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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on August 9, 2021 at 7:35 p.m. with Council President
Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare,
Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell.
Staff members present were Police Chief Johnson, Ms. Peddicord (via WebEx), Mr. Harline,
Mr. Hugg, Fire Chief Carey (departed at 8:45 p.m.) Mr. Rodriguez, Mrs. Sapp, and Mrs. Ramsey.
OPEN FORUM
The Open Forum was held at 7:20 p.m., prior to commencement of the Official Council Meeting.
Council President Sudler declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Steven Hall, 326 North Bradford Street, expressed concerns regarding safety after the City has
cleaned up areas of the community and assistance to decrease the homeless population.
Mr. Andrew Marshall, 648 Venue Drive, spoke about the need for electric charging stations around
the City of Dover. Mr. Neil noted that there was a proposal for charging stations for the Bradford
Street lot.
Mr. Bennett Downes, 774 South State Street, spoke about the need for electric charging stations.
Mrs. Patty Downes, 774 South State Street, spoke about the need for electric charging stations and
how they would be helpful to have anywhere a person has to park.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Lindell
ADOPTION OF AGENDA
Mr. Sudler requested an addition to the agenda to allow Police Chief Johnson to introduce the Police
Department’s new facility animal.
Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Rocha and
unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
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Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty and carried by
a unanimous roll call vote.
INTRODUCTION OF THE POLICE DEPARTMENT’S FACILITY ANIMAL
Police Chief Johnson introduced Patrolman First Class (PFC) Lee Killen, Community Policing Unit,
and Roy III, the new facility animal from Canine Companions. Chief Johnson stated that Canine
Companions match special animals to appropriate parties to serve critical missions which included
being in support of victims, staff, and organizations that have high stress and big challenges.
REZONING REQUEST - PUBLIC HEARING/FINAL READING OF PROPOSED
ORDINANCE #2021-14
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 1617 Forrest Avenue, consisting of 5.04+/- acres, owned by Draper Farm Properties. This
property is currently 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). (Tax Parcel: ED-05-075.00-01-07.00-000, First Council District;
Planning Reference: Z-21-05) (Postponed during the Council Meeting of July 12, 2021)
Mr. Neil moved that the final reading of the proposed ordinance be acknowledged by title only,
seconded by Mr. Rocha and unanimously carried. (The First Reading of this ordinance was
accomplished during the Council Meeting of May 24, 2021).
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the Planning Commission recommended to deny the rezoning request. Mr. Hugg advised members
that the request was subject to a protest petition received on July 12, 2021 and was validated by the
Planning Office, which meant to have an affirmative vote, it required a three-quarter vote of Council.
Mr. Hugg noted that the Land Use Classification for the property was changed to Mixed Use as part
of the Comprehensive Plan, which allowed a variety of zoning districts including the one being
requested.
Responding to Mr. Rocha, Mr. Hugg stated that the Comprehensive Plan Land Use Classification
for the property would allow a variety of zoning districts, including the current zoning, R-10, of the
property.
Responding to Mr. Hare, Mr. Hugg stated that the Comprehensive Plan was completed the fall of
2020 and on January 13, 2020, Council unanimously approved the plan for that area. He noted that
the Land Use Classification - Mixed Use did include the potential zoning classifications C-2, C-2A,
C-1 and R-10.
Responding to Mr. Hare, Mr. Hugg stated that he could not confirm, but did not believe that there
was public opposition when Council approved the Comprehensive Plan. He noted that there had
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been specific discussion about this particular property at that meeting because there was concern
about whether it should be shown as a commercial land use classification or mixed use.
Responding to Mr. Hare, Mr. Hugg advised that the Comprehensive Plan was unanimously approved
by Council and approved and signed by the Governor.
Responding to Mr. Neil, Mr. Hugg stated that if the property were to remain zoned as the R-10
classification, there would be no rezoning involved so it would not go to Planning Commission or
Council. Mr. Hugg stated that the standard procedure was to go through the Planning Commission
followed by a public hearing.
Responding to Mr. Taylor, Mr. Hugg advised that a traffic study specifically for the rezoning would
not have been done prior to the vote in 2020. He stated that it was a road maintained by the Delaware
Department of Transportation (DelDOT), so they would determine whether a traffic impact study
or other area-wide studies would be required. Mr. Hugg advised that those activities would take
place during the site plan and development process, not normally at the rezoning.
Mr. Taylor noted that when the Comprehensive Plan was signed into law, a traffic study was not
done and even at that particular time, they were having issues with traffic that bottlenecked the
Dover High School area which was why he asked these questions. Mr. Hugg advised that during that
period there had been a number of studies conducted by DelDOT and the Metropolitan Planning
Organization (MPO) regarding the Route 8 corridor and the highway system. He noted that every
year he presented the City’s Transportation Prioritization list, which is part of a series of efforts to
look at the entire transportation network, and it was not driven specifically by any one property
rezoning at that time. Mr. Hugg stated that when the site actually went for a site plan or
development, DelDOT may require traffic impact studies specifically for that particular use.
Responding to Mr. Taylor, Mr. Hugg advised that the Route 8 corridor was identified in the
Comprehensive Plan as one of the major transportation corridors that they were concerned about.
He noted that the short-term list included Dover, Kenton, College, and Walker Road, but did not
include the area of Route 8 west of Kenton Road, specifically.
Responding to Mr. Boggerty, Mr. Hugg advised that if the rezoning application was voted upon, the
decision of use would not come back to be voted upon. He noted that by zoning the property, they
would have granted the applicant a certain array of uses that fell within the category, in this case it
would be the C-2 category which included various commercial uses, office uses and some residential
uses, but this decision did not grant final approval for any specific use. Mr. Hugg stated that final
approval would go back through the site plan process as a specific proposal which did not go to
Council if there was a public hearing before the Planning Commission.
Responding to Mr. Lindell, Mr. Hugg clarified that if the rezoning application passed, the applicant
would have a list of things that they could do with the property once it was rezoned. Mr. Lindell
asked if the applicant would then take the site plan to the Planning Commission and if there would
be more of a standing for the citizens of the surrounding community to reject it at that point.
Mr. Hugg requested clarification on the question. Mr. Lindell clarified that he sympathized with the
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residents surrounding the property however, looking at the property rights of the applicant, he was
trying to navigate a way that they respect the rights of the property owner that was applying while
also allowing the citizens surrounding the proposed property to have a say when it went to the
Planning Commission. Mr. Hugg advised that the application was for the C-2A - Limited Central
Commercial Zone, which would allow the applicant to have retail stores of almost any variety,
business, professional government offices, personal service establishments, which would be beauty
shops, restaurants, service establishments, hotels, places of public assembly, and one family
residence and apartments. He stated that it could be used for a variety of uses that the owner could
then pursue, but there was nothing in that night's action that would say it would have to be any one
of those uses versus another one.
Mr. Hugg stated that when they determined what they were going to do with the project, they would
start a site plan review process which goes through a rigorous review at the staff level then the
Development Advisory Committee, which involved State and City offices, would look at all the
various impacts. They would have to meet the overlay zoning district, in addition to the normal
requirements and then go before the Planning Commission for a public hearing. Mr. Hugg stated that
the Planning Commission ultimately decided whether or not that project can move forward.
Responding to Mr. Lindell, Mr. Hugg stated that the Planning Commission was not locked into
having to accept the application if there were a large amount of individuals that had concerns about
it. He noted that their only decision was the basic zoning which would give them the right to pick
from a list of potential uses and then pursue those through the Planning Commission through the site
planning and development process.
Responding to Mr. Lindell, Mr. Hugg advised that there was a conditional use application for gas
pumps which would go through the Planning Commission.
Mr. Anderson asked if the use was a permitted use in particular, not a conditional use, that the
property owner had the right to subject to complying with the regulation. He stated that someone
could not oppose the use if it was the proper zoning, it was just a matter of how it is done. Mr. Hugg
advised that essentially, Mr. Anderson was correct.
Responding to Mr. Anderson, Mr. Hugg stated that if they chose a zoning classification which
allowed a menu of uses, then they would be recognizing that menu of uses as the appropriate use for
that property. He noted that the decision to designate a particular land use category was made when
the Comprehensive Plan was adopted. The decision to rezone to any one of the particular zoning
classifications allows for the listed uses, if they were consistent with the land use classification.
Responding to Mr. Anderson, Mr. Rodriguez confirmed that City Council was obligated to fulfill
one of the uses that was consistent with the Comprehensive Plan and they would do that based upon
what they thought was the best and appropriate use for that property. Council was not obligated to
decide whether an application should be granted because the classification may fit in the
Comprehensive Plan, they can choose to approve or not approve any zoning that is appropriate.
Mr. Hare stated that they had spent a lot of time working on the Comprehensive Plan with staff. He
noted that during the public hearings there was no opposition, then Council approved it and the
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Governor signed it. He asked if an applicant wanted to get a property rezoned, but opposition arose
to the rezoning after the Comprehensive Plan was already approved, could Council change that.
Responding, Mr. Rodriguez stated that the Comprehensive Plan designated it as mixed use, so any
zoning category that fell within that definition of mixed use was appropriate. He noted that both of
the two zonings, R-10 and C-2A, fell within that definition of mixed use.
Public Hearing
Council President Sudler declared the hearing open.
Mr. John Paradee, Baird Mandalas Brockstedt, LLC, 6 South State Street, stated he was there to
represent the owners of 1617 Forrest Avenue. He noted that it was an LLC named Draper Farm
Property, and the two principles of the LLC were Mr. Eric Goode and Mr. Alan Davis.
Mr. Paradee stated this was not a site plan application and there was no specific use or site plan
before Council. He reviewed the letter and exhibits submitted prior to the meeting (Exhibit #1). He
noted that he respected the neighbors’ concerns, but he felt, they were premature because they could
not know for sure what was going to be proposed on the property when no one, not even the
applicant, had proposed anything specific in terms of a site plan application.
Mr. Paradee noted that no one had done any formal scientific evidence-based study like a traffic
impact study or specific to a use on the property so, until a specific use was proposed and
evidence-based studies were performed, it was all sheer conjecture and speculation. He stated that
was the essence of the Gibson case which was cited at footnote 17 of his letter, which stated vague
and unsupported traffic congestion concerns were not adequate grounds to deny an application.
Mr. Paradee summarized the following key points:
• That the Comprehensive Plan identified C-2A as suitable and appropriate for the property.
• The Comprehensive Plan had the force and effect of law.
• There was no specific use proposal before Council at this juncture, and therefore, any
consideration of site plan concerns was premature.
• To deny this application on the basis of purely speculative site plan concerns, when the
comprehensive plan expressly provides that C-2A was suitable and appropriate for this
property would be arbitrary and capricious.
Responding to Mr. Boggerty, Mr. Paradee stated that he had represented someone else and argued
a similar position, but that property was across from the Bennie Smith Funeral Home. Mr. Boggerty
stated that for that property, Mr. Paradee argued that it should not be resolved based on an
assumption of use. He asked why the assumption of laws and everything previously argued applied
to this issue and not that issue. Responding, Mr. Paradee stated that it was an entirely different
pattern and noted that in the letter and exhibits, tab two included a chart that explained the
differences between the applications. He noted that with the other application the Dover Interfaith
Mission for Housing (DIMH) lobbied for that application and made it known publicly, as did the
applicant, that they were pursuing that rezoning for purposes of selling the property to DIMH for an
apartment shelter for the homeless. Mr. Paradee noted in the previous application, the proposed use
was not compatible with surrounding uses because there was ample evidence of conflicts. They had
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a similar facility in close proximity as to what they were proposing and there was testimony from
property owners in the area who had specific conflicts with that use. He noted that they did not know
what the use at the 1617 Forrest Avenue was going to be so they did not have any evidence of
conflicts. Mr. Paradee stated that the location in the other instance would have violated State law and
the proposed use was inconsistent with the Comprehensive Plan because the Downtown District
Revitalization Plan, the use which was proposed, would have conflicted with the objective of the
Downtown District Revitalization. He stated that none of those factors were present in this case and
that the proposed zoning did not violate any State law Table 12-1 showed it was consistent with the
Comprehensive Plan.
Mr. Rocha asked Council if they wanted a business, professional office, restaurant, or hotel across
the street from the high school. He noted that he did not have a reference of those types of businesses
across the street from any school or high school.
Responding to Mr. Rocha, Mr. Paradee stated that many applicants will go before city or county
councils and ask for a zoning classification that are not consistent with the current Comprehensive
Plan which would result in a rezoning application coupled with an amendment to the Comprehensive
Plan. Mr. Paradee stated that sometimes those are approved because the applicant is able to
demonstrate that conditions in the neighborhood have changed, and the legislative body makes a
judgment that they will amend their Comprehensive Plan and approve the rezoning. He noted that
was a case where they could always say no, because they would rely on their constitution. However,
Mr. Paradee stated that in this case, where 18 months ago they said all of the uses that were
permitted in C-2A were suitable and appropriate in the Comprehensive Plan, they were confronted
with an application that was consistent with the Comprehensive Plan and were duty bound to follow
it and could not say no.
Mr. Rocha asked if the Comprehensive Plan had tied their hands in making a decision. Responding,
Mr. Hugg stated that he did not know that he would use the term “tied their hands.” He stated that
the Comprehensive Plan was a statement of City policy in regard to the future land use of the City
and it had designated certain areas for certain land use classifications that allowed for a number of
different things that were compatible with the neighborhood. Mr. Hugg advised that in this particular
case, the property was currently zoned to R-10 and could stay R-10 but the applicant would be
limited in terms of the uses and activities they could carry out. He stated that by adopting a
Comprehensive Plan with a land use classification that is fairly broad, there are other things they may
want to do differently than how it was currently zoned. Mr. Hugg noted that in that event, to some
degree, the applicant had the ability to say that they would like to use the property for one of the
seven uses, but to do that, they needed a different zoning classification allowed in that land use
classification.
Mr. Rocha asked if they were conducting business backwards. He asked if the rezoning should come
after the determination of what the use of the property was going to be so that they can make an
educated decision, as opposed to blindly rezoning the property. Mr. Rocha stated that once they have
made a decision then they have to rely on the Planning Commission instead of it going back to
Council. Responding, Mr. Hugg stated that Council was relying on the Planning Commission since
City Council was being asked to make a broad land use policy, and they were giving the Planning
Commission and Planning Staff the responsibility for making determinations about specific uses and
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where they fit in the array of ordinances and regulations that they had available. Mr. Hugg noted that
as far as being backwards, the risk there would be bordering on zoning for sale or contract zoning.
Mr. Anderson expressed his concerns with Mr. Paradee’s argument. Mr. Anderson asked when they
okayed C-2 zoning. He stated that was not what the comprehensive plan said and asked where they
said C-2A was what they were approving when they specifically said that they were not going to
make it a commercial property. Responding, Mr. Paradee stated that on January 13, 2020, Council
voted to change the designation for the property from medium density residential to mixed-use. He
noted that essentially they were saying that any of the zoning uses set forth in any of the districts that
were permitted or designated as mixed use were suitable and appropriate for the property.
Responding to Mr. Rocha, Mr. Hare advised that there were businesses within a 10th of a mile from
Caesar Rodney High School.
Mr. Lindell asked if Mr. Sudler, Mr. Hugg, Mr. Rodriguez, or Mr. Paradee had experienced a
situation where Council had rezoned a property, then the applicant went to the Planning Commission
and wanted to do something that was permissible within that zoning approved by Council with
residents objecting to it, and the Planning Commission rejected that plan outright, even though it was
a permitted use in that rezoning. Mr. Lindell stated that they needed to respect the individual
property owners' rights, but they also needed to look at the surrounding property owners as well.
Responding to Mr. Lindell, Mr. Hugg stated that if a rezoning was approved then the project would
go through the site plan process. It would need approval from the following:
• DelDOT, which had control over the access and flow of traffic and would establish a
significant amount of restrictions
• The Conservation District, which would establish a number of districts relating to storm
water and in addition to the Corridor Overlay Zone there were requirements that they would
add.
• The Superior Urban Carter Development, which would deal with protecting the
neighborhood and ensuring that the purposes that were set forth in the mixed use and zoning
district were accomplished.
Responding to Mr. Lindell, Mr. Hugg stated that there was no guarantee that any project that the
applicant brought forward would ultimately get site plan approval. He noted that the Planning
Department has had site plans that have changed dramatically from what they originally proposed
to what was built because of design criteria, other considerations, and impacts from the use, which
resulted in a change in the plan.
Responding to Mr. Lindell, Mr. Rodriguez stated that they had the protection of the Corridor Overlay
Zone and referred Council to the decision made by City staff noted in Mr. Paradee’s letter.
Mr. Rodriguez stated if the rezoning was granted, it would also have to comply with a Corridor
Overlay Zone, which covered a lot of the objections that may be brought out by other speakers. He
noted that he agreed with what staff recommended.
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Responding to Mr. Lindell, Mr. Paradee stated that he had been doing land use work for 32 years and
he had seen situations where a property was rezoned, the applicant submitted a project and the
Planning Commission rejected that option. He noted that it depended on whether it was their first
permitted use or conditional use.
Mr. Boggerty noted that a convenience store with a few gas pumps was listed on the rezoning
application. He asked if they should automatically approve a rezoning issue if it qualified and if so,
why did they hear rezoning issues. He stated that the only thing that should come back and discuss
is what was it going to be used for.
Mr. Paradee stated that the engineer who filed the application put what they thought was the highest
and best use of the property, but they did not have a contract, site plan or any specific use for the
property.
Responding to Mr. Sudler, Mr. Boggerty advised that the proposed use is listed as a convenience
store with fuel pumps.
Responding to Mr. Sudler, Mr. Rodriguez advised that their decision was not the use of the property.
He stated that no matter what was put down as use, any use within the C-2A zone was appropriate.
Mr. Boggerty stated that they had established, as past practice, that their decision was based on
assumptions of use. He noted that he has tried to separate the assumption of use and now they were
saying not to consider this assumption of use. He stated that his point was that either one or two
things had to happen, they were going to consider assumption of use in their rezoning applications
or they were going to let all rezonings take place and they would make a vote when it came time for
usage.
Responding to Mr. Rocha, Mr. Hugg stated that the Comprehensive Plan was a statement of policy
about the future of the City and how it wished to grow, so a permissive document. He noted that the
Comprehensive Plan was based on facts, trends, public input, and knowledge of what best uses of
land given certain circumstances.
Responding to Mr. Hare, Mr. Rodriguez stated that since the Comprehensive Plan was unanimously
approved by Council and now, when there were rezoning applications, if Council did not approve
the rezonings and went against what was already approved, it could end up being a costly mistake.
He noted that they could be taken to court and in all probability they would lose. Mr. Rodriguez
reminded Council members that their decision tonight could not be based on the use of the property,
it was strictly on the rezoning.
Mr. Maurice Jenkins, Jr., 130 Yarmouth Way, advised that he knew that the owners wanted to build
a convenience store along with some gas pumps on the property. He advised that his issue with the
proposal was that his house was right behind the farmland and that it would affect him and everyone
in the neighborhood and surrounding neighborhoods. Mr. Jenkins stated that a commercial zoning
would diminish their property values. He also expressed safety concerns regarding a convenience
store and gas pumps. He noted that they already had a Wawa, Valero, and Royal Farms on Route 8
nearby, and having a fourth convenience store with gas pumps made no sense.
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Responding to Mr. Sudler, Mr. Jenkins stated that he was made aware of the convenience store along
with gas pumps by a letter posted on his door. He noted that it stated that the rezoning would make
the property eligible for any use and included a convenience store with gas pumps.
Ms. Rosemarie Eberly, 109 Tucket Circle, asked why would there be a need for any hearing for a
zoning change if, as Mr. Paradee stated, the Comprehensive Plan obligated them to approve the
zoning change. She stated that she did not agree with Mr. Paradee and that a C-2A zoning was not
appropriate for the area.
Mr. Richard Heisler, 1598 Forrest Avenue, regarding the notification of the rezoning compared to
the Comprehensive Plan, asked why they first found out about the rezoning by the sign on the
property and the registered letter. He stated that they were never notified about the Comprehensive
Plan and that he did not show up because everything was done remotely due to COVID. Mr. Heisler
stated that it was reckless of the owner to request a zoning change and have no idea what they were
going to put there. He noted that the owner told him that the plan was to have a convenience store
on the property. He expressed his concerns regarding noise, light pollution and chances of
lawlessness. Mr. Heisler noted that they would also lose a 200-year old tree which sat in the middle
of the property, regardless of how it was developed other than single family homes.
Mrs. Ashia Muchison, 129 Falmouth Way, stated that she and her husband were respectfully asking
Council to vote no to the rezoning of the property and the initial application for the convenience
store. She noted that it was not a presumption because they got a letter that stated it was going to be
a gas station. Mrs. Muchison stated that it did not matter if it was a gas station with pumps, it was
not an area where they should put a beauty salon either. She stated that allowing the property to be
turned into a commercial property would potentially bring trash, chaos, loitering, and potential drug
use and selling. She noted that their property value would decrease. Mrs. Muchison stated that they
have small children and a playground and the rezoning would open that space for anyone, including
sex offenders, drug users and property damage.
Mr. Darryl Muchison Sr., 129 Falmouth Way, stated that he and his wife moved to Dover 13 years
ago from Philadelphia. He noted that he still commuted to Philadelphia for work and that his home
was his place of solitude. Mr. Muchison stated that they have raised their family here and there were
more families in their community on the same path that they were.
Responding to Mr. Sudler, Mrs. Muchison stated that she worked locally and when school was in
session, they could not get out of their development to make the left or right turn because of the
school busses. She noted that it is about a 15-minute delay. She stated that she could not fathom her
daughter coming home from college to random people walking up behind her car.
Responding to Mr. Anderson, Mrs. Muchison stated that she could not imagine the uses with the
C-2A zoning that would be compatible with their corridor or that would allow traffic management
for young people to cross the street. She stated that when they were zoning for the school, they were
going to put a High-Intensity Activated CrossWalk (HAWK) light in front of their development but
it was put up on the street at Heatherfield.
Mr. Dennis Rogers stated that he did not want a convenience store or any business across the street.
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He stated that it was a beautiful neighborhood for children to go to the playground right across the
street and noted that he has taken his grandchildren to Cranberry Run and his children before them.
Mr. Rogers also stated that his wife could not pull into their driveway because Route 8 was a
nightmare. He stated that he has waited 10-15 minutes at times for traffic because there was not a
proper turn lane or light.
Mr. John Davis, 4 Stoney Drive, stated that he did not object the Comprehensive Plan because he
had a heart valve replaced in November 2019 and that there was no notice like there was for the
Planning Commission event which was sent through the mail and was required by law. He stated that
during that time there was public outcry. Mr. Davis expressed his concerns with the Comprehensive
Plan and stated that they could rule out every single use in the C-2A zoning. He noted that they have
a problem on Route 8 and that from Dover High School’s west entrance, east to Dover and Kenton
Road was a little more than a mile and they had six developments that were in range before Mifflin
Road. He noted that traffic was going to hit hard when school started up in September and that every
single commercial use that they could put on the property would increase that.
Responding to Mr. Anderson, Mr. Davis stated that it was his understanding that the property was
zoned as R-10 which was consistent with the Comprehensive Plan and any vote to keep it that way
would be fine.
Mr. Sudler asked what the danger and risk to life that could exist because of the cross traffic was.
Responding, Mr. Davis stated that there was an opportunity for loss of life or certainly injury.
Mr. Davis noted that their neighborhood did file a petition with the Planning Commission.
Mr. Charles Moudorf, 1594 Forrest Avenue, stated that he had been a resident for 41 years and had
seen changes to Route 8, and it had not been for the better. He stated that he lost 10 feet of frontage
on his property when the school opened. He noted that they paid him for it, but a minor amount.
Mr. Moudorf stated that he used to enjoy sitting on his wraparound porch, but that traffic had
become terrible over the years and the noise was even worse. He noted that recently on Sunday, he
was on his front porch and three dirt bikes went down the street doing wheelies. Mr. Moudorf stated
that the health and welfare of the children out there had to be paramount in Council’s decision.
Ms. Diane Murphy Hill, 668 Artis Drive, stated that the rezoning was consistent with the 2019
Comprehensive Plan, but it did not have to be. She stated that R-10 was consistent with what went
on in that area. Ms. Hill expressed her concerns regarding traffic on Route 8. She stated that she was
told when the school was built studies would be conducted and then the apartment complex came,
but nobody did a good comprehensive plan of all the traffic that was going to come from that. She
noted that now a church was coming in, with 300 parking spaces because of all of the parishioners.
She stated that she knew that would not be there every day, but as it was, many of the property
owners have had to alter their travel times for work because they cannot get caught up in that traffic
jam between the school and Mifflin Road.
Mrs. Patty Downes, 774 South State Street, stated that she had lived across from South Dover
Elementary for approximately seven years. She noted that her home was originally surrounded by
doctor’s offices with weekday hours but the office closed and was now a disruptive 24-hour medical
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facility with ambulances coming and going. Mrs. Downes expressed her concerns that when Council
votes on rezonings they do not always know what business it will bring.
Ms. Christie Johnson stated that she wanted to echo the same sentiments all of the residents and
surrounding neighbors had expressed. She noted that she had smaller children and moved from
Philadelphia to come to a safer and friendlier environment. Ms. Johnson stated that the thought of
having any type of convenience store or commercial business that would not only bring danger to
her loved ones and younger children, but also traffic as well scared her.
Ms. Pat Procello, 120 Chelsea Way, stated that in 2019, when Council decided the fate of Route 8,
she never received any type of notification, but Mr. John Davis notified her. She stated that she did
not notice the sign that was on the farm property until she stopped to read it. She stated that the
owners told her that they were entertaining a Sheetz gas station and convenience store. Ms. Procello
noted that when she purchased her home nine years ago, she was told that the farmland was zoned
farmland forever, and that was one of the reasons why she purchased her home. She noted that if they
put a convenience store there, they were not only talking about environmental issues and the smell
of the gasoline, but they were directly across from the high school, and the students dart across the
street constantly and have many near misses so they walk on the shoulder. Ms. Procello stated that
there was never a police presence there.
Mr. Jack Sutton, 1618 Forrest Avenue, stated that everyone else had covered what he wanted to say.
He noted that if they put a Sheetz gas station in, it would light up the entire neighborhood and that
was going to take quality of life away from the people who were trying to sleep at night. He
expressed concerns regarding traffic safety and 18 wheelers parking at Sheetz.
Ms. Patricia Cohen, 1602 Forrest Avenue, requested that Council uphold the Planning Commission’s
vote to recommend denial of the application. She stated that the proposed changes to rezone the
property were not positive changes for the City, nor did they align with the goals outlined in the
Comprehensive Plan under Housing and Community Development which stated “to provide safe and
healthy livable neighborhoods”. She stated that by changing the zoning to commercial opened a
gateway to numerous possibilities that would prevent the surrounding residential areas from
remaining tranquil and retaining the small town feel as stated in the Comprehensive Plan. She noted
that the amount of increased traffic generated by another commercial establishment would endanger
residents, motorist and pedestrians, many of whom were high school students. Ms. Cohen expressed
concerns regarding safety, traffic, increased noise and trash.
Council President Sudler declared the hearing closed.
Mr. Anderson moved to adopt proposed ordinance #2021-14. The motion was seconded by
Mrs. Arndt.
Mr. Anderson stated that it was incomprehensible to be able to adjust the traffic safely for the zoning
proposed. He stated that when they did the Comprehensive Plan, it said low intensity and the request
was not low intensity. He noted if they voted to overturn the Planning Commission, they must state
why and he could not think of a compelling reason to state why they would overturn the Planning
Commission on this unanimous vote. Mr. Anderson expressed concerns regarding public health and
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 12
safety. He stated that the rezoning would be inconsistent with the other properties immediately
adjacent to it.
Mr. Sudler clarified that the Planning Commission’s recommendation was to deny the rezoning
request.
