Agenda

CITY OF DOVER PLANNING COMMISSION AGENDA Monday, August 19, 2013 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of July 15, 2013 COMMUNICATIONS & REPORTS 1) The Planning Commission Quarterly Workshop is scheduled for Tuesday, August 20, 2013 at 4:00pm in the City Hall Conference Room. 2) Reminder: The next Planning Commission regular meeting is scheduled for Monday, September 17, 2013 at 7:00pm in the City Council Chambers. 3) Update on Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a) S-11-11 Lands of Downtown Dover Partnership at 120 S. Governors Avenue – Request for extension of the conditional approval granted on August 15, 2011 and September 19, 2011 by the Planning Commission for the Site Development Master Plan and Architectural Review Certificate (HI-11-04) for the construction of a four story 47,042 SF mixed-use building consisting of a retail component and 27 apartments, a four story 34,896 S.F. apartment building of 24 apartments with ground level parking in the building, and other associated site improvements on the property at 120 South Governors Avenue. The existing 16,783 SF commercial building on the property is proposed for demolition. The application also includes a Minor Subdivision Plan to divide the property into two lots. The property consists of 1.7653 acres ± and is zoned C-2 (Central Commercial Zone) and subject to the H (Historic District zone). The property site spans the block between South Governors Avenue and South New Street located north of, but not adjacent to, West Loockerman Street. The owner of record is Downtown Dover Partnership (formerly the Downtown Dover Development Corporation). Property Address: 120 South Governors Avenue. Tax Parcel: ED05-077.09-01-44.00-000. Council District 4. 2) Re-evaluation of Conditional Use Applications: a) C-12-05 Transitional Housing for Dover Interfaith Mission for Housing, Inc. at 319 West Water Street – Re-evaluation of a Conditional Use Plan approved by Planning Commission on July 16, 2012 to allow for the establishment of a philanthropic use consisting of transitional housing in an existing single family residence. The parcel is zoned C-1A

City of Dover Planning Commission Agenda Public Hearing: August 19, 2013 Page 2 of 4 (Limited Commercial Zone) and is subject to SWPOZ (Source Water Protection Zone) Tier 3 – Excellent Recharge Area. The property is exempt from the requirements of the SWPOZ Tier 3 as the site is located within the Downtown Redevelopment Target Area. The property is located on the north side of West Water Street in the block between South Queen Street and South New Street. The owner of the property is Mockfaul, LLC and the lessee is Dover Interfaith Mission for Housing, Inc. Address: 319 West Water Street. Tax Parcel: ED05-077.09-03-05.00-000. Council District 2. Re-evaluation of this Application was postponed from July 15, 2013 meeting of the Planning Commission to allow for completion of the property inspection and report of findings. b) C-11-03 Revised Governors Club Café at 144 Kings Highway – Re-evaluation of a Revised Conditional Use Site Development Plan approved by the Planning Commission on August 20, 2012 to permit the establishment of a café/sandwich shop (restaurant use) serving alcohol in a portion of the first floor of an existing building. The property is zoned RGO (General Residence and Office Zone) and H (Historic District Zone). The property is located at the southernmost intersection of American Avenue and Kings Highway. The owner of record is Governors Club Professional Center, LLC and the lessee is Coffee Shop, LLC. Property Address: 144 Kings Highway SW. Tax Parcel: ED05-077.05-04-40.00-000. Council District 2. The Planning Commission previously granted approval of the café/sandwich shop (restaurant use) with the condition of no serving of alcohol in June 2011. The Revised request was considered and approved following amendments to the uses allowed in the RGO zoning district. 3) Consideration of Revised Application: a) S-11-08 Loockerman East: Lands of Hub Associates, LLC – Consideration of Revisions to the Architecture of the hotel building. The Site Plan for the redevelopment of four parcels of land (consolidated) shows the construction a 92 room hotel, an 11,230 S.F. retail building, and other associated site improvements (with the existing 17,200 S.F. TGI Friday’s building to remain). The subject property is a total of 4.29 acres ± and is zoned C-4 (Highway Commercial Zone) and C-PO (Commercial/Professional Office Development District). The property is located at the southwest corner of South DuPont Highway and Loockerman Street. The owners of record are Hub Associates, LLC and A&G Kramedas Associates. Property Addresses: 514 East Loockerman Street, 516 East Loockerman Street, 554 East Loockerman Street, and 222 South DuPont Highway. Tax Parcels: ED05-077.06-01-62.00- 000. ED05-077.06-01-63.00-000, ED05-077.06-01-64.00-000, and ED05-077.06-01-87.00- 000. Council District 2. The Planning Commission granted conditional approval of this Site Plan on May 16, 2011 and Final Plan approval was granted on July 19, 2013. 4) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) a) Report on Search for Subcommittee Members NEW DEVELOPMENT APPLICATIONS 1) SB-13-04 Lands of John & Dorothea Link and Bradley Holden at 186-188 Pennsylvania Avenue: Minor Subdivision Plan – Public Hearing and Review of a Minor Subdivision to allow for the creation of two (2) parcels of land. The subdivision would create a 4,831+/- SF parcel of land and a 3,868 +/- SF parcel of land. There is currently an existing duplex on the one parcel of land. The subdivision will divide the parcel placing each unit of the duplex onto a separate parcel of land. The property is zoned RG-1 (General Residence Zone). The

