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CITY OF DOVER, DELAWARE
PLANNING COMMISSION
Monday, July 19, 2021 at 7:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover
DE 19903 and via email at CompPlan@dover.de.us.
MEETING NOTICE
The Planning Commission Meeting for July 19, 2021 will be held as an IN-PERSON meeting in City Hall
Council Chambers. The public is welcome to attend.
The Meeting will also be a Virtual Meeting made available using the WebEx audio/video conferencing
system as an electronic means of communication. See participation information below to join by phone
or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Planning Commission Meeting of July 19, 2021
Dial: 1-408-418-9388
Event number/Access code: 173 227 0636
Event password: DoverPC
Event Address: https://bit.ly/PCMeeting071921
If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the
meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-
7196.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ADOPTION OF AGENDA
APPROVAL OF MINUTES
1. Adoption of the Minutes of the Meeting of June 21, 2021
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PLANNING COMMISSION - July 19, 2021 PAGE 2
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Planning Commission regular meeting date is Monday, August 16,
2021 at 7:00 PM.
Update on City Council Actions: Reappointment/Appointments to the Planning Commission
Department of Planning & Inspections Updates
OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS
OLD BUSINESS
Request Extension of Planning Commission Approval
2. S-19-10 Dover Community Pharmacy at 1035 S Governors Avenue - Request for One-Year
Extension of Plan Approval granted by the Planning Commission on July 15, 2019 for a Site
Development Plan Application with waivers to permit an additional 5,700 SF of pavement to
the existing parking lot area at the rear of the building containing Dover Community
Pharmacy. The project creates a revised total of fourteen (14) total parking spaces for the
site. The subject property is 0.35 +/- acres located on the east side of South Governors
Avenue, south of Wyoming Avenue. The property is zoned C-1A (Limited Commercial
Zone). The owner of record is AK Investments, LLC. Property Address: 1035 South
Governors Avenue. Tax Parcel: ED-05-077.17-07-09.00-000. Council District 2.
NEW APPLICATIONS
3. SB-21-03 Lands of Tudor Enterprises, LLC at Tudor Business Park: Minor Subdivision Plan -
Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of
20.51 acres +/- into two parcels (Lot 1 and Lot 2) and with right-of-way dedication. Lot 1
(Residual) is to be 19.37 acres+/- and encompasses the bulk of the original property area to the
east and south. Lot 2 is to be 0.98 acres+/- and encompasses the northwestern portion of the
property with frontage on South Little Creek Road. The subject property is located on the south
side of South Little Creek Road west of Route 1 and east of Roberta Avenue. The Tudor
Business Park property includes privately maintained, named drives internal to the site such as
Otis Drive. The property is zoned C-3 (Service Commercial Zone); however, the portion of the
property to be subdivided is zoned C-1A (Limited Commercial Zone). The owner of record is
Tudor Enterprises, LLC. Property Addresses: 1014-1070 South Little Creak Road and multiple
addresses within Tudor Business Park. Tax Parcel Number: ED-05-077.12-01-02.00-000.
Council District 2.
NEW BUSINESS
4. Nomination and Election of Officers (Chairman and Vice-Chairman) due to Annual Meeting of
Planning Commission
5. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission
(in accordance with Zoning Ordinance, Article 10 §2.28)
ADJOURN
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PLANNING COMMISSION - July 19, 2021 PAGE 3
Posted Agenda: July 9, 2021
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.
CITY OF DOVER PLANNING COMMISSION
JUNE 21, 2021
The Meeting of the City of Dover Planning Commission was held on Monday, June 21, 2021 at
7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to
Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was
conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mr. Roach,
Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Baldwin
was absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. Brian Turner, Ms.
Sylvia Davis, Ms. Patricia Kelleher, Mr. Ring Lardner, Mr. William Harman, Mr. Jonathan
Street, Mr. Doug Walker, Mr. Robin Eaton and Mr. Michael Campbell. Speaking from the public
were Mr. Bob Harrison, Mr. Jack Sutton, Ms. Karen Nickerson, Mr. Guy Smith, Ms. Louise
Bordley, Mr. Chuck Hampton, Mrs. Heather Hampton, Mr. Griffin DuBreuil, Ms. Yvonne
Biddle, Ms. Jean Ritter, Mr. John Davis, Ms. LaTende Henry, Ms. Lynn Sadusky, and Mr.
Adewunmi Kuforiji.
APPROVAL OF AGENDA
Mr. Adams moved to approve the Agenda tonight, seconded by Mrs. Welsh and the motion was
unanimously carried 8-0 with Mr. Baldwin absent.
APPROVAL OF MEETING MINUTES OF MAY 17, 2021
Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of May 17, 2021,
seconded by Dr. Jones and the motion was unanimously carried 8-0 with Mr. Baldwin absent.
COMMUNICATIONS & REPORTS
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on May 24 & 25, 2021 and June 14 & 15, 2021.
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, July 19, 2021 at 7:00PM. At this point, it looks like we may be back as an in-person
meeting with the intention of the Governor to lift the State of Emergency the week before on
July 13, 2021. The ability to conduct this type of meeting fully virtual, they believe will go away
and under the Delaware Code provisions for the Freedom of Information Act. With the
provisions for open meetings, she believes that we will be fully back in-person and that means all
of the Commission members gathering in a publicly advertised space. Stay tuned for that as we
work out details. There may still be an opportunity for viewing of the meeting live but for
participation purposes, she believes that we will all need to be in-person.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
Virtual Meeting using the WebEx system.
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OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval:
S-19-11 Lion of Judah Ministry Church at 951 White Oak Road - Request for One-Year
Extension of Plan Approval granted by the Planning Commission on July 15, 2019 for a Site
Development Plan Application with waivers to permit construction of one-story 5,000 SF place
of public assembly (church) building and associated site improvements. The subject property is
1.14 +/- acres. The property is zoned IO (Institutional and Office Zone). The property is located
on the north side of White Oak Road and east of Halsey Road. The owner of record is L & S
Davis Properties, Inc. Property Address: 951 White Oak Road. Tax Parcel: ED-05-068.14-05-
85.00-000. Council District 3.
Representatives: Ms. Sylvia Davis; L & S Davis Properties, Inc; Mr. Brian Turner, Mountain
Consulting
Mr. Swierczek stated that this is an application seeking a One-Year Extension of approval. It is a
Site Development Plan for a church called Lion of Judah Ministry Church. It originally came
before the Planning Commission in June 2019 at which point the Planning Commission had
deferred action until July 2019 and it was granted conditional approval. It was granted
conditional approval which included two requested Waivers. Those were the elimination of a
fence component of the opaque barrier requirements as well as a partial elimination of upright
curbing. The Planning Office is in receipt of a letter requesting the extension of approval on May
24, 2021 from Mr. Troy Adams. He is the Chief Engineer on the project. He notes that the
applicants are still working diligently on obtaining approvals from all of the relevant agencies
and they are eager to finalize construction plans and move on to Final Plan Approval and to
permitting.
Mr. Turner stated that he does not have anything else to add as Mr. Swierczek summed it up
pretty accurately of where they are. They are pretty far along in the process and are really just
waiting on some final reviews.
Mr. Adams moved to approve S-19-11 Lion of Judah Ministry Church at 951 White Oak Road
for a One-Year Extension for plan approval including waivers, seconded by Dr. Jones and the
motion was carried 7-0 by roll call vote with Mrs. Lord unavailable to vote and Mr. Baldwin
absent. Mr. Adams voting yes; it sounds like things are moving along so he looks forward to
them beginning their construction process. Mr. Roach voting yes. Mrs. Malone voting yes; for
reasons previously stated. Mr. Hartman voting yes; based on the May 24, 2021 comments
provided by the applicant. Mrs. Welsh voting yes; the request is appropriate. Dr. Jones voting
yes; the applicant has been working diligently and they are looking forward to the finished
product. Mrs. Maucher voting yes; based on the statements from the applicant that progress is
being made.
S-19-13 NCALL Office Building at 223 & 225 West Division Street - Request for One-Year
Extension of Plan Approval with waivers granted by the Planning Commission on July 15, 2019
for a Site Development Plan and Lot Consolidation Plan Application to construct a three-story
7,671 SF office building together with associated site improvements. The subject properties to be
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combined total 5,120 feet and are located on north side of West Division Street east of North
New Street. The property is zoned C-1A (Limited Commercial Zone). The owner of record is
NCALL, Inc. Property Addresses: 223 West Division Street and 225 West Division Street. Tax
Parcels: ED-05-076.08-05-28.00-000 and ED-05-076.08-05-29.00-000. Council District 4.
Representatives: Mr. Brian Turner, Mountain Consulting; Ms. Patricia Kelleher, NCALL
Mr. Swierczek stated that this is an application that involves both a Site Development Plan as
well as a Lot Consolidation Plan at 223 & 225 West Division Street. This application came to the
Planning Commission again at their July 2019 meeting. The conditionally approved plan
included consideration of a Tree Mitigation Plan as well as elimination of upright curbing
requirements. In their letter to Planning Staff dated May 24, 2021, Mountain Consulting noted
that there was a change in circumstances that required a potential major redesign of the proposed
building. As a result, they are revising their plan seeing what will be still required before moving
on to finalizing the Site Development Plan. As a note from Planning Staff, if it is determined that
any of the design changes are to be significant enough, they will be of course brought to the
attention of the Planning Commission.
Mr. Turner stated that initially they had been making progress prior to COVID and things
slowing down. They have received a Letter of No Objection from Kent Conservation District and
had gone through some of the initial submissions and meetings with DelDOT as well. They have
been making progress prior to COVID and things slowing down; and now, they are in the
process of redesigning the building. It will probably be scaled back a little bit from the previous
square footage. They are ready to restart things and come back in with their Concept Plans to
various agencies and hopefully wrap things up before the end of this year from a planning and
design standpoint.
Ms. Kelleher entered into the chat feature that she had no comments.
Mr. Adams moved to approve S-19-13 NCALL Office Building at 223 & 225 West Division Street
for a one year extension of approval with associated waivers, seconded by Mrs. Welsh and the
motion was carried 8-0 by roll call vote with Mr. Baldwin absent. Mr. Adams voting yes; it
sounds like things are getting back on track and moving forward. Mr. Roach voting yes. Mrs.
Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; based upon the
comments provided in the applicant’s letter dated May 24, 2021. Mrs. Lord voting yes; for
reasons previously stated. Mrs. Welsh voting yes; the reasons given are adequate. It sounds like
they are going to start moving forward on this and it is a greatly needed building. Dr. Jones
voting yes; for reasons already stated. Mrs. Maucher voting yes; based on comments from the
applicant stating that things are getting back on track.