Mr. Lindell expressed his concerns for possible litigation that could cost more money down the line
when they could fight the battle more effectively with what was proposed by the site plan. He stated
that the neighbors had valid points, but he was worried if they were to reject the request it would
make them more vulnerable to defend the concerns of the neighbors when they had the chance to do
it.
Responding to Mr. Lindell, Mr. Rodriguez stated that if they were to lose, the rezoning request
would go back to the Planning Commission or to staff to impose the restrictions of the C-2A -
Corridor Overlay Zone. He noted that there were a lot of protections that Mr. Hugg had reviewed.
Mr. Rodriguez noted that it would be a difficult case to win.
Mr. Taylor expressed his concerns regarding changing the aesthetics of the neighborhood. He stated
that the rezoning would only increase the traffic hazards and that it would be inconsistent with what
was already there.
Mr. Hare stated that if notifications for hearings were not sent in the bills, they should be to make
sure people receive them.
Mr. Neil called the question. The motion was seconded by Mr. Boggerty and carried with
Mr. Taylor voting no.
Mr. Anderson clarified that the motion was to vote to approve the rezoning request. Mr. Lindell
clarified that if someone was voting yes, it was an affirmative motion to support the rezoning and
if a person voted no, it was a vote against the rezoning.
Mr. Anderson moved to approve the rezoning request, seconded by Mrs. Arndt. The motion failed
by a roll call vote of eight (8) no (Anderson, Boggerty, Neil, Hare, Arndt, Rocha, Taylor, and Sudler)
and one (1) yes (Lindell).
Mr. Hare moved to deny the rezoning request, as recommended by the Planning Commission. The
motion failed due to a lack of a second.
Responding to Mr. Sudler, Mr. Rodriguez stated that the motion was clear to deny the rezoning and
to follow what the Planning Commission did.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 2021
The Minutes of the Regular Council Meeting of July 26, 2021 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Boggerty and bore the written approval of
Mayor Christiansen.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 13
COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 27, 2021
The Council Committee of the Whole Meeting was held on July 27, 2021 at
6:00 p.m., with Council President Sudler presiding. Members of Council present
were Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, and Mr. Taylor.
Mr. Anderson and Mr. Lindell were absent. Civilian members present for their
Committee meetings were Mr. Contant (via WebEx) and Mr. Shevock (Legislative,
Finance, and Administration).
COUNCIL COMMITTEE OF THE WHOLE
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Mrs. Arndt
presiding in the absence of Mr. Anderson.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and
unanimously carried.
Replacement of 2003 Pierce Lance Engines 3 and 6 (David Carey, Fire Chief)
Mr. David Carey, Fire Chief, reviewed the background and analysis regarding the
evaluation of bids for the replacement of 2003 Pierce Lance Engines 3 and 6.
Staff recommended approval of the purchase of 2022 Pierce Enforcer Pumper.
Responding to Mr. Shevock, Chief Carey stated that as far as he was aware there had
been no correspondence back from the other two companies they had sought to bid.
Responding to Mr. Neil, Chief Carey stated that two vehicles would be retired. He
noted that normally they would sell the fire trucks to pay for new equipment but one
of the trucks may have a blown engine so they were not sure if they would sell it as
is or if they would fix it up to sell.
Responding to Mr. Neil, Chief Carey stated that they had not lost any capability for
the City despite going from two trucks to one due to the fact that the rescue engine
had an extra pump that could carry water that the previous engine did not.
Responding to Mr. Contant, Chief Carey stated that they had not applied for any
grant money for the fire apparatus but they could look into it.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 14
Responding to Mr. Taylor, Chief Carey stated that he would work with the City of
Dover Grant Writer and the Fire Department Grant Writer to get financial assistance
in this process.
Mr. Hare moved to recommend approval of staff's recommendation, seconded
by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Discussion of Regular Council Meeting Start Time (Councilman William Hare)
Mr. William Hare, Councilman Second District, reviewed the benefits of changing
the start time of Regular Council Meetings from 7:30 p.m. to 6:30 p.m. He explained
that the annual meeting would remain at 7:30 p.m. per the City of Dover Charter.
Mr. Hare noted that Mr. David Anderson, Councilman Fourth District, had said that
he was fine with changing to a 6:30 p.m. start time and would like his support
included on the record.
The recommendation was to change the Regular Council Meeting start time to
6:30 p.m. beginning in September 2021.
Mrs. Arndt noted that Mr. Matthew Lindell, Councilman First District, had contacted
her and expressed that he was not opposed to the 6:30 p.m. start time.
Mr. Neil moved to recommend approval of changing the Regular Council
Meeting start time to 6:30 p.m. beginning in September 2021. The motion was
seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Evaluation of New Monthly Reports by the Mayor, Council President, and
Members of City Council
Mr. Roy Sudler, Council President, explained that the monthly reports he had
requested of the Mayor, Council President and Members of City Council were not
mandatory and he asked that the Council members decide whether it was something
they wanted to do moving forward.
Responding to Committee Members questions, Mr. Sudler advised the following:
• The reports would be presented at the first Council Committee of the Whole
meetings of each month rather than at Council Meetings
• The reports could be presented either in written format or verbally
• The reports would be no longer than 3 minutes long
• If the representative has nothing to report, a report would not be required
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 15
Mr. Sudler moved to recommend that the new monthly reports by the Mayor,
Council President, and Members of City Council be presented at the first
Council Committee of the Whole meeting each month either written or verbally
and would be limited to three (3) minutes in length. The motion was seconded
by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Neil and unanimously
carried.
Meeting adjourned at 6:26 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Dover Bicycle and Pedestrian Plan Update (Marilyn Smith, Executive Director,
Dover/Kent County Metropolitan Planning Organization (MPO) and Leah
Kacanda, Project Manager, Whitman, Requardt & Associates, LLP)
Ms. Marilyn Smith, Executive Director, Dover/Kent County Metropolitan Planning
Organization (MPO) introduced Ms. Leah Kacanda, Project Manager, Whitman,
Requardt & Associates, LLP.
Ms. Kacanda reviewed the background on the Dover Bicycle and Pedestrian Plan and
the recommendations for the project.
Dover/Kent County Metropolitan Planning Organization (MPO) recommended
adoption of the Dover Bicycle and Pedestrian plan as presented (plan was adopted
by MPO Council on May 5, 2021).
Mr. Neil and Mr. Sudler stated that they would like to reroute a bicycle route that was
currently in front of Bennie Smith Funeral Home. Mr. Sudler requested that when the
MPO and Delaware Department of Transportation (DelDOT) looked into rerouting
the bicycle route that an eight foot multi-use pad be used as the alternative.
Responding to Mr. Sudler, Mr. Taylor stated that there was no way to include
changes to the delineator or to rerouting the bicycle path at the current time.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 16
Ms. Kacanda stated that there was nothing binding in the plan presented and that
there was a lot of flexibility when it came to designing the facility.
Mr. Matt Harline, Interim City Manager, stated that the Committee could add a note
to the study and accept it with a note from staff or it would go back to the MPO for
revision. He noted that accepting the plan did not mean they could not continue to
pursue some changes to the Senator Bikeway as it currently was.
Responding to Mrs. Arndt, Mrs. Lisa Chase, Grant Writer, stated that the deadline
to submit the Bicycle Friendly application had been extended to September 1, 2021.
Mr. Neil moved to recommend approval of the Dover/Kent County
Metropolitan Planning Organization’s (MPO) recommendation with the
provision that the delineator discussion be revisited. The motion was seconded
by Mr. Boggerty and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Sudler moved to recommend that City Council declare the delineators on West
Division Street, primarily in front of the Bennie Smith Funeral Home, undesirable,
and potentially unsafe for that particular area and to instruct the City Manager and
the Planning and Community Development Director to meet with DelDOT to discuss
an alternative such as the multi-use eight foot asphalt pad.
Mr. Rocha requested that the motion be amended to include emergency vehicles.
Mr. Sudler moved to recommend that City Council declare the delineators on
West Division Street, primarily in front of the Bennie Smith Funeral Home,
undesirable, and potentially unsafe for that particular area and to instruct the
City Manager and the Planning and Community Development Director to meet
with DelDOT to discuss an alternative such as the multi-use eight foot asphalt
pad. The motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:57 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Boggerty and unanimously carried.
Meeting adjourned at 6:57 p.m.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 17
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
MONTHLY REPORTS - JUNE 2021
By motion of Mr. Neil, seconded by Mr. Boggerty, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
City Planner’s Report
Fire Chief’s Report (May and June)
Police Chief’s Report
APPOINTMENT OF INTERIM ASSISTANT CITY CLERK/ASSISTANT TREASURER -
MEGAN RAMSEY (EFFECTIVE AUGUST 4, 2021)
By consent agenda, Mr. Neil moved for approval of the appointment of Mrs. Megan Ramsey.
The motion was seconded by Mr. Boggerty and unanimously carried.
RESOLUTION NO. 2021-20 - AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT
TREASURER, AND INTERIM ASSISTANT TREASURER
By consent agenda, Mr. Neil moved for adoption Resolution No. 2021-20. The motion was
seconded by Mr. Boggerty and by a unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer, Assistant Treasurer, and Interim Assistant Treasurer are hereby authorized
to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities
and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 18
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Janella Sapp - Assistant Treasurer
Megan Ramsey - Interim Assistant Treasurer
ADOPTED: AUGUST 9, 2021
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2021-16 - PROPERTY LOCATED AT 633 PERSIMMON TREE LANE, OWNED BY
DOVER INDOOR TENNIS, INC.
A request was received for annexation and rezoning of property located at 633 Persimmon Tree
Lane, consisting of 3.1707 +/- acres, owned by Dover Indoor Tennis, Inc. This property is currently
zoned AR - Agricultural Residential District (Kent County Zoning Classification) and the proposed
zoning is RC - Recreational and Commercial Zone (City of Dover zoning classification). Staff
recommended that the request be referred to the Utility Committee on September 14, 2021 and to
the Planning Commission on September 20, 2021 and that a public hearing be set before City
Council on October 11, 2021 at 6:30 p.m. (Tax Parcel: LC-00-058.00-01-32.00-000; Planning
Reference: AX-21-03; Council District 3)
Mr. Hare moved for referral, as recommended, seconded by Mr. Lindell and unanimously
carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2021-16 AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 633 PERSIMMON TREE LANE
INTERIM CITY MANAGER'S ANNOUNCEMENTS
Mr. Matthew Harline, Interim City Manager, provided the following information:
• In June 2020, the City received a request to rename the New and Dover Street Park to Bishop
LT Blackshear Park and they have officially renamed it. They are looking to plan an event
possibly on September 18th, which is almost the anniversary of his passing.
• Mr. Harline would be going on vacation, but would be available by cell phone and email.
• With the Human Resources (HR) Department, the Parks and Recreation Department, and the
Blood Bank of Delmarva, there was a blood donation drive scheduled at the Pitts Center on
Monday, August 16th, from 12:00 p.m. to 6:00 p.m. If anyone wanted to register they could
contact HR and all employees who donated would be entered to win a $50.00 Amazon gift
card.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 19
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson thanked Council members and the Interim City Manager for their support with the
Dover Health Care Blitz. He noted that 3,200 people were served which met their goal, 1500+
glasses had been issued and over a $1,250,000 worth of services were rendered.
Mr. Rocha advised that his appointee to the Utility Committee, Ms. Jennifer Harris, passed away.
He stated that while she did not get a chance to serve the City, she was willing.
A moment of silence was held for Ms. Jennifer Harris and her family.
Mr. Hare moved for adjournment, seconded by Mr. Boggerty and unanimously carried.
Meeting adjourned at 10:51 p.m.
JANELLA MAE T. SAPP
INTERIM CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 9, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
RRC/JS/mr
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\08-09-2021 REGULAR.wpd
Exhibits
Exhibit #1 - Correspondence submitted by Mr. John Paradee, Baird Mandalas Brockstedt, LLC
Página 20
EXHIBIT #1
Regular Council Meeting of 08/09/2021
TABl
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John W. Paradee, Esq.
302-677-0061
www.bmbde.com
john@bmbde.com
August 9, 2021
VIA HAND DELIVERY
Roy Sudler, Jr.
City Council President
City of Dover
The Plaza
Dover, Delaware 19901
RE: Lands of Draper Farm Properties, LLC
5.0+/- acres located at 1617 Forrest Avenue
Rezoning Application #Z-21-05
Dear President Sudler and Members of City Council:
I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/- acre
parcel of unimproved real property on the north side of Route 8 in the City of
Dover, more particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000
(the "Property"). The Property is located directly across from the new Dover High
School, along a major arterial roadway which serves as the western gateway into
the City, in close proximity to a number of retail and commercial uses.
The Property is presently zoned R-10 (Residential). DFP has filed the
above-referenced application (the "Application") to rezone the Property to C-2A
(Limited Central Commercial). Critically, the City's most recently-adopted
Comprehensive Plan - which has the force and effect of law - recommends that
the Property be developed for "Mixed Use", which includes C-2A (Limited Central
Commercial) uses. The purpose of this letter is to explain, respectfully, why City
Council has no lawful alternative but to approve Rezoning Application #Z-21-05.
/27739
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Page 2
Background
As you may recall, the City's prior (2008) Comprehensive Plan
recommended that the Property be developed for "Medium Density Residential"
uses, including C-1 (Neighborhood Commercial) uses. Among the goals of the
2008 Comprehensive Plan were the creation of "neighborhood centers" and "urban
centers", which the Plan recommended "be established along major roadways and
feature mixed use development." The 2008 Comprehensive Plan also
acknowledged that "Route 8, west of the railroad tracks, has become a key
commercial corridor for the City", that "jobs and commerce in the retail,
wholesale, and service sectors are an important part of Dover's economic vitality",
and that "commercial centers and corridors contribute to the City's overall image
and the positive feeling of its residents." Finally, with regard to the Route 8
corridor in particular, the 2008 Comprehensive Plan recommended that the area
"continue to develop as either commercial or professional offices."
In August of 2018, when the City was in the process of updating its 2008
Comprehensive Plan, I wrote a letter to then City Planning Director Dave Hugg,
asking that the City to give due consideration to the Plan's recommendations
regarding potential future uses of the Property. See Exhibit "A" attached hereto.
In that letter, I noted the City's desire to annex a number of parcels of land located
to the west of the Property, as part of the natural growth and expansion of the
City's western boundaries. I further noted that, given the continuing trend of
growth and development along the Route 8 corridor at the western gateway of the
City, and the 2008 Comprehensive Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it was
logical and appropriate to upgrade the Comprehensive Plan recommendation for
the Property from "Medium Density Residential" to "Mixed Use" or
"Commercial", in order to allow for mixed-use development that will bring more
retail and commercial business services closer to the growing number of residential
neighborhoods on the west side of the City. I thus requested, on behalf of DFP,
that the City upgrade the Comprehensive Plan recommendation for the Property to
"Mixed Use" or "Commercial", for all the reasons set forth above.
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August 9, 2021
Page 3
Subsequently, on December 16, 2019, in response to DFP's request, the City
Planning Commission recommended (by a 5-2 vote) that the Comprehensive Plan
designation for the Property be changed from "Medium Density Residential" to
"Mixed Use". See Exhibit "B" attached hereto. Thereafter, on January 13, 2020,
the City Council voted unanimously to change the Comprehensive Plan
designation for the Property from "Medium Density Residential" to "Mixed Use".
See Exhibit "C" attached hereto. Thus, as matters now stand, the City's current
Comprehensive Plan - which has the force and effect of law - designates the
Property for "Mixed Use" development, including (according to Table 12-1) a
number of different "Commercial" zoning classifications, namely: C-1
(Neighborhood Commercial), C-lA (Limited Commercial), C-2 (Central
Commercial), C-2A (Limited Central Commercial), C-3 (Service Commercial),
CPO (Commercial and Professional Office), and IO (Institutional and Office).
Indeed, C-2A is not even the most intensive commercial use available to the
Property under the City's current Comprehensive Plan.
Notably, the change made to the Property's designation by the 2019
Comprehensive Plan - from "Medium Density Residential" to "Mixed Use" - is
consistent with the goals expressed in the body of the 2019 Comprehensive Plan.
Recalling that the 2008 Comprehensive Plan sought to "provide a more aggressive
plan of action for the City", with economic development being "one of the most
pressing issues in Dover"1, the 2019 Comprehensive Plan builds upon the 2008
Plan's goals (creating "neighborhood centers" and "urban centers" which feature
mixed use and commercial development "along major roadways", particularly
along the key commercial corridor of Route 8 on the western side of the City) by
seeking to "attract and retain high-paying quality jobs by targeting business sectors
that are best suited for Dover and Kent County" and "ensure that land
development, zoning, infrastructure and other development requirements
encourage the economic development and uses desired". 2 Recognizing that "[t]he
western portion of Dover has received the vast majority of new residential
development since 1985", and understanding that convenient access to retail and
commercial uses "located along major arterial roadways" like Route 8 is necessary
1 See page 1-6 of the 2019 Comprehensive Plan.
2 See page 1-12 of the 2019 Comprehensive Plan.
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to serve the residents of these developments, 3 one of the express policies of the
Land Development Plan (Chapter 12) within the 2019 Comprehensive Plan is to
"permit limited compatible neighborhood commercial uses that support
surrounding residences within residential areas." 4 With regard to "Mixed Use
Areas" in particular, among the stated goals of the 2019 Plan is a recognition that
"there are opportunities for the creation of urban centers. These centers should be
established along major roadways and feature mixed use development. .. " 5 With
regard to "Commercial Land Uses", the 2019 Plan states:
Route 8/Forrest Avenue, west of the railroad tracks, has also become a
key commercial corridor within the City. Dover's residential
neighborhoods also create various local commercial needs. The Land
Development Plan also identifies specific locations [like the
Property] for the development of neighborhood retail and
community shopping center uses within the suburban fringe
[emphasis added]. 6
The Delaware Route 8/Forrest Avenue/Forest Street corridor
continues to be an area subject to ongoing development pressure. It is
a western gateway to the City ... The Plan identifies areas for
Commercial Low Intensity areas [like the Property] intended for
predominantly neighborhood commercial use to meet the
convenience retail and service needs of existing and future
residential areas [emphasis added]. 7
3 See page 2-4 of the 2019 Comprehensive Plan ("convenience retail/service commercial uses
have followed residential development along DE Route 8 in western Dover."). See also page 2-8
of the 2019 Comprehensive Plan ("There is no defined area for retail growth other than that
along Route 13/DuPont Highway, Bay Road, and portions of the Route 8 corridor. In this time
period [2008-2018], the Route 8 corridor saw development of Walgreens, CVS, the rebuild of
McDonald's, Redners, AAA Auto Care, and planning for a new Dunkin Donuts.").
4 See page 12-3 of the 2019 Comprehensive Plan.
5 See page 12-7 of the 2019 Comprehensive Plan.
6 See page 12-11 of the 2019 Comprehensive Plan.
7 See page 12-13 of the 2019 Comprehensive Plan.
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Page 5
Additionally, one of the primary purposes of land use and transportation
recommendations generated by the Delaware Route 8 Concept Plan and
Operations Study performed by the Dover/Kent County MPO - referenced at page
12-13 of the 2019 Comprehensive Plan - is to "promote superior urban corridor
development". 8 As the Study notes, the City's Corridor Overlay Zone (COZ)
"identifies areas along the [Route 8] corridor consistent with the identified Study
Area Transects", and tellingly, Exhibit 2-6 of the Study indicates that the Property
here in question falls within the transitional "Rural to Suburban Zone", where "it is
anticipated that the rural and rural to suburban transects will become more
suburban in character."9 Indeed, Exhibit 2-7 of the Study, entitled "Future Land
Development Opportunities", identifies the Property here in question as an
"underutilized" site (shown in dark blue)IO, which the Study recommends be
targeted for development.
As if it were not obvious enough already that the City of Dover is growing in
a westward direction, and thus, the areas surrounding the Property here at issue are
presently transitioning from rural/suburban to suburban/urban - a trend which the
2019 Comprehensive Plan recognizes will continue over the next 10-20 years - the
Growth and Annexation Plan (Chapter 13) of the 2019 Comprehensive Plan
identifies substantial swaths of land just south and west of the Property as areas
targeted for annexation over the next 5-1 O+ years ("most of the existing developed
or developing areas along Dover's western boundary"). 11 Given the continuing
westward growth of the City along the Route 8 corridor, it is simply unrealistic
naivety (and poor land use planning) to expect that future development of vacant
lands fronting on Route 8 will be anything other than commercial in nature.
It is thus readily apparent that rezoning the Property here in question - from
R-10 Residential to C-2A Limited Central Commercial - is not only consistent
with, but also expressly contemplated by, the 2019 Comprehensive Plan and its
8 See page 2-18 of the Delaware Route 8 Concept Plan and Operations Study, attached hereto as
Exhibit "D".
9 See page 2-19 of the Study.
10 See page 2-21 of the Study.
11 See Map 13-1: Potential Annexation Areas, attached hereto as Exhibit "E".
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accompanying Land Use Maps (see Maps 12-1 and 12-lC). 12 And, as will be
articulated in greater detail below, because the Comprehensive Plan and its Maps
have the force and effect of law, the City Council has no lawful alternative but to
approve Rezoning Application #Z-21-05.
The Comprehensive Plan Has "The Force And Effect Of Law"
One of the most basic and universally recognized principles of Delaware
land use law is that, once adopted, "fa] comprehensive plan shall have the force
of law and no development shall be permitted except as consistent with the plan."
See 22 Del. C. § 702(d). The General Assembly's mandate that development be
"consistent" with the comprehensive plan "is, of course, no mere technicality ... "
See O'NeiJJ v. Town of Middletown, 2006 WL 205071 at *31 (Del. Ch. 2006),
citing Lawson v. Sussex County Council, 1995 WL 405733 at *4 (Del. Ch. 1995).
To the contrary, the requirement to zone in accordance with the City's
Comprehensive Plan is a "fundamental feature" of the General Assembly's
delegation of zoning authority to the City. Id. The question is not whether a
proposed rezoning is reasonably related to the public health, safety, or welfare, but
rather, whether the act of the zoning authority is arbitrary and capricious for
failure to comply with the law (i.e., the Comprehensive Plan), thereby exceeding
the statutory delegation of zoning authority by the General Assembly to the City.
O'Neill at footnote 279. Any zoning determination which is inconsistent with the
City's adopted Comprehensive Plan is per se arbitrary and capricious, and will be
reversed by Delaware courts. See, e.g., Green v. County Council of Sussex
County. 508 A.2d 882 (Del. Ch. 1986); Gibson v. Sussex County Council, 877
A.2d 54 (Del. Ch. 2005) ("Put simply, it is impossible to avoid the conclusion that
the County Council's rejection of the Project was driven by a desire to please the
opponents of the Project, and not by rational factors pertinent to the decision
before the Council. In making a land use approval decision of this kind, the
Council is not free to bend to the prevailing breeze, but must rationally and fairly
apply its zoning code and regulations. That did not occur here and instead the
Gibsons were subjected to an ad hoc exercise of power.").
12 See Exhibit "F" attached.
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In sum, because the City of Dover's 2019 Comprehensive Plan designates
the Property here in question for "Mixed Use" development, including C-2A
Limited Central Commercial - and because that designation has the force and
effect of law - the City Council has no alternative but to approve Rezoning
Application #Z-21-05. Indeed, to do otheiwise would be arbitrary and capricious
perse.
There Is No Specific Use Proposal Before Council At This Juncture, And
Therefore, Any Consideration Of Site Plan Concerns Is Premature
Here, it is critical to note that the Application before Council is not a site
plan application for any particular/specific use - rather, the Application presently
before Council is merely a rezoning application. And while it may be true that the
Application indicates as the proposed use a "convenience store with fuel pumps", it
is also true that granting the Application would not (could not possibly) lead
inescapably or irreversibly to the conclusion that the Property will be developed
for use as a convenience store with fuel pumps. We know this to be true for at
least two (2) reasons: (1) DFP does not have the property under contract with
anyone, for any particular/specific use, and thus, there is no identifiable end user
for the Property at this point in time; and (2) more critically, even if the instant
Rezoning Application is approved, DFP must still secure site plan approval from
the City Planning Commission before any particular/specific use of the Property
can be made (see Article 10, Section 2 of the City Code). 13 For these reasons, it is
impossible to say at this juncture what the actual end use of the Property may
someday be - indeed, if the Application were to be approved, the actual end use of
the Property could be any one of the numerous uses permitted in the C-2A Limited
Central Commercial zone under Article 3, Section 14 of the City Code: a retail
store; a business, professional, or governmental office; a personal service
establishment; a restaurant; a service establishment; a hotel; a place of public
assembly; a drive-through; a number of one family residences, including attached
and semi-detached dwellings; an apartment or multi-family dwelling; or a parking
13 Furthermore, any proposal to operate a convenience store with fuel pumps at the Property
would require an additional conditional use approval from the Planning Commission (see Article
3, Section 14.2(b) and Article 10, Section 1 of the City Code).
Página 28
BAIRD August 9, 2021
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lot or parking structure. See Article 3, Section 14 of the City Code. The plain and
simple reality here is that - even if the Rezoning Application is approved - no one,
not even the Applicant, has any idea what particular/specific use may ultimately be
made on the subject Property. For this reason, it is an exercise in pure conjecture
and speculation to evaluate the Application on the basis of site planning issues or
concerns - like traffic volume or congestion, noise, lights, trash, parking, setbacks,
landscaping, or similar "nuisance" factors - when no one knows for sure what the
actual end use of the Property might be. This is the very reason why any
consideration of site plan concerns is utterly premature at this nascent stage of the
development process. 14
Conclusion
The only question properly before the City Council at this juncture is
whether or not the zoning classification sought by Rezoning Application #Z-21-05
is consistent with the City's 2019 Comprehensive Plan. 15 The answer to that
question is obviously and undeniably in the affirmative. See Table 12-1 of the
2019 Comprehensive Plan, attached hereto as Exhibit "G". See also the
recommendation of the City's professional planning staff, attached hereto as
Exhibit "H" ("Staff recommends that the rezoning for C-2A (Limited Central
Commercial) while retaining the COZ-1 (Corridor Overlay Zone) be granted as
requested, as the proposed zoning is consistent with the 2019 Comprehensive
Plan (as amended) for the Mixed Use Land Use Classification Category."
[emphasis added]).
14 See DelDOT's Development Advisory Committee Application Review Commentary, at page
67 under Exhibit "H", wherein DelDOT indicates no objection to the proposed rezoning and
states, "At such time the property develops it shall be submitted to DelDOT. At that time
schedule a pre-submittal meeting to begin the process [emphasis added]." Clearly, at this
nascent stage of the "process", any attempt to evaluate the potential traffic impacts of any
particular use of the Property is premature at best and utterly speculative at worst.
15 See 22 Del. C. § 304 ("The regulations shall be made in accordance with a comprehensive
plan ... "). See also Section 5.6, Article 10 of the City Code ("In all cases where the city council
shall approve an amendment to the zoning map, the said council shall find that, for the reasons
fully set forth in the said findings, such amendment is in conformity with the comprehensive plan
for the city.").
Página 29
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The City Council has already made the legislative determination, just 18
months ago - and unanimously so 16 - that the C-2A Limited Central Commercial
zoning district is a district whose character and uses are suitable and appropriate
for the Property. It would therefore constitute the epitome of arbitrary and
capricious decision-making to deny Rezoning Application #Z-21-05, on the basis
of purely speculative site plan concerns, when the 2019 Comprehensive Plan
expressly provides that C-2A Limited Central Commercial is a suitable and
appropriate zoning classification for a property (like this one) designated for
"Mixed Use" development. In summary, City Council is compelled to approve
Rezoning Application #Z-21-05 for four (4) very simple reasons:
1. The 2019 Comprehensive Plan identifies C-2A Limited Commercial
Zoning as a suitable and appropriate zoning district classification for the Property.
