EXHIBITS: Exhibit A – Excerpts from October 29, 2019 Presentation
EXPENDITURE REQUIRED: N/A Discussion about water rates
AMOUNT BUDGETED: Estimated revenue increase of $122,100 in water; $242,000 in wastewater budget to
budget increase.
FUNDING SOURCE (Dept./Page in CIP & Budget): Water & Sewer Bills
TIMETABLE: Implementation on July 1, 2021 with FY202-22 Budget
RECOMMENDED ACTION: Direct Staff to include rate increases in FY 2021-22 Proposed Budget
BACKGROUND AND ANALYSIS
At the October 29, 2019 Council Committee of the Whole – Utility Committee Meeting, NewGen Strategies &
Solutions presented a detailed study of the water and wastewater (a.k.a sanitary sewer) utility rates. The study
developed a revenue target that would pay for needed improvements in the Water and Wastewater Utilities. To
reach that target, they suggested a series of small rate adjustments (mostly increases) over a four-year period.
The recommendation of the staff followed the consultants’ recommendations closely and the Committee and
City Council adopted the strategies recommended.
Water: At our current rate of replacement for aging cast iron pipes, it will take us 95 years at $1M and 1 mile of
pipe per year. With more funds available from low-cost financing, we can accelerate that pace, and as more
iron is removed from the system the discoloration problem should be reduced. Moreover, many of the pipes
being replaced are substandard size for proper fire flows and so slip-lining is not a viable option.
Wastewater: Addressing the inflow and infiltration problem is a key capital need in the WW utility. The
Capital Improvement Program (CIP) calls for a detailed study in the FY22 budget and a major capital
investment in the subsequent year(s). Pump station upgrades, and technology upgrades are other major
improvement areas.
Excerpts from the presentation from October 29, 2019 are included for discussion. The entire presentation
starts on page 7 of the following link:
https://evogov.s3.us-west-2.amazonaws.com/meetings/27/attachments/7126.pdf
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Exhibit A
Item 1.
October 29, 2019
City of Dover
Water / Wastewater Rate Study Results and Recommendations
Presentation to the City Council
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Exhibit A
Item 1.
Revenue Requirements – O&M Expenses
Water Operating Expenses Wastewater Operating Expenses
$9.00 $9.00
Millions Millions
1.2% 1.2%
1.7% 1.2%
4.0%
$8.00 $8.00 $7.55
$7.00 $7.00
$6.00 2.7% $6.00
2.6% 2.6%
5.6% Water Treatment Plant
5.4% Kent County Treatment Fees
$5.00 $4.53 $5.00
Water Fund Expenses Wastewater Fund Expenses
$4.00 $4.00
Water Department Wastewater Engineering
$3.00 Water Engineering $3.00
Wastewater Department
$2.00 $2.00
$1.00 $1.00
$0.00 $0.00
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Revenue Requirements – Existing Debt
$1.60
Millions
% Change: 5.6% (0.1%) (0.1%) 0.2%
$1.40 15.8%
$1.20 $1.13
Series 2018 Wastewater Revenue Bond
Series 2018 Water Revenue Bond
$1.00
Series 2013 Wastewater Revenue Bond
$0.80 Series 2013 Water Revenue Bond
Series 2011 Wastewater Revenue Bond
$0.60 Series 2010 Water Revenue Bond
Series 2009 Wastewater Revenue Bond
$0.40
Series 2000 Wastewater Revenue Bond
$0.20
$0.00
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Revenue Requirements – Capital Improvements
Water System Projects: Wastewater System Projects:
• Vehicles & Equipment • Vehicles & Equipment
• Meter Reading - Radio Read Meters • Sanitary Sewer Video Kit
• Bradford Street Water Main Improvement • Tar Ditch Interceptor Upgrade
• William Street Water Main Improvement • Rolling Acres Pump Station Replacement
• N. State Street Water Main Replacement • Turnberry Pump Station
• Denney's Road Water Tower • Westover Pump Station & Force Main Upgrade
• Bulk Water Station - William Street • Lepore Road Sanitary Sewer upgrade
• Future Well Installation • Sliver Lake Pump Station Replacement
• Wellhead Redevelopment • Various Pump Station Replacements
• Water Quality Improvements • Lincoln Street Gravity Sewer Repair
• Repairing Line Breaks • SCADA Equipment & Technology Upgrade
• Treatment Plant Improvements • Inflow/Infiltration Removal/System Improvements
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Financial Plan – Percentage of Annual Revenue Increase
Water System Wastewater System
$12.00 $12.00 1.0%
Millions
6.0%
Millions
7.0%
7.0%
$10.00 $10.00
Cash Funded Capital Cash Funded Capital
6.0% 2.0% Projects Projects
$8.00 7.0%
7.0% New Debt Service $8.00 New Debt Service
Existing Debt Service Existing Debt Service
$6.00 $6.00
Operating Expenses Operating Expenses
$4.00 $4.00
Revenue at Current Rates Revenue at Current Rates
$2.00 Revenue at Proposed $2.00 Revenue at Proposed Rates
Rates
$0.00 $0.00
FY FY FY FY FY FY FY FY FY FY FY FY
2019 2020 2021 2022 2023 2024 2019 2020 2021 2022 2023 2024
Note: Includes one time increase of $2.50 in water and wastewater flat fees in FY 2021 as well as Kent County pass-through rate increases.
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Recommended Rates - Water
Water Rates FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Water Flat Rate Increase 0.0% 100.0% 0.0% 0.0% 0.0%
Water Unit Rates Increase 0.0% 7.0% 7.0% 6.0% 2.0%
Monthly Flat Rate per Account $2.50 $5.00 $5.00 $5.00 $5.00
Inside City Customers
Tier 1: 0 - 6,000 gallons $3.00 $2.49 $2.66 $2.82 $2.88
Tier 2: 6,001 to 100,000 gallons $3.00 $3.11 $3.33 $3.53 $3.60
Tier 3: Over 100,000 gallons $3.00 $3.74 $4.00 $4.24 $4.32
Outside City Customers
Tier 1: 0 - 6,000 gallons $4.50 $3.74 $4.00 $4.24 $4.32
Tier 2: 6,001 to 100,000 gallons $4.50 $4.67 $5.00 $5.30 $5.40
Tier 3: Over 100,000 gallons $4.50 $5.60 $5.99 $6.35 $6.48
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Recommended Rates - Wastewater
Sewer Rates FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Sewer Flat Rate Increase 0.0% 100.0% 0.0% 0.0% 0.0%
Sewer Unit Rate Increase 0.0% 7.0% 7.0% 6.0% 1.0%
Sewer Groundwater Rate Increase 0.0% 7.0% 7.0% 6.0% 1.0%
KCSA Rate Increase 10.3% 0.5% 0.5% 0.5% 0.5%
Monthly Flat Rate per Account $2.50 $5.00 $5.00 $5.00 $5.00
Inside Sewer Rate per 1,000 gallons $2.65 $2.84 $3.03 $3.22 $3.25
Outside Sewer Rate per 1,000 gallons $3.98 $4.25 $4.55 $4.82 $4.87
Groundwater Rate per 1,000 gallons $1.50 $1.61 $1.72 $1.82 $1.84
KCSA Rate per 1,000 gallons $2.58 $2.59 $2.61 $2.62 $2.63
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Sample Bill Comparison – 3,000 gallons/mo. (Dover Median)
Average, $51
City of Seaford $32 $44
City of Milford $30 $30
City of Salisbury $15 $38
Town of Georgetown $23 $28
City of Newark $21 $24
Dover Recommended FY 2021 $12 $26
Dover Current FY 2020 $12 $23 Water Sewer
$- $10 $20 $30 $40 $50 $60 $70 $80
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Customer Impacts – Commercial (21k gal/yr.)
