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CITY OF DOVER, DELAWARE
PLANNING COMMISSION
Monday, November 15, 2021 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover
DE 19903 and via email at CompPlan@dover.de.us.
MEETING NOTICE
The Planning Commission Meeting for November 15, 2021 will be held as an In-Person meeting in City
Hall Council Chambers. The public is welcome to attend. Anyone entering a City Building is required to
wear a mask.
The meeting will also be a Virtual Meeting using WebEx audio/video conferencing system as an electronic
means of communication. See participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Planning Commission Meeting of November 15, 2021
Dial: 1-408-418-9388
Event number/Access code: 2335 447 3193
Event password: DoverPC
Event Address: https://bit.ly/PCMeeting11152021
If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the
meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-
7196.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ADOPTION OF AGENDA
1. Rezoning Application Z-21-07 - Lands of New Burton Storage, LLC. at 1427 New Burton
Road - Rezoning from C-1A to C-3 will not be heard by the Planning Commission on
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PLANNING COMMISSION - November 15, 2021 PAGE 2
November 15, 2021. The Applicant has chosen to withdraw their application at this time to
pursue something different with the property.
2. Site Development Plan Application S-21-11 McKee Road Apartments at 1385 McKee
Road will not be heard by the Planning Commission on November 15, 2021. The Applicant has
requested to postpone the Public Hearing in order to work out additional details on the Plan.
This Application and its Public Hearing will be rescheduled for a future Planning Commission
meeting and will be subject to Public Notice requirements for the new meeting date.
APPROVAL OF MINUTES
3. Adoption of Minutes of October 18, 2021.
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Planning Commission regular meeting date is December 20, 2021 at
7:00PM.
Update on City Council Actions
Department of Planning & Inspections Updates
Education and Training Opportunities
4. APA Delaware Fall Conference - December 1 & 2, 2021
OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS
OLD BUSINESS
Request Extension of Planning Commission Approval: None
NEW APPLICATIONS
5. AX-21-04 Annexation of Right-of-Way of Raymond Street, Grove Street and Railroad
Avenue – Public Hearing and Review for Recommendation to City Council on an Annexation
Clarification Amending the Zoning Map of the City of Dover by Annexing the segments of right-
of-way in the vicinity of Tax Parcels: ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00-
000. The rights-of-way, known as portions of Raymond Street (aka Jason Street), Railroad
Avenue, and Grove Street and identified on a plan titled “Plot of Land Belonging to The College
Settlement Company,” dated 1899, have a total area of 1.6791+/- acres. Annexation Areas: Area
1: Right-of-way segment of Raymond Street (aka Jason Street) from Mishoe Street to Railroad
Avenue at the railroad corridor. Width of 35 feet. Area Size: 0.6447 acres +/- (28,084 SF); Area
2: Right-of-way segment of Railroad Avenue from Raymond Street and extending north
approximately 1090.24 feet parallel to the railroad corridor. Width of 35 feet. Area Size 0.8737
acres +/- (38,057 SF); Area 3: Right-of-way segment of Grove Street from Raymond Street and
extending north approximately 200 feet to previously abandoned portion of Grove Street. Width
of 35 feet. Area Size: 0.1607 acres+/- (7,000SF). Proposed Council District 4. Ordinance #2021-
23.
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PLANNING COMMISSION - November 15, 2021 PAGE 3
6. C-21-07 Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane -
Public Hearing and Review of a Conditional Use Site Plan Application to permit the
construction of two (2) Warehouse Buildings with a combined size of 296,400 SF, a trailer
parking area, and associated site improvements. Building A is proposed at 132,600 SF and
Building B is proposed at 163,800 SF. The property is zoned M (Manufacturing Zone) and is
subject to the AEOZ (Airport Environs Overlay Zone): Accident Potential Zone I (APZ I) and
Noise Zone A. The property consists of 30 acres and is located on the south side of Lafferty
Lane between Bay Road and Horsepond Road. The owner of record is First State Business
Center, LLC and the equitable owner is Jack Lingo Asset Management, LLC. Property
Address: 30 Lafferty Lane. Tax Parcel Number: ED-05-077.00-01-28.03-000. Council District
2. PLUS Review: #2021-08-04. Waiver Request: Partial Elimination of Sidewalk. For
Consideration: Performance Standards Review Application.