2. The 2019 Comprehensive Plan has "the force and effect of law".
3. There is no specific use proposal before Council at this juncture, and
therefore, any consideration of site plan concerns is premature. 17
4. To deny Rezoning Application #Z-21-05, on the basis of purely
speculative site plan concerns, when the 2019 Comprehensive Plan expressly
provides that C-2A Limited Central Commercial is a suitable and appropriate
zoning classification for the Property, would be wholly arbitrary and capricious.
16 On January 13, 2020, Council members David Anderson, Roy Sudler, Fred Neil, Ralph
Taylor, and Matt Lindell - all of whom are still on City Council - all voted in favor of changing
the designation of the Property to "Mixed Use" (see Exhibit "C" attached), a designation which
clearly permits C-2A Limited Central Commercial zoning. To deny Rezoning Application #Z-
21-05 now, having previously determined that the C-2A Limited Central Commercial zoning
district was a suitable and appropriate zoning district for the Property, would be wholly arbitrary
and capricious, in direct violation of the 2019 Comprehensive Plan's "force and effect of law".
17 Notably, at present, there is zero evidence before City Council regarding any conceivable site
plan considerations, as there is no specific use proposal before Council, and thus, no studies or
other evidence concerning the potential impacts of same. As noted in the Gibson case, "vague
and unsupported traffic congestion concerns [are] not adequate grounds to deny" an application.
Página 30
.,.•
•......•
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MANDALAS
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August 9, 2021
Page 10
For all of the foregoing reasons, I respectfully request that City Council do
what the law compels Council to do - by voting to approve Rezoning Application
#Z-21-05.
submitted,
-
JWP/lwr
Enclosures
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
Página 32
BAIRD John W. Paradee, Esq .
MANDALAS I 302-677-006]
www.bmbde.com
BROCKSTEDT~I john@bmbde.com
August 20, 2018
David S. Hugg
Planning Director
City of Dover
The Plaza
Dover, Delaware 19901
RE: City of Dover Comprehensive Plan Recommendation for
5.0 +/- acre parcel located on Route 8 in Dover, Delaware
Dear Mr. Hugg:
As you know, I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/-
acre parcel of unimproved real property on the north side of Route 8 in the City of Dover, more
particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000 (the "Property"). The
Property is located directly across from the new Dover High School, along a major arterial
roadway which serves as the western gateway into the City, in close proximity to a number of
retail and commercial uses.
The Property is presently zoned R-10, and the City's existing (2008) Comprehensive Plan
recommends that the Property be developed for "Medium Density Residential" uses, which may
include C-1 (Neighborhood Commercial) uses. Among the goals of the Comprehensive Plan are
the creation of "neighborhood centers" and "urban centers", which the Plan recommends "be
established along major roadways and feature mixed use development." The Comprehensive
Plan also acknowledges that "Route 8, west of the railroad tracks, has become a key commercial
corridor for the City", that "jobs and commerce in the retail, wholesale, and service sectors are
an important part of Dover's economic vitality", and that "commercial centers and corridors
contribute to the City's overall image and the positive feeling of its residents ." And finally, with
regard to the Route 8 corridor in particular, the Comprehensive Plan recommends that the area
"continue to develop as either commercial or professional offices."
It is my understanding that the City is presently in the process of updating its
Comprehensive Plan, and thus, now would be an appropriate time for the City to give due
consideration to the Plan's recommendations regarding potential future uses of the Prope1iy. It is
also my understanding that the City may be desirous of annexing a number of parcels of land
located to the west of the Property, as part of the natural growth and expansion of the City's
western boundaries. Given the continuing trend of growth and development along the Route 8
corridor at the western gateway of the City, and the Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it would be logical
/27739
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BAIRD August 19, 2018
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MANDALAS I
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and appropriate to upgrade the Comprehensive Plan recommendation for the Property to "Mixed
Use" or "Commercial", in order to allow for mixed-use development that will bring more retail
and commercial business services closer to the growing number of residential neighborhoods on
the west side of the City.
I therefore respectfully request, on behalf of DFP, that the City upgrade the
Comprehensive Plan recommendation for the Property to "Mixed Use" or "Commercial", for all
of the reasons set forth above.
Thank you for your time and consideration. If you should have any questions
whatsoever, please do not hesitate to contact me.
JWP/lwr
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
Página 35
CITY OF DOVER PLANNING COMMISSION
DECEMBER 16, 2019
Excerpt from Meeting Minutes - DRAFT
The Regular Meeting of the City of Dover Planning Commission was held on Monday, December
16, 2019 at 7:00 PM in the City Hall Council Chambers with Chairperson Dr. Jones presiding.
Members present were Ms. Edwards, Mr. Hartman, Mr. Baldwin (arrived at 6:53pm), Mr. Tolbert,
Mrs. Welsh, Ms. Maucher and Dr. Jones. Mr. Adams and Mr. Roach were absent. Staff members
present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek and Mrs.
Samantha Bulkilvish.
NEW BUSINESS
1) 2019 Comprehensive Plan - The City of Dover 2019 Comprehensive Plan includes text and a
Map series outlining information and policies regarding land use activities in the City of Dover.
The FINAL DRAFT 2019 Comprehensive Plan (12.3.2019) document is on file at the
Department of Planning and Inspections, City Hall, 15 Loockerman Plaza, Dover and at the
Dover Public Library, 35 Loockerman Plaza, Dover.
See Project website: https://www.cilyofdover.com/2019-comprehensive-plan
a) Project Scope and Process
Mr. Hugg stated that this is an important step in a process that goes back to at least June 2018
or perhaps even further than that to review or refine and ultimately recommend to the Planning
Commission and City Council a new Comprehensive Plan for the City of Dover. You have
probably heard him say many of these things before and he will try to be brief. Dover's current
Comprehensive Plan was prepared in 2008 and formally adopted in 2009 and it has served the
City very well in the decade. Since then, it has had a few modifications but as he has said
multiple times, it was a very good Plan to begin with and so the challenge for the Planning
Staff was to take an already excellent Plan and make it better. To make it a contemporary Plan
that reflects what has happened in Dover over the last decade and where we see the community
going in the future. The requirements for preparation of a Plan are set by State Code and they
require among other things that every ten years a municipal jurisdiction has to review and adopt
a new Comprehensive Plan; hence, the fact that they are now doing it in 2019. There is an
extensive list of items that must be addressed in the Comprehensive Plan: a series of policies
and recommendations and implementation steps; ultimately a Land Development Plan
showing how land will be used in the community and then an Annexation Plan showing how
the community will grow in the future. Where they are in the process is that they are kind of at
the next to the last step. They have spent a long time modifying and addressing and preparing
this plan and getting public input. It has gone through a couple of reviews internally and
externally and reviewed by the State; he will touch on those in a few minutes. It is their
intention to have a fully certified and adopted Comprehensive Plan in affect by February 2020.
Julian Swierczek stated that the project schedule for the 2019 Comprehensive Plan was broken
down into five main phases. The first one and perhaps the most important one was the
Information Gathering. They started, as Mr. Hugg said with the 2008 document, gathered
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 1 of 20
Página 36
various other plans and studies and most importantly they engaged with the public as much as
possible before they could begin the plan and map development which was the second phase
of the 2019 Plan update. From there, they moved to Consideration of the Plan
Recommendations which is where they obviously reflected on what they did, and they reached
out to confirm that they were sort of in the right direction with this new plan. Currently, they
are now in part of the Formal Review and Adoption Process. Finally, they will be moving
hopefully by February 2020 into the Plan Implementation Phase.
Mr. Swierczek continued for the Information Gathering activities, they of course started with
the website for the 2019 Comprehensive Plan. This is where they made available to the public,
all of the information that they were working on, contact information so that they could leave
the door open to the public as much as possible to reach out to them in the process. In Summer
2018, they had done the evaluation of Goals and Recommendations of the 2008 Plan. It was a
good plan and it was a good starting point for us. In 2018 and 2019, there was ongoing reporting
and project updates to the Planning Commission and City Council; so, thank you again for
your valuable input and participation in this project. They did project team meetings of
Planning Staff as well as with City Departments and Divisions. They also met with other State
Agencies and other groups like the State Planning Office and other relevant departments. In
2019, they were doing intergovernmental coordination meetings with neighboring
municipalities and the County. For the engagement activities, they held a series of events
because they wanted to reach out to relevant parties and the public as much as possible. June
13, 2018 was their first public event which was the "Dover Economic Development Forum."
June and July 2018 were a Survey Questionnaire. Many of the Commissioners remember Mr.
Eddie Diaz, he was instrumental as all of us were in trying to formulate what they needed to
find out from the public and other relevant agencies trying to get the feedback to begin this
process. On July 11, 2018 they attended the "Understanding the Housing Market Trends Forum
Event" where they brought together different representatives from the housing sector. On
August 23, 2018 was an Open House Event; the first of several. September 27, 2018 was their
presentation to a Wesley College class where they got some really good feedback from young
adults in the community. June 20, 2019 was the Historic District Workshop. Of course, we are
all aware of our City's beautiful historic character. On October 23, 2019 was another Open
House Event and the following day, October 24, 2019 was a Visitation Event at City Hall.
Throughout their time, they have been working on the process of updating the plan. They
formulated several drafts. There was the Preliminary DRAFT of the Land Development Plan
Map Series, the Preliminary DRAFT of the Annexation Plan Map Series, DRAFT #2A Goals
and Recommendations, and the Preliminary DRAFT of Chapter 15 Implementation Plan. All
of these were pulled out as key components of areas that they really needed to focus on to
finalize the Plan. On August 24, 2019 they released the Staff Draft, and this was really with all
of the other City Agencies that were so instrumental in working with us and coordinating our
efforts to get this Plan written. They wanted to share with them and really get their okay that
they were satisfied with any parts of the Plan relevant to their field of work. On October 1,
2019 they released a First DRAFT of the Documents and Maps. Then on December 2, 2019
they released the Final DRAFT of the Documents and Maps and that is what they have shared
with the Commission for discussion this evening.
b) Preliminary Land Use Services (PLUS) Review by State agencies: Letter of November 8,
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 2 of 20
Página 37
2019
Mr. Hugg stated that throughout this whole process the various drafts and various versions
have been available on our website and available to the public. They have been made widely
available to people to look at, comment on and have input. One of the key steps in the process
of putting together a Plan is something called the Preliminary Land Use Services. It is a State
process where the Office of State Planning Coordination and various State agencies are
provided both an informal and a formal opportunity to comment on various drafts of the
Planning document. Although it isn't on the list, very early in the process they went to the State
submitted the 2008-2009 Plan to them and essentially said tell us what you think of it so that
we have a starting point for any issues that the State might have. Then they had multiple
discussions with State Agencies throughout the entire plan development process. In order to
meet our approval deadlines, they had an October 1, 2019 filing deadline. This essentially sent
the Release Draft to the PLUS Process. They had a meeting with the State Agencies to discuss
the document and give them an overview of sort of where we were. On November 8, 2019 they
received a comment letter back, a formal response from the State, identifying both technical
and grammatical issues as well as potential certification issues that might result in the Plan
ultimately not being approved. One of the things that they provided to Planning Commission
in their packets is a chart that says PLUS Comments. That is our official response back to the
State and what that did was respond to every comment that every State Agency raised during
the course of this process. Some are certification issues which mean that they have to be
addressed before the State could consider certifying and approving the Plan. Some are
comments like you should go back and create a couple of new maps; or some of what you are
trying to explain isn't necessarily clear. They were a couple of cases where they pointed out
topics that they could elaborate a little bit on and at least in one case a suggestion from DelDOT
that they had used some data and text that even they weren't so sure was appropriate; that it
was more confusing than it was informative so we actually took some things out of the Plan as
a result of the State review. As you look through that section you can see what the comment
was, what we did and then importantly where in the document they responded and what our
response was.
The FINAL DRAFT Plan is again at the Office of State Planning with this Chart. They are
hoping that the revisions that they made, the charting of the changes and the other materials
that they supplied allow them to ultimately certify the Plan. He would like to have Mrs.
Melson-Williams walk everyone through the key components of the Plan and at least give
some background on where we are and then they will certainly address any questions or
concerns that you might have. We do have six items/questions that have been brought forward
by various property owners that the Commission will need to deal with tonight.
c) Review of FINAL DRAFT 2019 Comprehensive Plan
Mrs. Melson-Williams stated that with the review of the FINAL DRAFT of the Comprehensive
Plan, this is what they would call the formal review and adoption process. That of course starts
with the issuance of the FINAL DRAFT and that is the document dated December 3, 2019. It's
the text portion as well as the entire Map Series. From a review process standpoint, a public hearing
and review must occur with the Planning Commission and then a review and public hearing has
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 3 of 20
Página 38
been scheduled with City Council for their January 13, 2020 meeting. Focusing on the introduction
to the Plan itself and the key pieces, there is the Plan Document and a series of maps. There are
Goals and Recommendations. The Land Development Plan Map focuses really on land use and
has a text and map component, likewise with the Annexation Plan Maps and then ultimately the
Implementation Plan.
i) Plan and Map Series Format
Mrs. Melson-Williams stated that starting with the Table of Contents, there are a total of fifteen
chapters. The beginning is an introduction and then we move into some data rich chapters in
Chapters 2 and 3 that talk about things like population and applications over the last few years.
Chapter 4 is where we have to present information on how the citizens participated in the process.
Chapters 5 through 11 are really the meat of the document focusing on very specific topic areas.
Chapter 12 is the Land Development Plan. Growth and Annexation is Chapter 13. In Chapter 14,
they have to report on intergovernmental coordination and that's basically with our adjacent
neighboring jurisdictions like the County and nearby municipalities as well as their interaction
with State Agencies. Chapter 15 is ultimately the Implementation Plan, so moving forward what
happens. That is the text side of things and the next side is the list of maps. There are a significant
number of maps. Some chapters have multiple maps associated with them and the text references
the maps. The beginning is with things like where is Dover with a location map. They move into
information on existing land use, natural features and historic resources. Continuing onto the next
list of maps, this is where there are a number of maps now included as part of the Transportation
Chapter that focus on things like streets and their functional classification as well as things like
byways and then concerns where if improvements aren't made, then there are low levels of service
issues perhaps. There is also information about our Downtown Area and where in the City there
are low- and moderate-income areas. Perhaps the most significant map series in the document is
the Land Development Plan Map and then the Annexation Maps as well. For Chapters of 5-11,
there were Planning Staff members assigned to each chapter and they kind of became the experts
in the topic areas ranging from things like natural resources. The Historic Preservation Chapter
actually had some grant assistance in writing that chapter dedicated to Staff time. Other chapters
are titled Transportation, Economic Development, Community Services and Facilities which really
focuses on other City Services that the City provides, where Utilities has its own chapter as Chapter
7 for Water, Sewer, Stormwater and Electric.
ii) Goals and Recommendations
Mrs. Melson-Williams stated that a number of the chapters have chapter goals so even up front in
Chapter 1 as they wrap up the introduction to the Plan, they present the quick summary chart of
the chapter goals. So, each chapter is identified and then has series of four or five goals for that
specific topic area. For example, at the end of Chapter 5 there is a section that lists the goals. Each
goal has a series of recommendations and then the bullet points are the action items to then strive
to meet those recommendations and ultimately the goals. This is the format that was utilized for
those topic chapters.
iii) Land Development Plan Map
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 4 of 20
Página 39
Mrs. Melson-Williams stated that this really has two components and they have to be utilized
together. Chapter 12 is considered the Land Development Plan and the key element of the chapter
goes through talking about each of the land use categories and then the Land Use Matrix that is at
the end of Chapter 12. This takes each of the land use categories that are identified and then lists
the corresponding zoning districts that are appropriate for those land use categories. This is key in
that this chart is utilized for any future Rezonings and will actually be a key element in dealing
with a Comprehensive Rezoning which is one of the Implementation Plan steps. With the Land
Development Plan Map and there is also the Map Series, as presented on the screen is the overall
city view, it is the really colorful map. Each Land Use Category is identified by color. The range
of yellows for example are residential areas; green is open space areas. There are shadings of red
that identify our commercial areas and that is actually one of the changes in this Comprehensive
Plan. In our commercial areas, they've identified a Commercial - Low Intensity, a Commercial -
High Intensity, and then a Commercial - Entertainment Land Use Category so that is something
new for this 2019 Plan. We have areas that are Mixed Use that are a light purple color. Also, areas
of Public Utilities have been separated out in a dark purple color from what are Institutional areas
which are blue and then in Industrial areas which are gray. The royal blue color is the Dover Air
Force Base. We have the overall City Map and then for better readability we developed what are
really quadrant maps which takes this map, chops it up and focuses in on areas across the City so
that it is quadrant based. There is one that focuses right in the Downtown because it ended up on
the comers of four maps. One of the suggestions that the PLUS Process gave was to show them a
map that just focuses on the Downtown area; so, they did that.
iv) Annexation Plan Maps
Mrs. Melson-Williams stated that this is Chapter 13 which is the Growth and Annexation Chapter.
The text has to describe what the City's approach to Annexation is and for them, they have divided
Annexation areas into three categories. Category 1 which is their High Priority Annexation Area
is the darkest green. That is basically areas that are pretty much surrounded by the City otherwise
known as "enclaves." Category 2 areas are a Priority Annexation Area. These areas are perhaps
on the outskirts of the City, but they make sense to round off boundaries and make boundaries a
little easier to read and understand in the landscape. Category 3 is kind of the Long Term
Annexation Areas. These areas may require ultimately more properties to come into the City before
they can even be considered contiguous. They also are areas where it makes sense to create as a
boundary for the City. For example, in the south, the Isaacs Branch is kind of a dividing line
between us and the Town of Camden. There is a light green color that mean Areas of Concern.
They are marked as Areas of Concern because they may be a concern of our jurisdiction as well
as another jurisdiction. An example is some of the lands in the area of Wyoming Mill Road where
there is concern with the Town of Wyoming and what their expansion may be versus what the City
of Dover's future expansion may be. There are also a number of areas to the east of State Route 1
where the City is not looking to expand but we have concerns about what happens on our borders.
So, this is a way to make that known.
The second map that is associated with Annexation is a Land Use Map. So using the same land
use categories that we used for areas within the City, we have to identify for the Category 1 and
Category 2 areas, what the potential land uses would be for those to help with future zoning
selections should these areas become part of the City. It was done for Category 1 and Category 2
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 5 of 20
Página 40
areas. Those are the areas that are most likely or most potentially available for annexation into the
City. They did not identify land use for any locations that were identified as Category 3 or Areas
of Concern. If annexation was anticipated or confirmed eligible for one of those areas, they would
need to move through a Comprehensive Plan Amendment to focus on what the appropriate land
uses should be in those areas before they could be annexed. Those were envisioned as Long Term
Annexation Areas and they did not necessarily want to predict what their future activity would be
at this point.
v) Implementation Plan
Mrs. Melson-Williams stated that the last key piece of the Comprehensive Plan is Implementation
Plan Chapter; this is Chapter 15. It does not have an accompanying map, so you have to read the
text. It takes the Goals and Recommendations and the series of action items that are part of those
Goals and divides them up into a work plan. This is a work plan that is not just for the Planning
Office; it is for the City as a whole. That means other departments would likely be involved in
some of these items. What it does is first identifies Immediate Actions. Immediate Actions would
be adoption of the Comprehensive Plan and getting it certified and then they have to move into
what would be a Comprehensive Rezoning Project. There are a number of things that they have
identified as just Ongoing Activities that are not specifically tied down to one timeframe or
another, but the City is probably working on a more constant basis. Then they have divided the
other items into what are called Short Term, Intermediate Term, and Long Term Implementation.
That focuses on the years up to 2025 and beyond. What it does in each of these areas is identifies
things by project, studies, Code amendments, and other activities. It does focus in on chapter by
chapter so you can easily go back and reference some more detailed information on those items.
With the Plan as noted, has been out for public review since early October 2019. The differences
between the October DRAFT and the FINAL DRAFT are really a lot of housekeeping type things,
proofreading, data correction, name correction, and then focusing on the PLUS Review comments.
Over the time period that they have been dealing with the Comprehensive Plan, there are a number
of specific requests that have come in and Staff has tracked those. We have six of them and Mr.
Hugg is actually going to take us through those. For the Planning Commissioners, we are going to
do a combination of presenting each Request to you and then also conducting the public hearing
on that individuaJ Request. Once we have dispensed with those, they will come back to the overall
Plan to addre s it.
d) Review of Comprehensive Plan Requests:
e) Public Hearing on Comprehensive Plan Requests:
Mr. Hugg stated that obviously in an undertaking of this nature with as much detail and all that
they have been through, there will be certain situations and certain Requests that come from
property owners requesting a particular consideration of their property or a group of properties that
will need to ultimately be determined as the Plan is finally adopted. We received six formal
Requests that were not otherwise resolved and are before you tonight. As Mrs. Melson-Williams
said, we are going to take them individually and conduct a public hearing and then at the end have
the Commission make a recommendation regarding each one. We may not have representatives
for a couple of them here, but they will at least introduce them. He will give the quick version of
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 6 of 20
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the application and then give Staffs Recommendation and then we can open to a public hearing.
i) Request #1: 5.0-acre parcel on north side of Route 8/Forrest Avenue
Representatives: Mr. John Paradee, Baird Mandalas Brockstedt
Mr. Hugg stated that this Request is to change the land use classification from Residential Medium
Density to either Mixed Use or Commercial Use for a 5.0-acre parcel on the north side of Route 8
on Forrest Avenue. This is a Request from Draper Farms, LLC via the attorney John Paradee. The
Request dates back to August 20, 2018. In the letter, it asks about the particular piece of property
which is on the north side of Route 8 west of Mifflin Road to be shown on the Land Development
Plan as a Mixed Use or a potential Commercial use. The DRAFT Plan shows it as a Low Density
Residential Use.
From the letter written by Staff back to Mr. Paradee: "In your letter dated August 20, 2018 you
had requested that land use classification category for the parcel (identified by number) be changed
from Residential Medium Density to Commercial in the Land Development Plan Chapter 12 Map
Series 12-1. The FINAL DRAFT will reflect the recommendations of Planning Staff regarding
your request in reference to Map 12-1 C."
"Planning Staff is not recommending your Request finding that the character and the existing use
of the immediate area of the subject parcel is residential and there is an extensive commercial
corridor further east on Route 8 to the east of Mifflin Road. The section of Route 8 Corridor is a
residential area and with nearby institutional uses (this area is across from the high school and
immediately east of two church locations) are a transition from the rural areas west of Dover to
the commercial areas and center core of Dover. The land use classification as Residential Medium
Density allows for a series of residential zoning districts with a variety of housing types and it also
allows consideration of the C-1 Neighborhood Zone where smaller scale commercial activity is
permitted. The smaller scale commercial activity is likely a more compatible fit given the traffic
concerns along the overall Corridor, the availability of bike and pedestrian facilities and the
adjacent residential land uses."
Dr. Jones opened a public hearing.
Mr. Paradee stated that he wants to commend the Staff for their excellent work on the
Comprehensive Plan; it is a long and laborious process. He has been working with Staff on a
number of different properties along the way for almost two years it seems. You are very fortunate
to have an excellent Staff. He works in a lot of jurisdictions and the City of Dover is one of the
best and one of his favorites to work in. He wants to talk a little bit about the points that were
raised in his letter because what they are asking for here is not as dramatic as it might appear at
first blush. He doesn't believe that the difference between the Staff view of the matter and his
client's view of the matter is all that great. They would like to modify the request slightly. When
they first sent it in back in August 2018, it was a request that the Comp Plan designation be changed
from its current designation to either Commercial or Mixed Use. After conferring with his client
and speaking with Staff, they believe that Commercial would be asking for too much. All they are
really going to be asking for tonight and next month at City Council is for a designation of Mixed
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Use not Commercial. Having reviewed the DRAFT of the Comp Plan, he believes that Commercial
is in fact too much to ask. As Mr. Hugg indicated, the property is located directly across from the
new Dover High School and it is on a major arterial roadway which serves as the western gateway
to this City. It is also not very far from a lot of existing commercial uses. It is about 1,700 feet
from the intersection of Mifflin Road and Route 8. If you think about this particular area of the
City of Dover, it is a lot like Route 10 on the south side of Dover where he happens to live. He
lives in the Windswept Subdivision which was built in the early 1990's. When that subdivision
was built, there really wasn't a lot on Route 10 other than residences. They ultimately ended up
with a shopping center across the street. There are a couple fast-food restaurants as you get closer
to the Air Base but there wasn't anything on the north side of Route 10 until Wawa came along.
He doesn't know how many of the Commissioners remember that, but it was in the County and
still is in the County. Every one of his neighbors opposed it; they thought it would ruin the
neighborhood because as in this case, everything on that side of the street for as far as you could
see was residential. His neighbors knew that he was a lawyer and they asked if he would get
involved and try to help them fight it. Ultimately, the County approved it and now for every single
one of his neighbors it's the first place they stop on the way to work in the morning and it's the
last place they stop on their way home at night. The point simply is that it provides a very much
needed convenience to a residential neighborhood. If you think about the modern concept in
Planning as village development or neighborhood villages; that is what we are talking about here.
You can't simply build a City that has all of the commercial and retail in one part and all of the
residential on the outskirts. You need to have village or neighborhood areas where certain retail
conveniences are provided. What that does is it helps reduce vehicle trips and traffic throughout
the City because if you only have to travel a quarter of a mile to get milk, bread, gas or cigarettes
then that is less traffic that is going all the way across town. The concept of village development
is what we are suggesting here. You can look to your very own Comprehensive Plan to find the
justification for it. The existing Comprehensive Plan says that among its goals are the creation of
neighborhood centers and urban centers which the Plan recommends be established along major
roadways and feature mixed use development. The Comprehensive Plan also acknowledges that
Route 8 west of the railroad tracks has become a key commercial corridor for the City. That jobs
and commerce in the retail, wholesale and service sectors are an important part of Dover's vitality
and that commercial centers and corridors contribute to the City's overall image and positive
feeling of its residents. Finally, in regard to the Route 8 Corridor in particular, the existing
Comprehensive Plan recommends that "the area continue to develop as either commercial or
professional offices." You are also talking about long term, where is the City of Dover going to
grow? There is not a lot of room to the east because that area is environmentally sensitive. There
is not a lot of room to the south because you have Camden-Wyoming. There is not a whole lot of
room to the north other than on the highway because eventually you run into Smyrna. There is a
lot of room on the west and you think what is Dover going to look like 40, 50, 60 or 100 years
from now? Chances are that growth is going to be on the west side of town and you already have
a lot of residential development that has crept out that way over the years. He would respectfully
submit to you that those residents are going to need services. They are going to need groceries,
they are going to need gas, they are going to want some retail; the neighborhood conveniences that
he was talking about earlier and the village concept. He thinks that it would be unrealistic to simply
draw a line at Mifflin Road and say we are not going to allow anything other than residences west
of Mifflin Road. It is not good planning and it doesn't make sense in the long term. What they are
asking that you consider in this particular instance, is a small 5-acre piece of ground directly across
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from the High School that would be proposed for a Mixed Use development, not commercial. That
would allow a number of very limited commercial uses but only upon a Rezoning approval by City
Council. This body would not be deciding tonight what is going to happen at that property in the
future beyond a range of possibilities that the vision of the City can adjudge a later time when it's
appropriate. It is not this body's job tonight to say what is going to happen specifically, what type
of use specifically is going to happen at that property. You are looking at a broad range, a category.
There are specific types of zoning uses that permitted within those categories. What he is
respectfully submitting to you is that Mixed Use would be appropriate here. It would give you and
City Council the flexibility in the future to say upon application we might consider Rezoning this
to C-1, C-2 or C-2A and that is as high as you can go in Mixed Use. The more intensive commercial
uses are not the type of neighborhood village uses that you would want to see in an area where
there are a lot ofresidents; however, C-1, C-2 or C-2A are. They have an honest, professional and
respectful disagreement with the City about how far you can go here. He and Mr. Hugg have
worked together for a long time and he respects his opinion and he hopes that Mr. Hugg respects
his. They just think that Mixed Use here is appropriate given what your Comprehensive Plan has
said. If the City is desirous of growing west in the future, even if it is 30, 40 or 60 years from now
as part of that natural growth and expansion of the City's western boundaries, that continuing
growth and development on Route 8 at the western gateway is contemplated by the Comprehensive
Plan. They simply think that it would be a responsible thing to allow a neighborhood center under
Mixed Use to occur at this property.