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Customer Impacts – Residential w/ Irrigation (35k gal/yr.)
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Customer Impacts – Residential (38k gal/yr.)
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Exhibit A
Item 1.
Customer Impacts – Hotel (41,181k gal/yr.)
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NEWGEN STRATEGIES AND SOLUTIONS, LLC
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Item 2.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: May 14, 2021
PREPARED BY: Sharon J. Duca, P.E., Public Works Director
REVIEWED BY: Matt Harline, Assistant City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Evaluation of Bids – FY 2021 Street and Alley Program
TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval. Project
anticipated to be completed within one hundred and twenty (120) calendar days from
issuance of Notice to Proceed, weather permitting.
RELATED PROJECT: X
REFERENCE: CIP- General Fund Projects
EXPENDITURE REQUIRED: $713,294.00
AMOUNT BUDGETED: $936,000.00
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Streets Division –
CIP page 102, ST2101 Street, Concrete and
Alley Program, Account No.: 101-12-18-35-
000-54031.
STAFF RECOMMENDATION:
Award the contract to Grassbuster’s Landscaping, for the City of Dover FY 2021 Street and Alley
Program, Bid #21-0034PW, for the amount of $713,294.00.
BACKGROUND AND ANALYSIS:
The Fiscal Year 2021 Capital Improvement Plan includes funding for the FY 2021 Street, Concrete and
Alley Program which is proposed to rehabilitate various pavement and concrete sections throughout the
City of Dover. The total length of scheduled street repaving is approximately 1.30 miles. Included in this
program are Clara Street (from Pear Street to North Queen Street), 139 Davis Circle (driveway apron and
sidewalk repair), East Water Street (from River Road to New Castle Avenue), Lakeview Drive (road
patch), Madison Avenue (from Pennsylvania Avenue to end), Mishoe Street (from College Road to
Raymond Street), Park Drive (from East Loockerman Street to East Division Street), Raymond Street
(from Mishoe Street to end), South American Avenue (from East Division Street to Kings Highway),
Stevenson Drive (entrance and circle) and Winged Foot Court (from Carnoustie Road to cul-de-sac).
The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing
policy by the City’s Purchasing Agent under ITB #21-0034PW. Bids were opened on April 29, 2020. The
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Item 2.
City of Dover received seven (7) unit price bids for the proposed work to be performed. Based on the
proposed quantities, the estimated contract values are as follows:
BID PRICE EVALUATED
CONTRACTOR LOCATION
PRICE
A-DEL CONSTRUCTION NEWARK, DE $905,357.40 $905,357.40
DIAMOND MATERIALS NEWPORT, DE $739,505.25 $739,505.25
ECM CORPORATION FORT WASHINGTON, MD $927,892.00 $927,892.00
GEORGE & LYNCH DOVER, DE $1,042,592.71 $1,011,314.93
GRASSBUSTER’S LANDSCAPING NEWARK, DE $713,294.00 $713,294.00
REYBOLD CONSTRUCTION BEAR, DE $934,206.65 $934,206.65
SAM’S CONSTRUCTION WILMINGTON, DE $827,358.20 $827,358.20
*George & Lynch was awarded a three percent (3%) reduction due to local vendor preference.
City staff reviewed the submissions and found that Grassbuster’s Landscaping’s bid met all requirements
for the qualifications of the project. Staff recommends awarding the contract to Grassbuster’s
Landscaping in the amount of $713,294.00 for the FY 2021 Street and Alley Program.
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Item 2.
N QU
EEN
ST
EET
A STR
CLAR
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
L R STR T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/20/19 19
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-01
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Item 2.
DAVIS CIRCLE
PAUL STREET
13 9
LEGEND
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
13 S R L
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 3/25/21 20
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-02
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Item 2.
RO EAST WA
TER STRE
AD ET
ER
RIV
NUE
E AVE
NEW
CAST
L
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
ST T R STR T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/20/19 21
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-03
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Item 2.
LEGEND
ROAD REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
L R - T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 3/25/21 22
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-04
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Item 2.
ENUE
N AV
MADISO
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
S N N
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/05/2020 23
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-05
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Item 2.
M
ISH
OE
ST
RE
ET
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
S STR T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/05/2020 24
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-06
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Item 2.
STREET
DI V ISION
EAST
PAR
K DR
IVE
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
R R
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 9/20/19 25
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-07
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Item 2.
ET
RE
ST
N D
O
AYM
R
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
R N STR T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/05/2020 26
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-08
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Item 2.
M
TH A
SOU
ERIC
AN A
E
VENU
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
S T R N N
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 6/20/19 27
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-09
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Item 2.
STE
VEN
SON
DR
IVE
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
ST NS N R
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 3/25/21 28
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-10
Página 29
Item 2.
WI
NG
ED
FO
OT
CO
UR
T
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2021 STR T N LL R R
N T RT
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 3/30/2021 29
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2021-11
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Item 3.
NOR
TH B
RADF
S
ORD
TREE
T
LEGEND
ROAD REPAIR
CONCRETE REPAIR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO BE
FIELD VERIFIED.
-2020 STR T N LL R R
N RT R R STR T
DEPARTMENT OF PUBLIC WORKS
DRAWN: RLL DATE: 7/03/19 30
CKD: --- SCALE: NTS
APRVD: --- DWG. NO: ST2020-01
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Item 3.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Leg & Fin)
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: May 14, 2021
PREPARED BY: Sharon J. Duca, P.E., Public Works Director
REVIEWED BY: Matt Harline, Assistant City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Evaluation of Bids – North Bradford Street Tree Removal
TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval. Project
anticipated to be completed within sixty (60) calendar days from Notice to Proceed
issuance, weather permitting.
RELATED PROJECT: FY 2020 Street and Alley Program
REFERENCE: CIP – General Fund Projects
EXPENDITURE REQUIRED: $122,015.80
AMOUNT BUDGETED: $0.00
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works – CIP Project
ST2001 Street, Concrete and Alley Program,
Account No.: 101-12-18-35-000-54031.