7. S-21-10 Modwash: Car Wash at 1414 N DuPont Highway - Public Hearing and Review of a
Site Plan Application for construction of a 4,660 SF Car Wash facility and associated site
improvements. The property is zoned C-4 (Highway Commercial Zone) and is subject to
SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent Recharge Area. The
property consists of 1.93 acres (83,999 SF) and is located on the west side of North DuPont
Highway, south of Rustic Lane. The owner of record is Dover Millex II, LLC and the
developer is Hutton Build (Ray Garganio). Property Address: 1414 N DuPont Highway. Tax
Parcel Number: ED-05-057.00-01-17.00-000. Council District 4. Waiver Request: Partial
Elimination of Upright Curbing (to Allow Use of Rolled Curb).
8. S-21-12 Rail Haus at 92 North West Street - Public Hearing and Review of a Site
Development Plan and Lot Consolidation Plan Application to permit the conversion of an
existing one-story, 2,890 SF building and outdoor areas to be utilized as a Restaurant (Eating &
Drinking Establishment) with associated site improvements. The properties consist of a total
0.820+/- acres and are located adjacent to the east side of the railroad corridor along N. West
Street between Fulton Street and Cecil Street. The properties are zoned C-2A (Limited Central
Commercial Zone). The owner of record is Donny Legans. Property Addresses: 92 N. West
Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and
ED-05-076.08-01-44.00-000. Council District 4. Waiver Request: Partial Elimination of
Curbing, Reduction of Parking Requirement, and Elimination of Frontage Sidewalk along
Fulton Street. Previous Applications: MI-21-01B Comprehensive Plan Amendment: Land Use
Classification and Z-21-02 Rezoning from M to C-2A.
NEW BUSINESS
9. Results: Planning Commission Workshop Topics of Interest
ADJOURN
Posted Agenda: November 5, 2021
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Z-21-07
Item 1.
1429 New Burton Road
DOVER, DE 19904
234-294-9051
EMILY3806@GMAIL.COM
October 28, 2021
Dear Ms. Bulkilvish and City of Dover Planning & Inspections,
We have decided to withdraw the application for rezoning for 1427 New Burton Road,
submitted in September 2021, and move in a different direction.
Thank you for your time and consideration.
Sincerely,
Emily Yang
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S-21-11
Item 2.
From: Jonathan N. Street
To: Bulkilvish, Samantha J
Subject: EXTERNAL: 2017218.00 - McKee Road Apartments
Date: Thursday, November 4, 2021 11:14:00 AM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good morning Samantha,
After consulting with the client, we would like to postpone the PC hearing for the McKee road
apartments till next month. We would like to get a few of these items worked out a bit better and
come to the commission with a cleaner path forward.
Please let me know what else we need to do from our end.
Regards
Jonathan N. H. Street
Associate
BECKER MORGAN GROUP, INC.
Delaware | Maryland | North Carolina
302.734.7950x218 o
302.584.5164 c
jstreet@beckermorgan.com
www.beckermorgan.com
Facebook | LinkedIn | Instagram
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Item 3.
CITY OF DOVER PLANNING COMMISSION
OCTOBER 18, 2021
The Meeting of the City of Dover Planning Commission was held on Monday, October 18, 2021
at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx.
The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were
Mr. Cooper, Mr. Roach, Mrs. Lord (virtual), Mr. Hartman, Mr. Baldwin, Dr. Jones (virtual),
Mrs. Welsh (virtual), Mrs. Malone (virtual), and Mrs. Maucher.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Ms. Samantha Bulkilvish, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also
present were Mr. Tolano Anderson, Mr. James Taylor, Ms. Jeanine Kleimo, and Mr. Brian
Turner. Speaking from the public were Mr. Nathan Attard, and Mrs. Ann Marie Townshend.
APPROVAL OF AGENDA
Mrs. Welsh moved to approve the Agenda tonight, seconded by Dr. Jones and the motion was
unanimously carried 9-0 by voice vote.
APPROVAL OF MEETING MINUTES OF SEPTEMBER 20, 2021
Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of September 20,
2021, seconded by Mrs. Malone and the motion was unanimously carried 9-0 by voice vote.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
November 15, 2021 at 6PM in the City Council Chambers. It will start at 6PM because of the
volume of agenda items.
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on September 27 & 28, 2021 and October 11 & 12, 2021.
Mr. Hugg stated that the APA Delaware Annual Meeting will be held on November 10, 2021.
Mrs. Melson-Williams stated that October is Community Planning Month. The Planning Month
theme is “Planning is Essential to Recovery” and it goes to highlight how planning and Planners
can lead communities to “an equitable, resilient, and long-lasting recovery from the effects of the
COVID-19 pandemic.” She thinks that Commission members will agree that we have continued
to be busy and see applications over the last 18 months and that is encouraging across the board.
This is a month to celebrate and thank you for all of your service on the Planning Commission.