Dr. Jones closed the public hearing.
Mr. Hartman questioned that if what Mr. Paradee is proposing is different from what is in Mr.
Hugg's letter because what that proposes does not include the C-2 or C-2A zones? Responding to
Mr. Hartman, Mr. Hugg stated that was correct. What they are showing on the Comprehensive
Plan at this moment, that land use designation includes C-1 but not C-2 or C-2A. As Mr. Paradee
indicated, it's kind of a matter of scale or intensity that the Planning Staff feels that Mifflin Road
is appropriate point for those higher intensity commercial uses to be east of Mifflin Road and if
this area were to accommodate commercial development that it be at the lowest intensity. This is
one of those challenges in land use where the distinctions between particular uses can get very fine
at times. Staff believes that with the neighborhood that is around it and the school across the street,
they would prefer that it remain at a lower intensity commercial.
Ms. Edwards questioned what types of commercial entities can be placed in a Mixed Use? What
is the worst-case scenario? Responding to Ms. Edwards, Mrs. Melson-Williams stated that she is
looking at the Matrix on Page 12-27 which is the Land Use Matrix. It gives the category for Mixed
Use and then the second column lists the potential zoning classifications that a property could upon
application, which is not what is happening here, seek to go to. It lists C-2 but this project wouldn't
be eligible for that given its location. It also lists C-2A, C-1, C-IA and a number of residential
zones from R-8 through RG-4. It does allow for the consideration of a C-3 which is a Service
Commercial zone and then CPO (Commercial Professional Office Zone) and then IO (Institutional
and Office Zone). Most of these commercial zones are going to allow for the mix of typical
commercial uses whether that is a restaurant, personal service establishment, other service
establishments, or the office use. Depending on the commercial zone that you seek, there are in
some cases prohibitions. Some of the commercial zones prohibit things like gas pumps. For
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example, in the C-1 there is a size limitation on the establishment. While the Mixed Use category
allows for a variety of zoning districts ranging from commercial to more office oriented to
residential, the specific zone is where the details of any particular use would be evaluated. That's
where a Rezoning application would really delve into. Action tonight would not lock them into
any particular zoning classification; it gives a list of opportunity and even with that, they can't lock
them into one use or another. Mr. Paradee's request to go to a Mixed Use category does allow for
a mix of zoning districts. What the Comprehensive Plan FINAL DRAFT is showing is this
property as Residential Medium Density which has much more of a residential focus and does
allow for C-1 as the only commercial option.
Ms. Edwards moved to recommend approval to City Council for Request #1 Draper Farms, LLC
property as submitted as Mixed Use, seconded by Mrs. Welsh and the motion was carried 5-2 by
roll call vote with Mr. Adams and Mr. Roach absent. Ms. Edwards voting yes; she agrees with Mr.
Paradee 's reasoning in that with the limited amount of commercial businesses that can be placed
there it would be a good transition at the gateway of the City. Mr. Hartman voting no; with his
limited experience he has to go with the recommendation ofthe Planning Office to have this remain
as Residential Medium Density. Mr. Baldwin voting yes; since the proposal was changed to just
Mixed Use and not Commercial. Mr. Tolbert voting yes. Mrs. Welsh voting yes. Ms. Maucher
voting no; based on Staff recommendations as well as the location of the property right across
from the High School and the large number of students and residential areas around that area.
Dr. Jones voting yes; she buys into the concept of the village development.
ii) Request #2: 1436 New Burton Road
Representative: None
Mr. Hugg stated that this is a Request from Mr. G. Michael Glick on behalf of Lighthouse
Construction. It relates to the parcel ofland at the southern end of the POW-MIA Parkway adjacent
to the railroad. The proposed Land Development Plan identifies this piece of property for Industrial
Uses. Mr. Glick has requested that the designation be changed to Commercial to provide for
development of this tract of land fitting the present future land uses by the government sector,
business and professional sector and medical sector and to classify it to Commercial. Staff has
reviewed the Request and the Staff recommendation is as follows: "Planning Staff is not
recommending your Request finding that the location of the subject parcel between the POW-MIA
Parkway and the railroad corridor has transportation advantages for its development. The location
is isolated from residential development limiting its potential for targeted retail or service
commercial activities. This location is more appropriate for uses that can take advantage of the
proximity to major road and/or rail frontage and access. In its current zoning classification of IPM
(Industrial Park Manufacturing Zone), the opportunity exists for industrial type activities like
manufacturing as well as for office park or other employment center type development needing
road and/or rail access to meet the economic development goals of the plan."
Dr. Jones 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 Request #2 1436 New Burton Road
as recommended by Staff to have the property retain the land use category ofIndustrial, seconded
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by Mr. Tolbert and the motion was carried 7-0 by roll call vote with Mr. Adams and Mr. Roach
absent. Mrs. Welsh voting yes; for reasons stated. Ms. Maucher voting yes; based on Staff
recommendations. Ms. Edwards voting yes; based on Staff recommendations. Mr. Hartman voting
yes,· in order to try to meet the economic development goals in the Comprehensive Plan. Mr.
Baldwin voting yes; based on Staff recommendations. Mr. Tolbert voting yes. Dr. Jones voting yes.
iii) Request #3: 1.81-acre parcel on north side of White Oak Road
Representative: Mr. John Paradee, Baird Mandalas Brockstedt; Mr. Bill Harmon, Jr
Mr. Hugg stated that this is a Request to change from the designation on the Land Development
Plan of Agricultural to Commercial for a 1.81-acre parcel on the north side of White Oak Road
adjacent to State Route 1. The Land Development Plan shows the land use category as Open Space
Conservation and Recreation. The Request is from Mr. William Hannon with Harmon Brothers,
LLC by a letter dated September 22, 2018. The Request is to change the designation to
Commercial. The applicant owns adjacent parcels whose current zoning is C-2A and they wish to
have all of their parcels in the same category. The Planning Staff is not recommending that Request
finding that the location and environmental and natural features of the subject parcel limit
development. Direct access to the parcel is limited by land elevation and the type of the adjacent
roadway elevation difference of White Oak Road and State Route 1 as a limited access highway.
Environmental sensitivity concerns include existing woodland areas, impacts of a Special Flood
Hazard Zone (100-year Flood Plain), and potential for wetlands. The Land Use category
classification of Open Space, Conservation and Recreation, they believe is more appropriate to
preserve the natural environment that is found here.
Dr. Jones opened a public hearing.
Mr. Paradee stated that he is speaking on behalf of Harmon Brothers, LLC and Mr. Harmon, Jr. is
passing out a handout that they would like to share with the Commission. This is more of a
housekeeping application because at the time that they submitted this Request last September there
was a possibility that they may be able to use some of this acreage as part of a development of the
balance of the property. They have since found out that that is not likely or possible at all. This
property has been approved for a Site Plan which is the second page in the packet that you have.
They have preliminary approval for apartment units on the western side of the property
immediately adjacent to White Oak Road. The parcel that is in question tonight has been the
subject of a Flood Plain Map Amendment and prior to that amendment there was a lot more of the
frontage of this parcel that was potentially usable. They have since found out that the Map
Amendment makes this property almost entirely in the Flood Plain and there are wetlands on it of
course. As a practical matter, they are never going to be able to do anything with this property no
matter how you zone it but as a housekeeping matter, they think it makes sense to have all four of
these properties zoned the same because it at least eliminates the disagreement or the risk that
someone could say you can't have an open space or recreational use on an agricultural piece that
serves a Site Plan Development on a commercial piece. There is an inherent conflict in that.
Frankly, it probably doesn't matter much but they would just like to have all four pieces zoned the
same because it is all part of one Site Plan application. Notwithstanding the fact that they won't
be able to do anything with this piece because it is in the Flood Plain. He is going to ask Mr.
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Harmon to give a little bit more information.
Mr. Harmon stated that he works for Harmon Brothers, LLC. His family has owned this property
since 1990 and you notice the three adjacent parcels are zoned C-2A. They have worked with the
Planning Commission and City Council to reach an approved Preliminary Site Plan for residential
on those areas. One of the things that they are looking to have is flexibility in terms of open space
use and juggling parking. One of the things that they haven't decided yet is what type or form the
open space or recreational would take. There is a need in the City for over-5 5 housing but there is
also the need for families to have housing as well. If we have an over-55 development, certainly
the type of recreational or open space amenities that they would have would be very different. It
would probably be an enclosed building rather than an outdoor playground based on the tenants.
They are asking for this to be uniform and they think that there might be some added benefits of
being flexible where they can maybe move some parking to different places. The entirety of this
parcel is not fully covered by either wetlands or Flood Plain. The wetlands are a little more to the
northwest and that is only a small portion. It is more of a Flood Plain issue. They would appreciate
any sort of consideration that the Commission can take in regards to keeping these parcels uniform
and allowing them some flexibility in the future. Again, they really can't do much in terms of
putting a ton of impervious surfaces on the property and they would pledge to use this land
responsibly.
Dr. Jones closed the public hearing.
Mr. Tolbert moved to defer a motion on Request #3: 1.81-acre parcel on north side of White Oak
Road due to the unsureness of the applicant and he would suggest that they workfurther with Staff
to come up with a more conclusive agreement about what should be done with the property that is
being discussed.
The motion was not seconded so motion failed.
Ms. Maucher moved to recommend approval to City Council for Request #3: 1.81-acre parcel on
north side of White Oak Road to change the zoning from Agricultural to Commercial, seconded
by Mrs. Welsh.
Staff asked what level of Commercial Land Use Classification that the motion maker is seeking,
reminding that the Commercial Land Use Categories include: Commercial - Low Intensity,
Commercial - High Intensity and Commercial - Entertainment.
Ms. Maucher stated that she would clarify that it would be consistent with the adjacent properties
so that would be C-2A. Responding to Ms. Maucher, Mrs. Melson-Williams stated that the land
use category for the adjacent properties is the Commercial - Low Intensity.
The motion was carried 6-1 by roll call vote with Mr. Adams and Mr. Roach absent. Ms. Maucher
voting yes; she had some concerns the initial application for the other properties and she thinks
that this will allow them to make some benefits and they fully recognize the limitations on the
property. Ms. Edwards voting yes,· based on the fact that the property is primarily in the Flood
Plain and there are some wetlands on the property and there is limited use of the property. Mr.
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 12 of 20
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Hartman voting yes. Mr. Baldwin voting yes. Mr. Tolbert voting no; consistent with his thoughts.
Mrs. Welsh voting yes; based on the fact that the applicant has clarified their intentions and their
understanding of the limitations of the property and she can see why it would be beneficial to have
everything categorized in the same classification. Dr. Jones voting yes; for reasons previously
stated.
iv) Request #4: Various properties owned by Mt. Zion AME Church in Downtown Dover
Representatives: Mr. John Paradee, Baird Mandalas Brockstedt; Reverend Dr. Erica Crawford, Mt.
Zion AME Church
Dr. Jones recused herselffrom this application because she is a member of the church.
Mr. Tolbert recused himselffrom this application because he is a member of the church.
Mrs. Melson-Williams stated that Vice-Chair Ms. Maucher would need to be the Acting
Chairperson.
Mr. Hugg stated this Request comes to us on behalf of Mt. Zion AME Church in Downtown Dover.
It involves thirteen parcels, eleven of which are currently designated and zoned for Residential
Medium Density Use and two of which are currently Mixed Use. The Church recognizes the goals
of the Comprehensive Plan to revitalize Downtown Dover. The Church has indicated that their long
term vision for future use and development of their properties is to extend the vision of Mr. Richard
Allen to develop their properties for Institutional Uses such as worship space, classroom facilities,
parsonage or other uses which basically benefit the neighborhood. This is a somewhat complicated
request in part because the Church's properties are not necessarily all in one block there. They are
scattered across a couple of individual blocks and as a matter of normal practice, they try to avoid
creating situations where non-contiguous or scattered properties are independently zoned different
from their neighbor or what looks like kind of a hodgepodge of uses. Staffs recommendation states:
"The Request would be for land use classification of the properties to be changed to Institutional in
the Land Development Plan. This would be for all thirteen properties so eleven of them would go
from Residential and a current Mixed Use classification. Planning Staff is not recommending
approval of your Request but instead has made an alternative recommendation; please see Map 12-
lF Land Development Plan. While we are sympathetic to the desires that the Church as set forth in
your letter, the Planning Staff does not support making changes to scattered parcels within this larger
neighborhood. The Land Development Plan reflects the designation of three blocks including these
parcels and properties owned by others as Mixed Use. This land use classification allows for
institutional and office uses as desired by Mt. Zion AME Church as well as a variety of residential
and commercial activities better meeting the opportunities for revitalization, renewal and
redevelopment of this portion of the City." He would add that the blocks immediately south of these
areas are in fact designated for mixed use and he thinks that Staffs position is that by putting a
Mixed Use designation on the area they create many more opportunities for both AME Church and
other property owners to request uses of properties in some cases that might not necessarily
otherwise meet minimum requirements for a particular zoning classification and then would also
allow for some consolidations of properties for a variety of uses.
Ms. Maucher opened the public hearing.
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Mr. Paradee stated that he commends Mr. Hugg for recognizing what the Church is asking for
because it is actually what Mr. Hugg has recommended. He has an opportunity to discuss this with
Mr. Hugg and he did not realize it at the time of the request that everything that the Church wants to
do can be done in Mixed Use as opposed to Institutional/Office which would potentially have some
other bad things. As his letter indicates, this is part of the Downtown Dover Target Area. It is in the
same neighborhood as Wesley College and some other institutions ofleaming and worship. What
the Church would like to do is ultimately develop a campus for a sort of comprehensive unified
approach to worship which might include additional congregational space, perhaps reception areas,
maybe a parsonage or some other residential uses. Mr. Hugg is very wise; he recognized that Mixed
Use would do very nicely. They agree 100% with the Staff recommendation and ask that you give
it favorable consideration.
Reverend Dr. Erica Crawford - Mt. Zion AME Church Dover, DE 19901
Reverend Crawford stated that Mt. Zion AME Church has been a staple in the Dover community for
146 years in the Downtown Dover area. They have been asked by the City repeatedly to do
something with our parcels of land to develop it but based on the fact that is has all been residential,
it has not been developable for the Church. So, they are seeking your favor that as they try to meet
the request of the City to do something other than cut the grass that you will grant our Request.
Mr. David Anderson - 217 Cecil Street Dover, DE 19901
Mr. Anderson stated that he has no comments on the issue because it is not his place to make any
comments because he has that opportunity at another time. Will the Mixed Use be just for these
properties or does that affect other properties in the area? Responding to Mr. Anderson, Mr. Hugg
stated that the designation is basically three full blocks. It is the AME Church properties as well as
all of the others that fall in that extended area; so, it is a broader designation.
Ms. Maucher closed the public hearing.
Mrs. Welsh moved to recommend to City Council approval ofRequest #4: Various properties owned
by Mt. Zion AME Church in Downtown Dover following Staff recommendations ofItems 4A through
4K to change the category to Mixed Use and to retain the current Mixed Use designation for 4L and
4M, seconded by Mr. Baldwin and the motion was carried 5-0 by roll call vote with Mr. Adams and
Mr. Roach absent and Dr. Jones and Mr. Tolbert recused. Mrs. Welsh voting yes; for reasons
annotated in the Request. Ms. Edwards voting yes,· the applicant and the City are in agreement. Mr.
Hartman voting yes; because the City and the applicant are in agreement. Mr. Baldwin voting yes;
based on Staff's recommendations. Ms. Maucher voting yes; for the reasons previously mentioned.
Dr. Jones and Mr. Tolbert returned to the meeting. And Dr. Jones resumed the activities as Chair.
v) Request #5: Lands of Dover Motorsports, Inc./Dover International Speedway
Representatives: None
Mr. Hugg stated that this Request involves a number of parcels. The Request was submitted by
Dover Motorsports, Inc under a letter from October 5, 2018 as a request to preserve the Commercial
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designation of Dover International Speedway property or properties. The letter is from Mr. Dennis
McGlynn, President and CEO of Dover Motorsports, Inc. They feel that it is very important to
preserve the Commercial designation of Dover International Speedway's property. Firefly Music
Festival and NASCAR provides significant economic impact to the region and they do so by making
significant investments in the events themselves and on the property through construction activities.
Without the assurance and confidence that Commercial designations will remain intact, it will be
difficult for Dover International Speedway and Firefly to make future investments in Firefly like
events and activities. For the record, Staff worked closely with Dover Motorsports and Dover
International Speedway to create a new zoRiRg (land use) classification which appears on the Land
Development Map as a dark red and it's called Commercial - Entertainment. The idea was to more
formally recognize the fact that those properties are not just your standard commercial properties
that would otherwise be designated in a commercial zoning district. Staffs recommendation states:
"Planning Staff has worked diligently to craft a land use classification of Commercial -
Entertainment that recognizes the unique nature of the Dover International Speedway properties.
This designation focuses on entertainment, indoor and outdoor recreations, supports gaming and
similar uses where retail activities are secondary to the primary purpose."
They supplied that language to them and Mr. McGlynn's letter goes on to say that "Staff had
requested that they (the speedway) provide language that could be added into the 2019
Comprehensive Plan that would identify their unique use. The references that you provided from the
current Comprehensive Plan seemed more than adequate and is difficult to imagine any
enhancements.
Dr. Jones opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Maucher questioned just to verify that Dover Downs is agreeable to the Staff recommendation.
Responding to Ms. Maucher, Mr. Hugg stated yes, Dover Downs is agreeable to Staffs alternative
recommendation which was to create the Commercial - Entertainment category with its specific
focus on those kinds of activities.
Ms. Maucher moved to recommend approval to City Council for Request #5: Lands of Dover
Motorsports, Inc./Dover International Speedway for the alternative recommendation made by Staff
to create a Commercial - Entertainment category, seconded by Mr. Tolbert and the motion was
carried 7-0 with Mr. Adams and Mr. Roach absent. Ms. Maucher voting yes,· based on Staff
recommendations and the agreement from Dover Downs. Ms. Edwards voting yes,· based on
comments previously made. Mr. Hartman voting yes; based on Staff recommendations and their
hard work with the Speedway. Mr. Baldwin voting yes. Mr. Tolbert voting yes. Mrs. Welsh voting
yes,· due to the fact that the City Planners and the applicant both concur with this new classification.
Dr. Jones voting yes; for reasons previously stated.
vi) Request #6: Designation of Employment Center in vicinity of Kent County AeroPark
Representatives: None
Mr. Hugg stated that this is a Request relating to the Annexation Plan. It was a Request submitted
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 15 of 20
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by Kent County Levy Court. It is a Request to include lands north and west of the Kent County
AeroPark for potential annexation. These lands are identified for a potential employment center
development in the 2018 Kent County Comprehensive Plan. The letter was sent on behalf of Levy
Court by Michael Petit de Mange, the County Administrator on January 25, 2019. Staff agrees and
recommends the approval of this request. The recently adopted and certified the 2018 Kent County
Comprehensive Plan identifies the land area north and west of the AeroPark for potential
employment center development. The County Plan recommends that Master Plans be developed
for such employment center in advance of any land use changes.
Staffs response to the applicant states: "They are writing to request that the City consider an
amendment to the current Annexation Areas Map. A component of the Comprehensive Plan is to
identify lands north and west of the AeroPark for potential annexation to accommodate business
park expansion." The letter indicates that Planning Staff concurs with their request.
The reason that this is an issue is that this is outside of the normal or expected growth zone on the
east side of Route 13 and Route 1. It involves changes to both the County Plan which they made
and changes to our initial philosophy. It's probably one of the two or three major changes in the
2019 Comprehensive Plan versus 2008 Comprehensive Plan.
Dr. Jones opened the public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Edwards moved to recommend approval to City Council for Request #6: Designation of
Employment Center in vicinity of Kent County AeroPark as submitted, seconded by Mrs. Welsh
and the motion was carried 7-0 with Mr. Adams and Mr. Roach absent. Ms. Edwards voting yes,·
based on the fact that Staff concurs with the Request. Mr. Hartman voting yes; to support the
County and the creation of an employment center. Mr. Baldwin voting yes; based on Staff's
recommendation. Mr. Tolbert voting yes. Mrs. Welsh voting yes,· in concurrence with Staff's
recommendations. Ms. Maucher voting yes,· based on Staff recommendations. Dr. Jones voting
yes,· based on Staff's recommendation.
f) Public Hearing on Comprehensive Plan
g) Discussion
h) Action by Planning Commission
Mr. Hugg stated that it is his privilege to ask the Commission to take action recommending to the
City Council the 2019 Comprehensive Plan for the City of Dover with this amendments and
corrections as presented.
Dr. Jones opened the public hearing.
Ms. Kathleen Doyle - 500 North State Street Dover, DE 19901
Ms. Doyle stated that she hasn't looked at the FINAL DRAFT. The last time that she read the Plan
was in October but her two main areas of interest these days are the components that deal with
watershed quality as well as improving air quality. She feels like she had to really do a scavenger
hunt to try to find the specifics that are in the Plan for both of those items. For example, for air
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 16 of 20
Página 51
quality, there is no mention of trees anywhere. Towards the end of the document there is something
about ongoing activities. The more trees, the better the air quality. The City has recently taken
down forty trees in town and she is not sure what the plan is to replace those trees. She knows that
it does say somewhere that there will be ongoing efforts with updating the Tree Planting and
Preservation Ordinance. For watersheds, there has been a lot of great things done along the St.
Jones River, Silver Lake and Mirror Lake over the last ten or fifteen years with planting a lot of
great trees and native plants but then the City allowed those items to not be managed well. About
six months ago or less, they just sprayed everything and now everything is kind of dead along the
North State Street Bridge, along parts of Silver Lake, and parts of Mirror Lake. The
accomplishments that are listed in Comprehensive Plan say that we have updated the Tree Planting
and Preservation Ordinance and developed a buffer along St. Jones, Silver Lake and completed
remediation activities at Mirror Lake. Those are accomplishments and then they are not mentioned
again for the next ten years and yet trees have been taken down and vegetation has been destroyed.
She is concerned about those things. She is hoping that there are some specific actionable items
that are going to happen and that it's not just saying that we have added to these Ordinances.
Mrs. Melson-Williams stated that Chapter 5 is the chapter of the Plan that deals with Natural
Resources and Environmental Protection. There are goals there. An overarching goal of protecting
the natural environment and there is also an overarching goal of improving air quality. For the
Planning Commissioners, she is reading from Pages 5-15 and 5-16. There are a number of
Recommendations that focus efforts in those areas. The Comprehensive Plan does list some action
items, but it may not be as detail specific as what Ms. Doyle is looking for. Yes, in the past there
have been amendments to our Tree Planting regulations. They clarified some of the how you
calculate it but as you all know ordinance writing is always ongoing and their Tree Planting and
Landscape elements of the Zoning Ordinance are probably likely items that we would focus on in
the future. If you look at some of the Implementation items, they are to continue to identify and
help protect those environmentally sensitive areas. One of the things that they do want to focus on
is looking at the City's Recommended Tree List. There are certainly efforts in recent years to focus
on more native plantings and updating their tree list is certainly one of those tasks. Air quality is a
little more elusive on the local level. A lot of the regulations are at the State or Federal level so
their partners with DNREC and others have enforcement mechanisms in that realm. Certainly, the
City is a caretaker of our park areas such as Silver Lake Park. There have been some changes in
the Department of Parks and Rec and with what Public Works also manages. She thinks that there
is at least some recognition of those caretaker activities that there needs to be a better focus on
those areas perhaps and that long-term management planning has been recognized in those areas
as well as other areas of City infrastructure Citywide. She thinks that there are certainly efforts in
this Plan to recognize that the caretaker responsibility in addition to the regulatory side of the City
as well.
Dr. Jones closed the public hearing seeing no one else wishing to speak.
Mr. Hartman stated that he has a quick list of housekeeping items that he saw. Pages 2-5 and 2-6:
TND, PND, SCHO are just listed and not spelled out and he had to look them up. Page 2-10 and
2-11: there are two tables labeled Table 10. On Page 3-7 with all of this data that is coming from
different organizations, Censuses and labor departments but on Table 3-5, you have Management
listed for 2014 as 220 and for 2024 as 150 and on another table, Management is listed with a much
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 17 of 20
Página 52
higher numbers. What is the discrepancy there? Responding to Mr. Hartman, Mr. Hugg stated that
these tables show Employment by Occupation and Employment Projections. You would think that
both coming from the Department of Labor that they would be consistent definitions but
unfortunately, they are not. They wrestled with rather or not they even wanted to include them or
not because in some cases he couldn't necessarily reconcile them, but they are the best information
that's available.
Mr. Hartman stated that on Page 12-1 it references the Comprehensive Zoning Map Amendment
Process and it references Article 10, Section 5.3 and it should be Article 10, Section 5.4. In Table
12-1 (they have looked at that table several times tonight), the table identifies the TND but not a
PND. Why is that? Responding to Mr. Hartman, Mrs. Melson-Williams stated that TND is actually
a zoning district. PND while it sounds like it's a zoning district it is not; it is more an application
process. That is why you do not find it listed in the Land Use Category Matrix.
Mr. Hartman stated that the over-pumping in the Columbian Aquaphor was something that he
noticed in the Report right away and when he reviewed the PLUS comments he sees that it was
the PLUS Process that actually prompted you to put that in the Comprehensive Plan. That is at the
Long Point Road well. He is not sure where that is because he couldn't find it on the map.
Responding to Mr. Hartman, Mrs. Melson-Williams stated that it is not a specific well that is
labeled on the map. The well locations are identified in a general sense, but it does not identify
which aquifer the specific one pumps from. There are a collection of wells that are in the vicinity
of Long Point Road.
Mr. Hartman stated that the Comprehensive Plan mentions a Report by the Delaware Geological
Survey and in that Survey, it talks about over-pumping of the Columbia through irrigation sources
and an electric generating station. In the Comprehensive Plan, you don't mention the electric
generation station. What generation station are they talking about in the Survey that they are
concerned about with over-pumping of the Columbia? Responding to Mr. Hartman, Mr. Lyon
stated that the electrical generation station is Calpine which is located at the Garrison Oak
Technical Park. Their concern is that they believe that the proximity of that power plant and the
proximity of the wells which are on the east side of town directly feed from those wells to the
generation plant but is not accurate. It is fed off of the Distribution System which gets its water
from various locations and it is all interconnected. We only have one pressure system.
Mr. Hartman stated that he recalls when that plant was first considered by the City, there was a
question about over-pumping of the Columbia Aquifer with saltwater intrusion into the aquifer
and partial destruction as the over pumping brings down the level of it and it can't really be brought
back. As a Planning Commission, shouldn't that be an action item for us to look at when something
comes into that location where the electric generation station is? Shouldn't the City look at their
water usage and at least the plan for it in some way? It appears to him that it should be an action
item in the Comprehensive Plan. This Plan is great; he has never looked at it from the point of
view as a Planning Commissioner and it's an excellent road map. But he would like you to address
the Columbia Aquifer and the industry out there. He knows that this is a sensitive point with the
City because it is one of your economic development areas, but if you could address how they are
supposed to approve Site Plans and development in that area with this specter of pumping dry the
Columbia Aquifer.
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 18 of 20
Página 53
Mrs. Melson-Williams stated that the comments about the over-pumping are in the Comprehensive
Plan in the text on Page 7-9 that talks about a general discussion about planning for utilities. While
it is not a specific item in the Goals and Recommendations, there are goals that are specifically
targeted. For example, Goal #1 is to proactively maintain existing infrastructure and expand
infrastructure when beneficial. So, one of those is relating to Utility plans. As Mr. Lyon indicated,
any one entity doesn't exactly get water from just one well because of how our system works. So,
she thinks that it is part of the overall charge of really the Department of Public Works in
addressing how we have an adequate water system. We are regulated related to our draw of water
and from where. Some of it is beyond the expertise of what the Planning Commission is charged
with; it's more on the side of how the Utility provider provides the water source under all of the
regulations that we are required to meet as a City.