S-19-15 White Oak Road Property: Apartments and Townhouses on 3 parcels on White Oak
Road - Request for a One-Year Extension of Plan Approval granted by the Planning Commission
on August 19, 2019 for a Site Development Plan Application with waivers to permit construction
of a three-story apartment building to contain twenty-four (24) dwelling units as well as eight (8)
townhouse units, comprising thirty-two (32) total dwelling units and associated site
improvements known as the White Oak Road Property. The subject area of three parcels
consists of 11.17 acres +/- and located north side of White Oak Road west of State Route 1. The
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properties are zoned C-2A (Limited Central Commercial Zone). The owner of record for all three
(3) properties is Harman Brothers LLC. Property Addresses: 1317 White Oak Road and other not
yet addressed properties on White Oak Road. Tax Parcels: ED-05-068.11-01-05.00-000, ED-05-
068.11-01-03.00-000, and ED-05-068.11-01-01.00-000.
Representatives: Mr. Ring Lardner, Davis, Bowen & Friedel; Mr. William Harman, Harman
Brothers, LLC
Mrs. Melson-Williams stated that the Planning Commission dealt with this application back in
August 2019 and as noted in their letter, the pandemic had them navigating what was being
proposed and what they are going to do with the property. The project itself was a proposal for
construction of a three-story apartment building; and the project also included a separate area of
eight (8) townhouse units a little further east on the property. It is located on the north side of
White Oak Road just before White Oak Road goes over State Route 1. The project did have
some Waivers related to it as well as an Active Recreation Plan that was considered with the
process. They should be working with the various agencies to achieve approvals. In their letter;
they are potentially dealing with a perspective buyer for the project. This is a Request for a One-
Year Extension. If granted, it would give them through the end of August 2022 to achieve Final
Plan Approval and commence construction.
Mr. Lardner stated as Mrs. Melson-Williams mentioned, the applicant has had a couple of
purchasers for the project. Unfortunately, a couple of the deals fell through as COVID took grasp
of the world. It is currently in a Letter of Intent with a purchaser right now to buy the property
and take this project through full construction. One of those conditions is an extension to the
primary plan. Thus, they are here this evening to request an extension so that he can finalize a
deal. The buyer is a little finicky of course, as we all know with the prices of materials and
lumber. They do believe that this extension, as the market starts to normalize a little bit, that they
will move forward with the project.
Mr. Adams moved to approve S-19-15 White Oak Road Property: Apartments and Townhouse on
three parcels on White Oak Road for a One-Year Extension of plan approval and to include the
associated waivers, seconded by Mrs. Malone and the motion was carried 8-0 by roll call vote
with Mr. Baldwin absent. Mr. Adams voting yes; given the fact that it sounds like the project is
prepared to move forward. Mr. Roach voting yes; for reasons previously stated. Mrs. Malone
voting yes; for the same reasons that Mr. Adams stated. Mr. Hartman voting yes; although he
had reservations during the original application in August 2019, he votes to approve the
extension based on the comments provided in the applicant’s letter dated June 2, 2021. Mrs.
Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for reasons previously
stated. Dr. Jones voting yes; for reasons previously stated. Mrs. Maucher voting yes; based on
the applicant’s letter requesting a waiver.
NEW APPLICATIONS
Z-21-04 Lands of Peter F. and Bonnie S. Reidy at 4 Mifflin Road - Public Hearing and Review
for Recommendation to City Council on a Rezoning Application for a parcel of land consisting
of 1.248 acres. The property is zoned CPO (Commercial Professional Office Zone) subject to
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the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central
Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The property is located on the
southwest corner of Forrest Avenue and Mifflin Road. The owners of record are Peter F. &
Bonnie S. Reidy. Property Address: 4 Mifflin Road. Tax Parcel: ED-05-076.09-01-11.00-000.
Council District 1. Ordinance #2021-13.
Representatives: Mr. Jonathan Street, Becker Morgan Group
Mr. Swierczek stated that this is an application for a Rezoning at the corner of Forrest Avenue
and Mifflin Road. It is a 1.248 acre site; its currently the location of a single family dwelling that
is vacant. This is the proposal only for the Rezoning; however, the applicant has indicated that
they would intend to put in a service establishment specifically noting a car service with drive-
thru. That would be subject to a separate Site Development Plan and review application. Again,
this would only be for the Rezoning. The current zoning designation of CPO (Commercial
Professional Office Zone) with the COZ-1 (Corridor Overlay Zone) is to go to C-2A (Limited
Central Commercial Zone) while retaining that COZ-1 (Corridor Overlay Zone) designation.
There is a single vehicle access point on the site via driveway toward the south of the property.
There is no pedestrian access onto the site at the moment. With this property in the immediate
vicinity, they do have a Land-Use designation of Low Density Commercial; however, it is still
retaining some of the original Low Density Residential character. The properties were subject
originally in the previous 2008 Comprehensive Plan. They were designated Low Density
Residential; however, in 2012 the owner of this property and the two neighboring properties to
the west and south had sought a Comprehensive Plan Amendment to change the Land-Use
designation to Low Density Commercial. It is from that change of Land-Use that allowed the
Rezoning to be the current CPO (Commercial Professional Office Zone). The Rezoning
proposed today to the C-2A (Limited Central Commercial Zone) is consistent with the 2019
Comprehensive Plan Land Use which recognizes the fact that Forrest Avenue is in a commercial
corridor. It has developed significantly over the years as this main access point to Downtown
Dover from the west has developed. Planning Staff is recommending approval. It is again,
consistent with the Land Use designation of the 2019 Comprehensive Plan. They are proposing
to retain the COZ-1 (Corridor Overlay Zone) which again is a zoning overlay which is to have
added specificity in terms of attractiveness, design and its relation to the main road frontage.
They do note that a service establishment would be a permitted use in the C-2A (Limited Central
Commercial Zone) but again, emphasizing that any development of the property would be
subject to a separate Site Development Plan Application to the Planning Commission and would
have its own public hearing.
Mr. Street stated that the application in front of them is a Rezoning. It is the corner piece of
property shown on the exhibit on the screen. A Rezoning within the City needs to meet three
tests. One is compliance with the Comprehensive Plan, second is access of public services
available to the site, and the third is compatibility with the existing zoning in the surrounding
area. Staff has already indicated compliance with the Comprehensive Plan. Public services are
available for the area as it is right on the western edge of the City itself. He will take a moment to
discuss why they feel that this is compatible with the existing zonings in the area. As Mr.
Swierczek indicated, Forrest Avenue has become the main access point to the City from the
west. Development of the City is actually projected to be from the west. The City’s own
Comprehensive Plan shows Category 2 and Category 3 (Annexation Areas) are on the western
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edge of the City’s current boundary. He would submit that the C-2A (Limited Central
Commercial Zone) is an appropriate zoning for the area. As you can see from the exhibit, there is
a Wawa and a McDonald’s in the area that are also zoned C-2A (Limited Central Commercial
Zone). CPO (Commercial and Professional Office Zone) is a commercial zone that is in the area
and surrounding parcels. As you move east, you get into more of the strip center type zones
where the Talbots are located and the bank across the street along with Greentree Shopping
Center. With that, he would submit that they meet the three-legged test of a Rezoning. They are
in compliance with the Comprehensive Plan, they have access to public facilities, and it is
compatible with the existing zonings in the area. As Mr. Swierczek has indicated, with this
application the applicant has indicated that they do wish to further develop the site into a service
establishment. There are no formal plans. It is just their desire that they have expressed that to
him but there is nothing further.
Mr. Adams questioned what allows this application to C-2A; was it the previous Rezoning that
was done just recently in the last couple years that designated those three parcels altogether as
commercial? Responding to Mr. Adams, Mr. Swierczek stated that is correct. In the 2008
Comprehensive Plan these properties were retaining a Low Density Residential designation for
the Land Use. In 2012, the owners of the three properties jointly filed for a Comprehensive Plan
Amendment to have them changed from Low Density Residential to Low Density Commercial.
That allowed the Rezoning then to CPO (Commercial and Professional Office Zone) which it is
today. In the 2019 Comprehensive Plan update, which they have finally been getting towards the
end of, those properties do retain the Low Density Commercial recognizing the expansion of the
commercial east/west corridor of Dover.
Mrs. Maucher opened the public hearing.
Mr. Bob Harrison & Mrs. Rose Harrison – 24 Mifflin Road Dover, DE 19904
Mrs. Harrison stated that they would like to raise some concerns that they have regarding the
application. This application is stated to be for a drive-through car wash. These facilities are
known for adverse environmental impacts including noise from blowers and vacuums. A high-
volume service such as a car wash or should this deal fall through, would it mean increased
confusion at an already busy intersection. It is used by pedestrians of all ages throughout the day
and for vehicular access for the residents living on Mifflin Road and for those transferring
between Route 8 and Route 15. Their third concern is for the other impacts of a car wash or other
C-2A (Limited Central Commercial Zone) establishment in this residential neighborhood. This is
the eastern edge of the residential area along Forrest Avenue. They urge that the zoning remain
CPO (Commercial and Professional Office Zone). They hope that Mr. and Mrs. Reidy find a
suitable buyer for uses within the current zoning.
Mrs. Maucher closed the public hearing.
Mr. Adams moved to recommend approval to City Council for Z-21-04 Lands of Peter F. and
Bonnie S. Reidy at 4 Mifflin Road to rezone the property to C-2A (Limited Central Commercial
Zone) subject to the COZ-1 (Corridor Overlay Zone), seconded by Mrs. Malone and the motion
tied 4-4 by roll call with Mr. Baldwin absent. Mr. Adams voting yes; he would note that any
development of this project would come back to the Commission for full review and oversight.
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Mr. Roach voting no; due to the fact that we already know that their intention is a drive-through
car wash and because of the amount of traffic volume that we already have on that road from
Wawa, McDonald’s, Dover High School and the apartment complexes. Anyone who has been on
that road at one point in time can agree that a car service with a drive through would make it
very hectic on that road. Mrs. Malone voting yes; based on the comments from Mr. Street and
Mr. Adams. Mr. Hartman voting no; based on the concerns with traffic. Mrs. Lord voting yes;
based on the fact that it is mostly an industrial traffic area. Mrs. Welsh voting no; for the same
reasons as stated by Mr. Roach. Dr. Jones voting yes; with reservation. She echoes Mr. Adams’
concerns but for the sake of the Rezoning she votes yes. Mrs. Maucher voting no; it is still zoned
CPO (Commercial and Professional Office Zone) so there are other opportunities for projects
under that zoning. She shares the concerns with traffic and at this point, the more restrictive
zoning is appropriate for that particular intersection.
Mrs. Melson-Williams stated that with a 4-4 vote, they can pass that information along to City
Council. There is technically not a recommendation one way or the other. She isn’t sure if Mr.
Hugg has any guidance to give to them at this point.