Shortfall to be supplemented by savings in the
Department of Public Works – CIP Project
ST2007 Operations Yard Relocation and
Improvements, Account No.: 101-12-18-35-
000-54030.
STAFF RECOMMENDATION:
Award the contract to Asplundh Tree Expert, LLC, for the City of Dover North Bradford Street Tree
Removal, Bid #21-0035PW, for the amount of $122,015.80.
BACKGROUND AND ANALYSIS:
On February 10, 2020, City of Dover City Council awarded the FY 2020 Street and Alley Repaving
Program to George & Lynch, Inc. This work consists of replacing cracked and damaged curbs, sidewalks
and drainage inlets as well as milling off the exiting asphalt surface and replacing it with new asphalt.
The final phase of this program consists of over half a mile of North Bradford Street from Walker Road
to just south of Mary Street, adjacent to Wesley College.
As part of the Street and Alley Repaving Program, trees are identified that must be removed to facilitate
the street rehabilitation. Tree removal is necessary when manipulation of the root structure during the
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Item 3.
concrete and asphalt rehabilitation process will damage the tree. In the past, only a few trees have been
identified for removal for street rehabilitation projects and can be removed in-house by the Grounds
Division of the Parks & Recreation Department. On North Bradford Street, however, seventy-five (75)
trees have been identified as requiring removal based upon a field review by a third-party certified arborist.
This number exceeds the number of trees that can effectively be addressed in-house. The costs to remove
these trees were not originally budgeted for and has resulted in a delay of the project.
Various options were evaluated to determine how best to address the tree issues identified. These options
included leaving the trees in place, working around the trees, altering the construction sequence of the
project and following the typical sequence of construction for the project. It has been determined that the
typical sequence of construction is the best way to proceed although it may not be aesthetically pleasing.
This option will ensure that tripping hazards are removed, the project area will become ADA compliant,
that on street parking will remain available, that resident’s properties will remain private and that the City
does not create public safety and liability issues associated with making the trees structurally unstable.
City staff will be engaging with the public, especially residents of North Bradford, to alleviate any
concerns and to reiterate the importance of making safety the priority.
The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing
policy by the City’s Purchasing Agent under ITB #21-0035PW. Bids were opened on May 13, 2020. The
City of Dover received two (2) lump sum bids for the proposed work to be performed. The contract values
are as follows:
BID PRICE EVALUATED
CONTRACTOR LOCATION
PRICE
ASPLUNDH TREE EXPERT, LLC DOVER, DE $122,015.80 $118,355.33*
GRASSBUSTERS LANDSCAPING, INC. NEWARK, DE $193,294.00 $193,294.00
*Asplundh Tree Expert, LLC was awarded a three percent (3%) reduction due to local vendor preference.
City staff reviewed the submissions and found that Asplundh Tree Expert, LLC’s bid met the requirements
for the qualifications of the project. Staff recommends awarding the contract to Asplundh Tree Expert,
LLC in the amount of $122,015.80 for the North Bradford Street Tree Removal project.
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Item 4.
COMMITTEE ACTION FORM
PROCEEDING: Council Committee of the Whole – Legislative, Finance and Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: May 20, 2021
PREPARED BY: Matt Harline, Assistant City Manager
SUBJECT: Review of General Fund Fees for the FY2021-22 Budget
RELATED PROJECT: FY2021-22 Budget
REVIEWED BY: Randy Robertson, City Manager
EXHIBITS: Exhibit A: Revenue Charts
EXPENDITURE REQUIRED: Proposed revenue increases
AMOUNT BUDGETED: Projected increased revenue of approximately $318,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Sanitation fees and police fines
TIMETABLE: Implementation on July 1, 2021 with FY202-22 Budget
STAFF RECOMMENDATION: Direct Staff to include rate increases in FY 2021-22 Proposed Budget
BACKGROUND AND ANALYSIS
A full review of fees and fines is ongoing, but these are two of the largest revenue enhancement options.
Sanitation Fees: The Sanitation Department has always been a part of the General Fund and is currently operating
at a deficit. The proposed rates increases are part of a strategy to operate the Sanitation Department more along
the lines of an enterprise fund where user fees pay the entire cost of operations and possibly generate a prudent
reserve. Without changes to the rates we estimate a “loss”/General Fund subsidy of $453,000 for FY22. The
proposed increases in FY22 and FY23 would reduce the operating loss to approximately $164,000 in FY22 and
eliminate it in FY23.
Although staff had not anticipated raising sanitation rates at the Council Workshop on May 1, 2021, the need to
generate revenue in a way that was equitable and logical required us to look at accelerating the plan to bring the
refuse rates in line with a full-cost revenue generation model. When compared to trash collection rates, we believe
that the proposed increases keep our rates competitive, and the proposal eliminates a higher rate currently charged
to manufactured homes.
Police Fines: In an attempt to find revenue sources that will burden the majority of citizens, we looked at fines
as a possible revenue enhancement. Fines can be avoided by following City ordinances. The City lags behind
Newark in the main revenue generating fine of parking beyond hours. While there will be a decrease in on-street
revenue in the Downtown area with the implementation of DDP’s parking plan, we believe the new traffic
enforcement software with online payment options will net an increase in revenues overall. We also recommend
streamlining the increased fee for late payment to double after 14 days and eliminating the 72-hour increase.
Staff proposes increasing the security alarm fines as well. Currently Dover false alarm fines break out as follows:
1-2 no fine issued; for 3-5 false alarms the fine is $25.00; 6-9 is $50.00; 10-15- is $100.00; 16 plus is $150.00.
Our recommendation is: the first two will still be free and the next two $50 and $150 after that. In discussing this
with the Police Department staff, a significant amount of time is spent in researching the number of incidents and
assessing the correct fine, in addition to lost time and manpower driving to and checking properties on false alarm
calls.
33
Página 34
Item 4.
EXHIBIT A
Proposed Sanitation Rates
CURRENT RATES & REVENUES FY 2022 PROPOSED RATES & REVENUES FY 2023 PROPOSED RATES & REVENUES
Rate Service # of Cont. Annual Rate Annual Rate Annual
$21.00 Std. Res. 10,267 $2,587,200.00 $23.00 $2,888,400.00 $25.00 $3,200,400.00
$24.00 RMH 280 80,400.00 $23.00 76,800.00 $25.00 $84,000.00
$43.00 90 gal 2x 183 94,800.00 $46.00 100,800.00 $50.00 $110,400.00
$63.00 90 gal 3x 6 4,800.00 $69.00 4,800.00 $75.00 $6,000.00
$72.00 300 gal 1x 358 309,600.00 $69.00 296,400.00 $75.00 $322,800.00
$85.00 90 gal 4x 3 3,600.00 $92.00 3,600.00 $100.00 $3,600.00
$143.00 300 gal 2x 20 34,800.00 $138.00 33,600.00 $150.00 $36,000.00
$271.00 - - $207.00 - $225.00 $0.00
11,117 $3,115,200.00 $3,404,400.00 $3,763,200.00
$12,000.00 $12,000.00 $12,000.00
$3,127,200.00 $3,416,400.00 $3,775,200.00
RESIDENTIAL
JURISDICTION UNITS RATE INCLUDED SERVICES
ANNUAL
REVENUE
approx. Yard waste Trash, Recycle, YW – or – $4,477,500
Kent County 15,000 $312.50/yr Trash, Recycle - Yes
No yard w. Bulk – 4 bulk items / week
$284.50/yr Brush – only in YW district
residential $26.00/mo Trash, Recycle, YW - Yes $1,371,864
Milford 4,178 until 7/1/21 Bulk/Brush – 2 requests
included per year then $50
commercial each
219
approx. $23.90 Trash, Recycle, YW - Yes $5,162,400
Middletown 18,000 Bulk – schedule pickup
1,460 $33.00/mo Trash, Recycle, YW - Yes $578,160
Laurel Bulk/Brush - No
Proposed Police Department Fines (account 35113)
Fine Avg.