As always, we do try to offer the various education opportunities. In your packet as Mr. Hugg
noted, is the APA Delaware Annual Meeting which is the American Planning Association
Delaware Chapter. That meeting is coming up on November 10, 2021 and you can see that it’s
an afternoon event. If you can join part of it, that would be great. It is free and it is available as a
Zoom event. Staff will have further information coming about their upcoming conference which
should also be held virtually in early December.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
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Mrs. Melson-Williams presented the audience information on policies and procedures for the In-
person/Virtual Meeting using the WebEx system.
OLD BUSINESS
Request Extension of Planning Commission Approval:
S-19-22 Tommy Express Car Wash at Carver Road - Request for a One-Year Extension of the
Planning Commission approval granted October 21, 2019 for a Site Development Plan/Lot
Consolidation Plan Application to demolish the existing structures and then construct a on-story
4,504 SF Car Wash (Service Establishment) with associated site improvements. The subject
properties to be combined total 2.07 +/- acres and are located on the east side of Saulsbury Road
north of Forrest Street and west of Carver Road. The properties are zoned C-2A (Limited Central
Commercial Zone) and C-1A (Limited Commercial Zone) and are subject to the COZ-1
(Corridor Overlay Zone). The owner of record for all properties is Faithwork LLC. Property
Addresses: 21 and 27 Saulsbury Road; 20 (and 26), 30 and 34 Carver Road; 971, 975 and 983
Forest Street. Tax Parcels: ED-05-076.07-01-38.00-000, ED-05-076.07-01-39.00-000, ED-05-
076.07-01-61.00-000, ED-05-076.07-01-60.00-000, ED-05-076.07-01-59.00-000, ED-05-
076.07-01-62.00-000, ED-05-076.07-01-36.00-000, and ED-05-076.07-01-37.00-000. Council
District 4.
Representatives: Mr. Tolano Anderson, Faithwork, LLC
Mrs. Melson-Williams stated that this application first appeared before the Planning Commission
in October 2019 where it achieved the conditional approval from the Planning Commission. It
did revisit the Planning Commission on two other times to give updates on revisions to the plan.
Those occurred on May 18, 2020 presenting a slightly different scenario for lot consolidation and
revisions to their stormwater Management Plan. The second revisit to the Planning Commission
happened on August 17, 2020 and that focused on revisions to the site access onto Saulsbury
Road. The application is very much in the active Check Print Review process. A number of
agencies have had multiple rounds of comments as they work to achieving Final Site Plan
Approval. As of this point, they do not have Final Plan Approval. The Code allows them to make
a request to extend for one-year and that is their request to the Planning Commission this
evening.
Mr. Anderson stated that this has been a challenging project for many reasons but we have been
happy to work with all of the agencies and the Development Advisory Committee. He believes
that they have been very effective working through them all. It’s been a cooperative process. He
also just wanted to thank the Commission in advance because this project has had some delays
and most of them are driven by factors affecting the pandemic. There has been a series of things
and we are just looking forward to moving forward. We actually have the momentum that we
need right now for not only the Final Plan Approval but some of the other administrative delays
and personnel delays. They have had serious tragedies associated with the pandemic and we are
just really looking forward to moving this project to completion.
Mrs. Maucher stated that she noticed in the letter from Larson Engineering that it says you need
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CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
to obtain property from an adjoining property owner. Could you please explain that? Responding
to Mrs. Maucher, Mr. Anderson stated that it is not actually to acquire property but DelDOT
would like a joint access easement primarily for access flow and access control. That just
requires an agreement between us and the owner of the Subway which is located on the direct
corner at Forest Street and Saulsbury Road. So, it is not an actual acquisition of any additional
property; it is simply a joint access agreement.
Mr. Hartman moved to approve a One-Year Extension for S-19-22 Tommy Express Car Wash at
Carver Road, seconded by Mrs. Welsh and the motion was carried 9-0 by roll call vote. Mr.
Cooper voting yes; he thinks that there have been a lot of unprecedented delays with the COVID
pandemic and as someone who is in construction, he knows that they are very unforeseen. Mr.
Roach voting yes; for reasons previously stated. Mrs. Lord voting yes; for reasons previously
stated. Mr. Hartman voting yes; based on their original application and the reasons that they
stated for the extension. Mr. Baldwin voting yes; based on the approval of the application. Dr.
Jones voting yes; for reasons already stated. Mrs. Welsh voting yes; for reasons previously
stated. Mrs. Malone voting yes; for reasons stated. Mrs. Maucher voting yes, in consideration of
the progress that the applicants have made.