Mr. Hugg stated that she is correct. It would go forward to City Council with no definitive action
from the Planning Commission. It was a split result ending in a tie.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue - Public Hearing and Review
for Recommendation to City Council on a Rezoning Application for a parcel of land consisting
of 5.04 acres. The property is zoned R-10 (One Family Residence Zone) subject to the COZ-1
(Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone)
subject to the COZ-1 (Corridor Overlay Zone). The property is located on the north side of
Forrest Avenue and adjacent to Cranberry Run Drive. The owner of record is Draper Farm
Properties LLC. Property Address: 1617 Forrest Avenue. Tax Parcel: ED-05-075.00-01-07.00-
000. Council District 1. Ordinance #2021-14.
Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Doug Walker
Mrs. Melson-Williams stated that this is a request for Rezoning. The site is the bright blue
colored parcel that is located on the north side of Forrest Avenue right at the intersection with
Cranberry Run Drive that goes into the residential neighborhood known as Cranberry Run. You
can see from the aerial that there are a number of residences surrounding this parcel. The parcel
itself previously did have a dwelling unit on it and a series of agricultural related outbuildings;
and it was under active cultivation. The property owner is Draper Farm Properties, LLC. That
same entity also owns other properties a little further to the west also on the north side of Forrest
Avenue; however, this Rezoning application is only pertaining to this five-acre tract of land that
is designated here directly adjacent to the Cranberry Run Drive. The property currently is zoned
R-10 (One Family Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). As
noted, the applicant is seeking rezoning of the property to C-2A (Limited Central Commercial
Zone) and also remaining subject to the COZ-1 (Corridor Overlay Zone). The City’s 2019
Comprehensive Plan for this property in particular, has a Land-Use Category of Mixed Use. The
Comprehensive Plan talks about the goals for Mixed Use land areas. It was actually a specific
request during our Comprehensive Plan review process that happened a couple of years ago. The
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property owner at the time sought that land use classification of Mixed Use. With a Mixed Use
Land Use Category, there are a number of zoning districts that are eligible under that Land Use
Category. With a Land Use Category, it gives them a list of potential zoning districts. Those
include the C-2A (Limited Central Commercial Zone), TND, C-1 (Neighborhood Commercial
Zone), C-1A (Limited Commercial Zone), and then a series of residential zones including R-8
(One Family Residence Zone), the R-10 (One Family ) that it is now RG-1 (General Residence
Zone), RG-2 (General Residence Zone), RG-4 (General Residence Zone for Multistory
Apartments ), C-3 (Service Commercial Zone), CPO (Commercial Professional Office Zone),
and IO (Institutional and Office Zone). The COZ-1 (Corridor Overlay Zone) is a zoning overlay.
It is not related to use but related more to development activity. It places a series of what we
would deem architectural, parking and landscaping guidelines to be followed during the
development of a particular property. The use of the property is subject to what the base zoning
is and in this case, they are seeking the C-2A (Limited Central Commercial Zone) that allows for
a variety of uses. With a Rezoning comes the ability to reference that use list. Tonight does not
approve any particular use for the property. It would provide for a different zoning district to
potentially be applied to the property for future development activities. The C-2A (Limited
Central Commercial Zone) has a mix of retail, service establishments, restaurants, places of
public assembly, and also some residential types of development in the form of one family
residences. Duplex units, apartments or multi-family dwellings are also an opportunity under this
zoning district. The C-2A (Limited Central Commercial Zone) also has several Conditional Uses
that would be subject to a specific review and authorization process and that is where they find
the use of fuel pumps as accessory to a permitted use. The owner, as noted in their application,
was seeking for the C-2A (Limited Central Commercial Zone) to potentially develop the site for
a retail store with fuel pumps which would be an accessory use. That is not being locked in
tonight; we are just considering the Rezoning of the property.
In the DAC Report, they provided advisory comments as well as the Planning Staff
recommendations. Planning Staff is recommending for approval of the Rezoning to C-2A
(Limited Central Commercial Zone). They find that it is consistent with the 2019 Comprehensive
Plan in the Mixed Use Land Use Classification. However, they do note that there is significant
residential character to this area and that perhaps a different zoning district may be more
appropriate that could certainly be considered that would allow for some type of commercial
activity but on a smaller scale that is perhaps better to serve the immediate residential area. The
Rezoning as noted tonight does not grant approval for a specific use of the property but makes
the future development and land use of the property subject to a specific list of uses permitted or
potential conditional uses. The DAC members did provide comments for Rezoning and most of
those are no objection to Rezoning with some advisory comments regarding future development
activity should that occur. Planning Commission is making a recommendation on this
application; that recommendation gets forwarded to City Council.
Mr. Street stated that they are asking for Rezoning of the parcel. This is a Rezoning so it has to
meet the three tests. One is the Comprehensive Plan, two is the public services and the third test
is, is it compatible with the existing zonings in the area? He would submit that it is in compliance
with the Comprehensive Plan. There are public services available on Forrest Avenue although
they are a little bit further west and they are probably on the furthest west lot with the exception
of Cranberry Run to the City of Dover. As stated before, Forrest Avenue is the main corridor
from the west into the City. He would submit tonight, as you travel the corridor and you look at
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the City itself, they are the furthest west within the City itself. If you look at the corridor as a
whole running all the way out west to the Royal Farms at the light to get into Hartly, you have a
smattering of residential properties, agricultural uses and commercial zoned or commercially
utilized properties. They are not in large groups. They usually occur around intersections but
there is that smattering of commercial uses along that entire corridor. As stated previously in the
City’s Comprehensive Plan, the City’s expansion is basically to the west. If you look at the
Comprehensive Plan Map 13-1 showing Potential Annexation Areas, everything on the left hand
side of the City is in a Category 2 or Category 3 priority in long term annexation targeted areas.
There have been a lot of comments tonight, especially on the previous application, about traffic.
He had a list of about 19 people that have emailed, called or written in opposition of this
application. He would suggest that the Planning Commission understand that this is a Rezoning;
this is not a Site Plan. This application actually has no future plan. This is a step one of a
multiple step process. Even if they were to do anything with fuel pumps, they would have to
come back before the Planning Commission for not only a Site Plan but for Conditional Use of
fuel pumps. There is no plan for that; there is no equitable owner on this. Any traffic or
pedestrian issues or safety issues that are brought up would have to be dealt with within the Site
Plan itself. Those would definitely be dealt with either with Staff or through DelDOT. They have
spent a considerable amount of time with DelDOT on entrances and improvements like this and
he would submit that probably twice the amount of time that they used to in the past. He read all
of the emails in the two different packets to the Commissioners and the majority if not all of the
concerns are site related issues like safety, traffic, lighting, and noise. He doesn’t fault them for
their concerns but it is a perfect opportunity at Site Plan time to bring up these concerns. Quite
frankly since they have made an effort to actually write their concerns down on paper, all it does
is give the owner of the property a list of things that they need to consider when they are
developing this piece of property in the future. They can work with within those parameters and
take them into consideration as they develop the site but as of right now, they don’t have those
plans. A lot of those things would have to be met during a Site Plan process. As for the Rezoning
itself, zoning has to meet three legs of a stool; compatibility with existing zonings, access to
public services and compliance with the Comprehensive Plan. Although he understands that
there is a large amount of public opposition to it, the public opposition is in relation to a Site Plan
that they just don’t have. He would ask that the Commission make a positive recommendation to
City Council for the Rezoning to allow them to possibly get to Step 2 and Step 3 which are
developing something. That is what this does; this enables the owner and the developer to come
up with a plan and right now, they don’t have one.
Mr. Walker stated that the one thing that he would add is that there is an incredible overlay
district as well. There is a whole different set of requirements for what needs to be done there.
He thinks that Mr. Street stated it well.
Mr. Hartman stated that he opposes this and he would like to disagree with Mr. Street; this isn’t
Step 1 of the process, this is Step 2. Step 1 occurred back when the Comprehensive Plan was
drafted and Mrs. Melson-Williams referenced that a little bit. But in order to give the public a
better view of what went on at that August 2019 meeting, he would like to cover just a few of the
basics. He would also like to direct the public to go to the City website, download those meeting
minutes from December 16, 2019 and see what the applicant said about this parcel of land then
when they were advocating that the land designation be changed to Mixed Use. At that time, the
Planning Office was advocating that the parcel remain Residential. He is reading from the
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minutes; the Planning Office said “they can’t recommend the change in the land use. The
character and the existing use of the immediate area of the subject parcel is residential.” The
Planning Office was not supporting any change at that time. Unfortunately when the applicant
came before this Commission, they made some assurances about what was going in here and the
flexibility of the Mixed Use designation. Five of the six Commission members agreed with that
and voted to approve this Mixed Use land (use) category which opened the door to what we are
seeing tonight. Would the Planning Office consider C-2A (Limited Central Commercial Zone)
designation a high intensity commercial? Responding to Mr. Hartman, Mrs. Melson-Williams
stated that C-2A (Limited Central Commercial Zone) is definitely a mix of commercial
opportunities from a use perspective. In the Comprehensive Plan, the C-2A (Limited Central
Commercial Zone) category falls into both what they would consider Commercial Low Intensity
and Commercial High Intensity from a Land Use Category perspective. It really comes down on
a question of intensity to ultimately what is the built-out version of the property. With this
subject site, the COZ-1 (Corridor Overlay Zone) is going to have a lot of implications on the
buildout of the site because of the significant buffering and design placement requirements. She
thinks that certainly the C-2A (Limited Central Commercial Zone) on the question of intensity
can lean both ways. She doesn’t know if Mr. Hugg has any additional comments on that from
more of the economic development side of things.
Mr. Hartman stated that with the designation of C-2A (Limited Central Commercial Zone), he
thinks it is pretty clear in the Comprehensive Plan. The separation of high intensity and low
intensity is in Chapter 12. Would you consider a convenience store as low intensity? Responding
to Mr. Hartman, Mrs. Melson-Williams stated that it depends on the design of the site and its
general location.
Mr. Hartman further questioned if she would consider a convenience store with gas pumps a low
intensity? Responding to Mr. Hartman, Mrs. Melson-Williams stated that when you have
basically two uses, you certainly increase intensity. With the gas pumps, you have certainly more
traffic that could be visiting that site because you are offering another retail component.
Mr. Hartman stated that he would advise the residents that are opposing this tonight to go to the
Comprehensive Plan and look in Chapter 12 at the Commercial Low Intensity areas on Page 12-
13 and the Commercial High Intensity areas also on Page 12-13 and remember that when you go
to City Council. The City Council meets on July 12, 2021 so the residents opposing this should
definitely be at City Council to voice their opinions there. He hopes that they take those meeting
minutes from December 16, 2019 and Chapter 12 from the Comprehensive Plan to City Council
to discuss this. Also the fact that the Planning Office itself in 2019 was saying that High Intensity
Commercial should not go in there and that it should be residential.
Mr. Adams stated that he can always count on Mr. Hartman to do his homework and he
commends him for that great work. His question is sort of piggy-backing on his comments.