Infractions Proposed
(FY 19 Current Proposed Enhanced Additional
and 20) fine Newark Base Fine Fine* Revenue
Certain Hours
1410 $15 $20 $20 $40 $9,880
Parking
Unregistered
603 $25 $20 $30 $60 $4,820
/Wrecked MV
False Alarm 3-5 4th $100
318 $25 5th $150 $50 $150 $10,150
6th $200
Yellow Curb 224 $25 $20 $20 $60 $1,800
Face Wrong
210 $25 $20 $30 $60 $1,680
Direction
Projected additional revenues $28,330
34
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Item 5.
City of Dover
CONSIDERATION OF SUBDIVISION WAIVER REQUEST
Review by Council Committee of the Whole: Safety Advisory & Transportation Committee
Recommendation from Planning Commission Meeting of May 17, 2021
with Staff and Development Advisory Committee Review
Plan Title: Lands of Fountainview, LLC at 100 Ridgely Street, SB-21-01
Plan Type: Minor Subdivision Plan
Applicant/Owner: Fountainview, LLC
Property Location: At terminus of Ridgely Street and north of Fulton Street
Property Address: 100 Ridgely Street
Tax Parcel: ED-05-076.08-01-01.01-000
Existing Parcel Area: 7.3386 acres +/-
Parcels to be Created: Lot 1: 3.5429 acres +/-
Lot 2: 3.7957 acres +/-
Zoning: IPM (Industrial Park Manufacturing Zone)
Subdivision Waiver Request: Reduction of Required Lot Frontage Width on a Public Street
Planning Commission
Recommendation: The Minor Subdivision Plan Application SB-21-02 was
represented by the property owner and their lawyer and the
project’s engineering firm. A Public Hearing was conducted on
May 17, 2021 where no members of the public spoke. The
Planning Commission moved by vote of 6-0 to recommend in
favor of the proposed Minor Subdivision Plan and including
approval of the Subdivision Waiver allowing for the reduction in
the required Lot Frontage Width on a Public Street for Lot 1. The
approval also references the DAC Comments and a requirement to
establish cross access easements among Lots 1 and 2 and other
parties served by the access drive/easement. (Draft Meeting
Minutes attached.)
This Subdivision Waiver Request is forwarded to the Council Committee of the Whole: Safety
Advisory and Transportation Committee and City Council who has the final authority to grant the
request. The following is the Development Advisory Committee Report prepared for SB-21-02
including the application review narrative and Department/Agency Review comments.
P. O. Box 475 Dover, DE 19903 35
Community Excellence Through Quality Service
Página 36
Item 5.
City of
Dover
CITY OF DOVER Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: May 5, 2021
APPLICATION: Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
FILE #: SB-21-02 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196
I. PLAN SUMMARY
This Application is the Review of a Minor Subdivision Plan to subdivide a property consisting of
7.3386 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 3.5429 acres+/- and
encompasses the east side of the property including an access easement area extending from the
northern stub of Ridgely Street. Lot 1 only has a street frontage of 40.12 feet on Ridgely Street.
Lot 2 is to be 3.7957 acres+/- and encompasses the western residual portion of the property with
frontage on Ridgely Street and on unimproved segment of Fulton Street. The subject property is
located at the terminus of Ridgely Street and north of Fulton Street. The property is zoned IPM
(Industrial Park Manufacturing Zone). The owner of record is Fountainview, LLC c/o Morgan
Shank. Property Address: 100 Ridgely Street. Tax Parcel Number: ED-05-076.08-01-01.01-000.
Council District 4.
Previous Applications
The property was the subject of several applications for site development included S-08-43
Warehouse Storage Buildings on Lands of Ridgely Street, LCC and S-00-19 Contractors Office
& Storage Building on Lands of Bandurski; both plans are expired.
II. PROJECT DESCRIPTION – Minor Subdivision
This Minor Subdivision Plan proposes to subdivide the property into two lots. See the following
Table for summary of the lots.
Site Proposed Acreage Area
Lot 1 3.5429 acres East side of property including access easement
area extending north from Ridgely Street
Lot 2 3.7957 acres West side of property including wooded areas
and wetlands
TOTAL 7.3386 acres
The existing configuration of the terminus of Ridgely Street and the existing access easement
that continues north divide this tract of land into two pieces. This Minor Subdivision will
formalize the division into two parcels allowing for future development on each side of the
access easement which includes also a number of existing utility lines.
36
Página 37
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 2
III. SUBDIVISION REGULATIONS REVIEW
The procedures for subdivision of land are found in the Land Subdivision Regulations. Planning
Staff confirms this application as a Minor Subdivision. Therefore, the Planning Commission may
find the application is subject to one public hearing and review for action by the Planning
Commission followed by the administrative process to complete the Final Plat for recordation.
In order to subdivide the property, the plan review must ensure that the subdivision does not
create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk
standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks,
floor area ratio, etc. See also discussion below under Zoning Review.
Subdivision Waiver Requested: Reduction of Required Lot Frontage Width on a Public Street
The IPM (Industrial Park Manufacturing Zone – Conventional Planned) requires a Lot Width of
200 feet. As proposed, the Minor Subdivision Plan would create a lot (Lot 1) with a limited Lot
Width and Frontage on a public street. In the Subdivision Waiver Request submitted by the
applicant, the applicant discusses the Lot Width/Frontage for Lot 1 at a width of 40.12 feet at the
northern terminus of Ridgely Street and the provisions for access to Lot 1 from the street
terminus via an existing easement. The proposed Lot 2 has frontage of over 122 feet on Ridgely
Street and frontage of approximately 340 feet along the unimproved Fulton Street.
The purpose of the requirement for frontage on a public street is to ensure access to lots created.
The bulk standards such a Lot Width are to ensure appropriate sizing of the property for
development activity. According to the Land Subdivision Regulations, Article VI. Subdivision
General Requirements and Design Standards, Section E. Lots:
1. Lot width, depth, shape and orientation, and the building setback lines shall be appropriate
for the location of the subdivision, for the type of development and for the use contemplated.