Revision to Applications:
C-21-02 JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road -
Update on Revisions to a Site Plan associated with an Application for Conditional Use to permit
renovation of a 10,111 SF space in an existing one-story 33,143 SF building into a Child Day
Care Center to serve 170 children. The property consists of a 2.39 acre+/- parcel and is located
on the south side of South Little Creek Road opposite Babb Drive. The property is zoned C-4
(Highway Commercial Zone). The owner of record is Empire Medical, LLC and the applicant is
JJ’s Learning Experience 2. Location Address: 756 South Little Creek Road Suite 1. Tax Parcel:
ED-05-077.00-01-03.00-000. Council District 2.
Representatives: Mr. James Taylor, Duffield & Associates
Mrs. Melson-Williams stated that this is an update on a series of revisions that are supposed for a
Conditional Use Site Plan that the Planning Commission saw back in March and April of this
year. They have been working on, since the time of Planning Commission, addressing the
Development Advisory Committee review comments. Tonight, they bring to you an update on
one of the revisions that those comments have necessitated specifically from DelDOT. In
working with that agency and looking to achieve Entrance Plan Approval, there will be some
changes needed to how you access and exit the site. The project currently has two full movement
site egress and access points onto South Little Creek Road but DelDOT is seeking revisions to
that which will then create basically a one-way circulation around the building so that you enter
at one point and circulate on-site and then exit at one of the other points to South Little Creek
Road. In doing so, we thought that the Planning Commission should see that Plan as an updated.
For the most part, it does not make any changes to the Conditional Use for the Child Day Care
Center. That is still located in the same part of the building; basically the east side of the
building. The child play area is still accessed from the building and is located on the south side
of the building. The shape of the outdoor play area is slightly changed in order to accommodate
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CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
this one-way circulation drive but that remains a fenced area for the children. Then, there have
been some refinements in the two parking areas to accommodate the flow of traffic on-site; both
on the west and then at the east side of the building. The site continues to show requirements that
were made part of that Day Care application including bicycle parking, the site lighting features
and the crosswalk areas bringing you into the site and from key parking areas. One of the things
that has changed is that we have a new engineering firm on board working with the applicant and
their representative is here this evening. They continue to move through the Check Print Review
Process but we thought that it was in the best interest of the Planning Commission for them to
see the update which is really necessitated with them achieving their Entrance Plan Approval
from DelDOT. It is just an informational item for the Commission.
Mr. Taylor stated that they have been actively working on this project with the client for a couple
of months now. Mostly, it revolves around DelDOT approvals. They met with DelDOT in what
they call a Pre-Submittal Meeting back in the summer. One comment that they had was that
currently the site has two access points that are full movement and they would require both to be
brought up; however, they then said that they would not permit two access points onto the site.
With having two access points now and not being permitted two access points in the future,
obviously a road needed to be created along the back side of the building in order to connect the
two areas. They discussed with DelDOT about potentially doing a one-way in and one-way out
as there isn’t really area for vehicles to be able to turn around on the site itself. If there is a
delivery truck coming for either the Day Care or another business, if it was one entrance point,
there would be no way for them to be able to access the site and get back out without actually
causing more issues on-site. What they proposed was kind of the intermediate point between
those two discussions which would be entering off of (South Little Creek Road) directly across
from Babb Drive and a right-in entrance would be provided as well to be able to allow vehicles
to enter the site. They would then transfer along the back side of the site and then be able to
leave on the furthest to the right entrance point. With this, there was some impervious coverage
that was added; however, we still stay under what is required by Code for impervious coverage
on the site as well as meeting the Kent Conservation District’s Standard Plan Application. We
will be working with them on those improvements and as Mrs. Melson-Williams mentioned,
most of the other main features of the site stay as they are. The bike racks, dumpster enclosures,
parking, sidewalks and access points to the areas are all pretty much as they were before the site
modifications.
Mr. Hartman asked Mr. Taylor if he thought that there are any additional hazards presented by
traffic to the parents or children because of this re-design. Responding to Mr. Hartman, Mr.
Taylor stated that he doesn’t think that there is any additional hazard. There are crosswalks
which are where the crossings are located. The day care’s playground is fully enclosed to make
sure that there is not an issue with the kids running out into a street. He does not believe that
there are additional hazards imposed onto parents or children. The rest of the shopping center is
not really being used during the early morning and most of the day-time frame. The rest of it
would be used during the night usually when the day care is not in session. Although there is an
access drive and you would be sending some more traffic along that back road, there does not
appear to be a hazard in that case.