Mr. Hartman stated that it is certainly something that the City should look at. Responding to Mr.
Hartman, Mr. Lyon stated that they do. There was a l .5-million-gal1on tank built for that specific
energy center as well as the interconnection at three different points to our distribution system.
They did water modeling and they modeled it as best as they could based on the information given
to us from that developer. Just to reiterate, we have requirements from DNREC at each one of our
well locations. We do not go beyond our Allocation Permits. The DGS Report says that there is
going to be over pumping but that is not just the City of Dover; that is all of the other people on
that side of Route 9.
Mr. Hartman questioned who in the City looks at the water allocation? Is it 60 million gallons a
year or something like that? Responding to Mr. Hartman, Mr. Lyon stated that Public Works looks
at the allocation and they have 11.59 million gallons per day divided by three different aquifers:
Columbia, Cheswold and Piney Point. They keep an eye on that and they have reports daily,
monthly and yearly that they have to give to DNREC.
Mr. Hartman questioned what the process is within the City if someone comes into that industrial
park and wants to use a lot of water? Will you just go to your water allocation of 600 million
gallons a year or will you look at other things like the Report from the Geological Survey about
over-pumping the aquifer? Responding to Mr. Hartman, Mr. Lyon stated that they look at the
demand that the client will be providing and then will calculate based on their water model. The
water doesn't come directly from each aquifer; it is kind of a melting pot from each one. They run
the model and if it works without diminishing our reserves and our fire protection then they
approve it. That is done through the DAC process. When the project comes through that is when
they review it before the Commission sees it and that's what they write in the Reports that go to
the Commission.
Mr. Hartman stated that in the Delaware Geological Survey Report it says the potential for over-
pumping will become more significant when an electric generating station served by the Long
Point Road well is expected to increase capacity and requires more water. Is that accurate?
Responding to Mr. Hartman, Mr. Lyon stated that he has not read that Report in a long time, but
the original intent of that energy station was to have two phases. The first phase was 2.3 million
gallons a day peak demand and the second phase was twice that. Throughout the amount of time
that it has been open, it has gone through various cycles of high demand and they haven't come
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 19 of 20
Página 54
close to that number. His guess is that DGS is looking at the worst-case scenario based on those
projections and running it through their modeling software and assuming that all of water is coming
from Columbia which is not accurate.
Mrs. Welsh moved to recommend approval to City Council for the 2019 Comprehensive Plan
FINAL DRAFT dated December 3, 2019: Planning for a Bigger Better Dover as presented in the
document and map series dated December 3, 2019 along with recommendations on the
Comprehensive Plan Requests #1-6, seconded by Ms. Maucher and the motion was carried 7-0
with Mr. Adams and Mr. Roach absent. Mrs. Welsh voting yes. Ms. Maucher voting yes,· she thinks
that it is a wonderful work product and she appreciates all of the hard work that went into it by
Planning Staff. Ms. Edwards voting yes; she does want to commend the Staff as she knows there
was a tremendous amount of time and energy invested in the Comprehensive Plan, so thank you.
Mr. Hartman voting yes,· it is impressive work. Mr. Baldwin voting yes,· it's a job well done. Mr.
Tolbert voting yes,· the job was well done in a most professional manner. Dr. Jones voting yes,· for
the reasons previously stated.
Note: A Public Hearing before the City of Dover City Council on the 2019 Comprehensive Plan
has been scheduled for January 13, 2020 at 7:30 P.M., in the City Council Chambers of City Hall.
(Ordinance #2019-21)
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 20 of 20
Página 56
Regular City Council Meeting Agenda
January 13, 2020 - 7:30 p.m.
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
Open Forum - 15 Minutes Prior to Official Meeting (7:15 p.m.)
The "Open Forum" segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the
agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided
during consideration of that item. Citizen comments are limited to three (3) minutes. Council is
prohibited from taking action since they are not in official session; however, they may schedule such
items as regular agenda items and act upon them in the future.
Invocation by Bishop Thomas L. Holsey
Pledge of Allegiance Led by Councilman Cole
Adoption of Agenda
* Consent Agenda
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There
will be no separate discussion of these items unless a member of Council so requests, in which event
the matter shall be removed from the Consent Agenda and considered a separate item.
1. Adoption of Minutes - Regular Council Meeting of December 9, 2019
2. Certificate of Congratulations - Dr. Wilma Mishoe
3. Selection of the Chief of Police
4. Public Hearing/Final Reading of Proposed Ordinance #2019-21
The First Reading of the Proposed Ordinance was accomplished during the Council meeting of
December 9, 2019. The ordinance is available at the entrance of the Council Chambers and on
the City's website at www.cityofdover.com under "Government."
A. Adoption of the 2019 City of Dover Comprehensive Plan
5. Resolution #2020-01 - Requesting the 150th General Assembly of the State of Delaware
to Continue Investment and Support of Wesley College as Intended by the Higher
Education Economic Development Fund
Página 57
Council Agenda - January 13, 2020 Page2
* 6. Monthly Reports - November 2019
A. City Assessor's Report
B. City Council's Community Enhancement Fund Report
C. City Manager's Report
D. City Planner's Report
E. Controller/Treasurer's Budget Report
F. Fire Chief's Report
G. Police Chief's Report
* 7. Quarterly Review - Capital Investment Plan (CIP) (July, August, and September)
8. Contract Services for Library Management
(Staff Recommendation: Authorize the City Manager and her designees to enter into an
agreement for library management services with Library Systems & Services, LLC for an
amount not to exceed $200,000. The agreement will be for one year. Any extension of the
contract would require a full Request for Proposal process.)
9. Discharge of Bicycle and Pedestrian Subcommittee (Lindell)
10. Final Reading - Proposed Ordinance #2019-20
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting
of December 9, 2019. The ordinance is available at the entrance of the Council Chambers and
on the City's website at www.cityofdover.com under "Government."
A. Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes,
Section 102-113 - Qualifications
11. City Manager's Announcements
12. Council Members' Announcements
13. Adjournment
/tm
S:IAGENDAS-MINUTES-P ACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2020101-13-2020 Council Agenda-With Resolution.wpd
Executive Session Pursuant to:
29 Del. C. § I 0004(b )(2) - Preliminary discussions on site acquisitions for any publicly funded capital improvements,
or sales or leases of real property;
29 Del. C. § 10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law,
with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an
adverse effect on the bargaining or litigation position of the public body;
29 Del. C. § 10004(b)(6) - Discussion of the content of documents, excluded from the definition of"public record" in
§ 10002 of this title where such discussion may disclose the contents of such documents;
29 Del. C. § 10004(b )(9) - Personnel matters in which the names, competency and abilities of individual employees are
discussed, unless the employee requests that such a meeting be open
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.
Página 58
City of Dover
2019 COMPREHENSIVE PLAN
The City of Dover 2019 Comprehensive Plan includes text and a Map series
outlining information and policies regarding land use activities in the City of Dover.
The FINAL DRAFT 2019 Comprehensive Plan (12.3.2019) document is on file at
the Department of Planning and Inspections, City Hall, 15 Loockerman Plaza, Dover
and at the Dover Public Library, 35 Loockerman Plaza, Dover.
See Project website:
https ://www.cityofdover.com/2019-comprehensive-plan
The following packet of information is provided to the Dover City Council for
review of the 2019 Comprehensive Plan. This information includes the
Recommendations of the Planning Commission from their Public Hearing and
Review of the Plan on December 16, 2019. The Public Hearing/Final Reading of
Proposed Ordinance #2019-21 for the Adoption of the 2019 City of Dover
Comprehensive Plan is scheduled for the City Council Meeting of January 23,
2020.
• FINAL DRAFT 2019 Comprehensive Plan (12.3.2019): A copy of the
FINAL DRAFT (paper hard copy) was provided on December 9, 2019 to
City Council Members for your review. The document and map series can
also be found on the Project website and at the locations noted above.
• Additional Exhibit Items:
o Exhibit 1: Project Summary Report
o Exhibit 2: Preliminary Land Use Services (PLUS) Review Letter of
November 8, 2019
o Exhibit 3: Staff Response Chart of 12.10.2019 to PLUS Review
o Exhibit 4: PLUS Follow-up Letter (Final Review-Revisions Accepted)
• Exhibit 4A: OSPC Final Review Letter of December 19, 2019
• Exhibit 4B: PLUS Follow-up/ Final Review Email of
December 19, 2019 from Office of State Planning Coordination
• Exhibit 4C: Follow-up Emails from OSPC and DNREC dated
Cover Sheet - Review of FINAL DRAFT 2019 Comprehensive Plan Page 1 of 2
Página 59
December 19, 2019 with Information Update on Watersheds
(associated with Request D)
o Exhibit 5: Information on the Requests
• Chart of Comprehensive Plan Amendments Requests #1-6 and
A-D (Updated 1.2.2020 to included Planning Commission
Recommendations)
o Exhibit 6: Package of Requests: Cover Sheet Summary of Request,
Request Letters, Response Letters, Attachments, and associated Final
Draft Map(s)
o Exhibit 7: Map 12-1: Land Development Plan - Planning Commission
Recommendations on Requests # 1-6
o Exhibit 8: Excerpt of Planning Commission Meeting Minutes of
December 16, 2019
o Proposed Ordinance #2019-21 to Adopt 2019 Comprehensive Plan
Cover Sheet - Review of FINAL DRAFT 2019 Comprehensive Plan Page 2 of 2
Página 60
2019 Comprehensive Plan Amendment Requests Submitted During the Public Comment Period
throue:h Januarv 2 2020
Request# PARCELID
'
Application Notes Requested By Staff Recommendation• PCACTIOH CCIICTION
Request change from Residential Medium Density to Draper Farm Properties, LLC via John Paradee Not Recommended Change designation to Mixed Use. Vote 5-2
Mixed Use or Commercial for 5.0 acre parcel on north side Letter of 8-20-2018 in favor.
1 ED-05-075.00-01-07.00-000 Land Development Plan of Route 8/Forrest Avenue
Request change from Industrial to Commercial for parcel G. Michael Glick via Letter of 8-28-2018 Not Recommended Follow Staff Recommendation to remain as
between POW/MIA Parkway and Railroad Corridor/New Industrial. Vote 7-0 in favor,
2 ED-05-085.00-01--07 .00-000 Land Development Plan Burton Road
Request change from Agricultural (zoning) to Commercial Harman Brothers, LLC via William Harman Letter Not Recommended Change designation to Commercial-Low
for 1.81 acre parcel on north side of White Oak Road of 9-22-2018 Intensity. Vote 6-1 in favor.
adjacent to State Route 1. Note: LOP shows Land Use
Category for parcel as Open Space, Conservation,
3 ED--05-068.11-01-02.00-000 Land Development Plan Recreation.
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4A ED-05-076,08-03-31.00-000 Land Development Plan Institutional/Office for 120 N. Queen Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
Request change from Re$1dential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
48 ED-05-076.08-03-32.00-000 Land Development Plan lrutltutional/Offia, for 110 N. Queen Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4C ED--05-076.08-03-33.00-000 Land Development Plan Institutional/Office for 108 N. Queen Street. 10-3-2018 Recommendation Use. Vote 5--0 in favor (2 recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4D ED-05--076.08-03-34.00-000 Land Development Plan Institutional/Office for 106 N. Queen Street. 10-3-2018 Re com mendatlon Use. Vote 5-0 in favor (2 recu sed).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4E ED--05-076.08-03-35.00-000 Land Development Plan Institutional/Office for 104 N. Queen Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused) ,
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4F ED--05-076.08-03-37 .00-000 Land Development Plan Institutional/Office for 101 N_Queen Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused) .
Request change from Residential Medium Density to Mt Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4G ~D--05-076.08-03-38.00-000 Land Development Plan Institutional/Office for 107 N. Queen Street 10-3-2018 Recommendation Use. Vote 5--0 in favor (2 recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4H ED-05-076.08-03-48.00-000 Land Development Plan Institutional/Office for 118 N. New Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused) .
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
41 ED--05-076.08-03-49.00-000 Land Development Plan Institutional/Office for 118 N. New Street 10-3-2018 Recommendation Use. Vote S-0 in favor (2 recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4J ED--05-076.08-03-53.00-000 Land Development Plan Institutional/Office for 106 N. New Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recu>ed).
Request change from Residential Medi um Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4K ED-05-076.08-03-55.00-000 Land Development Plan Institutional/Office for 102 N. New Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
ED-05-076.08-05-10.00-000 Request change from Mixed Use to Institutional/Office for Mt. Zion AME Church via John Paradee Letter of Not Recommended Follow Staff Recommendation to remain as
4L 35 N. Queen Street 10-3-2018 Mixed Use. Vote 5--0 in favo; (2 recused).
Land Development Plan
Request change from Mixed Use to Institutional/Office for Mt. Zion AME Church via John Paradee Letter of Not Recommended Follow Staff Recommendation to remain as
37 N. Queen Street 10-3-2018 Mixed Use. Vote 5-0 in favor (2 recused).
4M ED-05-076.08-05-11.00-000 Land Development Plan
Request to preserve Commercial designation of Dover Dover Motorsports Inc. via Letter of 10-5-2018 Alternative Approval of Staff Recommendation for
International Speedway's property(ies). Recommendation creation and designation as Land Use
Land Development Plan & Category of Commercial-Entertainment,
5 Multiple parcels Plan Text Vote 7-0 in favor.
Request to include lands north and west of the Kent Kent County Levy Court via Michael Petit de Recommended Approval as submitted per Staff
County AeroPark for potential annexation. Identified for Mange (County Administrator) Letter of 1-25- Recommendation for Annexation
potential Employment Center development in the 2018 2019 designation. Vote 7-0.
6 Multiple parcels Annexation Plan Kent County Comprehensive Plan.
• Notes: Requesu w ith affirmative Staff Recommendations have been incorporated into the FINAL DRAFT (11.3.2019] Comprehen.slve Plan and its map senes. Ri,queru with neg;n,ve Staff Recommendations have not been onduded on the FINAL DRAFT Plan.
Comprehensive Plan 2019 Final DRAFT Public Hearing
December 16, 2019 Planning Commission and January 13, 2020 City Council
Página 61
Request for Changes
to City of Dover 2019 Comprehensive Plan
Request #1 1
Parcel ID: ED-05-07 5. 00-01-07. 00-000
Application Type: Land Development Plan
Notes: Request change from Residential Medium Density
to Mixed Use or Commercial for 5.0-acre parcel on
north side of Route 8/Forrest Avenue
Requested By: Draper Farm Properties, LLC via John Paradee Letter
of 8-20-2018
Staff Recommendation: Not Recommended
Planning Commission Motion to change Land Development Plan
Action - Request #1: Map designation to Mixed Use for property.
Vote 5-2 in favor.
Página 62
BAIRD fC:/3 h'•
6 \l-f2D John W. Paradee, Esq.
MANDALAS ! 9'l
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302-6n-0061
www.bmbde.com
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August 20, 2018
David S. Hugg
Planning Director
City of Dover
The Plaza
Dover, Delaware 19901
RE: City of Dover Comprehensive Plan Recommendation for
5.0 +/- acre parcel located on Route 8 in Dover, Delaware
Dear Mr. Hugg:
As you know, I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/-
acre parcel of unimproved real property on the north side of Route 8 in the City of Dover, more
particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000 (the "Property"). The
Property is located directly across from the new Dover High School, along a major arterial
roadway which serves as the western gateway into the City, in close proximity to a number of
retail and commercial uses.
The Property is presently zoned R-10, and the City's existing (2008) Comprehensive Plan
recommends that the Property be developed for "Medium Density Residential" uses, which may
include C-1 (Neighborhood Commercial) uses. Among the goals of the Comprehensive Plan are
the creation of "neighborhood centers" and "urban centers", which the Plan recommends "be
established along major roadways and feature mixed use development." The Comprehensive
Plan also acknowledges that "Route 8, west of the railroad tracks, has become a key commercial
corridor for the City", that "jobs and commerce in the retail, wholesale, and service sectors are
an important part of Dover's economic vitality", and that "commercial centers and corridors
contribute to the City's overall image and the positive feeling of its residents." And finally, with
regard to the Route 8 corridor in particular, the Comprehensive Plan recommends that the area
"continue to develop as either commercial or professional offices."
It is my understanding that the City is presently in the process of updating its
Comprehensive Plan, and thus, now would be an appropriate time for the City to give due
consideration to the Plan's recommendations regarding potential future uses of the Property. It is
also my understanding that the City may be desirous of annexing a number of parcels of land
located to the west of the Property, as part of the natural growth and expansion of the City's
western boundaries. Given the continuing trend of growth and development along the Route 8
corridor at the western gateway of the City, and the Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it would be iogical
/27739
Página 63
.,.
•
•....•
BAIRD
MANDALAS I
BROCKSTEDT ~I
August 19, 2018
Page 2
and appropriate to upgrade the Comprehensive Plan recommendation for the Property to "Mixed
Use" or "Commercial", in order to allow for mixed-use development that will bring more retail
and commercial business services closer to the growing number of residential neighborhoods on
the west side of the City.
I therefore respectfully request, on behalf of bFP, that the City upgrade the
Comprehensive Plan recommendation for the Property to "Mixed Use" or "Commercial", for all
of the reasons set forth above.
Thank you for your time and· consideration. If you should have any questions
whatsoever, please do not hesitate to contact me.
JWP/lwr
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
Página 64
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2019-21
I BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 70 I
4 - Establishment; Membership, of the Delaware Code, the City of Dover established a Planning
5 Commission; and
6 WHEREAS, Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
7 Comprehensive Development Plan, Paragraph (e) of the Delaware Code requires that at least every
8 ten years, a municipality's adopted comprehensive plan shall be "revised, updated, and amended as
9 necessary, and readopted"; and
10 WHEREAS, at a special meeting on December 2, 2008, the Dover Planning Commission reviewed
11 and approved the 2008 Dover Comprehensive Plan (Final Draft dated October 31, 2008), and
12 forwarded it, with revisions, to the City Council for adoption; and
13 WHEREAS, the City Council held a public hearing on the 2008 Comprehensive Plan on January 5,
14 2009 and then on February 9, 2009 approved Ordinance #2008-44 to adopt the Planning
15 Commission's recommended Comprehensive Plan; and
16 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
17 - Comprehensive Development Plan, of the Delaware Code, the City of Dover adopted a
18 comprehensive plan update known as the 2008 Comprehensive Plan on February 9, 2009; and
19 WHEREAS, having adopted a comprehensive plan in 2009, the City desires to comply with the
20 provisions of Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
21 Comprehensive Development Plan, Paragraph (e), of the Delaware Code by reviewing and updating
22 the 2008 Comprehensive Plan; and
23 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
24 - Comprehensive Development Plan, of the Delaware Code, the Planning Commission will conduct
25 a public hearing on December 16, 2019 to consider the approval of the 2019 Comprehensive Plan
26 (Final DRAFT dated December 3, 2019) and forward it along with any recommendations to the City
27 Council for adoption; and
28 WHEREAS, the City Council is scheduled to hold a public hearing on the 2019 Comprehensive Plan
29 on January 13, 2020 and then act on Ordinance #2019-21 to adopt the Planning Commission's
30 recommended Comprehensive Plan; and
31 NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover adopt
32 The Dover Plan: 2019 Comprehensive Plan - "Planning for a Bigger Better Dover", as amended, and
33 submit the Plan to the Governor for Certification.
34 EFFECTIVE DATE: The 2019 Comprehensive Plan shall become effective upon the receipt of the
35 certification by the Governor.
ADOPTED: *
S:IORDINANCES\2019\DRAFTIORDrNANCE #2019-21 ADOPTION OF 2019 COMPREHENSIVE PLAN\ORDrNANCE #2019-21 ADOPTION OF 2019 COMPREHENSIVE PLAN - Final
Rcading.wptl
Página 65
39 SYNOPSIS
40 The proposed ordinance would adopt the 2019 Comprehensive Plan as approved and
41 recommended by the Dover Planning Commission and amended by motion of the
4-2 Dover City Council.
43 Actions History
44 01/13/2020 - Scheduled for Public Hearing/Final Reading - City Council
45 12/09/2019 - First Reading - City Council
Página 66
City of Dover, DE 2019 Comprehensive Plan
Rle,
FINAL DRAFT
Map 12-lC: Land Development Plan Date Updated: 12/01/2019
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Página 67
REGULAR CITY COUNCIL MEETING
The Regular Council Meeting was held on January 13, 2020 at 7:30 p.m. with Council President
Hare presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin,
Mr. Cole, Mr. Polee, Mr. Taylor, and Mr. Lindell.
Staff members present were Major Stump, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief
Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that Council
was not in official session and could not take formal action.
Mrs. Claudia Johnson, owner of32 Wyoming Avenue and 391 Beechwood Avenue, spoke about the
hardship that the Clean Hands Act places on the residents and the need for a review of the vacant
property ordinance to prevent the hardship.
The invocation was given by Bishop Thomas L. Holsey, followed by a moment of silence for Deputy
City Solicitor William Pepper and his family and the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Slavin requested that item #3, Selection of the Chief of Police, be renumbered as item #7.
Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Sudler and
unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Sudler and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 9, 2019
The Minutes of the Regular Council Meeting of December 9, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Sudler and bore the written approval of Mayor
Christiansen.
CERTIFICATE OF CONGRATULATIONS - DR. WILMA MISHOE
The City Clerk read the following Certificate into the record:
CERTIFICATE OF APPRECIATION
Presented to Dr. Wilma Mishoe
It is with sincere appreciation and admiration that we honor your momentous 40-year career in higher
education. We recognize the historic event of having served as the first female Chief Executive at
Delaware State University, continuing your father's legacy. We recognize the outstanding leadership
and immeasurable contributions made to the students, faculty, and administration.
Página 68
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE2
Congratulations on your retirement and best wishes on your future endeavors!
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Sudler presented the
Certificate to Dr. Wilma Mishoe.
Dr. Mishoe stated that it had been an honor to serve not just Delaware State University, but to
represent the City of Dover and the state of Delaware all around the world and she thanked the City
for the recognition and her family and church for being there with her.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2019-21
A public hearing was duly advertised for this time and place to consider adoption of the 2019 City
of Dover Comprehensive Plan. Council President Hare reminded members of the public that copies
of the proposed ordinance were available at the entrance of the Council Chambers or on the City's
website at www.cityofdover.com under "Government."
Mr. Sudler moved that the Final Reading of Proposed Ordinance #2019-21 be acknowledged
by title only, seconded by Mr. Neil and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of December 9, 2019.)
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the 2019 City of
Dover Comprehensive Plan and the review process that was undertaken by Planning Staff. He noted
that the Planning Commission unanimously recommended adoption of the ordinance.
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the comments and requests received
during the public comment period and the Planning Commission's recommendations related to those
requests.
Responding to Mr. Polee, Mr. Hugg stated that the requests with affirmative Staff recommendations
have been incorporated into the final draft of the Comprehensive Plan and its map series and the
requests with negative Staff recommendations were not included in the final draft plan. He noted
that they would not be making those changes unless Council members concurred. Mr. Hugg advised
that the Planning Commission recommendations would be incorporated into the final document as
corrections once Council acts favorably upon them.
Mr. Anderson requested Mr. Hugg to explain mixed use, which would affect a lot of areas.
Responding, Mr. Hugg stated that mixed use is a zoning classification that recognizes both the
historic pattern of development in the City and the fact that in some neighborhoods the way property
is used is not necessarily the majority of the activity. He noted that the residential zoning
classification is pretty straightforward; however, the downtown area has been impacted by 200 to
300 years of land use decisions so mixed use is a category that is intended to be broader with more
flexibility. Mr. Hugg advised that there was a matrix on page 1226/1227 of the document in
Chapter 12 that shows how the land use and the land development categories match up against the
zonmg.
Página 69
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE3
Mr. Neil reviewed the changes that he had recommended, as follows:
• Include a note that the City does not provide for healthcare, social services or education;
• Include a note in either Chapter eight or nine that the City Council has approved a lodging
tax dedicated to the infrastructure of the City;
• Update the housing figures to reflect NCALL's home ownership work; and
• Change the language in Chapter 15 on page 15/6 to urge access to Route 1 from Garrison
Park Center, noting that it is already listed in Chapter nine on page 9/16.
Mr. Taylor asked if mass transit, such as a railway system or civil air terminal, was a consideration
in the Plan. Responding, Mr. Hugg advised that there were formal processes for amending and
implementing the Plan. He also noted that the document weighs heavily in the work of the
Metropolitan Planning agency and influences the City's relationships with DelDOT in terms oflong
range transportation planning. Mr. Hugg advised that they were looking at an air cargo terminal and
motor freight transportation.
Council President Hare declared the public hearing open.
Mr. John Pardee, Baird Mandalas Brockstedt LLC, stated that he was in favor of the plan, generally.
With regard to Request #1, Draper Farm Properties, he advised that they agree that a commercial
zone would be too intensive and that a mixed use zone would be appropriate.
Responding to Mr. Neil, Mr. Hugg advised that the designation of the land use category does not
preclude or authorize any particular design or development decision and the property would be
required to go through the zoning and site plan processes, which would include a review by DelDOT.
Responding to Mr. Anderson, Mr. Paradee stated that there were currently no particular plans for the
properties belonging to Mt. Zion AME Church (requests #4A - #4M). He noted that the church owns
a number of disparate properties with different zonings and setbacks in a three-block area within the
City. Mr. Paradee advised that the church is looking for, in its vision to deliver its message to the
community, the ability to have some flexibility for growth such as an expanded fellowship hall and
a residence for employees or the Reverend on-site, thereby creating a small campus that is integrated
and makes sense for the future vision of the church. Mr. Paradee advised that they agree with Staffs
recommendation for a mixed use zone.
Referring to request #3, Harman Brothers LLC - White Oak Road, Mr. Pardee advised that this was
a composite of three or four parcels, all but one of which is already zoned C-2 commercial. He
stated that they were asking for the last parcel to be changed from open space to commercial to
match the rest of the properties.
Responding to Mr. Lindell, Mrs. Melson-Williams stated that the Institutional and Office (IO) zoning
classification is typically used for professional offices, schools, colleges, universities, and other
public institutions such as civic buildings. She noted that most of the large school sites and large
campus-like establishments throughout the City now have an IO zoning classification. The uses of
churches and schools can occur in some of our other zoning districts, but the IO zoning, that is the
primary focus for at least large campus-like establishments for those types of uses.
Página 70
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE4
Mrs. Melson-Williams advised that Chapter 12 discusses institutional land uses and the land use
matrix, which focuses primarily on the IO zoning district but notes that uses can be conditionally
approved through a special review process. She stated that all properties in the City of Dover have
a zoning classification with a list of uses that are permitted without any specialized review process
and conditional uses with a very specific review process. Mrs. Melson-Williams advised that if the
use is not in one of those two lists, then the Code is considered silent and it would not be permitted
in that zone.
Responding to Mr. Sudler, Mrs. Melson-Williams stated that Staff could do map comparisons to
provide the locations and zoning designations of the emergency shelters located in Dover.
Ms. Ann Smith, NAACP Central Branch president, asked if, in the process of developing the Plan,
the 43% black and the 47% white population had input into the Plan. Responding, Mr. Hugg stated
that the Plan was posted on the website, there were a number of workshops and public hearings, they
met with a number of interest groups, and they did a survey citywide that was both on the website
and in hard copy throughout the City library and other places to offer the public as many
opportunities as they wanted to avail themselves of an opportunity to not only talk to them about
what was going on in the city and what they liked or did not like about the existing Comprehensive
Plan, but what they would like the new Comprehensive Plan to address. Ms. Smith expressed
concern that the make up of the City Committees should reflect the population that is served.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Polee moved for adoption of Ordinance #2019-21 as amended by the Planning
Commission's recommendations for requests numbered one, three, four, five, and six, and that
the 2019 City of Dover Comprehensive Plan be submitted to the Governor for certification.