2. Lot sizes shall conform to the requirements of the zoning ordinance.
3. Depth and width of properties reserved or laid out for commercial and industrial purposes
shall be adequate to comply with the off-street parking and loading requirements contained in
the zoning ordinance.
5. All lots in a subdivision shall have frontage on a public street.
According to the Land Subdivision Regulations, Article VII. Special Provisions, Section A.
Variance and Waiver:
1. Upon the findings of the commission that, due to special conditions peculiar to a
subdivision or a site, certain requirements of these regulations are inappropriate, or that
strict compliance with said requirements may cause extraordinary and unnecessary
hardships, the commission may recommend to the city council, and the city council may
vary or waive said requirements, provided that such variance or waiver shall not be
detrimental to the public health, safety, or general welfare, or have the effect of nullifying
the intent and purpose of the official map, the zoning ordinance, the development plan or
these regulations. In varying or waiving certain requirements, the council may specify
such conditions as will, in its judgment, secure substantially the objectives of the
requirements so varied or waived.
37
Página 38
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 3
IV. ZONING REVIEW
IPM Zoning District
The property is zoned IPM (Industrial Park Manufacturing Zone) and subject to the regulations
of Zoning Ordinance, Article 3 Section 20 and Article 4 Section 4.16. The following table
highlights some of the lot design standards for the IPM (Industrial Park Manufacturing Zone).
Minimum Required IPM (Conventional Lot)
Lot area 2 ½ acres
Lot Width (ft.) 200 feet
Lot Depth (ft.) 300 feet
Front Yard Setback (ft.) 60 feet
Side Yard Setback (ft.) 40 feet
Rear Yard Setback (ft.) 40 feet
Side or rear yards which adjoin a residence zone (ft.) 100 feet
Off-Street Parking Spaces
Per 800 sq. ft. floor area or 1
Per employee per largest working shift (if greater than the 1
requirement under the floor area calculation)
Maximum Permitted:
Building Height: Stories Not limit
Feet Equal to distance to nearest lot line
Floor Area Ratio 0.5
Lot Coverage 75%
This subdivision of land and any future development or use of the parcels are subject to the
requirements found in the City of Dover Zoning Ordinance, Article 3 §20 and referenced
sections outlined in the permitted uses for the IPM Zone.
V. SITE CONSIDERATIONS
Site Access
The access to the subject property (and the proposed Lots 1 and 2) will be from Ridgely Street.
There is also an opportunity for construction of the unimproved segment of Fulton Street. The
details of such access will be part of a future site development plan review process.
Sidewalk
Zoning Ordinance, Article 5 §18 requires the installation of sidewalks/pathways along the public
street frontage of a property whenever such property is involved in certain plan type
submissions. For the lands involved in this Minor Subdivision Plan, the requirement for
sidewalks will be considered during a future site development plan process.
VI. TREE AND LANDSCAPE PLANTING
When the site development of the individual parcels (Lots 1 and 2) occurs, the development will
38
Página 39
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 4
be required to meet the provisions for Landscape Guidelines and Tree Planting and Preservation.
These tree preservation, tree planting and landscaping requirements are subject principally to the
regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in
other various sections of code related to buffering, screening, and open space. This is not
required for this Minor Subdivision Plan review.
VII. CITY AND STATE CODE REQUIREMENTS
The subject proposal has been reviewed for code compliance, plan conformity, and completeness
in accordance with this agency’s authority and area of expertise. The following items have been
identified as elements which need to be addressed by the applicant:
1) Sheet 1, in the Data Column:
a. Under Bulk Standards, noted that it is the IPM – Conventional Lot.
b. Add action taken on Subdivision Waiver including dates.
2) Sheet 2 - Minor Subdivision Plan:
a. Provide deed reference for existing access/utility easement area.
b. Clarify labels for distances along segments on the south property line for Lot 1.
c. Remove labels for “existing edge of pavement” as this is not shown on this plan
sheet.
3) Sheet 3 - Existing Conditions Plan:
a. Add tie line from wetland buffer label to line depicting the location.
b. Clarify if the stormwater drainage pipe shown crossing the Lot 2 area has an
easement. If not, then it may need to be established.
c. Clarify if sanitary sewer pipe shown crossing Lot 1 area has no easement. If not, then
it may need to be established.
4) The Record Plan Sheet must document and identify any existing and proposed easements for
cross access, utilities, drainage, etc. associated with the subdivision of these lot. However,
any associated recorded documents may need to be updated to clarify rights are for both Lot
1 and Lot 2.
5) Provide any information on any agreements established regarding responsibilities for existing
access drive aisle and utilities. Add notes to the Record Plan sheet as necessary for reference.
6) Of the two lots proposed, Lot 1 does not have the full lot width (frontage) required on a
public street. According to the Land Subdivision Regulations, Article VI. Subdivision
General Requirements and Design Standards, Section E. Lots, all lots are required to have
frontage on a public street and have to comply with a specific lot width which is 200 feet for
this IPM zoned property. A Waiver Request was submitted to allow creation of the Lot 1
recognizing the available lot width/frontage of 40.12 feet at the terminus of Ridgely Street.
The Planning Commission shall make a recommendation to City Council. This
recommendation will be forwarded to the Safety Advisory and Transportation Committee,
who will in turn make a recommendation to City Council.
a. In order to grant a waiver of the requirement that all lots have frontage on a public
street of a specific width, the Planning Commission and City Council shall determine
39
Página 40
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 5
that compliance with the requirements of the ordinance would cause extraordinary
and unnecessary hardship and that “such variance or waiver shall not be detrimental
to the public health, safety, or general welfare, or have the effect of nullifying the
intent and purpose of the official map, the zoning ordinance, the development plan or
these regulations.”
b. All necessary easements to provide access to and between the Lots, including any
known access required for utility installation and drainage needs, shall be secured and
incorporated into the Record Plan prior to approval of the Minor Subdivision for
recordation.
7) The Final Record Plat submission must include requirements described in Dover Code of
Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any
additional requirements of the Planning Commission.
8) The formal Record Plan will need to be recorded upon completion of the approval process
with any corrections identified by the reviewing agencies.
VIII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE
OBJECTIVES:
The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted
in order to promote and protect the public health, safety, convenience and general welfare;
ensure the orderly growth and development of the City, the conservation, protection and proper
use of land, and adequate provision for housing, recreation, circulation, utilities and services; and
safeguard the City from undue future expenditure for the maintenance of streets and public
spaces.
1) This Minor Subdivision Plan creates two (2) lots out of the one parcel; the areas remain
zoned IPM. The Subdivision Plan generally complies with the Land Subdivision Regulations.
2) The proposed Minor Subdivision Plan for the was evaluated. The subdivision of this
property into two (2) individual lots does not impede the plan to develop the site.