City of Dover Planning Commission Agenda Public Hearing: August 19, 2013 Page 3 of 4 property is located on the west side of Pennsylvania Avenue north of Delaware Avenue. The owners of record are John & Dorothea Link and Bradley Holden. Addresses: 186-188 Pennsylvania Avenue. Tax Parcels: ED-05-077.05-02-03.00-000 and ED-05-077.05-02- 03.01-000. The Board of Adjustment approved variances for this site at their meeting on June 19, 2013 (Application V-13-08). Due to inadequate public notice consideration of this application was postponed at the Planning Commission meeting of July 15, 2013. 2) Z-13-01 Lands of KW Lands at 1570 North DuPont Highway: Rezoning from RC and C-4 with SWPOZ to IO with SWPOZ – Public Hearing and Review for Recommendation to City Council on a rezoning application for a 12.6127 acre +/- parcel. The property is zoned RC (Recreational and Commercial Zone), C-4 (Highway Commercial Zone) and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The proposed zoning is IO (Institutional and Office Zone) with a portion subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located west side of North DuPont Highway and east of Crawford Carroll Avenue and north of but not adjacent to Rustic Lane. The owner of record is KW Lands and lessee is Delaware State University. Address: 1570 North DuPont Highway. Tax Parcel: ED-05-057.00-01-05.00-000. Council District 4. Ordinance #2013-12. This property was the subject of a Minor Subdivision Plan Application SB-13-03 to subdivide the parcel into three parcels of land and right-of-way areas granted conditional approval by the Planning Commission on July 15, 2013. 3) Z-13-02 Lands of Walker Woods Properties, LLC and Milford Housing Development Corporation at Walker Woods: Rezoning from RG-3 and ROS to RG-2 – Public Hearing and Review for Recommendation to City Council on a rezoning application for multiple parcels of land (71 townhouse units) consisting of a total of 9.0722 acres including existing right-of-way area. The properties are currently zoned RG-3 (Group Housing Zone) and ROS (Recreational and Open Space Zone). The proposed zoning classification is RG-2 (General Residence Zone). The properties known as Walker Woods are situated on the north side of Walker Road adjoining Harmony Lane. The owners of record are Walker Woods Properties, LLC and Milford Housing Development Corporation. Addresses: 1357-1383 Walker Road and multiple addresses on Harmony Lane. Tax Parcels: multiple parcels on map ED-05-067.18-01 (See reference list.) Council District 4. Ordinance #2013-13. 4) S-13-10 North Street Pocket Park at 301 South Governors Avenue – Public Hearing and Review of a Site Plan and Architectural Review Certification to allow for the construction of a park consisting of paving and landscape areas to be located at 301 South Governors Avenue. The property is zoned C-2 (Central Commercial Zone) and is subject to H (Historic District Zone). The property is located on the southeast corner of West North Street and South Governors Avenue. The owner of record is City of Dover. Address: 301 South Governors Avenue. Tax Parcel: ED-05-077.09-04-36.00-000. Council District 4. This application is associated with Application HI-13-05 was reviewed at the Historic District Commission meeting of July 18, 2013. 5) C-13-05 The Redeemed Christian Church of God Eagles’ Wings Chapel at 896 South State Street – Public Hearing and Review of Conditional Use Site Plan for the establishment of a church within the existing 2,030 SF building located at 896 South State Street. The property is zoned RGO (General Residence and Office Zone). The property is located on the west side of South State Street north of Wyoming Avenue. The owner of record is Basilio Bautista. Address: 896 South State Street. Tax Parcel: ED-05-077.17-03-53.00-000. Council

City of Dover Planning Commission Agenda Public Hearing: August 19, 2013 Page 4 of 4 District 2. Waivers Requested: Elimination of Upright Curbing and Consideration of Combined Spaces Parking Provision 6) C-13-06 Great Expectation Kinder Kollege: Large Family Day Care Home at 688 Independence Boulevard – Public Hearing and Review of a Conditional Use Site Plan to allow for the establishment of a Large Family Day Care Home within the existing single family residence. The property is zoned R-8 (One Family Residence Zone). The property is located on the west side of Independence Boulevard south of Walker Road. The owner is Karen Brewington. The lessee is Phyllis Bordly. Address: 688 Independence Boulevard. Tax Parcel: ED-05-067.18-02-05.00-000. Council District 1. 7) C-13-07 Solid Rock Baptist Church Community Center at 105 North West Street – Public Hearing and Review of a Conditional Use Site Plan to allow for the construction of a 4,157.4 SF two story community center building to be located at 105 North West Street. The property is zoned RG-1 (General Residence Zone). The property is located on the east side of North West Street north of Fulton Street. The owner is Solid Rock Baptist Church. Address: 105 North West Street. Tax Parcel: ED-05-076.08-03-02.00-000. Council District 4. The Board of Adjustment granted a variance for the reduction of the front yard setback at their meeting on April 3, 2013. (V-13-04) Waivers requested: Reduction in Overall Number of Parking Spaces, Consideration of Combined Spaces Parking Provision, and Partial Elimination of Curbing. NEW BUSINESS ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Agenda: August 9, 2013 posted 12:30pm