The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted
Ordinance #2019-21, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 701
- Establishment; Membership, of the Delaware Code, the City of Dover established a Planning
Commission; and
WHEREAS, Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
Comprehensive Development Plan, Paragraph (e) of the Delaware Code requires that at least every
ten years, a municipality's adopted comprehensive plan shall be "revised, updated, and amended as
necessary, and readopted"; and
WHEREAS, at a special meeting on December 2, 2008, the Dover Planning Commission reviewed
and approved the 2008 Dover Comprehensive Plan (Final Draft dated October 31, 2008), and
forwarded it, with revisions, to the City Council for adoption; and
Página 71
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGES
WHEREAS, the City Council held a public hearing on the 2008 Comprehensive Plan on January 5,
2009 and then on February 9, 2009 approved Ordinance #2008-44 to adopt the Planning
Commission's recommended Comprehensive Plan; and
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
- Comprehensive Development Plan, of the Delaware Code, the City of Dover adopted a
comprehensive plan update known as the 2008 Comprehensive Plan on February 9, 2009; and
WHEREAS, having adopted a comprehensive plan in 2009, the City desires to comply with the
provisions of Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
Comprehensive Development Plan, Paragraph (e), of the Delaware Code by reviewing and updating
the 2008 Comprehensive Plan; and
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
- Comprehensive Development Plan, of the Delaware Code, the Planning Commission will conduct
a public hearing on December 16, 2019 to consider the approval of the 2019 Comprehensive Plan
(Final DRAFT dated December 3, 2019) and forward it along with any recommendations to the City
Council for adoption; and
WHEREAS, the City Council is scheduled to hold a public hearing on the 2019 Comprehensive Plan
on January 13, 2020 and then act on Ordinance #2019-21 to adopt the Planning Commission's
recommended Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover adopt
The Dover Plan: 2019 Comprehensive Plan - "Planning for a Bigger Better Dover", as amended, and
submit the Plan to the Governor for Certification.
EFFECTIVE DATE: The 2019 Comprehensive Plan shall become effective upon the receipt of the
certification by the Governor.
ADOPTED: JANUARY 13, 2020
RESOLUTION NO. 2020-01-REQUESTING THE 150TH GENERAL ASSEMBLY OF THE
STATE OF DELAWARE TO CONTINUE INVESTMENT AND SUPPORT OF WESLEY
COLLEGE AS INTENDED BY THE HIGHER EDUCATION ECONOMIC
DEVELOPMENT FUND
Mr. Sudler moved to read Resolution No. 2020-01 by title only, seconded by Mr. Neil and
unanimously carried.
Mr. Slavin advised that he had a perceived conflict of interest on this issue in that his wife is an
employee of Wesley college and would remove himself from the chamber during the discussion.
By unanimous consent, Resolution No. 2020-01 was unanimously adopted (Slavin abstaining)
as follows:
Página 72
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE6
ARESOLUTIONREQUESTINGTHE150THGENERALASSEMBLYOFTHESTATEOF
DELAWARE TO CONTINUE INVESTMENT AND SUPPORT OF WESLEY COLLEGE
AS INTENDED BY THE HIGHER EDUCATION ECONOMIC DEVELOPMENT FUND
WHEREAS, Wesley College was founded on September 1, 1873; and
WHEREAS, Wesley College has been a treasured resource for The City of Dover and The State of
Delaware throughout its almost 150-year history; and
WHEREAS, Wesley College's main campus occupies fifty (50) acres of land and occupies
nineteen ( 19) buildings in the heart of the City of Dover; and
WHEREAS, Greater than 50% of Wesley College's student body are Delawareans; and
WHEREAS, Over 80% of Wesley College graduates remain in Delaware following graduation; and
WHEREAS, Wesley College has of over 300 employees, and is one of the largest employers in Kent
County; and
WHEREAS, Wesley College is the only institution in the state besides Delaware State University
that is a designated Title III eligible school: and
WHEREAS, Wesley College is one of the State's major healthcare providers, with one of the top
Nursing (Undergraduate and Graduate) programs, and the only Masters of Occupational Therapy
program, in the State; and,
WHEREAS, Wesley College contributes nearly Eighty Million Dollars ($80,000,000.00) to the local
Kent County Economy; and
WHEREAS, Wesley College exists to liberate and empower its students with the knowledge, skills,
ethical attitudes and capacity for critical thinking needed to achieve personal and professional goals
and to contribute to the local and global society; and
WHEREAS, the 150th General Assembly allowed Wesley College the privilege of being awarded
Higher Education Economic Development Investment Funds to be expended to supplement
investments that Delaware's institutes of higher education are making to improve job growth, job
retention and economic development in the State.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council respectfullyrequestthe 150th
General Assembly of the State of Delaware continue investment and support of Wesley College as
intended by the Higher Education Economic Development Fund.
BE IT FURTHER RESOLVED that the Mayor and Council commend Wesley College on their
efforts to date in improving their fiscal efficiency and increased educational opportunities, as well
as economic growth for our region, state, and community.
Página 73
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE7
AND FINALLY, BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk
to make this resolution a part of the permanent records of the City of Dover as a lasting symbol of
appreciation and gratitude to the 150th General Assembly of the State of Delaware for recognizing
the vital importance of Wesley College to the City of Dover and Kent County.
ADOPTED: JANUARY 13, 2020
MONTHLY REPORTS - NOVEMBER 2019
By motion of Mr. Neil, seconded by Mr. Sudler, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council's Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chiefs Report
Police Chiefs Report
OUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
December 31, 2019.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of December 31, 2019. The motion was seconded by Mr. Sudler and
carried by a unanimous roll call vote.
SELECTION OF THE CHIEF OF POLICE
Mr. Sudler moved to recess into Executive Session pursuant to 29 Del. C. §10004 (b)(9) -
Personnel matters in which the names, competency and abilities of individual employees are
discussed, unless the employee requests that such a meeting be open. The motion was seconded
by Mr. Slavin and unanimously carried.
The Regular Council Meeting recessed into Executive Session at 8:36 p.m. and reconvened at
9:31 p.m.
Mayor Christiansen read the following into the record:
"Good evening members of the Council, staff, general public,
I'd like take this opportunity to publicly thank the Chief of Police Selection Committee for their
efforts in filling this most vital position in the City of Dover. I'd like to recognize City Manager
Donna Mitchell, HR Director Kim Hawkins, Council President Bill Hare and Councilman Ralph
Taylor. With due diligence they waded through 22 applications which were very diverse and were
from across the country. In numerous meetings, we whittled those down to six candidates who were
Página 74
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGES
chosen to be spoken to as moving through the process and finally we ended with three down to two
to the final one which I will make as part of the presentation.
It is important that the public understand that they fulfill that responsibility to the members of this
Council who asked us to take that responsibility on, but more over we fulfilled our responsibility to
the citizens of the City of Dover. With due diligence, integrity, fidelity, and professionalism along
with the best openness that we were allowed in accordance with the processes of hiring individuals.
We were advised by a labor lawyer, Mike Stafford, who provided us with information as we moved
along through the process.
At this point in time before I move on further into this presentation, I would once again also like to
publicly thank Deputy Chief Tim Stump for his outstanding job as he did as acting chief of the
department. He is truly a dedicated public servant to our citizens and to our City and I value his
service greatly, but I also value his friendship. Thanks again, chief.
As advised by the committee's attorney, I will now give the members of Council an overview of the
qualifications of the candidate which led to the recommendation of the name that we will mention.
I have been given advice and information and the permission from that candidate to use his name.
So I will recommend the name of Thomas Johnson for the position of Chief of the Dover Police
Department. I'll give the members of Council an overview of his qualifications.
Thomas Johnson is a 24 year veteran of the Upper Darby Police Department in Delaware County,
Pennsylvania. He's a graduate of the Northwestern University School of Police Staff and Command.
He is an adjunct professor for the University of Pennsylvania. His current position is captain of
training and professional standards reporting directly to the superintendent of police. His current
responsibilities include continuing education for the members of his department operational training.
He is deep in the hiring process of new officers, credentialing policy procedure, and internal affairs.
He has served six years as captain of the administration with responsibilities including the uniform
crime report, police records, station security, cellblock security, budget management, community
affairs, community policing, support functions and specialty units such as SORT and other teams.
He has served on the command staff for the last eight years and has over 14 years of leadership
experience in the Upper Darby Police Department. His current special projects include directing a
comprehensive update of the policy manual for his department, release supervised training program
developed in collaboration with Penn State University and chairing the committee responsible for
acquisition of a custom crime scene response vehicle.
Other duties throughout his career, he has worked in community affairs policing, directing a
NARCAN program, and the addiction recoveryofreferral system, the administration of the budget,
police records, the uniform crime report, fixed assets, facilities, and the civilian staff, responsibility
for the operation of the DUI task force of the highway patrol unit, which is their motorcycle unit and
the accident investigation unit. He is a veteran paramedic, nationally certified. He is a volunteer
firefighter. His current agency is the largest municipal agency in Delaware County and is one of the
most populous in the Commonwealth of Pennsylvania. He and his department serve diverse
neighborhoods representing an estimated 100 separate cultures, student body at a number of
institutions of higher learning within the confines of the Upper Darby Police Department which they
have folks that speak over 70 different languages. He is well versed in diversity.
Página 75
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE9
His interview demonstrated his knowledge of today's police trends and needs as well as his
understanding of the administrative side of the police agency. He also portrayed his patience and
active listening and learning skills. At this time Mr. President, I would take the opportunity to ask
yourself or Councilman Taylor to build upon the report that I have given and I once again offer to
you the name of Thomas Johnson to be the next police chief of the Dover Police Department and I
yield the floor to you Mr. President."
Mr. Taylor stated that as a retired Dover police officer and a member of the search committee he
was looking for certain abilities within the new chief. The abilities to guide, train, direct, motivate,
inspire and unite, unite, unite our community. To guide you got to have vision. To train you must
understand your community. To direct you must be a leader of leaders. To motivate you have to
make every officer want to do better each and every day that they are here serving our community.
To inspire, again you make people better. To unite you must collaborate. Chief Johnson has
exceeded those criteria. Chief Johnson fully understands he is new only at this position, but not at
life, not at being a police officer.
Mr. Taylor advised that Chief Johnson has implemented numerous diversity programs and is aware
that we cannot arrest our way out of the opioid epidemic that we face, the gang violence, the
homelessness, a progressive downtown that's on the verge of exploding into something positive.
Chief Johnson understands that he has a role here and his role is more than just the chief who was
telling people that you're under arrest, it is the chief that is building a community. He understands
these things and I wholeheartedly support him. Chief Johnson understands that when he succeeds,
we all succeed. lfl had to do it all over again, I would select chief Johnson again, thank you very
much.
Council President Hare stated that he remembers Mr. Johnson saying that if he was to get the
position, it would not be about him. It would be about the officers that work for him, making sure
they have what they need and the community, making sure the community has what it needs and that
one of his roles is to ensure that he is a leader in getting that for his officers and the community. He
wants to reach out to the community and have meetings within the neighborhoods, within the
communities, and find out what the issues are and if they are being addressed.
Council President Hare noted that Mr. Johnson wants to expand hiring opportunities and to reach
out to different areas so we have a diverse group of candidates applying and not just one or two
people. He wants to have a bigger pool to choose from so he can make his force diverse. Mr. Hare
noted that Mr. Johnson is also experienced in budgeting and is very qualified.
Mr. Sudler thanked Mayor Christiansen and the Committee for their due diligence and for looking
at the diversity and the diversity initiative that will be moving forward. He stated that he had the
utmost confidence that the right person was selected.
Responding to Mr. Neil, Mayor Christiansen stated that Mr. Johnson would be available in the early
part of February.
Mayor Christiansen reaffirmed that he was submitting for the approval of Council the name of
Thomas Johnson to be the next Police Chief of the Dover Police Department.
Página 76
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE 10
Mr. Sudler moved to consent to Mayor Christiansen's appointment of Thomas Johnson as the Chief
of Police. The motion was seconded by Mr. Lindell.
Mr. Anderson stated that he had concerns earlier regarding an unintentional hiccup in the process;
however, it appears that the candidate is very qualified and is going to bring a strong plan to address
issues of crime in this community and to keep building upon the foundation of diversity and
inclusion that has been started in our Police Department. Someone who has strong experience in
budgeting and I think he should definitely be given a chance. Mr. Anderson encouraged everyone
to look at what he brings to the table and not be distracted by other issues but remember that we have
a City that is in need of long term leadership and a crime strategy and so they need to act and he
supports this action.
Mr. Taylor stated that it was mandated by the Committee that this new Chief of Police live within
the City limits. He stated that he believes that living outside the City, taking City resources
elsewhere is not doing them any favors. Mr. Taylor said that he believes that the new Police Chief
needs to live amongst them and be a part of this community.
The motion to consent to Mayor Christiansen's appointment of Thomas Johnson as the Chief
of Police was carried by a unanimous roll call vote.
Mayor Christiansen once again thanked the solicitor for some of his sage advice during this process.
CONTRACT SERVICES FOR LIBRARY MANAGEMENT
Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis Regarding
Contract Services for Library Management.
Staff recommended authorizing the City Manager and her designees to enter into an agreement for
library management services with Library Systems & Services, LLC for an amount not to exceed
$200,000. The agreement will be for one year. Any extension of the contract would require a full
Request for Proposal process.
Mr. Neil, noting that he was a big fan of the Library, stated that he hopes that they uphold the
standard of programming, which is truly outstanding.
Mr. Anderson stated that, according to section 2-82, this item should have been brought to the Parks,
Recreation, and Community Enhancement Committee because there are a number of policy
implications and questions associated with this, some of which have to do with long term problems.
He asked if LS&S has a database and if they are just going to look at their database with no regard
for the hard work they are trying to do with diversity and inclusion or if they are encouraging local
applicants. Mr. Anderson also asked what the hiring standards were and if their hiring process had
been investigated.
Mr. Harline stated that this is a difficult position and in this market apparently it is a very difficult
hire to find. He noted that they went through a process and had a couple of candidates, one of which
took another position before the City did the hiring. Mr. Harline stated that the other candidate was
not what they were looking for.
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE 11
Mr. Anderson expressed concern with LS&S's involvement in the hiring of a long-term library
director. Responding, Mr. Harline advised that he would also participate in that hiring process.
Responding to Mr. Polee, Mr. Harline advised that a "pay for success" modeling was not included
in the contract.
Mr. Neil moved for approval of Staff's recommendation to authorize the City Manager and
her designees to enter into an agreement for library management services with Library
Systems & Services, LLC for an amount not to exceed $200,000. The agreement will be for one
year. Any extension of the contract would require a full Request for Proposal process. The
motion was seconded by Mr. Sudler and carried by a unanimous roll call vote.
DISCHARGE OF BICYCLE AND PEDESTRIAN SUBCOMMITTEE LINDELL
Mr. Lindell advised members that, due to concern over the recent resignations of subcommittee
members, he relayed to Mayor Christiansen and members of City Council that he thought a
discussion about the discharge of the Bicycle and Pedestrian Subcommittee was warranted, given
the mass turnover as well as some other issues. He stated that he requested that this item be placed
on the Safety Advisory and Transportation Committee agenda; however, the Committee Chair,
Councilman Taylor, disagreed and the item was placed on the Council agenda for discussion.
Members discussed at length their concerns with the subcommittee, the benefit of having the
subcommittee and its accomplishments, and other issues needing attention.
Mr. Neil called the question, which was unanimously carried.
Mr. Slavin moved to refer this item to the Safety Advisory and Transportation Committee.
The motion was seconded by Mr. Polee and unanimously carried.
FINAL READING - PROPOSED ORDINANCE #2019-20
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City's website at www.cityofdover.com
under "Government."
Mr. Sudler moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Neil and unanimously carried. (The First Reading of the proposed
ordinance was accomplished during the Council Meeting of December 9, 2019.)
By motion of Mr. Neil, seconded by Mr. Polee, Council, by a unanimous roll call vote, adopted
Ordinance #2019-20, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 -
Qualifications, Paragraph (d) of the Dover Code be amended to read as follows:
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE 12
Sec. 102-113. - Qualifications.
(d) Any persons purchasing residential real property in which they will reside within the
downtown redevelopment high priority target area defined in Appendix C shall be
given tax relief from the payment of real estate taxes in the following manner: first
year of ownership, total tax abatement; second year of ownership, 75 percent tax
abatement; third year of ownership, 50 percent tax abatement; fourth year of
ownership, 25 percent tax abatement; fifth year of ownership, no tax abatement.
Provided however that the homeowner is required to occupy the home as their
principal place ofresidence during the entire time that the taxes are abated and if the
property ceases to be their principal place of residence at any time during the
four-year period of abatement, then they shall lose their right of abatement and shall
be required to pay immediately all taxes abated up to the time that the home ceases
to be their principal residence. In order to obtain the tax abatement, the homeowner
must make application by affidavit submitted to the city assessor showing
qualification for the abatement and each year thereafter, submit a similar affidavit
showing their continued right to the abatement. If qualification for the abatement
ceases within the four-year period of abatement the homeowner is required to notify
the city assessor of the lack of qualification for the abatement and within 90 days
from the date the qualification ceases, pay all taxes abated in the past.
ADOPTED: JANUARY 13, 2020
CITY MANAGER'S ANNOUNCEMENTS
None.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler congratulated the new Police Chief.
Mr. Anderson announced that there would be a free public event at noon on Martin Luther King Day,
Monday, January 20, 2020 at Delaware State University. He stated that it was going to be a
tremendous event and encouraged everyone to attend and to remember this important event.
Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 10:40 p.m.
TRACI A. McDOWELL
CITY CLERK
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE 13
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 13, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:IAGENDAS-MIN\JTBS-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minules\2020\01 -13-2020 REGULAR CITY COUNCIL.wpd
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Delaware 8 Concept Plan and
Operations Study
May, 2008
Página 82
Table of Contents
Executive Summary
1. Purpose and Need
2. Existing Conditions
2.1. Environmental and Cultural Resources
2.1.1. Cultural Resources
2.1.2. Wetlands and Waterways
2.1.3. Hazardous Waste Sites
2.1.4. Environmental Justice
2.2. Roadway Characteristics
2.2.1. Roadway Description
2.2.2. Multi-modal Facilities
2.2.3. Signalization
2.3. Study Area Characteristics
2.3.1. Land Use
2.3.2. State, City Land Use and Transportation Policies and Projects
3. Capacity and Level of Service Analysis
3.1. Traffic Data
3.1.1. DataCollection
3 .1.2. Traffic Forecasting Methodology
3.2. Capacity and LOS Analysis
3.2.1. Introduction
3.2.2. Methodology
3.2.3. Capacity and LOS Analysis
3.2.4. Corridor Performance and LOS Analysis
3.3. Back of Queue Analysis
3.4. Operational Issues
4. Pedestrian, Bicycle and Transit Analysis
4.1. Pedestrian Facilities
4.2. Bicycle Facilities
4.3. Transit Facilities and Service
5. Crash Analysis
5 .1. Corridor Crash Data
5.2. Crash Data at Intersections
5.2.1. Mifflin Road and Route 8
5.2.2. Kenton Road and Route 8
5.2.3. Independence Boulevard and Route 8
5.2.4. Saulsbury Road and Route 8
6. Alternatives
6.1. Common Improvements
6.2. Alternative 1
6.3. Alternative 2
6.4. Alternative 3 - No Build
6.5. Context-Sensitive Design (CSD) Techniques for Pedestrians, Bicycles and
Transit Facilities
6.5.1. Introduction
6.5.2. Crosswalk and Pedestrian Crossing Improvements
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6.5.3. Pedestrian Refuge Islands and Medians
6.5.4. Bulb-Outs
6.5.5. Channelized Right-Turn Lanes
6.5.6. Bicycle Lanes and Shared-Use Paths
6.5.7. Transit Stops and Amenities
6.5.8. Countdown Pedestrian Signal Heads
7. Recommendations
7 .1. Preferred Alternative
7.2. Early Action Contracts and Project Phasing
List of Exhibits, Tables and Appendicies
Chapter 1
Exhibit 1-1 .. .... .......... Study Area: Delaware 8 -Artis Drive to Delmarva Secondary
Railroad
Chapter 2
Exhibit 2-1 ................ Environmental and Cultural Resources
Exhibit 2-2 ................. Study Area Census Tract
Exhibit 2-3 ................ Typical Sections
Exhibit 2-4 ................ Critical Intersections
Exhibit 2-5 ................ Existing Land Use
Exhibit 2-6 ................ Study Area Transects
Exhibit 2-7 ................ Future Land Development Opportunities
Exhibit 2-8 ................ Proposed Land Development Patterns
Exhibit 2-9 ................ State Investment Levels
Table 2-1 ...... . . .. ........ Previously Surveyed Historic Resources within the Study Area
Table 2-2 ..... . ............ Newly Identified Architectural Resources within the Study Area
Table 2-3 ...... ... ......... Racial Distribution, Median Household Income, and Population
Below Poverty Status
Table 2-4 .................. Existing General Transportation and Land Use Characteristics
Table 2-5 .. ..... ..... ... ... Development/Redevelopment Opportunities and Restrictions
Chapter 3
Exhibit 3-1 ......... ....... 2006 AM (PM) Peak Hour Traffic Volume
Exhibit 3-2 ................. 2030 AM (PM) Peak Hour Traffic Volumes w/New
Developments
Table 3-1 .................. LOS Criteria for Signalized Intersections
Table 3-2 .................. LOS Criteria for Unsignalized Intersections
Table 3-3 .................. Average HCM Delay & LOS for Signalized Intersections
Table 3-4 .................. Average HCM Delay & LOS for the Unsignalized Intersection
Table 3-5(1) ............... Summary of Control Delay and LOS-DE Route 8 & Mifflin
Road
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Table 3-5(2) ...... .... . .... Summary of Control Delay and LOS-DE Route 8 & Kenton
Road
Table 3-5(3) ...... ........ .Summary of Control Delay and LOS-DE Route 8 &
Independence Boulevard
Table 3-5(4) . .... ... .. ..... Summary of Control Delay and LOS-DE Route 8 & Modern
Maturity Center
Table 3-5(5) ... ... .. . ... .. .Summary of Control Delay and LOS-DE Route 8 & Saulsbury
Road (DE Route 15)
Table 3-5(6) .. ... . .. .... .. . Summary of Control Delay and LOS-DE Route 8 & Gibbs
Drive
Table 3-5(7) ... . ...... .... . Summary of Control Delay and LOS-DE Route 8 & Ridgely
Street
Table 3-5(8) . ... .. . .... . . .. Summary of Control Delay and LOS-DE Route 8 & Weston
Drive
Table 3-6 ... .... . ... . ..... .Urban Street LOS by Class
Table 3-7 ............. .. .. .Arterial Average Travel Speed & LOS
Table 3-8(1) ......... . .. .. . Summary of 95 th Percentile Bac k of Queue
Table 3-8(2) .... .. ... .... .. Summary of 95 th Percentile Back of Queue
Table 3-8(3) ..... .... .. .... Summary of 95 111 Percentile Back of Queue
Table 3-8(4) ......... .. ... .Summary of 95 th Percent ile Back of Queue
Chapter 4
Exhibit 4-1 ... . ... . .. . .. ... Hot Mix Path West of Saulsbury Road
Exhibit 4-2 ................ Bus Shelter at Kenton Road & Route 8
Exhibit 4-3 ................ Existing Transit Facilities
Exhibit 4-4 . . . . ..... .... . .. DART Transit Route on Eastbound Route 8, West of Saulsbury
Road (Route 15)
Exhibit 4-5 .. . ........ ..... DART Transit Route on Eastbound Route 8, West of Gateway
West Shopping Center
Chapter 5
Table 5-1 .. .... ... ... .. . ... Crashes by Year
Table 5-2 .. .... ... .. ... .. .. Crashes by Severity
Table 5-3 .... .. ....... . .... Crashes by Lighting Conditions
Table 5-4 ......... . ........ Crashes by Pavement Surface Conditions
Table 5-5 .................. Crashes by Collision Types
Table 5-6 . ... .. .. . ..... . .. .Intersection and Control Type
Table 5-7 .................. High Crash Intersections on Route 8
Table 5-8 .................. Collision Types at Mifflin Road Intersection
Table 5-9 . .. .. .... .... . .. .. Collision Types at Kenton Road Intersection
Table 5-10 .. ... . ......... ... Collision Types at Independence Boulevard Intersection
Table 5-11 ....... . .... . ..... Collision Types at Saulsbury Road Intersection
Chapter 6
Exhibit 6-1 .. .. . .. .. ....... Textured Crosswalk
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Exhibit 6-2 .. ... ..... ...... Driveway with no pedestrian amenities
Exhibit 6-3 . . ... .... ..... ..Preferred design of driveway crossings
Exhibit 6-4 .. .. ..... . ...... Pedestrian refuge island
Exhibit 6-5 ......... ....... Pedestrian refuge island within landscaped boulevard
Exhibit 6-6 .. .............. Schematic of bulb-out and pedestrian visibility
Exhibit 6-7 ...... . ... . . .. ..Tighter angle channelized right-tum lane design
Exhibit 6-8 .. .. ............ Pork Chop Island with textured surface and ADA compliant curb
cuts
Exhibit 6-9 ................ Bike lane and right-tum lane combination
Exhibit 6-10 ............... Bus stop at Independence Blvd with amenities
Exhibit 6-11 ..... .......... Bus stop at Saulsbury Road without amenities
Exhibit 6-12 ... ...... . . .... Countdown Signal Head
Table 6-1 . .. .. .. .... ... .. . .Alternative Analysis-Average Delay & LOS for Signalized
Intersections
Table 6-2 ............... . .. Common Improvements Analysis
Table 6-3 ......... ...... . .. Alternative 1 Improvements Analysis
Table 6-4 .. . .. ...... . .. .... Alternative 2 Improvements Analysis
Appendix A: DelDOT Traffic Forecast
Appendix B: Roadway Link ADT Calculation
Appendix C: Signal Timings
Appendix D: Synchro HCM Print-Outs
Appendix E: SimTraffic Print-Outs
Appendix F: Meeting Minutes
Appendix G: Preferred Alternative
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Delaware 8 Concept Plan and Operations Study Executive Summary
Executive Summary
Introduction
Route 8 is an important local and regional corridor for Delaware. Within the City of
Dover limits it serves as the primary western gateway into the City. In 1992, the City
adopted a Corridor Overlay Zone on Del. 8 to address both aesthetic and functional
aspects of the roadway. In 2000, the Strategic Development Plan for the West Side
report was prepared which identified strategies to improve the corridor.
The purpose of this project is to conduct a planning level study of Route 8 that will
develop a concept of the corridor as an aesthetic gateway to the west side of Dover and
address the need to provide a safe and efficient traffic flow, accommodate multiple
modes of travel and provide access to the adjacent land uses. In addition, the concept
plan will evaluate land use issues in order to develop strategies to guide future
transportation and land use decisions.
The process followed to develop the concept plan included data collection, analysis,
development of alternatives and the identification of a preferred alternative. A
comprehensive public involvement process was used throughout the project to help
identify issues, develop alternatives and to gain consensus among the stakeholders.
Data Collection
An initial step in the project was to perform data collection. Base mapping was gathered
from 2002 aerial photography. In addition, high resolution digital ortho-imagery was
collected along the corridor. Existing environmental and cultural resources were
identified using research of existing records and mapping and field verification.
Proposed land developments were also reviewed and incorporated into the study. Crash
records throughout the corridor covering a three year period were gathered and reviewed.
Turning movement counts were conducted at each signalized intersection within the
corridor and Automatic Traffic Recorders were placed for two full weekdays. From this
information, existing 2006 peak hour, average daily traffic volumes, and truck
percentages were developed. Utilizing DelDOT' s traffic model, 2030 traffic volumes
were developed. Finally, pedestrian, bicycle and transit facilities were inventoried and
reviewed for compatibility with current standards.