3) Waiver of Requirement for Reduction of Required Lot Frontage Width on a Public Street: In
order for City Council to grant a waiver from the requirements of the Land Subdivision
Regulations, the applicant must demonstrate that compliance with the requirements of the
Regulations would cause extraordinary and unnecessary hardship, and that the variance or
waiver “shall not be detrimental to the public health, safety, or general welfare, or have the
effect of nullifying the intent and purpose of the official map, the zoning ordinance, the
development plan or these regulations.”
a) Staff notes that each of the Lots proposed will have frontage on a public street; it is only
one of the parcels that lacks the full lot width of 200 feet required. Lot 1 does have 40.12
feet of frontage and also has over 400 linear feet of the access easement included on its
parcel; thus, access to a public street is provided. The applicant has noted the unique
existing configuration of the property and the existing access easement as part of their
request. There probably could be a lot configuration arranged that would give both Lots
the required lot width, but it would result in very irregular parcels and require street
segment improvements and /or development.
40
Página 41
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 6
b) Staff finds that the presence of the existing access drive and utilities effectively divides
this tract into two areas already and limits the placement of potential buildings due to the
existing infrastructure that cross the property to serve other areas.
c) Staff recommends that if the waiver is granted, the Planning Commission require cross
access easements among both Lots 1 and 2 and with the other parties served by the
existing access drive/easement.
d) Staff recommends that the condition of the existing access drive be evaluated as
maintenance and/or improvements may be required for its current usage. A more detailed
design of improvements for the access drive may also be required with the future site
development plans for Lots 1 and 2.
Other agencies may recommend additional conditions and safeguards in accordance with their
areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are
offered for consideration by the Planning Commission.
IX. ADVISORY COMMENTS TO THE APPLICANT:
1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the
finalization of the Plan contact the Department of Planning and Inspections. These changes
may require resubmittal for review by the Development Advisory Committee, Planning
Commission, or other agencies making recommendations in regard to the plan.
2) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be
revised to meet all conditions of approval from the Development Advisory Committee or as
otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon
determination that the Plan is complete and all agency approvals have been received, copies
of the Plan must be submitted for final endorsement prior to recordation at the Kent County
Recorder of Deeds Office.
3) Other agencies and departments which participate in the Development Advisory Committee
may provide additional comments related to their areas of expertise and code requirements.
4) The applicant shall be aware that Minor Subdivision Plan approval does not represent a site
development approval, a Building Permit, Sign Permit, and associated construction activity
permits. A separate application process is required for review and approvals for development
activity from the City of Dover.
Findings and Recommendations of the Dover Planning Commission
At the Virtual Planning Commission Meeting on May 17, 2021, the Planning Commission
reviewed the proposed Waiver Request as part of its review of the Minor Subdivision for the Lands
of Fountainview LLC at 100 Ridgely Street. The Application (SB-21-02) was represented by
Daniel DeMott, lawyer of Baird Mandalas & Brockstedt; Troy Adams of the application’s
engineering firm Mountain Consulting Inc.; and Morgan Shank of the property ownership entity
Fountainview LLC. During the Public Hearing, no members of the public spoke. Following a
Public Hearing, the Planning Commission recommended approval of the Minor Subdivision
Plan and approval of the requested Subdivision Waiver to allow a Reduction of the Required
Lot Frontage Width on a Public Street for Lot 1 (as a width of 40.12 feet at the existing terminus
41
Página 42
Item 5.
SB-21-02 Minor Subdivision Plan for Lands of Fountainview, LLC at 100 Ridgely Street
Planning Commission Recommendation Report of May 17, 2021 and DAC Report of May 5, 2021
Page 7
of Ridgely Street). The motion also referenced the DAC Comments that would require cross access
easements among Lots 1 and 2 and the other parties served by the access drive/easement. The
motion passed unanimously 6-0 of the members present (three members absent).
See also the included excerpt of the DRAFT Meeting Minutes of the May 17, 2021 Planning
Commission meeting.
Attachments:
• Development Advisory Committee Comments: Comments from City of Dover Public
Works Department, Department of Water & Wastewater, Electric Department, City
Office of the Fire Marshal, DelDOT, and Kent Conservation District
• Subdivision Waiver Request Narrative Letter of April 1, 2021
• Minor Subdivision Plan Sheets
• Excerpt of Planning Commission Meeting Minutes of May 17, 2021
42
Página 43
Item 5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: APRIL 28, 2021
APPLICATION: Lands of Fountainview, LLC at 100 Ridgely
Street: Minor Subdivision Plan
FILE #: SB-21-02
REVIEWING AGENCY: City of Dover Department of Public Works
CONTACT PERSON: Sharon J. Duca, P.E.
CONTACT PHONE #: 302-736-7025
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
STORMWATER / STREETS / SANITATION / GENERAL
1. The Department of Public Works has no objections to the minor subdivision plan.
IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING
DEPARTMENT AS SOON AS POSSIBLE.
43
Página 44
Item 5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: APRIL 28, 2021
APPLICATION: Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision
Plan
FILE #: SB-21-02
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
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
WATER / WASTEWATER / GENERAL
1. Our office has no objection to the minor subdivision plan. Further requirements will be provided if additional site plan
development is submitted.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
WATER / WASTEWATER
1. Please be advised that future utility connection shall not be made through the adjacent properties. The water and wastewater
connection shall be made through the City’s right-of-way. If the connections are to be made through the properties, easements
will be required between parties and the City of Dover.
GENERAL
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 .
44
Página 45
Item 5.
CITY OF DOVER ELECTRIC
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: APRIL 28, 2021
APPLICATION: Lands of Fountainview, LLC at 100 Ridgely Street: Minor
Subdivision Plan
FILE #: SB-21-02
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE #: 302-736-7072
CONTACT EMAIL #: pwaddell@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all existing underground electric, communications and water facilities.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department.
Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be
at the owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
45
Página 46
Item 5.
Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan
File #: SB-21-02
April 28, 2021
Page 2 of 2
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook
is now available on the website at the following link:
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates.
Current load sheets can be found at the following link:
https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf.
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 .
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C F
SB-21-02
Item 5.
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 04/28/21 D S
O H
V A
E L
R
APPLICATION: Lands of Fountainview LLC at 100 Ridgely St
FILE #: SB-21-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is minor subdivision plan to subdivide a property into two parcels. This office has no
objections.
2. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
One-family and two-family residential structures, height, the number shall measure a minimum of four inches
in height, location, the number shall be placed on the house above or to the left or right of the front
entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers
shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings with
apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location, numbers
shall be placed either in the center of the building or on the street end of the building so as to be
visible from either the public or private street or from the parking lot, color, numbers shall be
contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the street
end of the building so as to be visible from either the public or private street or from the parking lot,
47
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Item 5.
property line or driveway, should the building be located far enough from a public or private road so that
the numbers are not clearly visible from the street, then the street address shall also be posted on the
property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on each
building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number
affixed to the front of the tenant space and on the outside of the rear door which corresponds with
that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
3. Project to be completed per approved Site Plan.
4. Full building and fire plan review is required.
5. Separate building permits/plans submission will be required for each building and/or tenant fit out. If
the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans
and permits submissions will be required for each “tenant fit out” at which time a Certificate of
Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the
“shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
6. Construction or renovations cannot be started until building plans are approved.
7. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems
require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is
approved.
8. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. The access easement needs to be repaired and maintained.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
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Item 5.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of Fountainview LLC (100 Ridgley Street)
FILE#: SB-21-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No comment to the minor subdivision.
2. Frontage Road is non State-Maintained Road.
49
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Item 5.
April 1, 2021
Dawn Melson-Williams, AICP
Principal Planner
City of Dover
Department of Planning & Inspections
RE: Subdivision Waiver Request
100 Ridgely Street
Tax Parcel No. ED-05-076.08-01-01.01-00001
Dear Mrs. Melson-Williams:
Mountain Consulting, Inc. has prepared a Minor Subdivision Plan for the above-referenced parcel. This
parcel is unique in that it fronts on the northern stub of Ridgely Street (just north of Fulton Street) and
fronts along an Unimproved Street. Additionally, a paved 40-feet wide access easement starts at the
north end of Ridgely Street and continues northerly through the subject property, and terminates at the
adjacent property currently owned by HSM Holdings I, LLC and JMS Exchange, LLC. The paved easement
is used by the subject property and the adjacent property.
As illustrated on Sheet 2 entitled Minor Subdivision Plan, a new division line is proposed along the
western edge of the paved 40-feet wide access easement. The result is the creation of an additional lot,
Lot 1. Lot 1 will have a street frontage of 40.12 feet along Ridgely Avenue. This parcel is zoned IPM
(Conventional Planned) and Article 4, Section 4.16 requires a lot width of 200 feet along a street
frontage.
We are requesting a waiver from the 200 feet width requirement. Thank you for your consideration.
Kind regards,
MOUNTAIN CONSULTING, INC.
Troy L. Adams, P.E.
Vice President
50
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Item 5.
CITY OF DOVER
MINOR SUBDIVISION PLAN - TITLE SHEET Y ST
.
100 RIDGELY STREET
MAR
SITE
FOUNTAINVIEW, LLC ON S
T .
CITY OF DOVER - KENT COUNTY FULT
ISION
ST.
IV
W. D
STATE OF DELAWARE
FOREST ST.
LINCOLN ST.
LOCATION MAP 1"=800'
AERIAL VIEW 1"=200'
EXISTING LOT CONFIGURATION PROPOSED LOT CONFIGURATION
LOT CONFIGURATION INSET
FOUNTAINVIEW, LLC
100 RIDGELY STREET
103 S. BRADFORD ST.
DOVER, DE 19904
P.O. BOX 558
DOVER, DE 19903
T-302-744-9875
F-866-672-6428
51
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Item 5.
.
Y ST
MAR
SITE
T .
ON S
FULT
ST.
IVISION
W. D
FOREST ST.
LINCOLN ST.
LOCATION MAP 1"=800'
FOUNTAINVIEW, LLC
100 RIDGELY STREET
103 S. BRADFORD ST.
DOVER, DE 19904
P.O. BOX 558
DOVER, DE 19903
T-302-744-9875
F-866-672-6428
52
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Item 5.
.
Y ST
MAR
SITE
T .
ON S
FULT
ST.
IVISION
W. D
FOREST ST.
LINCOLN ST.
LOCATION MAP 1"=800'
FOUNTAINVIEW, LLC
100 RIDGELY STREET
103 S. BRADFORD ST.
DOVER, DE 19904
P.O. BOX 558
DOVER, DE 19903
T-302-744-9875
F-866-672-6428
53
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Item 5.
CITY OF DOVER PLANNING COMMISSION
May 17, 2021
Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, May 17, 2021 at
5:30 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to
Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was
conducted with Chair Mrs. Maucher presiding. Members present were Mr. Hartman, Mrs. Lord,
Mrs. Welsh, Dr. Jones, Mr. Baldwin, and Mrs. Maucher. Mr. Adams, Mrs. Malone, and Mr. Roach
were absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek,
Mrs. Tracey Harvey, Mr. Jason Lyon and Mrs. Kristen Mullaney.
SB-21-02 Lands of Fountainview, LLC at 100 Ridgely Street: Minor Subdivision Plan -
Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of
7.3386 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 is to be 3.5429 acres+/- and
encompasses the east side of the property including an access easement area extending from the
northern stub of Ridgely Street. Lot 1 only has a street frontage of 40.12 feet on Ridgely Street.
Lot 2 is to be 3.7957 acres+/- and encompasses the western residual portion of the property with
frontage on Ridgely Street and on unimproved segment of Fulton Street. The subject property is
located at the terminus of Ridgely Street and north of Fulton Street. The property is zoned IPM
(Industrial Park Manufacturing Zone). The owner of record is Fountainview, LLC c/o Morgan
Shank. Property Address: 100 Ridgely Street. Tax Parcel Number: ED-05-076.08-01-01.01-000.
Council District 4. Waiver Requested: Subdivision Waiver to Reduce Required Lot Frontage
Width on a Public Street. Previous Applications for development of this property included S-08-
43 Warehouse Storage Buildings on Lands of Ridgely Street, LCC and S-00-19 Contractors
Office & Storage Building on Lands of Bandurski; both plans are expired.
Representatives: Mr. Troy Adams, Mountain Consulting; Mr. Daniel DeMott, Baird, Mandalas
& Brockstedt; Mr. Morgan Shank, Fountainview, LLC
Mrs. Melson-Williams stated that the Lands of Fountainview, LLC is a Minor Subdivision
application. The property is located at what is the terminus of Ridgely Street in the segment that
is north of Fulton Street. If you are looking at the screen, Fulton Street is kind of at the bottom of
the page and this is to the north of that. Ridgely Street comes up midway and that the area that is
hashed is actually an existing easement that crosses north/south through the property. Their
proposal is to divide this existing parcel of land which is at just over 7.3 acres into two lots. The
first one being Lot 1 which is on the east side of that access drive and would include that access
drive. There is a Lot 2 which is to be the western side of the property. Both of these lots are a
little over 3.5 acres each. The zoning of the property would remain at IPM (Industrial Park
Manufacturing Zone) and we have to look to those Bulk Standards for a conventional lot in the
IPM (Industrial Park Manufacturing Zone) when looking at this Subdivision Plan. They are
requesting one Waiver and it is for a reduction of the required lot frontage width on a public
street. That is a provision in our Subdivision Regulations. With the proposed configuration of the
two lots, Lot 1 basically ends up with a frontage at the terminus of Ridgely Street of just over
forty feet; that is an existing condition there. The Lot 2 has the appropriate amount of frontage
Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 1 of 4 54
Página 55
Item 5.