Given the opposition back then, it appears that there has been a change of heart with Planning
Staff. Now, Staff does recommend that the property be rezoned to C-2A (Limited Central
Commercial Zone) while retaining the COZ-1 (Corridor Overlay Zone). How do we marry those
two things together? The opposition from the original Rezoning with the idea that it should be
kept residential. And now, we have sort of swung the other way to recommending this Rezoning,
certainly understanding that Rezoning is not a Site Plan approval. Responding to Mr. Adams,
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Mrs. Melson-Williams stated that in the Comprehensive Plan, she believes that the applicants
original request was for straight up Commercial Land Use Classification and a number of those
don’t allow for residential or are a very limited residential. The C-2A (Limited Central
Commercial Zone) is truly a mixed zone. They see a lot of activity and C-2A (Limited Central
Commercial Zone) may be more of that is commercial but it allows for a mix of uses to happen
on the property. Be it in the same building or in separate buildings, it allows that opportunity for
mixed use. When they go to the Comprehensive Plan as adopted to place the Land Use Category
of Mixed Use on this parcel, then they are looking at the goals of the Mixed Use area as part of
the Comprehensive Plan. They cited that in their Report where it is discussed. The goals for
Mixed Use areas are to encourage neighborhood centers. Some of that allows for commercial
services perhaps to be within walking distance of residential areas and to promote both what
could be vehicle access as well as pedestrian access or multi-modal opportunities. This is a
pocket of truly residential with a large school site nearby. They do recognize that but they think
that there are opportunities for a mix of uses. Just a straight Commercial zone probably at the
time that they were looking at the Comprehensive Plan was the reason for the original
opposition. But for the Mixed Use, they are encouraging that life is changing how land uses are
not as segregated as they once were throughout the City. They think that this is an opportunity
which is why they recognize that C-2A (Limited Central Commercial Zone) is compliant with
the Comprehensive Plan. They do note in their comments that if that is a zone that is a little bit
too much, there are some other commercial zones that could be considered as more appropriate
for the location. They didn’t make any particular recommendation but there are certainly others
that could be considered as more appropriate. She would also go to Mr. Hugg for additional
comments on this transition and more from the Planning Office in their opinion of what was
presented from consideration.
Mr. Hugg stated that he thinks Mrs. Melson-Williams summarized quite well the deliberations
that we had. As Mr. Hartman points out, this matter did come back to the Planning Commission
where it was discussed again at some length. He thinks that their collected judgement after some
reconsideration and looking at the goals from Mixed Use was that it was a more appropriate land
use designation and that land use designation carries a variety of opportunities for commercial
and residential activities to occur. The C-2A (Limited Central Commercial Zone) category is
perhaps at the edge of where one might describe commercial as low intensity or high intensity. It
is certainly not in the same class as the kind of high intensity commercial uses that they have
designated elsewhere in the City where that kind of activity makes more sense.
Mrs. Welsh stated that during the presentation from Mr. Street, it was mentioned a couple of
times that there is really no plans as of yet as to what they want to do with the property. So, she
is a little bit confused as to why the application says that the identified potential use would be a
convenience store with fuel pumps. It seems like that is the primary consideration for any future
plans. Is there some other use planned that could be different than that that would be more in line
with a lesser commercial use or more in tune with some residential use? Responding to Mrs.
Welsh, Mr. Street stated that they struggle more often than not with Rezonings or tying a Site
Plan to a Rezoning. There is a line item that asks what the intended use is and that is how they
get tied into Site Plans with Rezonings. Thank you to Mr. Hartman for the history; he was not
involved in those meetings. You always do your homework with past issues on the project. What
was requested from Staff previously, he is unaware of. His understanding of the conversations is
the potential for something of that nature, but he has no knowledge of any formal plans or any
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formal uses for that. Clearly, they picked the most controversial use that they could possibly pick
for C-2A (Limited Central Commercial Zone), but they are trying to engineer and discuss a Site
Plan that they just don’t have a Site Plan for.
Mr. Roach stated that this is probably his first time of ever being on the Planning Commission
and not being in favor of two applications in the same meeting. He doesn’t think that it has ever
happened with them. He thinks that they are really progressive in regards to site developments
and land developments and approval of rezoning. But he just wants to continue his reluctance
when it comes to rezoning situations because yes, it is just a Rezoning but once they do rezone it
does allow permitted uses. They have run into situations where once they rezone the property,
they have been more handcuffed and have less say so because if it is a permitted us, it becomes a
little more difficult for them to say that they disagree. Also, it is a five-acre site. So, he is just
imagining that when he is looking at uses that are permitted for the C-2A (Limited Central
Commercial Zone), it is for retail, hotels, restaurants or a lot of other things that they could put
there even if it’s not a gas station. He is a social worker and putting something like that right
across the street from a high school with kids that have a lot of walking back and forth is an
issue. Again, it is on Route 8. It is a five-acre site smack dab in the middle of residential area
where there are eighteen people in that area who are already opposed to the Rezoning. He thinks
that they are playing with fire. This is a five-acre site with opportunity to do a lot of different
things. He appreciates Mr. Street for being very upfront in saying that he doesn’t have an idea.
But again, the same thing that Mrs. Welsh said; it says right on the application the intended use is
a retail store with accessory use for gas pumps. So if you don’t know, you at least have an idea of
what you direction you are going. Honestly to him, putting a gas station right across the street in
this area would not be beneficial in his opinion. He appreciates everyone and all of the residents
that reached out; continue to do so because at the end of the day yes, we want to build up our
developments, but he believes that the people of Dover are the people who should be actually
having a voice in this situation.
Mrs. Maucher opened a public hearing.
Mrs. Melson-Williams stated that she wanted to make reference to the written public comments
that they received. A number of those people are on the call tonight hoping to participate but she
just wants to make sure that their written comments are referenced. In the Planning Commission
Packet that went out on June 11, 2021, they received two emails. The first one being from Jaime
and Lenny Palanca of 110 Falmouth Way which is within the Cranberry Run subdivision
objecting to the Rezoning. The second email was from Richard and Victoria Stoops for 1590
Forrest Avenue; again, objecting to the Rezoning. Those emails went out the Planning
Commission packets and those were entered into the record this evening. Today, Staff gathered
the comments that they received over the last few days. There is a total of seventeen of them plus
another one that came in after they were distributed to the Commission. This is the Public
Comment Set #2 and it is a series of emails received through 4pm today, June 21, 2021. These
were collected, inventoried and emailed to the Planning Commission members. She is just going
to quickly read through them. These are all opposed or noting some type of rejection to the
Rezoning with the exception of one which was ensuring that they were requesting an opportunity
to speak this evening. We have emails from Richard Smith; an email from Beverly Sutton at
1618 Forrest Avenue; an email from Jack Sutton also from 1618 Forrest Avenue; an email from
R. Nesline of Cranberry Run; an email from Jessica Parcher in the Heatherfield neighborhood;
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an email from Connor Mahoney also from Heatherfield: an email from C. Faubel objecting; an
email from James and Jean Ritter also opposing the Rezoning; and an email from Judy Weiner of
21 Stoney Drive. Emails received today include those from Karen Nickerson of 24 Stoney Drive;
an email from Yvonne Biddle; an email from John Davis requesting the opportunity to speak this
evening, and two emails from Richard Heisler (one that was received this morning and then one
that was received after 4PM). Both are similar in content but she will reference both of them for
the record. There is an email from Robert Hice of 124 Chelsea Way in Cranberry Run. There is
an email from LaTende Henry of 118 Falmouth Way. There is an email from Patricia Cohen of
1602 Forrest Avenue. The last is an email from Jackie George of Cranberry Run. All of those
emails are entered into the record and were provided to the Planning Commission members.
Mr. Jack Sutton – 1618 Forrest Avenue Dover, DE 19904
Mr. Sutton stated that he has lived here for 18 years and this is a great side of the town to live on.
They built the school back here and they really enjoy the school. He didn’t approve of it at first,
but he really enjoys the school. The kids and everybody does a good job. This is a great place to
live; everybody knows everybody here and there is no trouble. He loves it here. You need to
keep that place residential with just single-family dwellings. This is a hell of a place to raise kids
or even for elderly people. We all stick together on this side of town. There is so much traffic
here as it is. If you put something here, it is just going to amplify accidents or kids getting hit.
We have all kinds of people that jog or walk here. There are elderly and young and they walk
with their families and pets. This is a great place to live; don’t mess it up by sticking something
like that in here. This is a place that you want your kids to grow up. Don’t screw something up
that works. That’s the problem with government and companies; everybody wants to make
money. And sometimes it is not all about the money; it is about a good quality of life. He is
begging the Commission to please leave it residential. This works and we need to keep
something in Dover that works.
Ms. Karen Nickerson – 24 Stoney Drive Dover, DE 19904
Ms. Nickerson stated that she won’t be redundant and say what she has already wrote but the
traffic on Route 8 is horrendous. If anybody tries to get out of Heatherfield or Cranberry Run,
they sit and wait. They don’t need something else between our two developments that is going to
produce more traffic and more waiting. These two developments are the westernmost residential
areas in the City limits if she is looking at the correct map. She believes that the Commission
needs to leave it residential.
Mr. Guy Smith – 8 Yarmouth Way Dover, DE 19904
Mr. Smith stated that there is a lot of traffic on Route 8 especially since they have built the
school. They have basically one area to get across the street for all of the students living in the
four subdivisions on the north side to get to the school. A lot of them have to walk two or three
blocks in the wrong direction to cross the street safely and walk back. High school students don’t
do that. They are already coming out of Cranberry Run and go right across the street right at the
end of the residential areas on the south side. He sees people that are walking and jogging doing
it also. From what he understands, when all of the school was developed they said that they
could not put a stop light at Cranberry Run or Heatherfield because of the proximity of the other
two down at Mifflin Road and at the other end of the school. If you put in any type of
commercial endeavor here with no light, you’ve got three subdivisions and a bunch of individual
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homeowners that only have one access to the road. We already sit and wait. Sometimes in the
morning he could wait 30 minutes to get out of his subdivision. You can’t continue adding more
and more traffic without additional ways to alleviate that traffic. He doesn’t care so much if they
say they are going to change it to some other zoning that might keep it to a low density or if you
say you are going to put duplexes or something other than single family homes but it needs to
stay residential. It needs to have the access to the main road which right now, is very limited as it
is. He doesn’t know who you are going to get more and more people on this road safely. If you
put a convenience store here, he can guarantee you that those high school kids are going to go to
lunch crossing that highway to get to the convenience store. You have already said that they
can’t put more crosswalks or things like that in there because of the proximity of others. You are
going to be increasing the danger to our children and to other residents that are going to be
crossing this street more than what they do now. He hopes that the Commission really takes that
into consideration and keeps this in the residential arena.
Ms. Louise Bordley – 43 Stoney Drive Dover, DE 19904
Ms. Bordley stated that she has been here for 20 years and has seen a lot of changes. She knows
that you have heard over and over again how bad the traffic is but what you don’t know is this.
She is 69 years old and she has always been a safe driver. She is now taking chances trying to get
on the other side and almost having accidents. She believes that if you rezone now, then they are
going to come right back to try to stop what they are going to build.