Analysis
The analysis of the existing conditions focused on safety issues, capacity deficiencies,
multi-modal needs, and land use trends.
Safety - There were 132 reported crashes from January 2003 to December 2005.
Clash clusters were identified at Mifflin Road, Kenton Road, Independence
Boulevard, and Saulsbury Road. It was noted that the majority of crashes (55%)
involved injuries. This can be attributed to the fact that 57% of the incidents were
either left turn or angle crashes. This type of crash is related to the
protected/permissive phasing of the signals. Through field observation and the
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Delaware 8 Concept Plan and Operations Study Executive Summary
public input, it was observed that many drivers violate existing right turn only
access points. While the crash reports did not identify this as statistically
significant problem, it does create an operational problem within the corridor.
Capacity/Level of Service - Capacity and level of service (LOS) analysis is used
to estimate the traffic-carrying ability and quality of service provided by the
roadway facility. A SYNCHRO traffic model was developed for existing and
future (2030) traffic volumes. A LOS analysis was performed to identify existing
capacity deficiencies and future problems under a no-build scenario.
The analysis determined that all signalized intersections have acceptable levels of
service for the existing and future conditions with the exception of Saulsbury
Road and Kenton Road. Saulsbury Road will have a LOS F in the future AM and
PM peak hours and Kenton Road will operate at a borderline LOS E in the future
PM peak hour. In addition, the unsignalized intersection of Forest Street and
Route 8 has an LOS F in both the existing and future conditions.
Multi-modal - The Route 8 corridor serves a diverse land use that includes retail,
apartments, townhomes and single family residential and institutional uses.
Multiple modes of travel need to be accommodated along the roadway.
Currently, transit service is provided from the downtown area to west of Kenton
Road. Sidewalks exist from Mifflin Road to the east end of the study area. A
bicycle path exists on the north side of Route 8 from Kenton Road to Saulsbury
Road.
The study identified several areas where improvements are needed. Transit
facilities should be enhanced to include bus pads at all stops and shelters at key
points, such as in front of the Modern Maturity center. Sidewalk ramps need to
meet ADA standards and crosswalks and pedestrian signals should be installed at
all signalized intersections. Route 8 is identified in the Statewide Bicycle Plan as
a bike route. However, there are limited facilities. Improvements along Route 8
should include both on road bike lanes and signage and an off road facility from
Artis Drive to Saulsbury Road.
Land Use - Land use along the corridor is characterized by historic commercial
development patterns, recent commercial redevelopment of former commercial or
residential parcels between Mifflin Road and Saulsbury Road, institutional uses
including public schools and residential subdivisions. The trend of
redevelopment of older residential development and lower class commercial
space is anticipated to continue for properties fronting along the corridor between
Saulsbury Road and Kenton Road. Additional lands are planned for development
as well as lands are available for redevelopment.
In 1992, the City of Dover adopted a Corridor Overlay Zone. The COZ is
intended to create a superior urban development. The goals of the COZ are to
foster linkages between the corridor properties and adjacent land; to preserve
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Delaware 8 Concept Plan and Operations Study Executive Summary
mobility for traffic movement; and to achieve a visually balanced streetscape
environment.
As expected, there are numerous ongoing development proposals within the
corridor. Most significantly, the Capital School District has proposed
constructing a new high school on the Carey Farm east of Artis Drive. The high
school will serve approximately 1800 students. In addition, a cluster of new
developments is occurring at the northwest corner of Saulsbury Road and Route
8. These developments include Doveview, an assisted living facility, Walgreens
drug store and Commerce Bank.
Alternatives
Alternatives were developed based on the analysis of ex1stmg and future no-build
conditions and public input. For the future condition, the analysis assumed that the new
high school was open and that the West Dover Connector had been constructed. The
alternatives include:
Common Improvements
Many improvements are proposed for both Alternatives 1 and 2. These are listed below:
a) Realign Artis Drive to eliminate the skewed angle of the intersection.
b) Add two points of access for the new high school. The western access is
proposed to be unsignalized. The entrance opposite Stoney Drive would be
signalized.
c) Create a new road connection from Route 8 to Artis Drive and Hazlettville Road.
This would function as a local roadway that would serve as the high school' s
western entrance and inter-connect with the new residential development south of
the high school.
d) Create a new road connection from Route 8 to Chestnut Grove Road. This road
would serve to improve the north south grid within the study area. Ultimately it
would help relieve traffic from Kenton Road. Currently, the roadway would
impact land preserved under the agricultural preservation program and would
extend outside both the City and County growth boundary.
e) Change the east-west left turns at Mifflin Road, Kenton Road, Independence
Road and Saulsbury Road intersections to protected only movement.
f) Add an eastbound right turn storage lane @ Mifflin Road intersection.
g) Provide an on-road bike lane through all intersections along Route 8.
h) Install crosswalks and handicap ramps and pedestrian signals at all signalized
intersections.
i) Improve existing shared use path on north side of Route 8 and extend path from
Kenton Road to Mifflin Road.
j) Create two-way connection between McDonalds and Kenton Road Shopping
Center.
k) Add outside shoulders on Route 8 from Mifflin Road to Saulsbury Road.
1) Incorporate landscaping and streetscaping elements into plan.
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Delaware 8 Concept Plan and Operations Study Executive Summary
m) Create interconnections between properties along Route 8 including from W awa
to Independence Blvd. and Independence Blvd to Bennington Street.
n) Update transit stops with concrete pads and benches.
Alternative 1
a) Construct a shared use path from Artis Drive to Mifflin Road.
b) Construct landscaped median from west of Mifflin Road to Saulsbury Road
c) Add 2nd eastbound left turn lane at Kenton Road
d) Construct a connector road behind the Gateway West Shopping Center connecting
Saulsbury Road with Modern Maturity intersection. The purpose of this road is to
shift the SB left turns from Kenton Road to Independence Road, where more
capacity exists.
e) Alternative la (in addition to Alternative 1 improvements)
o Install additional through lane in both directions on Saulsbury Road
o Reduce the length of the northbound left turn lane to 250'
o Change left turn phasing on Saulsbury Road to Protected/Prohibited
t) Alternative lb (in addition to Alternative 1 improvements)
o Maintain geometry as in Alternate 1 and Protected/Permissive phasing on
Route 8
g) Create connection with Commerce Way and Mifflin Road
h) Install a signal at Forest Street.
Alternative 2
a) Construct sidewalk from Artis Drive to Mifflin Road
b) Construct connector Road between Kenton Road and Independence Blvd
c) Maintain center turn lane from west of Mifflin Road to Saulsbury Road; widen to
create outside shoulder
d) Construct an additional through lane in both directions on Saulsbury and double
left turn bays on both northbound and southbound Saulsbury Road in lieu of new
interconnection to Modern Maturity Center.
e) Construct a roundabout at Forest Street/Route 8 split.
Alternative 3 - No Build
Preferred Alternative
The Preferred Alternative was developed based on the results of the technical analysis,
public input and direction from the Project Advisory Committee. Improvements included
in the Preferred Alternative are as follows:
Artis Drive Realignment - This option would re-align the intersection of Artis
Drive and Route 8 to eliminate the skewed intersection.
High School Access at Stoney Drive - The signalization of the Stoney Drive in
conjunction with the new high school construction and would serve as access to
the new school.
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Delaware 8 Concept Plan and Operations Study Executive Summary
North-South Connector Roads - A connector road from Route 8 to Chestnut
Grove Road is planned and a connection from Route 8 to Artis Drive and
Hazlettville Road.
Left-Turn Phasing at signalized intersections - This improvement would alter
the existing protected/permissive left-turn phasing to protected/prohibited phasing
at the intersections of Mifflin Road, Kenton Road, Independence Boulevard and
Saulsbury Road.
Eastbound Right-Turn Lane at Mifflin Road - An eastbound right-turn lane at
this location, while not required from a capacity standpoint, was included to
remove turning vehicles from the through travel lanes, improve intersection
safety, and reduce overall delay.
Bike Lanes Through all Intersections - Route 8 is identified as a regional Kent
County bike route by DelDOT; therefore on-road bicycle facilities should be
provided throughout the corridor.
Shoulders along Route 8 - Shoulders will be added to Route 8 throughout the
corridor.
Pedestrian Accommodations at Signals - Pedestrian accommodations at signals
should include, at minimum, high-visibility crosswalks, possibly textured
crosswalks at selected locations, pedestrian push buttons, and pedestrian signal
heads.
Existing Shared-Use Path Improvement- The ex1stmg shared-use path that
extends from Mifflin Road to just east of Saulsbury Road will be improved.
Interconnections between properties along Route 8 - The longer-term
improvement option that should be explored would be a continuous service road
connection between Mifflin Road all the way through to Independence Boulevard.
This would allow local trips to use this service road to access businesses without
the need to use Route 8. As redevelopment occurs the following connections
should be made:
• A 2-way connection between McDonald's and the signal to Kenton
Road.
• An interconnecting street from Independence Boulevard to Mifflin
Road. The street would be a City street and designed to city street
standards.
• An interconnection between Independence Blvd and Bennington
Street.
• An interconnection between Dove View and Modern Maturity
Center
• Interconnection between Heatherfield Way and Stoney Drive; and
Heatherfield and Cranberry Run
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Delaware 8 Concept Plan and Operations Study Executive Summary
Landscaping and Streetscaping elements - Landscaping and urban design
elements should be included with roadway improvements to encourage multi-
modal activity and improve the aesthetics of the corridor.
Transit Stops - Updating transit stops along the corridor include, at minimum,
concrete pads and shelters at all existing bus stops within the study area.
New Entrance to Brandywine Apartments - This improvement would create a
new access point for the Brandywine Apartment complex at Mifflin Road.
Pedestrian Crossing at Forest Street - An unsignalized crossing of Forest Street
in the area of the Route 8 split is proposed to provide a safe crossing for
pedestrians and to allow bicyclists a viable way to continue on eastbound Route 8
through the split at Forest Street.
Shared Use Path - This improvement includes constructing a 10 foot wide shared
use path from Artis Drive to Mifflin Road.
Landscaped Median - This improvement includes the installation of a 16' wide
landscaped median along DE Route 8 from just west of Mifflin Road to just east
of Saulsbury Road.
Kenton Road - In the area of Kenton Road a combination of improvements are
included in the Preferred Alternative. First, a connector road from Kenton Road
to Independence Boulevard is needed to help divert southbound left turns and
westbound right turns from the Kenton Road/Route 8 intersection. Because the
diversion of traffic to the connector road is uncertain; it is recommended that the
intersection should be widened to accommodate a future 2nd eastbound left turn
lane.
Connector Road behind Gateway West Shopping Center and Additional
through lane on Saulsbury Road - These improvements are related to one
another as they both are intended primarily to improve operations at the
intersection of Route 8 & Saulsbury Road. By allowing northbound left-turning
vehicles along Saulsbury and eastbound right-turning vehicles along Route 8 to
use a roadway connection behind the Gateway West Shopping Center, they could
avoid this congested intersection.
Signalization of Forest Street/Weston Drive & Route 8 - A signal at the
intersection of Route 8 & Weston Drive would provide better operations and
shorter queues for left-turning vehicles along the Weston/Forest Street approach
to the intersection.
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Delaware 8 Concept Plan and Operations Study Executive Summary
Public Involvement
The development of the concept plan has been a collaborative effort of residents, public
agencies and business owners. A Project Advisory Committee was established at the
outset of the project. The committee consists of representatives from the City of Dover,
Dover Planning Commission, DelDOT, the D/KC MPO, Kent County, Office of State
Planning, Capital School District, local residents, and business owners. The Advisory
Committee provided guidance, input and feedback on the project scope, the data
collection, analysis, and alternatives.
In addition, the public involvement has involved public workshops where the results of
the data collection and analysis were presented. At this workshop, which was held on
February 19, 2007, the public was presented with the analysis which helped define the
needs for the corridor. Potential alternatives were presented for consideration. In
addition, the public was encouraged to describe additional issues or concerns as well as
potential alternatives for consideration.
Based on this workshop and subsequent input from the Project Advisory Committee,
alternatives were developed and analyzed for their effectiveness. The alternatives were
presented at a Public Workshop on August 1, 2007. The final Preferred Alternative is a
combination of improvements from both alternatives. It was developed based on the
input from the public workshop and the Project Advisory Committee.
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Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
2.2.3 Multi-Modal Facilities
In the area from Artis Drive to Mifflin Road, sidewalk does not exist. The exception is a
short segment along the frontage of Cranberry Run. Bicycle traffic utilizes the shoulder.
From Mifflin Road to the east of the study area sidewalk exists on both side of the road. In
most of the areas there is no on-road bike facility. Bicycles are only accommodated on the
shared use path that exists on the north side of the road from west of Mifflin Road to the east
of Saulsbury Road.
Transit is provided along the corridor by DART and several bus stops are located within the
study area. All bus service is provided during weekdays only. A more detailed review and
performance analysis of the existing facilities is discussed later in this report.
2.3 STUDY AREA CHARACTERISTICS
2.3.1 Land Use
Land use along the corridor is a mix of residential, commercial and institutional uses. As
growth on the western side of Dover has occurred, development along the highway has
evolved from individual residential homes; to a conversion of these homes to small business;
to the current practice of assembling multiple smaller parcels and redeveloping them with
larger commercial establishments.
Existing Land Use Patterns
Lands within the incorporated area of the
city are outlined in the black dashed line
shown in Exhibit 2-5. Please note that small
pockets outlined in the black dashed line
depict areas that have not been annexed and
are subject to land use regulation by Kent
County. The existing farmland located
between Artis Drive and Mifflin Road on the
south side of DE 8 was recently annexed by
the City of Dover.
The corridor is characterized by historic
commercial development patterns, recent
Exhibit 2-5: Existing Land Use
commercial redevelopment of former
commercial or residential parcels between Mifflin Road and Saulsbury Road, institutional
uses including public schools and residential subdivisions. The trend of redevelopment of
older residential development and lower class commercial space is anticipated to continue for
properties fronting along the corridor between Saulsbury Road and Kenton Road. Additional
lands are planned for development as well as lands are available for redevelopment.
2 - 17
Página 94
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Corridor Overlay Zone (COZ)
Land use and transportation recommendations from this study have considered land use and
design regulations for the Corridor Overlay Zone (COZ) for the following purpose:
• to promote superior urban corridor development and the highest quality built
environment;
• to foster coordination and linkages among corridor properties and with adjacent lands;
• to preserve the functionality and efficiency of the roadway for traffic movement; and,
• to achieve a visually balanced streetscape environment which is friendly to the
pedestrian and motorist alike.
The following design standards from the COZ are important in the context of transportation
improvements to support all modes of travel as well as to create a balanced streetscape
environment consistent with land use patterns and characteristics.
• Front yard setbacks that vary based upon locations along the corridor.
• Building placement to maximize use of building fronts along the corridor.
• Location of Parking (primarily to the rear of buildings with some exceptions).
• Shared access, cross access and standards for placement of entrances.
• Landscaped area 25 feet from back of curb in front yard.
• Corridor elevation standards through an architectural review.
The above design standards have been considered when identifying various transportation
improvements.
2 - 18
Página 95
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Transect Concept
The following depicts a transect concept to support transportation planning and design of
context sensitive solutions consistent with the concepts and standards outlined in the City's
COZ. For example, the COZ identifies areas along the corridor consistent with the identified
Study Area Transects with development guidelines that impact public space for various
transportation improvements, as well as creates a multi-modal corridor with opportunities to
create a walkable community. Exhibit 2-6 identifies the various transects consistent with
areas identified in the COZ.
Rural to Suburban Zone
Exhibit 2-6: Study Area Transects
(TND - Traditional Neighborhood Development)
The above identified zones provide the basis for support of further
development/redevelopment of the study area applying transportation principles, roadway
classifications and land uses, design guidelines for roadways and pedestrian and bicycle
facilities, design measures to support ordinance/code development (to correctly locate and
design to the appropriate level of intensity land uses and transportation systems), and
measurement of secondary and cumulative affects as well as development of a study process
to support corridor planning. This model utilizes the concept of developing Traditional
Neighborhood Development (TND) as defined by both the transect category and City/County
planning documentation. The concept of zones can be utilized in modular fashion to define
various rural, suburban and urban environments and the appropriate level
development/redevelopment and supported by context sensitive transportation solutions. As
development and redevelopment occurs along the corridor the characteristics of transects
identified above may change (e.g. it is anticipated that the rural and rural to suburban
transects will become more suburban in character). Table 2-4 on the following page further
describes this concept by zone including land use characteristics and existing transportation
improvements for various modes along the Route 8 Corridor within the study area. Each area
is described by general land use categories as well as by transect with respective COZ
Standards. The identified zones will be utilized with analysis conducted through this study to
identify transportation and land use recommendations.
2 - 19
Página 96
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
. fmg G eneraITransport .
T a ble 2-4 : EXIS ation andLand Use Ch arac teris
. f1cs
Corridor Speed Traffic Roadway Cross Pedestrian Land Use ,, .~ ;; ,_
/ f • ,.1 lh:1w~•
-
Section Limit Volume Section Facilities Cate2ory :~ ~mm Fiffi-1".l \-~
1 - WB shoulder
Setbacks: 60-80' NO" c
r~
==
Artis Dr. to Mifflin 50 11,100 1 - WB travel lane Farmland/
No sidewalk Curb cuts: 275' 0 "I
Rd mph aadt I - EB travel lane Residential ~ !.
1 - EB shoulder
apart ~ s-
tD
1 - WB shoulder Setbacks: 40-60' r:,i
Mifflin Rd to 40 11,600 Residential
Kenton Rd mph aadt
1 - WB travel lane No sidewalk Curb cuts : 275' =
O"
I
I
2 - EB travel lanes apart =
"I
O"
ti)
Kenton Road to 35- 2 - WB travel lanes
S/W on both
Setbacks: 40-60 ' =
Del. 15 (S . 40
15,500
1 - Center turn lane
sides (one hot
Commercial Curb cuts: 105'
N
0 I
Saulsbury Road) mph
aadt
2 - EB travel lanes
mix; one
apart
II =
tD
I
concrete)
Del 15 (S . 2 - WB travel lanes Setbacks: 20-30'
25 20,234 S/W on both Commercial/
Saulsbury Road) to 1 - Center turn lane Curb cuts: 105' Cl
mph aadt sides Residential
Gibbs Dr. 2 - EB travel lanes apart
t
Gibbs Dr. to
Delmarva RR line
25
mph
11,200
aadt
Transitions from 4
lane section to 2
lane section with
S/W on both
sides
Commercial/
Residential/
Institutional
Setbacks: 20-30'
Curb cuts: 105'
r
tD
apart
shoulders (school)
Opportunities for Development/Redevelopment
The Future Land Development Opportunities shown in Exhibit 2-7 identify preserved,
undeveloped or underutilized lands and proposed or planned development within and adjacent
to the study area that should be considered when analyzing future land use and transportation
needs as well as determining accessibility, mobility and safety for all modes of transportation
along the corridor. For purpose of this study, opportunity sites are defined as sites that are
undeveloped/vacant, contain dilapidated or deteriorated structures, assessed at some level of
historic significance (historic or potentially historic), and/or underutilized. Opportunity sites
for redevelopment and development will result in transportation impacts on the Corridor and
intersecting streets. Table 2-5 identifies acreages of tracts identified based upon restrictions
and development/redevelopment opportunities.
-
Ta bl e 2 5 : Deve opmen t/Redeve opmentO1pport um·rJes andRes t.
rIC fJOOS
Summary of Development/Redevelopment Opportunities and Restrictions
Type of Opportunity/Restriction Acres
Permanent Agricultural Preservation 88.8
TOTAL RESTRICTED LANDS 88.8
Undeveloped Lands 45.6
Underutilized Lands 75 .5
Proposed Land Developments 247.6
Potential Land Developments 10.7
TOTAL OPPORTUNITIES FOR DEVELOPMENT/REDEVELOPMENT 384.5
2- 20
Página 97
Delaware Route 8
Exhibit 2-7 Future Land Develo ment 0 ortunities
Nol to Scala
Página 98
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Planned developments are shown on Exhibit 2-8. This exhibit depicts the location of planned
developments and the location of proposed ingress and egress to the sites that must be
considered when exploring transportation solutions along the corridor and solutions such
interconnectivity between developments.
Opportunities for Shared and Cross Access
The following are key areas for further evaluation of shared access and cross access
improvements as part of the transportation solutions.
• Modern Maturity and Dove View interconnect
• W awa east to Independence Boulevard
• Kenton east to Independence Boulevard behind Greentree Plaza
• From Saulsbury Road to signal at Modern Maturity
State, County and City Land Use and Transportation Policies and Projects
According to the State Strategies for Policies and Spending Map, the eastern part of the study
area from Mifflin Road to West Street is located in Investment Level 1. From Artis Drive to
Mifflin Road, the study area transitions from Investment Level 3 to Investment Level 2.
There is one property that has been permanently preserved for agricultural use.
Investment Level 1 areas (shown in red on Exhibit 2-9) are often municipalities or urbanized
places in the state. In these areas state investments and policies are targeted to accommodate
existing development and orderly growth through redevelopment and reinvestment.
Significant new development in the study area, however, is not anticipated. Transportation
improvements in these areas
should provide or enhance
multiple modes of travel, as
well as improve safety and
reduce congestion.
Investment Level 2 areas
(shown in orange on Exhibit
2-9) are less developed area
within municipalities or
rapidly growing areas within
counties that do, or will have
public water and wastewater
Exhibit 2-9: State Investment Levels services and utilities. This
type of areas incorporate a mix of housing types and limited commercial uses as well as
interconnecting roads and bikeways between developments. Significant new developments
are happening in these areas. Transportation project should expand to provide roadways,
public transportation and multi modal facilities.
2-22
Página 99
Delaware Route 8
Exhibit 2-8 Pro osed Land Develo ment Patterns
Notto Scale
Página 100
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Investment Level 3 (shown as yellow on Exhibit 2-9) is defined by areas with existing but
disconnected developments which is not contiguous with existing infrastructure. This area
may also contain high priority agricultural lands directly adjacent to natural areas. The
development of these areas should reflect an orderly, phased and guided policy of
infrastructure investment agreed by both local and state government. Presently any roadway
improvement that is necessary to support new development activities will not be encouraged
in investment Level 3 areas.
The City of Dover's Corridor Overlay Zone (COZ) is a significant planning policy affecting
this corridor. As described above, the COZ is intended to help shape Route 8 into a superior
urban corridor.
There have been numerous transportation studies and projects within the corridor. Various
sections of the corridor have been identified as needing improvements through DelDOT's
Highway Safety Improvement Program (HSIP). Safety related improvements include the
installation of a median barrier west of the Kenton Road intersection to restrict left turns at the
McDonald's entrance. Currently, median barriers and crosswalks are proposed at the
Saulsbury Road intersection. In addition, Kenton Road is being studied for pedestrian
improvements. The study area includes the intersection with Route 8.
Recommendations
Based upon the information and analysis of land use along this corridor, the following
recommendations are provided:
• Development/redevelopment opportumt1es should target undeveloped and
underutilized sites with an emphasis on assemblage of smaller tracts.
• Building setbacks, scale, use and access should promote pedestrian activity through
establishment of destinations.
• All modes of transportation should be accommodated for all users including special
needs groups and children.
• Development/redevelopment should include design elements that achieve
interconnectivity such as connector roads or drives, continuous streets within
residential subdivisions and shared access for uses with frontage along the corridor.
Cul-de-sacs should be used sparingly in unique situations.
• Streetscapes should provide appropriate pedestrian amenities such as bus shelters,
benches, trash receptacles, street trees, pedestrian scale lighting and wayfinding
s1gnage.
• Crosswalks should be designed with features that address safety needs of special needs
groups and children.
• Intersection improvements must balance pedestrian needs with vehicular needs.
2- 24
Página 102
File: M:\PS_ DATA\2018 _ Comp_Plan_Draft_Maps\Comp_p!an_2018_FINAL_ MXDS\Map 13-1 Potential Annexation Areas.mxd
City of Dover, DE 2019 Comprehensive Plan
Map 13-1: Potential Annexation Areas As Adopted on January 13, 2020
LEGEND
.,r"I
..._... Dover Boundary
C:i Municipal Boundaries
- - - Roads
- - - Hydrology
Water Bodies
2019 Annexation Plan
Category
~ Category 1 - High Priority
Q Category 2 - Priority
Q Category 3 - Long Term Annexation
Q Areas of Concern
By :1.cccpllOCC or1h.is m:t.p !tlJICTCII Y'"' :I.G"[CC T!l \ht i,Jil ... q;:Timm:,.pttu~ri,J1,
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Página 104
File: M:\PS_DATA\2018 _Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan_Revised.mxd
City of Dover, DE 2019 Comprehensive Plan
Map 12-1: Land Development Plan As Revised on March 8, 2021
O 2 500 5 000 Fee1
L.___j_J
LEGEND
- - Hydrology
--Roads
Q Dover Boundary
Land Use
GJ Active Agriculture
IC' Commercial - Entertainment
IC' Commercial - High Intensity
Commercial - Low Intensity
t/1 DoverAFB
Industrial
Institutional
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Office
Open Space, Conservation. Recreation
Public and Private Utilities
Residential High Density
Residential Medium Density
Residential Low Density
Train Track
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Página 105
File:M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-IC Land Development Plan_Revised.rnxd
City of Dover, DE 2019 Comprehensive Plan
Map 12-1 C: Land Development Plan As Revised on March 8, 2021
Cl 1 SOC• 3 ('00 Feet
L___i___L___i__
LEGEND
f..,
--Roads
Dover Boundary
-· -·- Hydrology
Land Use
,,,,,,
Q Active Agriculture
Commercial Entertainment
Commercial High Intensity
,,, Commercial Low Intensity
DoverAFB
,,, Industrial
Institutional
,,,,,,
Q Mixed Use
Office
Open Space, Conservation , Recreation
Public and Private Utilities
ifJ Residential High Density
Q Residential Medium Density
,,,
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Train Track
~ Water Bodies
~~--ffl
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Página 107
Adopted - 1.13.2020
Chapter 12 Land Development Plan
Dover 2019 Comprehensive Plan
RC (Recreational and Commercial)
Commercial - Entertainment
10 (Institutional and Office)
C-2 (Central Commercial) (Downtown Redevelopment
Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C- 1 (Neighborhood Commercial)
C-1 A (Limited Commercial)
RGO (General Residence and Office) (Downtown
Mixed-Use Redevelopment Target Area Only)
R-8 (One Family Residence)
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
10 (Institutional and Office)
M (Manufacturing)
1PM (Industrial Park Manufacturing)
IPM-2 (Industrial Park Manufacturing - Business and
Industrial
Technology Center)
IPM-3 (Industrial Park Manufacturing - Industrial
Aviation & Aeronautics)
C-3 (Service Commercial)
1PM (Industrial Park Manufacturing)
IPM-2 (Industrial Park Manufacturing - Business and
Public and Private Utilities Technology Center)
IPM-3 (Industrial Park Manufacturing - Industrial
Aviation & Aeronautics)
Any zone subject to conditions
Right-of-Way Street, Road and Alley Rights-of-way
10 (Institutional and Office)
Institutional
Institutional uses may be conditionally permitted in
residential zones
CPO (Commercial and Professional Office)
Office and Office Parks 10 (Institutional and Office)
1PM (Industrial Park Manufacturing)
RGO (General Residence and Office)
A (Agricultural)
Active Agriculture
Agricultural uses may also exist in other zones
ROS (Recreational and Open Space)
Open Space
RC (Recreational and Commercial)
Source: Department of Planning and Inspections
2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27
Página 109
PETITION TO AMEND ZONING DJSTRI T
Public Hearing Before Planning Commission
On June 21, 2021
Owner: Draper Farm Properties, LLC
Address: 1617 Forrest Avenue
Location: North side of Forrest A venue, east of Cranberry Run Drive
Tax Parcel: ED-05-075.00-01-07. 00-000
5 acres (217,800 SF)
Present Use: Vacant (Previous residence demolished and with associated
agricultural outbuildings and land in cultivation)
Proposed Use: Retail Store & Accessory Use (Convenience Store with Fuel Pumps)
2019 omprehensive
Plan Designation -
Land Use Category: Mixed Use
Present Zoning: R-10 (One-Family Residence Zone) and COZ-1 (Corridor Overlay
Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor
Overlay Zone)
Reason for Requ est: To amend the zoning of the 5.04+/- acre parcel at 1617 Forrest
Avenue, Dover DE 19904 from R-10 to C-2A (while retaining
COZ-1 Overlay).