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Mr. Hartman questioned if there is any problem with the setbacks for this design? Responding to
Mr. Hartman, Mrs. Melson-Williams stated that setbacks in the Zoning Ordinance pertain to the
building. There is not a setback that would limit the placement of the circulation drive which is
the additional pavement being added to the site. The other parking areas are existing pavement;
they are just being restriped or turned into islands as part of this. Setbacks on the Zoning
Ordinance pertain to the building and in this case, since we are not expanding the building we
are okay.
Mr. Hartman stated that the Day Care Center requires 36 spots. Is that correct? Responding to
Mr. Hartman, Mr. Taylor stated that is correct.
Mrs. Melson-Williams stated that the parking requirement for a day care facility is based on the
number of children with a rate per the number of children and a number of adult attendants. That
number was set with their Conditional Use Site Plan Application.
Mr. Hartman stated that he understands that, but the parking has been reduced for the entire site
from 73 to 64. What affect do you think that is going to have on the business that is there?
Responding to Mr. Hartman, Mrs. Melson-Williams stated that the existing parking on the site
does carry with it some degree of nonconformity based on when the building was initially
constructed. The parking meets the requirements for the Day Care. The parking lot is with
multiple users of a shared facility so you may have parking needs at times when one use may or
may not be open. In this case, she is not sure that the west side of the building has firm tenants;
that seems to be a moving target over the last few months. The Day Care is about the only one
that they can firmly point to as a use with a required number of parking spaces at this point.
NEW APPLICATIONS
Z-21-06 Lands of Ingram at 317, 319, and 325 W. Division Street - Public Hearing and Review
for recommendation to City Council on a rezoning application for three parcels of land
consisting of 0.05 +/- acres, 0.13 +/- acres, and 0.08 +/- acres, for a total 0.26 +/-
acres (11,628.36 SF +/-). The properties are zoned C-1A (Limited Commercial Zone). The
proposed zoning for all three properties is IO (Institutional and Office Zone). The properties are
located on the north side of West Division Street and east of North Queen Street. The owners of
record for all three parcels are E. Vernon Ingram Jr. & Alice M. Ingram. Property Addresses:
317, 319, and 325 W. Division Street. Tax Parcels: ED-05-076.08-05-03.00-000, ED-05-076.08-
05-02.00-000, and ED-05-076.08-05-01.00-000 respectively. Council District 4. First Reading
was held by City Council on September 27, 2021 where the Public Hearing dates were set for
Planning Commission on October 18, 2021 and City Council on November 8, 2021.
Representatives: Ms. Jeanine Kleimo, Dover Interfaith Mission; Mr. Brian Turner, Mountain
Consulting
Mr. Swierczek stated that this is a Rezoning Application for three parcels of land on West
Division Street addressed at 317, 319 and 325 West Division Street. This was most recently part
of a motor vehicle sales facility. Planning Staff is recommending approval of this application.
The land use designation as reiterated in the 2019 Comprehensive Plan is Mixed Use. The
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CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
current zoning being C-1A (Limited Commercial Zone) and the proposed zoning being IO
(Institutional and Office Zone); both being compatible with that Mixed Use land use designation.
The IO (Institutional and Office Zone) zoning has a multitude of largely institutional and office
uses as well as a few public service uses. As a note to the members of the Planning Commission,
this is a request for the Rezoning only; it is not addressing any specific type of development.
Whatever the Planning Commissioners’ recommendation is, it would still have to go to City
Council for final approval and whatever the outcome of that is they can proceed with any type of
development that would be subject to the relevant review process. As a note, we have received
some items of communication from the public. Mainly, they are a series of letters distributed to
members of City Council in support of this Rezoning Application. Most recently today, Planning
Staff received a letter from the previous Director of Planning & Inspections, Mrs. Ann Marie
Townshend. She was also noting her support noting its compatibility with the Land Use Table in
the 2019 Comprehensive Plan. As well as noting her support for the applicants and stating that
she is in support of Dover diversifying its housing stock and that not doing so could have Dover
facing some difficulties with fair housing issues.
Ms. Kleimo stated that she chairs the Dover Interfaith Mission for Housing at 684 Forest Street.
She is here to simply answer questions. They have operated a program of assistance and shelter
to homeless men effectively for the past 13 years. They need to move from a leased space and
seek to acquire this property for our future operations. They have appreciated the measure of
community support that they have received and the support of the Planning Staff of the City of
Dover.
Mrs. Maucher opened a public hearing.
Mr. Brian Turner – Mountain Consulting – 103 S Bradford Street Dover, DE 19904
Mr. Turner stated that they did prepare the existing Site Plan for the Rezoning. They did not find
any issues with any of the property corners or the descriptions that are found in the deed and feel
that what is represented on the plan is accurate.