because it has frontage on Ridgely Street and then the unimproved section of Fulton Street that
moves toward the railroad tracks. They are seeking a Subdivision Waiver which the Planning
Commission will need to make a recommendation on this evening and then that Subdivision
Waiver must be reviewed by City Council for their consideration and action on that. There are
instances where a Subdivision Waiver can be sought when there are special conditions or formats
of the property as long as it is not detrimental to public health, safety or general welfare. A lot of
things that typically you are used to seeing with an initial subdivision such as this, should either
one of the lots be developed in the future then it would be subject to some type of Site
Development Plan Review which is where you would see more detailed provisions regarding
access, sidewalks and landscaping. This Application does create two lots out of the existing
property; it does not impede on either side to develop and Staff is recommending approval of the
Waiver Request dealing with that reduction in the lot frontage width on a public street. With the
easement that will be maintained, that is certainly an opportunity for better access to the Lot 1
area. That existing easement does have a number of utilities in it already and it serves to access
property to the north so it would be in place during future development activity. The DAC
Report does include comments from the other agencies. Most of them have no objections to the
Subdivision Plan and they offer some advisory information regarding future development
activity on the property. The applicant did submit a written Waiver Request and that was also
included in your packet.
Mr. DeMott stated that he is here on behalf of the owner, Fountainview, LLC. They are the
owner of 100 Ridgely Street and that parcel is further identified as Tax Parcel ED-05.076.08-01-
01.01-000. On April 21, 2021, Mr. Adams filed an application on behalf of Fountainview, LLC
for development with the City of Dover Planning Commission for a Minor Subdivision Plan
located at 100 Ridgely Street. That application is designated SB-20-02. The application included
the Application form, an Application for Mailing List, the Project Contact List, a Checklist for
the Site Plan application, twenty-one full sets of plans, and a copy of the written Waiver Request
for the reduction of the required lot frontage on a public street. On April 28, 2021, the
Development Advisory Committee reviewed the application and he will discuss those comments
tonight as part of his summary. There is some land use history on this project, and these are
mentioned in the DAC comments, but there were previous applications for site development
including a plan that is labeled S-08-43 for warehouse storage buildings on the land and a plan
designated S-00-19 for a contractor’s office and storage buildings on the lands of Bandurski.
Both of those plans have expired, and the property currently exists as a vacant parcel. As you
will notice from the Site Plan and the DAC comments, the existing configuration of the terminus
of Ridgely Street and the existing access easement that continues north, divide this tract of land
into two separate parcels. What this means is that the parcel is already physically separated by an
access road; so, the approval of this Minor Subdivision will only formalize the existing division
between the two parcels and will also allow for further development on each parcel that is
located to the east and the west of that access easement which he believes that Mrs. Melson-
Williams said will also include a number of existing utilities. The applicant, Fountainview, LLC
is before the Commission this evening and they are requesting approval of the Minor Subdivision
Plan to divide the property like Mrs. Melson-Williams said. The new division line is proposed
along the western edge of the paved forty feet wide access easement. Lot 1 is to be 3.5429 acres
and it will encompass the east side of the property including the access easement existing from
the north part of Ridgely Street and continuing north. Lot 1 only has a street frontage of 40.12
Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 2 of 4 55
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Item 5.
feet on Ridgely Street and he will address the applicant’s Waiver Request in a moment. Lot 2 is
going to be approximately 3.2795 acres and that will be the western portion of the street with
frontage on Ridgely Street and the unimproved segment of Fulton Street which includes some
wooded area as well. The applicant provided proper notice to the property owners within 200
feet of the property ten days prior to the hearing date. The notice included the nature of the
application, the time, the date, the place of the public hearing before this Planning Commission
and it additionally posted public notice in the form of an advertisement published in the
newspaper at least ten days prior to the hearing as well. They are requesting a Waiver from the
200 feet along the street frontage requirement to allow the width of 40.12 feet for Lot 1 as part of
the Minor Subdivision Application. The purpose of the public street frontage requirement is to
ensure that there is access created for the lots and that the purpose of the Bulk Standards ensures
that lot sizes are appropriate for the development activity. Respectfully, we are requesting this
afternoon that the Commission recommend approval for that Waiver as part of the Minor
Subdivision Application for three reasons. One is the compliance with the frontage requirements
would cause an extraordinary and unnecessary hardship on the applicant. The grant of the
Waiver is not going to be detrimental to public health, safety, or the general welfare and the
grant of the Waiver is also not going to have any affect on nullifying the intent or the purpose of
the official Zoning Map, Zoning Ordinance, the Development Plan or the Zoning and
Subdivision Regulations as well. This parcel is uniquely configured with this access easement
that divides the parcel already. The DAC comments also note that there could be a lot
configuration that would give both of the lots the required width but doing so what result in a
very unregular parcel and require street segment improvements and development. The DAC also
comments that Lot 1 has 40.12 feet of frontage and also has over 400 linear feet of access
easement included on the parcel so as a result, access to the public street is provided which is the
specific purpose of the street frontage requirement. They believe that the 40.12 feet of street
frontage allows for sufficient access to Lot 1 considering the access from the street terminus by
the existing easement access to the proposed lots from Ridgely Street. And then there would also
be an opportunity for construction of the unimproved segment of Fulton Street that would be part
of any future site development plan review process. In accordance with the Land Subdivision
Regulations, the proposed subdivision will otherwise comply with the Bulk Standards of the
Zoning Ordinance including the minimum lot size of 2.58 acres, the front yard setbacks at 60
feet and rear and side yard setbacks at 40 feet. The applicant will address additional items that
are listed under Section VII of the DAC comments and the applicant also has no objections.
They are agreeable to all of the other DAC comments and will comply with any and all
regulatory and agency requirements if this Minor Subdivision is granted with the requested
Waiver. The applicant is also agreeable to all Staff recommendations for cross access easements
if the Waiver is granted and understands the future evaluation of the existing access easements
would or may be required at future site development of Lots 1 and 2.
Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mrs. Welsh moved to recommend approval to City Council for SB-21-02 Lands of Fountainview,
LLC at 100 Ridgely Street: Minor Subdivision Plan inclusive of the DAC comments that would
require cross access easements among Lots 1 and 2 and other parties served by the access drive
and the Waiver Request for the width of the required lot frontage on a public street, seconded by
Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 3 of 4 56
Página 57
Item 5.
Mr. Hartman and the motion was carried 6-0 by roll call vote with Mr. Adams, Mr. Roach and
Mrs. Malone absent. Mrs. Welsh voting yes; it is appropriate for the request. Dr. Jones voting
yes; for the reasons previously stated. Mr. Hartman voting yes; he agrees with Planning Staff’s
recommendations and the DAC Report. Mr. Baldwin voting yes; based on Staff’s
recommendations. Mrs. Lord voting yes; based on reasons previously stated. Mrs. Maucher
voting yes; based on the DAC Report and Staff recommendations.
Excerpt of Planning Commission Meeting Minutes of May 17, 2021 Page 4 of 4 57