File Number: Z-21-05
Ordinance Number: 2021-14
Página 110
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report of June 9, 2021
Page2
I. APPLICATION SUMMARY
This Rezoning Application is for a parcel ofland 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.
Exi sting Property:
The property consisted of 5 .04 acres is located at the northeast comer of Forrest Avenue and
Cranberry Run Drive. The property has frontage of over 750 feet along Forrest Avenue/Route 8
and frontage of over 300 feet on Cranberry Run Drive. The property has a farmstead location
(previous dwelling now demolished) and a series of accessory structures that appeared to have
served as agricultural buildings. A majority of the property has been in agricultural cultivation.
Both street frontages have existing sidewalks and existing curb cuts for the former dwelling
location (from Forrest Avenue) and to the field/ accessory structures (from Cranberry Run Drive).
This application only seeks rezoning of the property from R-10 to C-2A; the COZ-1 (Corridor
Overlay Zone) designation will remain. The applicant is seeking rezoning to allow for future
development of the property. They identified a potential use as a Convenience Store with Fuel
Pump. Under the Zoning Ordinance, the Convenience Store would be considered a permitted use a
retail store and the fuel pumps would be an accessory use requiring Conditional Use approval. The
redevelopment of the site will be subject to a separate application submission.
Previous Application:
This property was subject to a Request during the review process for the adoption of the 2019
Comprehensive Plan. As Request for Changes to DRAFT 2019 Comprehensive Plan - Request
#1, the property owner requested a change in the Land Use Classification (on Land Development
Plan Map 12-1) from the proposed Residential Medium Density Land Use Classification to
Mixed Use or Commercial Land Use Classification. On December 16, 2019, the Planning
Commission recommended (by a vote of 5-2) a Land Use Classification of Mixed Use. Then, the
Land Use Classification Category of Mixed Use for this property was approved by City Council
on January 13, 2020 as part of the review and adoption of the 2019 Comprehensive Plan
document and maps.
Surrounding Land Uses
The surrounding parcels are zoned residential. The properties immediately adjacent on the north
and to the west of the property are zoned R-10 (One Family Residence Zone). This is a
residential subdivision of single family detached dwellings known as Cranberry Run. Adjacent
to the east are properties zoned RM-I (Residential Medium Density Zone) as another residential
subdivision of Heatherfield consisting of single family detached dwellings and duplexes along
Stoney Drive. There are more residential developments along Forrest Avenue as you move east
until to each the extensive commercial corridor which starts about Mifflin Road and continues
east. Across Forrest Avenue/Route 8 to the south are a series of nine (9) parcels with eight (8)
single family detached dwellings located under Kent County's jurisdiction. Also, to the south
(and surrounding these residences) is the campus of the Dover High School. Access to the Dover
Página 111
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page 3
High School, is via Dover High Drive with its signalized intersection with Forrest Avenue (0.36
miles west of the subject site) and at the campus entrance with HA WK Signal at the intersection
ofHeatherfield Way and Forrest Avenue.
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of
Mixed Use, this is discussed in Chapter 12 - Land Development Plan beginning on page 12-7.
The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan
excerpts presented below:
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of
urban centers. These centers should be established along major roadways and feature
mixed use development, pedestrian-friendly public environments and opportunities for
connection to future transit.
3. In order to encourage non-automobile access to the center, the activities should be
clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw
upon residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces
and pedestrian-friendly village areas that encourage walking and bicycle use. This may
include on-street and behind building parking, and the creation of build-to lines for
new development.
5. Improve access that limits public access to open spaces areas such as pedestrian,
bicycle, and transit networks to parks and natural areas.
6. Encourage the Mixed Use ofresidential and commercial uses in the Downtown area.
The Comprehensive Plan notes that Mixed Use Areas "can be an area where a new development
should foster walkability and close interactions among activities and uses in a traditional
neighborhood setting." Chapter 9 -Transportation Plan from the Comprehensive Plan identifies
Forrest Avenue/Route 8 as a Minor Arterial Street and the need to focus efforts on improvements
along the Route 8 corridor "that would improve safety, better manage access, reduce
congestions, and provide improved traffic flow." The development and implementation of
strategies for addressing East/West Traffic in the City is Recommendation 7 from that Chapter.
The Rezoning Request to C-2A (Limited Central Commercial Zone) is consistent with the Land
Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies that the following zones are compatible with this land use
classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the
Mixed Use Land Use Category identifies other zoning districts that allow for a mixed of
commercial and residential uses but may be more limiting in the specific types of uses permitted.
Página 112
Z-21-05 Lands of Draper Fann Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report of June 9, 2021
Page4
C-2 (Central Commercial) (Downtown Redevelopment Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C-1 (Neighborhood Commercial)
C-1 A (Limited Commercial)
RGO (General Residence and Office) (Downtown Redevelopment Target Area
Only)
Mixed-Use R-8 (One Family Residence)
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
10 (Institutional and Office)
III. ZONING REVIEW
Request for -2A (Limited Central Commercial Zone) Zoning
The types of permitted uses and conditional uses in the C-2A zone are given Article 3 § 14 of the
Zoning Ordinance. See the following code excerpt.
Article 3 Section 14. - Limited Central Commercial Zone (C-2A).
14.1 Uses permitted. No building or premises shall be used and no building or part of a building shall
be erected, which is arranged, intended or designed to be used , in whole or in part, for any purpose,
except the following :
(a) Retail Stores
(b) Business, professional or government offices
(c) Personal service establishments.
(d) Restaurants.
(e) Service establishments.
(f) Hotels.
(g) Places of public assembly.
(h) Drive-throughs.
(i) One family residences, including attached and semi-detached dwellings, complying with
the bulk standards of the RG-1 (General Residence) zone .
U) Apartments and multi-family dwellings
14.2 Conditional Uses. The following uses are permitted, conditional upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions set
forth in article 10, section 1:
(a) Parking lots and parking structures as a principal use on suitably landscaped lots.
(b) Fuel pumps accessory to a permitted use.
14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off
street parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor
eating areas associated with restaurants and outdoor sales areas approved by the city planner.
14.4 Performance standards. All uses are subject to performance standards as set forth in article
§, section 8.1.
14.5 Site development plan approval. Site development plan approval in accordance with article
1.Q, section 2 hereof shall be required prior to the issuance of building permits for the erection or
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enlargement of all structures and prior to the issuance of certificates of occupancy for any change
of use.
COZ- 1 (Corrido r Overlay Zone)
The provisions of the COZ-1 (Corridor Overlay Zone) are established to "promote superior
urban corridor development and the highest quality-built environment." There are a series
architectural, parking, and landscaping guidelines that would be required by the COZ-1 zoning
district, if development of the property is proposed. The purpose and requirements of the COZ-1
(Corridor Overlay Zone) are given in Article 3 §27 of the Zoning Ordinance. See the following
code excerpt.
Article 3 Section 27. - Corridor Overlay Zone 1 (COZ-1)
27.1 Purpose. The corridor overlay zone (CO2) is established for the following reasons:
(a) To promote superior urban corridor development and the highest quality built
environment;
(b) To foster coordination and linkage among corridor properties and with adjacent lands;
(c) To preserve the functionality and efficiency of the roadway for traffic movement; and
(d) To achieve a visually balanced streetscape environment which is friendly to the
pedestrian and motorist alike.
27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design"
shall meet the following criteria:
(a) Superior urban design places a strict and primary importance on the pedestrian. The
concept should lend itself to interconnectivity while presenting building structures as
aspects of the street, not simply islands existing in the "sea of roads". The design should
encourage fewer car-trips, as well as promote automobile trips on an interconnected local
street system rather than trips that utilize the arterials. In demonstrating superior urban
design, an applicant must show that the plan presented exceeds the requirements of the
zoning ordinance in at least two of the following areas:
(i) Transportation amenities for bicycles, pedestrians and transit that exceed
those required by the zoning ordinance;
(ii) Architectural features including, but not limited to: LEED-certified buildings;
unique architecture not replicated in other locations; use of architectural elements
such as entry porticos, porte-cocheres, colonnades, cornices, porch columns and
balusters, band courses, coins, water tables and other trim that enhances visual
quality and function of the structure; and use of the highest-quality construction
materials.
(iii) Landscaping that exceeds the requirements of this section, including robust
use of trees, shrubbery, and flowering plants to screen parked cars; water
gardens and ponds; arboretums; tree preservation measures;
(iv) Public spaces and art including, but not limited to, sculpture, memorials,
murals, public court yards and pocket parks, and fountains;
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(v) Green technologies for stormwater management, as well as green energy
technologies such as geothermal heating and cooling and solar energy supplies.
(b) The city planner shall develop policy guidance on how the concept of superior
urban design will be evaluated.
27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as
outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance:
(a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly
direction to the city limit line.
(b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road
(County Road 100) in a southerly direction to the terminal intersection with West North
Street (County Road 73).
27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to
the specific zoning district designations of each property as depicted on the zoning map.
27.5 Site development plan approval. Site development plan approval in accordance with article
1Q, section 2 shall be required prior to the issuance of building permits for the erection or
enlargement of all structures and prior to the issuance of certificates of occupancy for any change
in use. When the zoning district regulations specify that a particular use requires conditional use
approval in accordance with article 10, section 1, the provisions of that article shall apply. Site
development plans and conditional use site plans for properties within the COZ shall reflect
compliance with the development guidelines of this article, in addition to all other applicable
codes and regulations.
27.6 Development guidelines.
27.61 Setbacks:
a. Front yards.
Residential Nonresidential
Min. Max. Min. Max.
- -----
McKee/Saulsbury 60' to 80' 40' to 50' *
IRoute 8-Artis Drive to Mifflin Road 60' to 80' None
Route 8-Mifflin Road to Saulsbury
40' to 60' 40' to 60' *
Road
1
Route 8-Saulsbury Road to R.R. line 20' to 30' 20' to 30'
Subdivision streets (Setback provisions of article 4 shall apply)
* When the applicant can demonstrate to the satisfaction of the planning commission through the site plan
review process that the proposal involves a superior urban design, the maximum setback may be
increased to no more than 90 feet from the property line on Route 8 from Mifflin Road to Saulsbury Road
and on McKee and Saulsbury Roads.
27.62 Building placement. Buildings shall be situated on the property so as to maximize the use
of the frontage along the roadway and shall have the longest side of the building arranged parallel
and square to the roadway. When the applicant can demonstrate to the satisfaction of the
planning commission that, due to specific constraints related to lot configuration, alternative
building placements may be permitted.
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27.63 Parking.
(a) Location. Parking shall not be permitted to be situated within the front yard, nor
between the right-of-way line and the building, except in the following instances:
(i) Automobile service stations;
(ii) Properties in a shopping center (SC) zoning district, in which case, parking
may be permitted between the building and the roadway, provided that such
parking [shall] be limited to five rows of single parking spaces between the road
and the storefront;
(iii) When the applicant can demonstrate to the satisfaction of the planning
commission through the site plan review process that the design presented
involves a superior urban design, parking may be permitted between the building
and the street, provided that such parking within this area shall be adequately
landscaped and screened from the roadway.
(b) Required number of spaces. See specific district requirements in article 4.
(c) Layout.
(i) Parking lots shall be arranged in such a manner so that not more than 20
parking spaces in a row shall be permitted without a landscaped island. No more
than six rows of 20 spaces shall be provided without provision for a landscaped
median. Parking islands shall be a minimum of ten feet wide and planting
medians shall be no less than eight feet wide.
(ii) There shall be a landscaped buffer area of at least 12 feet in width between
the building and parking lot and drive areas. The buffer area shall include
provisions for a sidewalk of at least six feet and no greater than eight feet in
width. The buffer area and sidewalk shall be grade separated from the parking lot
by concrete curbing of at least six inches in height.
(d) Landscaping. Design shall be simple and easy to maintain and shall consist of a
combination of hardy canopy trees, low evergreen shrubs and turf grass, and shall be
designed in accordance with landscape guidelines set forth in article 5, section 15 of this
ordinance and as follows:
(i) Interior landscaping. A minimum of five percent of the interior area of a parking
lot shall be reserved for landscape purposes. This provision shall include the
landscaping of all required parking islands and medians. Shade trees shall be
incorporated within the landscaped islands whenever and wherever practicable.
(ii) Parking lot screening adjacent to public right-of-way. Low profile screening
shall be required when parking spaces would result in vehicles facing onto the
roadway. Screening may consist of a low wall, evergreen hedge with a minimum
height of two feet at the time of planting, planted three feet apart on center, and a
maximum height of three feet at maturity, or earth berm. Should a low wall be
used, such wall shall be accompanied by evergreen shrub plantings on the
roadway side of the wall and spaced ten feet apart on center.
(iii) Reserved.
27.64 Site access.
(a) Entrance width and radii. Site entrances shall have a minimum width of 24 feet.
Entrances involving a median divider shall be at least 35 feet in width. Entrance radii shall
be a minimum of 15 feet and a maximum of 25 feet.
(b) Number of entrances and curb cut spacing. One curb cut shall be permitted for each
street which abuts a site. For sites with street frontage in excess of 300 linear feet, one
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additional curb cut may be permitted. For sites with street frontage in excess of 600 linear
feet, two additional curb cuts may be permitted.
Multiple curb cuts on a property shall have a minimum spacing distance in accordance
with the following schedule:
r -
Speed Limit IMaximum Spacing (Ft.)
125 105
,---
30 125
j35 150
1
40 185
45 230
-- --
j 215
(c) [Shared access.] Shared access shall be provided, whenever possible, for entrances
to adjoining uses, including residential driveways.
(d) [Cross access.] Cross access shall be provided among abutting uses of similar use
categories, whenever possible, to provide linkage between properties as an alternative to
re-entering the corridor to access both existing and future neighboring properties.
(e) Entrance locations for adjoining properties. Commercial site entrances shall be no
closer than 25 feet to an adjoining property which is zoned residential and no closer than
ten feet to an adjoining property which is in a nonresidential zoning category.
27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign
regulations.
27 .66 Building height.
(a) Buildings shall be limited in overall height to 35 feet and shall not exceed two stories.
27.67 Open space and landscaping.
(a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot area dedicated
to be landscaped open space. A lesser amount of landscaped open space may be
permitted when it can be demonstrated to the satisfaction of the planning commission,
through the site plan review process, that, due to lot configuration and existing built
conditions, the required minimum is impractical.
(b) Frontage. Each lot shall have a landscaped open space of at least 25 feet in width,
measured from the back of curb along the entire frontage of the lot, except at points of
site access. Trees shall be provided along the frontage perimeter at a minimum rate of
one tree for each 50 linear feet of frontage.
(c) Side and rear yards. A minimum of 15 feet of landscaped open space shall be
provided along all side and rear lot lines when abutting a residential use and a minimum
of five feet when abutting a nonresidential use. Tree plantings shall be provided along all
nonfrontage perimeters at a minimum rate of one tree for each 75 linear feet.
(d) Stormwater detention ponds. Detention ponds may be counted toward the minimum
25 percent open space area, provided that such ponds are designed to emulate natural
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features by incorporating irregular outline, gradual slopes (no greater than 1:4), and
appropriate landscape plantings.
(e) Landscaping. Landscaped open spaces shall be designed in accordance with the
provisions of this section, as well as the landscaping guidelines as set forth in article 5,
section 9 of this ordinance.
(f) Screening. The following items shall be located so as to minimize visibility from the
roadway, adjacent properties and other public areas, and shall be screened from public
view:
(1) Service bays;
(2) Loading docks and platforms;
(3) Rooftop utilities;
(4) Satellite dishes;
(5) Dumpsters;
(6) Storage areas.
(g) Standard for tree plantings. Trees shall be of a high canopy variety and shall be
limbed to a minimum height of 12 feet above grade at maturity.
(h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety and shall be
limited to use as foundation plantings and for screening purposes.
(i) Standards for ground cover. Ground cover shall be limited to turf and ornamental
grasses and ornamental evergreen ground cover plantings within required landscape
areas.
27.68 Lot configuration. All lots within the corridor overlay district created after the enactment of
this section shall conform to the following:
(a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall have a
minimum lot area of] 20,000 square feet.
(b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial) district, the
minimum lot depth shall be 150 feet.
(c) Minimum road frontage shall be at least 100 feet. In the C-3 (service commercial)
district, the minimum road frontage shall be 150 feet.
27.69 Architectural review. The side of any building which faces the corridor (or corridors) shall
be referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the
corridor, and the corridor elevation shall contain architectural elements traditionally associated
with the front of a building. Blank walls without functioning windows are prohibited along the
corridor. Windows must be incorporated into the overall design concept of the corridor elevation.
Providing one or several small windows on a large corridor elevation shall not constitute
compliance with this ordinance.
A "functioning window" shall be defined as a window which lets light into the interior of the
structure, and is integrated and related to the interior layout of the space. In addition to
functioning windows, the corridor elevation shall have the following elements:
(a) A primary entrance door or doors (except for loading doors).
(b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other
similar feature.
In addition , the corridor elevation shall have one of the following elements:
(a) Landscaping integrated into the building design concept.
(b) Architectural or urban design elements which link adjacent structures together, such
as plazas, walkways, colonnades, or similar features.
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(c) Architectural relief, such as vertical and horizontal offsets in exterior wall elevations,
band courses, lintels and sill courses, cornices, and the like, to create shadow lines.
The applicant shall submit 12 copies of the corridor elevation at the time of application. The city
planner or his/her designee shall determine whether compliance with the provisions of this
ordinance has been achieved.
27.7 Properties located on a corner lot with two frontages within the Corridor Overlay Zone. When
a property is located on the corner of two corridors within the Corridor Overlay Zone, only one of
the two corridors shall be subject to the requirements of Section 27.61 Setbacks and Section
27.63 Parking, Subsection (a) Location. The frontage of the property on which the identifiable
front of the building is located shall be the frontage that is subject to the requirements of Section
27.61 And Section 27.63, Subsection (a). In designing the site, in order to qualify for the relief
under this subsection, the applicant must demonstrate to the satisfaction of the planning
commission that the design incorporates the principles of superior urban design as defined in
Section 27.2.
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from R-10 (One Family Residence Zone) to C-2A (Limited
Central Commercial Zone). The property would remain subject to the COZ-1 (Corridor Overlay
Zone). The permitted uses allowed in the current zoning district ofR-10 focus on residential
uses as one-family detached residences and also provides the ability for consideration of
conditional uses for places of worship, schools, and certain other institutional types uses. The
proposed Rezoning to C-2A zone is a zoning district offering a mix of uses. For the C-2A zone,
the range of permitted uses that are commercial uses include retail, office, personal service &
service establishments, restaurants, and places of public assembly. The C-2A zone also includes
permitted uses that are residential in nature including one-family residences (detached dwellings
and duplex units), apartments and multi-family dwellings (more than 2 dwelling units in same
building). The C-2A zone also includes conditional uses (uses subject to specific review for
approval) for parking lots/structures and for fuel pumps as accessory to a permitted use.
Staff recommends that the rezoning for C-2A (Limited Central Commercial Zone) while retaining
the COZ-1 (Corridor Overlay Zone) be granted as requested, as the proposed zoning is consistent
with the 2019 Comprehensive Plan (as amended) for the Mixed Use Land Use Classification
Category. Staff also recommends that the property remain subject to the COZ-1 (Corridor
Overlay Zone) due to its frontage on Forest Street. The purposes of the COZ-1 are to promote
superior urban corridor development; to foster coordination and linkage among corridor
properties; to preserve functionality and efficiency of the roadway for traffic movement; and to
achieve a visually balanced streetscape environment friendly to the pedestrian and motorist.
(Zoning Ordinance, Article 3 §27). The COZ-1 includes a number of additional buffers/setbacks,
landscaping enhancements, and site layout design requirements. This area is part of the gateway
leading into the City of Dover and is also along a key west-east corridor in the transportation
system. The area is a transition from the rural areas west of Dover as the corridor becomes
residential and then a more heavily commercial area as it moves towards the central core of the
City. However, given the residential character surrounding this subject property, a different
zoning district allowable by the Land Use and Zoning Matrix could also be considered that would
allow for smaller scale community activity in this portion of the corridor to serve the local
residential area.
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Page 11
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in the
C-2A zoning district. Staff again notes that any potential development for the site would have to
be in line with the zoning classifications and would similarly have to follow all development
design guidelines of the Zoning Ordinance. Were the application for Rezoning to be
recommended by the Planning Commission and subsequently approved by the City Council, the
applicant would still have to submit Site Development Plans for review for any use of the site to
be established.
Staff notes that the parcel proposed for Rezoning meets the 100-foot lot depth requirement of the
C-2A zone. Any non-conformity of the existing buildings' uses and placement regarding the bulk
standards of the C-2A and COZ-1 would be subject to the provisions of the Zoning Ordinance,
Article 7 - Nonconforming Buildings and Uses. Any development of the property once zoned
C-2A with the COZ-1 would be subject to the bulk standards and provisions and the review
processes for site development.
This recommendation is being made without that benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration.
V. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any rezoning application does not represent Site
Development Plan or Record Plan approval. Following any decision made by City Council in
regard to this rezoning, then an application for a Site Plan, Subdivision Plan, and/or
appropriate Building Permits must be submitted to the Planning Department prior to the
establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for
any proposed projects.
2) The property is subject to the requirements of the COZ-1 (Corridor Overlay Zone) related to
development.
3) The applicant shall be aware that approval of any rezoning application does not represent a
Building Permit, Sign Permit or other construction activity permit approval. A separate
application submission is required before issuance of permits by the City of Dover.
4) The applicant shall be aware that any future use of the existing structures may be subject to a
separate permitting or licensing process through the City of Dover Licensing and Permitting
Division. All businesses operating in the City of Dover are required to obtain a City of Dover
Business Licenses. Certain types of uses also require a Public Occupancy Permit or Rental
Dwelling Permits.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Office as soon as possible.
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CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617
Forrest Avenue
FILE#: Z-21-05
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 I STREETS I SANITATION
1. None.
GENERAL
1. Our office has no objection to the rezoning of tax parcel ED-05-075.00-01-07.00.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES:
STORMWATER I STREETS I SANITATION I GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT:
STORMWATER I STREETS I SANITATION I GENERAL
1. None.
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.
B
Página 121
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE#: Z-21-05
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
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
WATER/ WASTEWATER
1. Our office has no objection to the rezoning of tax parcels: ED-05-075.00-01-07.00-000.
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
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.
Página 122
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE#: Z-21-05
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE#: 302-736-7072
CONTACT EMAIL#: pwaddell@dover.de.us
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
ELECTRIC
Our office has no objection to the rezoning of: ED-05-075.00-01-07.00.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
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 to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover's Electric Service Handbook.
https:ljevogov.s3.amazo naws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
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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1~05
C
I
I Item 6.
I r '
~
CITY OF DOVER r 6
DEVELOPMENT ADVISORY COMMITTEE 0 M
F A
APPLICATION REVIEW COMMENTARY
~
D.A.C. MEETING DATE: 06/02/21 l> .s
0 H
V A •
6 l.
~
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
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 ODE REQUIREMENTS :
1. This is a rezoning request. This office has no objections.
2. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and t"vo,Jamily 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, Arahic 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 huildings, 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
Página 124
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)
APPLICABLE ODES LISTED BELOW ( OT UMlTED TO):
2015 NFPA 1 Fi.re 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 Fi.re 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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CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
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APPLICATION: Draper Farm (1617 Forest Avenue)
FILE#: Z-21-05 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS TN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No comments to the rezoning.
2. At such time the property develops it shall be submitted to DelDOT. At that time
schedule a pre-submittal meeting to begin the process.
Página 126
KENT CONSERVATION DISTRICT
1679 SOUTH DUPONT HIGHWAY • DOVER, DELA WARE 1990 I• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
June 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE #: Z-21-05
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens PHONE #: 302-608-53 70
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 HA VE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO
BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND TATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the proposed rezoning of the above referenced site.
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.
Página 127
City of Dover r-:::7
Application No.: Z-21 -0~
Department of Planning & Inspections
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Tile: Lands of Draper Farm Properties LLC
Ordinance #: 2021-14
Addresses: 1617 Forrest Avenue Legend
Parcel ID: ED-05-075.00-01-07 .00-000
Existing Zoning : R-10 One-Family Residence Zone
COZ-1 Corridor Overlay Zone
Proposed Zoning : C-2A Limited Central Commercial Zone
COZ-1 Corridor Overlay Zone
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Subject Property
2012 Buildings
zoning
Owner: Draper Farm Properties LLC D Dover Parcels
Date: 05/13/2021
- Corridor Overlay Zone
250 500 Fool
Página 128
OWNER OF RECORD : DRAPER FARM PROPERTIES, LLC
23ZION ROAO
SMYRNA, DE 19977
ENGINEER: BECKER MORGAN GROUP INC.
309 SOUTH GOVERNORS AVENUE
DOVER, DE 19904
(302) 7 43 • 7950
PROPERTY MAP NUMBER: 2•05-0750~1-0700--00001
ZONING CLASSIFICATION: EXISTING: R·10 - ONE FAMILY RESIDENCE ZONE
PROPOSED: C ·2A • LIMITED CENTRAL COMMERCIAL ZONE
DEED SUMMARY: 9233 - 0253 & 7548 - 0312
PRESENT USE: VACANT RESIDENTIAL HOME
PROPOSED USE: CONVENIENCE STORE WITH GAS PUMPS
TOTAL SITE AREA: 5.00ACRES±
SOURCE OF WATER: CITY OF DOVER
5'4G: 2021070,00
FORREST AVENUE
•
SCALE: 1" = 150'
REZONING EXHIBIT OATIS: 05/06/2021
' 309 S, Govcruon: A , ·c DRAWN BY: A.C .F .
Dover, DE 19904
CITY OF DOVER Ph 302.734.7950
KENT COUNTY, DELAWARE Fax 302 734.7965 1 70
F:\AutoCAO\Projecis\2021\2021070\DWG\2021070-AERIAL dwg, May 07, 2021-
Página 130
REZONING APPLICATION #Z-21-05
IS AN ENTIRELY DIFFERENT ANIMAL THAN
REZONING APPLICATION #Z-21-03
Rezoning Application #Z-21-03 Rezoning Application #Z-21-05
-The actual end user/use was known -The actual end user/use is unknown
Dover Interfaith Mission for Housing ????????
Apartment Shelter for the Homeless 1 ????????2
-The proposed use was not compatible -The proposed zoning(C-2A) is
with surrounding uses compatible with surrounding uses
Ample Evidence of Zero Evidence of
Conflicts with Neighboring Properties Conflicts with Neighboring Properties
Proposed Use Did Not Serve Limited Central Commercial
Purposes of the Downtown Development Uses Suitable and Appropriate
District Along Route 8 Corridor
-The location of the proposed use -The location of the proposed use
would have violated state law does not violate any state law
Sex Offenders Not Permitted
Within 500 Feet of a School No Unlawful Use
11 Del. C. § 1112(a)(l)
-The proposed use was inconsistent -The proposed use is consistent
with the Comprehensive Plan with the Comprehensive Plan
Proposed Use Conflicted With
Downtown District Revitalization See Table 12-1 of the Plan
See page 12-8 of the Plan
1
No additional conditional use approval required .
2
l[pursued, a convenience store with fuel pumps would require additional conditional use approval.