Mr. Nathan Attard – 452 East Loockerman Street Dover, DE 19901
Mr. Attard stated that he wanted to speak in support of this project. It looks like a very good re-
use of a couple of existing buildings on the site. IO (Institutional and Office Zone) zones exist
around the City in districts much like what exists at Division Street and North Queen Street. He
is excited to see this project move forward.
Mrs. Ann Marie Townshend – 52 Washington Street Dover, DE 19904
Mrs. Townshend stated that she submitted written comments in support. Again, she just thinks
that given that it is consistent with the Comprehensive Plan, compatible with surrounding land
uses, and the organization who is requesting the Rezoning has an excellent track record for
providing vital community services.
Mrs. Melson-Williams stated that she wanted to reference the written comments that Mrs.
Townshend provided. It was by email and the Planning Commission members received a copy of
that on their desks this evening and it was also emailed to them this afternoon. It reflects Mrs.
Townshend’s statement that she is in support of the Rezoning Application noting the consistency
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with the Comprehensive Plan. There are also some references to the work the Dover Interfaith
Mission for Housing does provide. Staff will enter that email and its entirety into the record by
reference this evening.
There were also copies of the series of letters that were included in the Planning Commissioner’s
packets. It was a series of correspondence addressed to a number of the City Council members
that were sent by The People’s Church of Dover signed by the Reverend Dr. G.D. Hodge and
they are noting the support of the Dover Interfaith Mission for Housing and urge the support of
this Rezoning Application. The series of letters include correspondence that was addressed to
Council Member Hare, Council Member Taylor, Council Member Bogherty, Council Member
Neal, Council Member Sudler and Council Member Arndt. These emails were forwarded to the
Planning Office from the Office of the City Clerk who received them on behalf of the Council
Members. We have already noted the email received from Mrs. Townshend.
Mrs. Maucher closed the public hearing.
Mr. Hartman moved to recommend approval to City Council for Application Z-21-06 Lands of
Ingram at 317, 319, and 325 W. Division Street to change the zoning from C-1A (Limited
Commercial Zone) to IO (Institutional and Office Zone) based on comments provided in the
packet from Planning Staff and the fact that it is consistent with the 2019 Comprehensive Plan,
seconded by Dr. Jones and the motion was carried 9-0 by roll call vote. Mr. Hartman voting yes;
based on the outstanding motion. Mr. Baldwin voting yes; based on Staff’s recommendations and
also that it is consistent with the Comprehensive Plan. Dr. Jones voting yes; based upon Staff’s
recommendations and first-hand knowledge of the work that this organization does and the value
that it provides for the City of Dover. Mrs. Welsh voting yes; based on the request for the
Rezoning being in compliance with the Comprehensive Plan and it seems like it’s going to be a
much needed and appreciated use of the facility. Mrs. Malone voting yes; she supported
Interfaith Mission the last time and she wholeheartedly supports them again and also for the
same reasons that Dr. Jones stated. Mr. Cooper voting yes; for reasons stated by Staff and Staff
support and also because of the 13-year track record of awesome work that they have done
within the City of Dover. Mr. Roach voting yes; for all of the reasons previously stated by all of
the Planning Staff and the Commissioners. Mrs. Lord voting yes; for all of the reasons
previously stated. Mrs. Maucher voting yes; based on the consistency with the Comprehensive
Plan and it falls in with the character of property.
MI-21-10 Text Amendment: Manufacturing Zone (M) - Public Hearing and Review for
recommendation to City Council on a Text Amendment to the Zoning Ordinance, Article 3 –
District Regulations, Section 19 – Manufacturing Zone (M); Article 4 – Zoning Bulk Parking
Regulations, Section 4.16 – M, IPM Zones; and Article 5 – Supplementary Regulations, Section
3 – Supplementary Regulations Applying to Nonresidential Buildings, except in IPM Zone. The
proposed Ordinance seeks to eliminate the need for a Conditional Use allow all listed uses by
right in the M Zone. The amendment also adds uses including “transshipment and distribution,
logistics support; railroad yards, sidings, and storage facilities; and Accessory uses.” The Bulk
Standards are being amended to remove the number of permitted stories and to increase the
maximum height from 35 feet to 60 feet. Lastly, the Supplementary Regulations are being
amended to clarify height regulations in nonresidential zones and clarify how height is measured.
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Item 3.
CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
Ordinance #2021-19. First Reading was held by City Council on September 27, 2021 where the
Public Hearing dates were set for Planning Commission on October 18, 2021 and City Council
on November 8, 2021.