Mr. Chuck Hampton – 13 Stoney Drive Dover, DE 19904
Mr. Hampton thanked Staff and the Commission for their patience and kindness. He believes that
it compromises the neighborhood. A gas station will not only put gas in your car but crime will
increase in the neighborhoods and can endanger the lives of the high school kids. This can also
create a negative impact for the sale of homes. When you look at that beautiful area, putting a
gas station there just doesn’t work and it doesn’t look nice.
Mrs. Heather Hampton – 13 Stoney Drive Dover, DE 19904
Mrs. Hampton stated that her main concern is the noise level. Based on the Wawa down the
street, there are constantly motorcycles with their radios on and she just thinks that is an awful
thing to have.
Mr. Griffin DuBreuil – 23 Stoney Drive Dover, DE 19904
Mr. DuBreuil stated that he would be opposed to this Rezoning attempt. He has been here for
35+ years and the traffic has increased exponentially over the years. Should this be rezoned to
commercial, you could have a potential for higher crime. Should a gas station get built here, it
will cause crime, light pollution, gas pollution and water pollution. It would just ruin the
character of this side of town; and he is so hardly opposed to this Rezoning.
Ms. Yvonne Biddle – 1598 Forrest Avenue Dover, DE 19904
Ms. Biddle stated that she lives directly across from the property. She agrees 100% with
everything that has been said.
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Ms. Jean Ritter – 106 Falmouth Way Dover, DE 19904 (technical difficulties speaking)
Mrs. Melson-Williams stated that Ms. Riddle wrote in the chat, “With more understanding of
what C-2A (Limited Central Commercial Zone), this Rezoning opens pandora’s box. Basically,
it allows just about anything to be put on this property. This is not a logical change with mostly
residential and a high school within close proximity. Please add this to the public record.”
Mr. John Davis – 4 Stoney Drive Dover, DE 19904
Mr. Davis thanked the Planning Staff for the help that they have given him. He also wanted to
thank Commissioner Hartman for the information. Mr. Street mentions that the proposed use as a
convenience store and that there is no plan. The fact of the matter is that this particular zoning
will in fact allow something for that and they have expressed an interest in a Conditional Use.
When you pass this zoning law, that will in fact be an allowable use. He thinks that it is totally
inappropriate. He has researched some of the potential retail establishments along these lines.
One of the reviews that they got was that this was the place to be at 2AM in the morning because
they’ve got everything you need. When you look at that and compare it to Wawa, which at one
time because of some problems with after parties that were going on over on College Road, they
had to shut down. There have also been burglars constantly patrolling Wawa lots. None of these
stores are equipped to police those places. One of the things that concerns him is that as
somebody who has had experience in public schools is that this particular place is going to attract
kids from Dover High School. Granted the High School is going to do a stellar job to keep those
kids on campus, but they are going to run across the street and someone is going to get hit. When
you look at the map, that as opposed to the previous project on Forrest Avenue, which is a mile
away from this particular location, it is all single-family dwellings. Every single one of those go
on the west side of Stoney Drive, across the street on Forrest Avenue, and all of Cranberry Run
are all single-family dwellings and he thinks that is what the propriate zoning should be. He is
opposed to any kind of change.
Ms. LaTende Henry – 118 Falmouth Way Dover, DE 19904
Ms. Henry stated in the chat that she is here for the Route 8 Rezoning and she will not be
speaking since she sent an email earlier.
Ms. Lynn Sadusky – 16 Stoney Drive Dover, DE 19904
Ms. Sadusky stated that she is a new resident to Heatherfield but not to Dover. She has lived here
since 1969. She wants to second what everyone said tonight especially Mr. Hartman and Mr.
Roach. She wants to thank them very much for speaking up for the residents in the Dover
community that live surrounding this site. She thinks that they have at least 150 families in East
Heatherfield. She is sure that there is an excess of 80 families in Cranberry Run, at least 50 in
Heatherfield West,0 and then the neighbors across Route 8 who would be severely impacted. She
is opposed to this Rezoning. The property is surrounded by residential areas and this property
should stay residential. She thinks that one of the biggest concerns in addition to the traffic
problem that we are already facing when trying to leave the neighborhood is the students at
Dover High School and the unsafe situation that it would put them in. She just wants to say that
when the High School first opened up, she was working at Dover High School. If she left the
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house at 7AM, there was no way that she could get into the high school traveling just 5 miles
because of the traffic on Route 8 when school is in full swing. She would have to go around
through Sharon Hill Road and Deer Track Lane and come in from the west side just to get into
Dover High School on time. It has been a problem and it remains a problem. She thinks that one
of her neighbors said that she has to schedule doctor’s appointment around other times of the day
instead of start and end times for school because it is very difficult to get out of the
neighborhood. She just wants to urge everyone to please pay attention to the neighbors who will
be immediately impacted by such a change. This is our home; this is where we live and people
want to feel safe and comfortable in their homes. Such a development of commercial use for that
property would make us feel less safe and less comfortable. She also wants to ask everyone
listening, especially the Commissioners and developers. Would you like to live in Cranberry Run
or Heatherfield or across the street on Route 8 or if you had a child attending Dover High
School, would you want this property to be Rezoned?
Mr. Adewunmi Kuforiji- Capital School District 198 Commerce Way Dover, DE 19904
Mr. Kuforiji stated that as the Commission makes their decisions, he wants to encourage them to
make sure that they think about the investment that the community made with Dover High
School being set at that location. It is a great learning environment and he thinks that it is a great
flagship for the community. He hopes that it brings people into our community. They have tried
to build a learning environment that is safe for our students.
Mrs. Maucher closed the public hearing.
Mr. Hartman questioned that in the event that Commissioners thought that this land use
designation of Mixed Use was possibly a mistake, what would be the protocol for us to initiate a
return to the previous land use designation? This would be to prevent other applicants from
going down this same path. This is a residential area. What would be the protocol to change the
Comprehensive Plan to return this to the designation as a residential area? Responding to Mr.
Hartman, Mrs. Melson-Williams stated that amendments to the Comprehensive Plan and how
that process works is outlined in the Comprehensive Plan itself in Chapter 15. The
Comprehensive Plan on Page 15-10 notes that any amendments to the Comprehensive Plan are
approved by City Council by recommendation of the Planning Commission and they have a
review process with the Office of State Planning Coordination. Specific requests to amend the
Comprehensive Plan may be initiated by Planning Staff, City Council or applications from the
general public. It doesn’t specifically list the Planning Commission there, but she thinks that it
would take at least a motion to that affect to have Staff perhaps initiate that. They do
Comprehensive Plan amendments once a year and that filing timeframe is in December of each
year and then they are considered in the January through March timeframe of the following year.
Mr. Hartman stated in the event that this is not approved, if the residents don’t want to face this
in the future, you should contact your City Councilman or look at the Comprehensive Plan and
initiate a change to the land use designation for this area so that it returns to residential. Take that
Mixed Use category away from here and you won’t be faced with these commercial uses again.
To Planning Staff, would you be willing to initiate a change to the Comprehensive Plan to revert
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back to residential from Mixed Use? Responding to Mr. Hartman, Mrs. Melson-Williams stated
that she thinks that they would be looking at the Comprehensive Plan and if there was significant
change in a neighborhood area, they could bring forward something. She doesn’t know if Mr.
Hugg has any other thoughts. Typically, Staff has not necessarily done requests such as this that
she is aware of. She knows that they just did a series of amendments that were identified because
of zoning concerns related to their Comprehensive Rezoning Project.
Mr. Hugg stated that he thinks that first the matter before you tonight needs to be resolved
because you have an active application in front of you. They would certainly give full
consideration should the Planning Commission determine that is the direction that they would
like to see them move. Again, as Mrs. Melson-Williams indicated, the timing for such action is
specified in the Comprehensive Plan. But he thinks in fairness to the applicants and in fairness to
the process, you need to resolve this matter at both the Commission’s level and at City Council’s
level before we consider moving forward with some other change. He thinks that they owe that
much to all of the parties involved, whatever the ultimate recommendation tonight is.
Mr. Hartman moved to recommend to not approve (denial) to City Council for application Z-21-
05 Lands of Draper Farm Properties at 1617 Forrest Avenue and that is taking into
consideration public safety, the health and welfare, comfort and convenience of the general
public and the residents of the immediate residential area and particularly the comments that
they have read and heard this evening. Leave this at its current R-10 (One Family Residence
Zone), seconded by Mrs. Welsh and the motion was carried 8-0 by roll call vote with Mr.
Baldwin absent. Mr. Hartman voting yes to not approve; for reasons previously stated. Mrs.
Lord voting yes to not approve. Mrs. Welsh voting yes in favor of not approving; for reasons
stated in the motion. Dr. Jones voting yes; for reasons stated by Mr. Hartman and certainly for
the concerns and comments made by the residents in that area. Mr. Adams voting yes; he is quite
torn here but certainly tips towards the residents and their passion to please with respect to this
property. Mr. Roach voting yes; for reasons previously stated and due to all of the residents
sharing their concerns. He echoes those concerns and again he definitely is all in favor of
rezoning when it makes sense in regards to the area. But when you have this many people
opposed to it, he has to definitely vote in favor of the motion to not allow the rezoning for this
property. Mrs. Malone voting yes; for reasons stated, Mr. Hartman’s reasons, and also the
residents and property owner’s reasons. Mrs. Maucher voting yes; in looking at the goals of the
mixed land use, she thinks that there is opportunity for some commercial that blends mixed land
use toward pedestrian use and bicycle use which some of these larger commercial zones would
not allow.
S-21-06 Dover Park Recreation Projects: Community Building, Spray Pad & Accessible
Playground Improvements – Public Hearing and Review of a Site Development Plan to permit
construction of a one-story 2,619 SF Office and Community Building, Spray Pad, Accessible
Playground and other related site improvements. Two subject properties are part of the overall
seven properties which comprise Dover Park. The properties are zoned ROS (Recreational and
Open Space Zone). Dover Park is located on the southeast side of White Oak Road and west of
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Item 1.
CITY OF DOVER PLANNING COMMISSION JUNE 21, 2021
Acorn Lane with access from White Oak Road. The owner of record for all parcels is the City of
Dover. Property Address (All parcels): 1210 White Oak Road. Tax Parcels (Project Parcels):
ED-05-068.15-01-02.00-000, ED-05-068.15-01-01.00-000. (Other Parcels part of overall Dover
Park Site): ED-05-068.15-01-05.00-000, ED-05-068.19-01-28.00-000, ED-05-068.19-01-29.00-
000, ED-05-068.19-01-30.00-000, and ED-05-068.19-01-31.00-000. Council District 3.
Representatives: Mr. Robin Eaton, City of Dover Department of Parks & Recreation; Mr.