Representatives: None
Mr. Hugg stated that this is a Zoning Text Amendment proposed by Planning Staff as a result of
continued review of various pieces of our Ordinance and also recognition of things that are
happening in Dover in the Manufacturing, Industrial and Commercial areas. Our current
Ordinance right now sets a maximum building height (to the top of the roof) to be 35 feet which
results in limitations on the clear height of the interior space which is the space below the lowest
point of any ceiling member, beam joist or other structural part. Increasingly, they are aware that
modern warehouse flex spaces and manufacturing facilities needing clear heights inside the
building of 32 to 36 feet with a preference for greater clearances if possible. The 35-foot
limitation to the outside roof significantly limits our competitive potential for attracting and
retaining a number of commercial and industrial activities and a number of manufacturing uses.
Right now, we actually have two projects pending that involve relatively large flex space in the
City of Dover. They may not be feasible if the clear building space is retained as it is today. They
have also looked at other Ordinances at other municipalities with whom we compete to make
sure that we are not unnecessarily limiting our competitive opportunities. In addition to
addressing the height of the building, we have also looked at the rest of the text requirements
including the very old requirement that all manufacturing uses be determined as a Conditional
Use. We find that its expense and the uncertainty in delay discourage some applicants coming to
the City of Dover. They have approved other changes to the IPM Zones to allow warehousing
and transshipment and those were kind of uses but we have not amended the Manufacturing
District to make them consistent. We also recognize that they did not include as a permitted use
railroad yard siding and railroad related storage facilities. Our railroad sites have become
extremely valuable commodities in the absence of a promised permitted use in that classification
becomes a limiting factor. They made some adjustments to the uses that could be considered
accessory. Mostly relating to modern warehousing, industrial, and manufacturing kinds of
abilities. It is a series of changes to the text of the Manufacturing Zone to allow us to be much
more competitive and allow us to reach out to recruit additional industry manufacturing into the
City of Dover and encourage people to invest their money in Dover facilities.
Mr. Hartman stated that based on the presentation from Mr. Hugg, it seems that this change has a
lot of merit and is a good idea. Contained in the Report, there is a comment about the Fire
Chief’s concern with ladders. Could he understand a little bit more about that? Responding to
Mr. Hartman, Mr. Hugg stated that he wishes the Fire Marshal was actually available to answer
that question. Apparently, there are some limitations to the maximum height of ladder trucks that
are available to the Dover Fire Department and some concern about reaching the top of the
structures. He would note that buildings of this type are fully sprinkled and are primarily steel
buildings which have a different fire rating. Most of the concerns as he reads the comment has to
do with high-rise and mid-rise buildings which he would consider to be residential and not
manufacturing or industrial kinds of buildings. We do have a number of buildings in the City of
Dover that are in excess of 60 feet. The Uzin & Utz facility, for example, out in the business park
and obviously the hospital. There are a number of buildings that are greater than 60 feet so he
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Página 14
Item 3.
CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
thinks this is a valid observation but he doesn’t think that it is one that would require a cut down
of the maximum height. Actually maximum height in most of the areas that we are dealing with
is limited more by the Air Force and their Compatibility Zone (Note: This is the AEOZ and
associated AICUZ Study).
Mr. Hartman asked if it would be fair to request the Fire Chief address City Council when this
comes before Council. Responding to Mr. Hartman, Mr. Hugg stated that he can certainly ask
them to do that. The Fire Marshal referenced from the Fire Chief so most definitely we can do
that.
Mrs. Maucher opened the public hearing.
Mr. Nathan Attard – 452 East Loockerman Street Dover, DE 19904
Mr. Attard stated that he is generally supportive. The only thing that he would highlight to the
Planning Commission is the parking requirements that are required. Manufacturing has really
changed quite a bit to now require a lot more space and a lot fewer employees. He knows that
when it came to the Delmarva Corrugated Plant, we required by City Code the building of way
more parking than was actually needed. That is a project that when it comes to State or City
Council and development finance subsidies, it is substantial. We literally drive up the cost of a
project by a dated parking requirement. While you guys are striking some things in this section
of the Code, he would really encourage you to look at that.
Mrs. Maucher closed the public hearing.
Mrs. Welsh moved to recommend approval to City Council for application MI-21-10 Text
Amendment: Manufacturing Zone (M), seconded by Mrs. Malone and the motion was carried 9-0
by roll call vote. Mrs. Welsh voting yes; it seems to be a needed revision to the documents in
order to allow manufacturing plants to better serve the Dover community. Mrs. Malone voting
yes; for reasons stated. Mr. Cooper voting yes; for reasons previously stated. Mr. Roach voting
yes; for the reasons previously and he also wants to thank Planning Staff for their due diligence
and their thoroughness with these text amendments. Every time we get them, he reads them and
is just in awe at the fact of their attention to detail to be able to make sure that we continue to
progress in a positive place. Mrs. Lord voting yes; for reasons previously stated. Mr. Hartman
voting yes; based on the merits outlined in the Report given in the packet dated October 18, 2021
and the presentation by Mr. Hugg. Mr. Baldwin voting yes; based on the outline that we have
and the fact that they are changes made to help us move forward. Dr. Jones voting yes; for all of
the reasons previously stated. Mrs. Maucher voting yes; she is very supportive of modernizing
our Ordinances and she would also encourage Staff to take the comment regarding parking into
consideration.