Michael Campbell, WRA
Mrs. Melson-Williams stated that this is a Site Plan Application. It is a proposal for three
components to expand the offerings at Dover Park which is one of the City’s major parks. It has
playground spaces, a variety of athletic fields, parking facilities, and some natural wooded areas.
The proposed project would add to that property: an Office and Community Building, a Spray
Pad Area and an Accessible Playground. The new building is 2,619 SF. It is proposed as a one-
story structure. You can see the architecture here (presentation on the screen) and it has kind of a
series of exterior finish materials in both masonry and shingle components. They are also making
use of some natural light with a clerestory window system with the angled roof. For those of you
that may remember, there previously was a building on the Dover Park site. It was demolished in
2014. As part of the City’s Recreation Needs Assessment, it has been one of the targeted projects
to put a building back within this Park for programming opportunities. The Park is zoned ROS
(Recreational and Open Space Zone). The Park has an access point from White Oak Road; the
entrance drive and a concrete paved trail that leads to the first parking area or the north parking
area. There is an existing pavilion and some play equipment in that area currently, but this is the
proposed site for development of these three new amenities. Again, being the Community
Building, which also includes some of the mechanical systems for the Spray Pad component and
then also expansion of the Playground opportunities with two different age areas for playground
equipment and a swing area. This whole facility that is proposed has a series of connecting
sidewalks and plaza areas. It includes bench seating and some shaded areas including tables.
There are a number of trees that would need to be removed for development of these facilities.
However, they are including trees planting of fifteen (15) new trees in this area, as well as a
number of planting beds that have other perennials and ground covers as you move around this
area. There is a heavier density to the landscaping plantings to the western edge of the
development area where the swings are. This part of the property is adjacent to a residential area
and there are some multi-family units neighboring to the west. There is some increased
landscaping in that area to mitigate any kind of noise in that area. Planning Staff did review this
and there a couple things that they are noting as part of their recommendations. The project in
this area does not include upright curbing. They recognize that as an existing condition. There is
a little bit of curbing near the proposed building location which will have some accessible routes
added in the form of ramps there. This site is connected to existing sidewalks and trails that lead
to it form White Oak Road. There is a good population density in this area that could be walking
to this Park so they want to make sure that that sidewalk is in good repair. They are
recommending that they include places for bicycle parking because there may be some travelers
that will arrive that way and to make sure that there is adequate parking for their bicycles as they
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Item 1.
CITY OF DOVER PLANNING COMMISSION JUNE 21, 2021
use the facilities here. They do also note that at least one of the tables should provide for what
they deem handicap accessible seating. That is really just in the choice of the type of table that is
provided so that it allows for a roll-up and under for someone who may be in a wheelchair to
enjoy that opportunity for seating at a table. It is noted that there is likely to be kind of a phasing
approach to construction of these amenities as funding allows with City budget and/or grant
opportunities that they are pursuing. They are encouraged to work with Staff and they will assist
in trying to identify nice clean breaks between amenities and requirements for pedestrian
connections and tree plantings in the area. The DAC agencies have also provided comments. A
number of them are really focused on when you add a building to a site, what you need for
services, and dealing with some minor stormwater management improvements that are planned
to kind of through piping, gather the necessary water for removal and get it into existing systems
that are already on the property. There are no specific Waiver requests that need to be addressed
this evening.
Mr. Eaton stated that Mr. Campbell is going to do most of the questions and answers with this
project.
Mr. Campbell stated that they are super excited about this project. The project is a total of five
different projects and what you see here are three of those projects with the new 2,600 SF
Community Building that will have a gathering room as well as provide restrooms for the
outdoor services which are going to include a new Spray Pad shown as the circle in the middle of
the plan. That is going to be a facility that utilizes a recirculation system that will provide
activated push button activities for all ages for water in the summer. It will be a very nice feature
for the community and for the City. The third piece of this is a fully Accessible ADA Playground
that will be in addition to the playground features that are on-site. They are going to be
modeling this off of some of the Can Do Playgrounds which are also located in the State. There
is one located in Wilmington, DE and also one in the southern part of the State. The nice part
about those playgrounds is that they are designed for all users. It will be designed for ADA
accessibility as well as many other disabilities that can use the site. As Mrs. Melson-Williams
mentioned, they are probably going to be looking at building the Building and Spray Pad first
depending on available funding. They are really far along with the plans and we hope to have a
final set of construction plans ready for advertisement by the end of the summer. As Mrs.
Melson-Williams mentioned, there was an existing building onsite before. This Building will
also house Parks and Recreation representatives, but it includes an office space as well as a
mechanical room for the building and pump room that will supply the pump mechanicals for the
Spray Pad. It will also include a gathering space that will hold fifty to sixty people for a small
event and for possible rent-outs for the Parks and Recreation Department.
Mr. Eaton stated that there is going to be an educational component to the Building. It is
replacing the old building that was there. They are very excited about this Building going in and
the things that they can do with the Building in that neighborhood and the programs and things
that they can have there.
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Item 1.
CITY OF DOVER PLANNING COMMISSION JUNE 21, 2021
Mr. Hartman questioned how many picnic tables there were going to be? Responding to Mr.
Hartman, Mr. Campbell stated that we currently show three tables that are just to the northwest
of the Spray Pad. They would be under a shade structure so they would have partial shade over
top of them. They also show two additional tables to the south of the Spray Pad as well.
Mr. Hartman further questioned how many of those have the roll-up capabilities for a
wheelchair? Responding to Mr. Hartman, Mr. Campbell stated that the plan set that they
submitted did call out one of those tables as ADA accessible but for some reason it is not
showing properly. At least one of those tables will have to roll-up capabilities, but they can
certainly look at more of those if desired.
Mr. Hartman stated that he was curious what the constraints were for having that capability for
all of the tables. Is it a cost, is it a design size? What is the constraint to keep that from
happening on all of the tables? Responding to Mr. Hartman, Mr. Campbell stated that it is
primarily the total number of seats that become unavailable having the one side of the table be
the roll-up for all users. He thinks that it really has to do with the total amount of seats for the
site.
Mrs. Maucher opened a public hearing.
Mr. Matthew Harline – City of Dover Assistant City Manager
Mr. Harline stated that this project is budgeted in the FY22 Budget for the City of Dover and the
only constraint that they have right now in terms of getting the project underway is approval of
this meeting. Then the funding has become a little bit more dicey because of the cost of lumber.
They are hoping that it will come down over the next couple of months. Then they can proceed
with this and by this time next year, they will have a constructed building.
Mrs. Maucher closed the public hearing.
Mrs. Welsh moved to approve S-21-06 Dover Park Recreation Projects: Community Building,
Spray Pad and Accessible Playground Improvements and it is great to see it, seconded by Mrs.
Lord and the motion was carried 8-0 by roll call vote with Mr. Baldwin absent. Mrs. Welsh
voting yes; it looks to be a well-developed plan and she thinks that it is sorely needed in that
area. She knows the area well and looks forward to seeing some great things happen there. Dr.
Jones voting yes; she concurs with Mrs. Welsh, Mr. Adams voting yes; he would like to see this
project get going for the residents in the City. Mr. Roach voting yes; for reasons previously
stated. Mrs. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; for the
comments by Staff and for the DAC Meeting of June 9, 2021. Mrs. Lord voting yes. Mrs.
Maucher voting yes; for reasons previously stated and she is very pleased to see it come to
fruition.
MI-21-07 Text Amendment: Permitted Uses within the SC-3 Zone - Public Hearing and Review
for Recommendation to City Council of Text Amendments to the Zoning Ordinance, Article 3 –
District Regulations, Section 17 – Shopping Center Development Zone. The proposed Ordinance
outlines additional permitted land uses within the existing zoning designation of SC-3 (Shopping
Center Development Zone: Regional Shopping Center). The proposed amendment to the
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Página 24
Item 1.
CITY OF DOVER PLANNING COMMISSION JUNE 21, 2021
Ordinance is to retain current permitted uses, but additionally include within the SC-3 Zone:
“warehousing, transshipment and distribution, and logistics support.” The proposed changes
reflect changing customer concepts of shopping, the decline of the traditionally large format
retailer, the influence of online retail operations, and the evolution of wholesale and the logistics
distribution sector. Ordinance #2021-12.
Representatives: None
Mr. Hugg stated that we are all aware that across the country traditional shopping centers and
traditional shopping malls are in decline. This is happening for a variety of reasons. Some of
them are because these are older and somewhat obsolete but more importantly because the
change in shopping and customer desires. In fact, we are seeing a lot of the large world
established retailers evolving into different kinds of businesses than they have traditional been
involved in. They have seen the growth in online retail, including something that he learned
about which is “buy online and pickup in store”. That is actually what is happening with Macy’s.
And also the fact that wholesaling supply processes that we used to know have changed
substantially. The Dover Mall certainly hasn’t escaped with all of these things going on in the
country. As a result, about 12% of the Mall is empty. For example, the Sears Store at 112,000 SF
is unlikely to ever be the retail anchor store. They have had some inquiries from time to time in
the City of Dover about facilities for wholesale and distribution logistics to support particularly
on the retail side, as they have witnessed with the Macy’s activity. Unfortunately, our current
SC-3 Zone does not permit that kind of use. It doesn’t prohibit it; it simply doesn’t include it at
all. The amendment that is before the Commission is trying to provide some additional flexibility
in the SC-3 (Regional Shopping Center) that would allow potential use of those areas for
wholesale, distribution and logistics. The Amendment before you would add wording to allow
wholesale, distribution and logistics. It would also clean up the language striking some language
that is undefined in the current Ordinance. They have had some inquiries about the Dover Mall.
They don’t have anything immediately pressing but this is a move that they are hoping to make
to make the City and the facility more interesting and accessible to other uses.
Mr. Hartman stated that the zoning doesn’t prohibit these activities. Would it be in the realm of
things to suggest a Conditional Use rather than a change to the zoning language? He doesn’t
know who else would benefit from this besides the Dover Mall. Responding to Mr. Hartman, Mr.
Hugg stated that at the moment, the only property under this zoning is the Dover Mall. Some
years ago the original mall, the Blue Hen Mall, was rezoned to SC-2 which is more of an office
focus. That is where the Social Security Office, Bayhealth, and the Veteran’s Administration
have located. He doesn’t know whether requiring this to be a Conditional Use as opposed to
allowing the use under this zone; he is not sure what that achieves. The proposal here is simply
to add it to the list of other uses that are allowed.
Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mrs. Welsh moved to recommend approval to City Council for MI-21-07 Text Amendment:
Permitted Uses within the SC-3 Zone, seconded by Mr. Adams and the motion was carried 8-0 by
roll call vote with Mr. Baldwin absent. Mrs. Welsh voting yes; based on Mr. Hugg’s comments
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Página 25
Item 1.
CITY OF DOVER PLANNING COMMISSION JUNE 21, 2021
and after reviewing the application, it is appropriate for the upcoming consideration for that
facility. Dr. Jones voting yes; based upon Mr. Hugg’s presentation and the fact that she would
like to see the Dover Mall form another personality. Mr. Adams voting yes; for the reasons
previously stated. Mr. Roach voting yes; for reasons previously stated. Mrs. Malone voting yes;
based on previous reasons stated. Mr. Hartman voting yes; based on the Report to the Dover
Planning Commission dated June 21, 2021. Mrs. Lord voting yes; based on what Dr. Jones
stated. Mrs. Maucher voting yes; based on reasons previously stated.
NEW BUSINESS - None
Meeting adjourned at 9:58 PM.
Sincerely,
Kristen Mullaney
Secretary
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Item 2.
From: Dover
To: CompPlan; Kevin R Minnich; Gateway Construction
Subject: EXTERNAL: Planning Commission approval extension for Site Development Plan: S-19-10 Dover Community
Pharmacy
Date: Wednesday, June 30, 2021 3:07:12 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Re: Site Development Plan: S-19-10 Dover Community Pharmacy at 1035 S Governors
Ave, Dover De
Dear Commissioners
The City of Dover Planning Commission granted conditional
approval to Site Development Plan S-19-10 for construction of
additional pavement in the rear parking lot of Dover
Community Pharmacy in July, 2019.
The Final Site Plan Approval was granted on December 31,
2019.
The country was hit with the COVID 19 pandemic and a
health crisis two months later. This created a lot of financial
uncertainty and difficulty in planning.
We are a pharmacy and considered essential and front line
responders. Our first priority has always been the health of our
neighbors and our community. As such, we maintained
operations to ensure we can provide Pharmacy services. Once
the COVID vaccines were available, we used resources and
personnel to ensure the community got vaccinated.
As the pandemic came under control, we have started working
on completing the project. We have contracted with Gateway
Construction INC for the project. They also have other projects
to complete.
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Item 2.
We would like to apply for a six months extension of time on
the approval from the Planning Commission, to allow for the
completion of the project.
We humbly request your approval on the extension of time.
Thank you.
Sincerely
Zahir Kasmani
Dover Community Pharmacy
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Item 3.
City of Dover
DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 7, 2021
PLANNING COMMISSION MEETING OF July 19, 2021
Plan Title: Lands of Tudor Enterprises, LLC at Tudor Business Park, SB-21-03
Plan Type: Minor Subdivision Plan
Applicant/Owner: Tudor Enterprises, LLC
Property Location: South side of South Little Creek Road west of Route 1 and east of Roberta Avenue
Property Address(es): 1014-1070 South Little Creak Road and multiple addresses within Tudor Business
Park
Tax Parcel: ED-05-077.12-01-02.00-000
Existing Parcel Area: 20.51 acres +/-
Parcels to be Created: Lot 1 (Residual): 19.37 acres+/-
Lot 2 (New): 0.98 acres+/-
Zoning (Existing): Proposed Residual Lot 1: C-3 (Service Commercial Zone)
Proposed New Lot 2: C-1A (Limited Commercial Zone)
Current Use: Lot 1: Tudor Business Park
Lot 2: Commercial (Multi-tenant Retail and Services)
Proposed Uses: No proposed changes in uses
P. O. Box 475 Dover, DE 19903 28
Community Excellence Through Quality Service
Página 29
Item 3.
City of
Dover
CITY OF DOVER Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: July 7, 2021
APPLICATION: Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor
Business Park
FILE #: SB-21-03 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196
I. PLAN SUMMARY
This Application is the review of a Minor Subdivision Plan to subdivide a property consisting of
20.51 acres +/- into two parcels (Lot 1 and Lot 2) and with right-of-way dedication. Lot 1
(Residual) is to be 19.37 acres+/- and encompasses the bulk of the original property area to the
east and south. Lot 2 is to be 0.98 acres+/- and encompasses the northwestern portion of the
property with frontage on South Little Creek Road. The subject property is located on the south
side of South Little Creek Road west of Route 1 and east of Roberta Avenue. The Tudor
Business Park property includes privately maintained, named drives internal to the site such as
Otis Drive. The property is zoned C-3 (Service Commercial Zone); however, the portion of the
property to be subdivided is zoned C-1A (Limited Commercial Zone). The owner of record is
Tudor Enterprises, LLC. Property Addresses: 1014-1070 South Little Creak Road and multiple
addresses within Tudor Business Park. Tax Parcel Number: ED-05-077.12-01-02.00-000.
Council District 2.
Previous Applications
This site was most recently the subject of Site Development Plan S-17-18 Frito Lay Building at
Tudor Business Park, which received Conditional Approval from the Planning Commission at
their July 2017 meeting. This Plan received Final Plan Approval in August 2019 but has since
expired without construction commencing.
An Administrative Site Plan S-20-14 DOV Kettlebell for a Wireless Communications Facility
Tower located on Lot 1 was submitted in November of 2020 and is awaiting Final Plan
Approval. The Plan required a variance from the allowable height in the C-3 zoning district and
on October 21, 2020 V-20-05 was approved by the board of adjustment to allow an increase in
the permitted height from 75 ft. to 105 ft. to accommodate the proposed telecommunications
tower.
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.
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Item 3.
SB-21-03 Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor Business Park
DAC Report of July 7, 2021
Page 2
Site Proposed Area
Acreage
Lot 1 (Residual) 19.37 acres+/- The bulk of the property which retain frontage
along South Little Creel Road and border the
proposed new lot to the south, and east
Dedicated for 0.09 acres+/-
R.O.W. (Lot 1)
Lot 2 (New) 0.98 acres+/- North Side of the property with frontage along
the southern edge of South Little Creek Road
Dedicated 0.07 acres+/-
for R.O.W.
(Lot 2)
TOTAL 20.51 acres+/-
The proposed subdivision is along the same boundaries of the two different zoning
classifications present on the existing parcel. This small retail facility is zoned C-1A (Limited
Commercial Zone) and the remaining bulk of the parcel is zoned C-3 (Service Commercial
Zone).
III. SUBDIVISION REGULATIONS REVIEW
The procedures for subdivision of land are found in the Land Subdivision Regulations, (Dover Code
of Ordinances, Appendix A). 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.
IV. ZONING REVIEW
C-3 Zoning District
The bulk of the property (proposed Lot #1) is zoned C-3 (Service Commercial Zone) and subject
to the regulations of Zoning Ordinance, Article 3 Section 15 and Article 4 Section 4.15. The
following table highlights some of the bulk standards for the C-3 (Service Commercial Zone).
Minimum Required C-3
Lot area -
Lot Width (ft.) 100 feet
Lot Depth (ft.) 100 feet
Front Yard Setback (ft.) 20 feet
Side Yard Setback (ft.) 15 feet
Rear Yard Setback (ft.) 10 feet
Side or rear yards which adjoin a residence zone (ft.) 30 feet
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Item 3.
SB-21-03 Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor Business Park
DAC Report of July 7, 2021
Page 3
Off-Street Parking Spaces
Per 300 sq. ft. floor area or 1
Per employee (whichever is greater) 1
Maximum Permitted:
Building Height: Stories 6
Feet 75
Floor Area Ratio 4.0
Lot Coverage 80%
C-1A Zoning District
The bulk of the property (proposed Lot #2) is zoned C-1A (Limited Commercial Zone) and
subject to the regulations of Zoning Ordinance, Article 3 Section 12 and Article 4 Section 4.14.
The following table highlights some of the bulk standards for the C-1A (Limited Commercial
Zone).
Minimum Required C-1A
Lot area -
Lot Width (ft.) 25 feet
Lot Depth (ft.) -
Front Yard Setback (ft.) 25 feet
Side Yard Setback (ft.) None required, but 5 feet min. if provided
Rear Yard Setback (ft.) 15 feet
Side or rear yards which adjoin a residence zone (ft.) 15 feet
Off-Street Parking Spaces
Per 300 sq. ft. floor area or -
Per employee (whichever is greater)
Maximum Permitted:
Building Height: Stories 2
Feet 30
Floor Area Ratio 1.5
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 §15 for the proposed Lot
#1, and Article 3 §12 for the proposed Lot #2, and referenced sections outlined in the permitted
uses for the C-3 and C-1A Zones respectively.
V. SITE CONSIDERATIONS
Site Access
Access onto the portion of the Site proposed to be subdivided into Lot #2 is via two vehicle
entrances off of South Little Creek Road: one entrance to the west end of the proposed lot, and
one to the east end. Both entrances access a two-way drive aisle that spans the width of the
existing retail building. There is also an existing entrance at the southeast corner of the proposed
Lot that connects to Otis Drive, which is a privately maintained road within the proposed Lot #1.
Vehicle access to the proposed Lot #1 is, as note above, primarily via Otis Drive which is a
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Item 3.
SB-21-03 Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor Business Park
DAC Report of July 7, 2021
Page 4
private road. This road connects to South Little Creek Road and provides vehicular access to the
bulk of business and buildings towards the rear of the property. Otis Drive also provides access
to Barl Court and Fowler Court which again are privately maintained roads internal to the site
and providing access to the businesses/ buildings towards the back of the property. There are also
several small driveway access points onto this portion of the site: one is to a single-family home
addressed as 1040 S Little Creek Rd, and the other is to a now-demolished single-family home
addressed as 1050 S Little Creek Rd. While sharing the same parcel as Tudor Business Park,
neither of these referenced addresses currently have any internal access points to the rest of the
property.
Sidewalk
There currently is sidewalk along the entirety of the South Little Creek Road frontage of both
proposed Lots. There is currently no proposed dedicated sidewalk/ pedestrian access into the site
or between the proposed Lots; however, this would be a requirement to be evaluated with any
potential future development proposals.
Proposed Right-of-Way
The Plan submitted notes a planned 10-foot right-of-way dedication along the entire front of the
subject site(s), which was part of the approved Site Development Plan S-17-18 Frito Lay at
Tudor Business Park. As noted, Site Plan S-17-18 had received Final Plan approval but has since
expired, and the Applicant has noted that this dedication was not submitted for recordation. The
Plan submitted for this Minor Subdivision notes the intent of the Applicant to carry out said
dedication to the State of Delaware for the establishment of a 10-foot wide dedication along the
entirety of the South Little Creek Road frontage.
VI. TREE AND LANDSCAPE PLANTING
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) Please add a note that the existing parcel contains two Zoning Classifications; C-3 (Service
Commercial Zone), and C-1A (Limited Commercial Zone), and that no rezoning is proposed
as part of this application.
2) In the Data Column:
a. Under Lot #1 (Residual):
(1) Note the Zoning as C-3 (Service Commercial Zone).
(2) Ensure that the entirety of the Bulk Standards is included correctly. The Bulk
standards for the C-3 zoning district can be found in Article 4 §4.15.
b. Under Lot #2:
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Item 3.
SB-21-03 Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor Business Park
DAC Report of July 7, 2021
Page 5
(1) Please note the Zoning as C-1A (Limited Commercial Zone)
(2) Please ensure that the entirety of the Bulk Standards (Article 4 §4.14) is included
correctly:
(a) There are no parking requirements in the C-1A zoning district.
(b) There is no maximum impervious coverage in the C-1A zoning district.
(c) Add the Floor Area Ratio calculation.
3) Under the Notes Column:
a. Item #11 also notes C-1A as having a maximum Lot Coverage of 50%. Please be
aware that at present, the Zoning Ordinance, does not provide a maximum Lot
Coverage for the C-1A Zone. Revise this note to reflect this.
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) 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.
7) 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 proposed Lot #1
follows the boundary of the existing C-3 zoning designation on the property. The proposed
Lot #2 follows the boundary of the existing C-1A zoning designation on the site. The
Subdivision Plan generally complies with the Land Subdivision Regulations. No new
development is proposed for either proposed Lot, and the existing development appears to
remain compliant with current zoning bulk standards.
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.
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Item 3.
SB-21-03 Minor Subdivision Plan for Lands of Tudor Enterprises, LLC at Tudor Business Park
DAC Report of July 7, 2021
Page 6
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.
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.
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Item 3.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 30, 2021
APPLICATION: Lands of Tudor Enterprises, LLC at Tudor
Business Park: Minor Subdivision Plan
FILE #: SB-21-03
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.
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CITY OF DOVER Item 3.
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 30, 2021
APPLICATION: Lands of Tudor Enterprises, LLC at Tudor Business Park –
Minor Subdivision Plan
FILE #: SB-21-03
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
1. Our office has no objection to the minor subdivision proposed for the subject property.
GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs
associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system
upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time.
(Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water
and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains
in accordance with all City of Dover Water / Wastewater Handbook.
2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook.
3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to
current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you
schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees
may apply for future development.
ADVISORY COMMENTS TO THE APPLICANT
WATER / WASTEWATER / 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 .
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C F
SB-21-03
Item 3.
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: 06/30/21 D S
O H
V A
E L
R
APPLICATION: Lands of Tudor Enterprises, LLC at Tudor Business Park: Minor Subdivision Plan
FILE #: SB-21-03 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 a minor subdivision plan. This office has no objections.
2. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at
a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be
of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
3. 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:
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Item 3.
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,
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)
4. Project to be completed per approved Site Plan.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Building occupancy classifications should be per the IBC and NFPA.
2. Please ensure all buildings are in compliance with item #’s 2 and 3 listed above.
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 3.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Tudor Enterprises LLC (1014-1070 South Little Creak Road)
FILE#: SB-21-03 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. The property shall submit a Record Plan submission to DelDOT for the
Commercial Subdivision of the parcel. At that time schedule a pre-submittal
meeting to begin the process.
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KENT CONSERVATION DISTRICT
Item 3.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
July 2021
APPLICATION: Lands of Tudor Enterprises, LLC at Tudor Business Park: Minor Subdivision Plan
FILE #: SB-21-03
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens PHONE #: 302-608-5370
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the subdivision of this property.
ADVISORY COMMENTS TO THE APPLICANT:
Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than
5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by
the Kent Conversation District prior to the commencement of disturbance.
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Item 4.
By-Laws of the Planning Commission
of the City of Dover
Objectives
Section 1 The objectives and purposes of the Planning Commission of the City of Dover, Delaware, are
those set forth in Chapter 7, Title 22 of the Delaware Code annotated, and amendments, supplements,
thereto, and those powers and duties delegated to the Planning Commission by the City Council of the
City of Dover pursuant to state statute.
Powers, Duties and Procedures
Section 2 The duties, powers and procedures of the Planning Commission be as set forth in the following
documents:
(a) The resolution of the City Council establishing such Planning Commission;
(b) The Building Zone Ordinance as to matters relating to amendments to site plan approval;
(c) The Subdivision Regulations as to the review and approval of subdivision plats;
(d) As to the regulations set forth herein for all other matters for which the Commission has the
responsibility.
Officers
Section 3.1 The officers of the Planning Commission shall consist of a Chairman and Vice-Chairman.
Section 3.2 The Chairman shall preside at the meetings and hearings of the Planning Commission and
shall have the duties usually conferred upon a presiding officer. He shall continue to exercise the
prerogatives of an individual member of the Commission while performing the duties of presiding
officer.
Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman.
Recording and Corresponding Secretary
Section 4 The Commission shall appoint a Secretary who shall not be a member of the Commission or an
officer, and shall have the following duties and responsibilities:
(a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to
Commission members.
(b) Keep minutes of all meetings, and record of the Commission.
(c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc.
(d) Act as agent for the Commission in arranging for notice of public hearings and notifying
interested parties of Commission actions as authorized by the Commission.
Official Records
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Item 4.
Section 5 The City Clerk shall be the official custodian of the records of the Commission and shall make
them available to the public as provided by law. He may designate the office of the Secretary of the
Commission or the Planning Office as the place where such records shall be kept.
Elections of Officers
Section 6.1 The officers shall be elected by the Commission at the annual organization meeting which
shall be the regular scheduled meeting in July of each year. Election of officers shall be held by secret
ballot.
Section 6.2 A candidate receiving a majority vote of the entire membership of the Planning Commission
shall be declared elected and shall serve for one year or until his or her successor shall take office.
Section 6.3 Vacancies in offices shall be filled by the Commission at any scheduled or special meeting.
Section 6.4 The Chairman and Vice Chairman shall be limited to four consecutive one-year terms. A
former Chairman or Vice Chairman who has held four consecutive terms in such position may be elected
to that position after vacating the position for a period of one year.
Meetings
Section 7.1 The Commission shall hold one public meeting during each calendar month.
Section 7.2 The monthly meeting date for the coming year shall be established by a majority of the
Commission at its organization meeting of the year. The date of the public meeting can be changed
during the year by a majority of the Commission
Section 7.3 The Commission will receive all applications concerning matters within its jurisdiction only at
its public meetings. All times to be submitted for consideration at any public meeting shall be submitted
in complete and final form for Commission consideration not less than thirty days prior to said meeting.
No items submitted subsequent to this time shall be placed upon the Agenda except by a majority vote
of the Commission members present at such meeting. The official date of receipt of any matter
presented to the Commission shall be the date of the first public meeting at which such matter is
received for consideration. Any maximum time periods established by the Zoning Ordinance or other
local laws limiting the time for consideration of any matter by the Planning Commission shall commence
on such date of the receipt.
Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The Commission
may act on any matter by a majority vote of such quorum.
Section 7.5 All formal votes to record the decision of the Commission on any matter referred to it shall
be taken only by a quorum at a public meeting. By a majority vote of those members present the
Commission may convene in executive session. However, all formal votes to record the Commission’s
decision shall only be taken during periods in which such meetings are open to the public.
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Item 4.
Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission,
providing that not less than 24 hours notice by writing or telephone is given to each member of the
Commission. Such meetings shall be executive sessions at which no formal votes shall be taken.
Section 7.7 All public and special meetings shall be held in City Hall or other public facility with proper
public notification.
Agenda
Section 8 The Secretary shall prepare the proposed Agenda for each public meeting, with the Chairman
not less than ten days prior to the date of such meeting, and shall transmit a copy of the Agenda to each
Commission member on such date of preparation. No items will appear on such proposed Agenda
except those for which applications or written requests have been received not less than thirty days
prior to the date of the public monthly meeting as set forth in Section 7 above. The Commission may
amend the proposed Agenda by a majority vote of those members present.
Section 9.1 The order of business at public meetings shall be as follows:
(a) Roll Call.
(b) Adoption of Minutes of previous meetings.
(c) Approval of Agenda
(d) Communications
(e) Report of Officers and Committees
(f) Old Business
(g) New Business
(h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the
public.
Section 9.2 The order of business at special meetings shall be as determined by the Commission.
Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a brief
statement indicating the nature of each item on the Agenda, except that in the case of petitions,
applications and other matters presented by the public, such statement shall be made by the person
introducing the matter.
Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the records
of the Commission and shall be available to the public when duly adopted by the Commission.
Committees
Section 10.1 There may be a Subdivision Committee appointed by the Chairman with the approval of the
Commission at the annual organization meeting. It shall consist of three members who shall serve until
the next annual meeting. The Chairman may make appointments to bring the committee to full strength
in the event of temporary absence of committee members.
Section 10.2 Other Committees may be appointed by the Chairman from time to time with the approval
of the Commission.
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Item 4.
Public Hearings
Section 11.1 The Commission shall hold public hearings as required by statute and applicable ordinances
of the City. In addition to those required by law, the Commission may at its discretion hold public
hearing when it considers that such hearings will be in the public interest.
Amendments
Section 12 These By-Laws may be amended at any time by a majority vote of the entire membership of
the Commission.
Adopted September 15, 1959
Amended November 17, 1975
Amended March 16, 1981
Amended March 19, 1981
Amended June 17, 1991
Amended January 25, 1995
Amended April 26, 1995
Amended August 16, 2010
Amended August 20, 2018
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Item 5.
Appointment of the Architectural Review Oversight Subcommittee of
Planning Commission
As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the
Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The
following excerpt from the Zoning Ordinance is provided.
Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval.
2.28 Consideration shall be given to the physical orientation and architectural characteristics of
proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed
buildings, and their contributions to the overall image of the immediate vicinity by considering the
building and architectural design guidelines as set forth in article 5, section 19. Design characteristics
of proposed buildings and building additions shall not detract or devalue existing buildings in the
immediate vicinity.
(A) If the planning commission determines that the proposed physical orientation and
architectural characteristics of the proposed buildings do not meet the intent and objectives of
this section, then the planning commission shall refer the proposal to the architectural review
oversight subcommittee for review and comment.
(B) The subcommittee shall meet and review the proposal with the applicant, and return its
comments to the planning commission by the next regularly scheduled meeting.
(C) The architectural review oversight subcommittee shall be appointed by the commission at its
annual meeting, and membership shall consist of two planning commission members, and
two design professionals with experience in construction, and the mayor or the mayor's
designee. Two alternate design professionals with experience in construction shall also be
appointed.
At the August 17, 2020 Meeting of the Planning Commission, the following individuals were
appointed to the Architectural Review Oversight Subcommittee of Planning Commission.
o Kathleen Welsh, Planning Commission member
o Kenneth Roach, Planning Commission member
o Mayor or Mayor’s designee
The Planning Commission at their August 17, 2020 also acted regarding the appointment two
Design Professional members to the Subcommittee pending confirmation of availability. No
other Design Professionals as Alternates were appointed. Their availability was confirmed by
Planning Staff and reported at the September 21, 2020 Planning Commission Meeting.
o Dr. R.J. Chandler, Faculty member of Architecture program at DelTech Community
College, Design Professional
o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional
The Planning Commission as part of their Annual Meeting must act to appoint the
membership of the Architectural Review Oversight Subcommittee.
Selection for Architectural Review Oversight Subcommittee of the Planning Commission Summary for 7-2021 46