NEW BUSINESS
Implementation of the 2019 Comprehensive Plan: Comprehensive Rezoning 2021 Project and
Comprehensive Plan Amendments Set #2 - Updated Maps and Table 12-1
Mrs. Melson-Williams stated that these are documents that you will need to insert into your
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Página 15
Item 3.
CITY OF DOVER PLANNING COMMISSION OCTOBER 18, 2021
physical copy of the Comprehensive Plan and it already has the holes punched. These are the
final documents as adopted from actions that were taken earlier this year when we had a set of
Comprehensive Plan Amendments that were associated with that Comprehensive Rezoning
Project. This now includes the changes to the Land Development Plan Matrix which is Table 12-
1 and then the changes to the Land Development Plan Map Series Map 12-1 which we present in
a full view of the City and then in the series of Inset Maps. She does want to send a thank you to
Ms. Bulkilvish. She is the GIS guru behind the mapping and is kind of trying to wrap up this
project since we got it adopted. She got all of our Zoning Maps updated which you can see on
the Dover Parcel and Zoning Viewer that is available on the City’s website. Any time that you
are looking at a Rezoning, these two (Land Use Matrix Table and Map Series) come into play
when considering Rezoning Applications.
Discussion on Future Planning Commission Workshop Topics of Interest
Mrs. Melson-Williams stated that in the past, the Planning Commission has held Quarterly
Workshops. We would meet at a lunch time and spend an hour with a little bit of educational
opportunity for you. We may look to restart those after the first of the year but we want to at
least give you an opportunity to tell us what you would like to learn more about. If you have
chosen your five from this list or added others, you can certainly get that information to Planning
Staff. We just kind of brainstormed a quick list. If you have a Meeting night that is light in the
number of applications, we may try to include some of that in some presentations for those
months. Certainly let us know what you want to learn more about or what would help make your
job that much easier. If there is a particular thing that we have not listed, please include that. We
have tried to give a variety of options here and we would be happy to answer any kind of
questions that you have. In the past, for those that are new, the format would be a lunch time
meeting. We have served something for lunch so that if you are a working individual, you could
at least join us for a little bit and take care of having lunch and learn a little bit at the same time.
In other instances, we have done them in conjunction with Planning Commission Meetings if
you have a light agenda. She will note that the University of Delaware’s Institute for Public
Administration is planning a series of workshops and they will be restarting that in January. They
kind of do one a month. She believes that they will still be in a virtual format so those of you
who haven’t done that series before, we certainly encourage it. It begins with the basics of “What
Is Planning?” and then goes through a little bit more advanced. If you have taken it before, you
can certainly take it again. We will be getting you information on those upcoming trainings
availability probably later this year.
Meeting adjourned at 8:15 PM.
Sincerely,
Kristen Mullaney
Secretary
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Item 5.
City of Dover
PETITION TO ANNEX PORTIONS OF RIGHT-OF-WAY
DEVELOPMENT ADVISORY COMMITTEE OF November 3, 2021
PLANNING COMMISSION MEETING OF November 15, 2021
File Number: AX-21-04
Ordinance Number: 2021-23
Area Location: Right-of-way located northeast of the intersection of College
Road and the Lands of Delmarva Railroad (Railroad Corridor).
Tax Parcel ID #: In the vicinity of parcels ED-05-067.00-02-53.00-000 and
ED-05-067.00-02-56.00-000
Area Size: Right of Way Areas
Area 1: Raymond Street (aka Jason Street) 0.6447 acres
Area 2: Railroad Avenue 0.8737 acres
Area 3: Grove Street 0.1607 acres
TOTAL: 1.6791 acres +/-
2019 Comprehensive Category 1: High Priority Annexation Areas (Enclave)
Plan Designation:
Present Use: Improved and Unimproved Right-of-Way
Proposed Use: Improved Right-of-Way
Additional Details: The area in question was plotted in 1899 and can be seen on a
plan titled “The College Settlement Company” (Exhibit
attached). Over the years parcels and right-of-way have been
annexed into the City of Dover. With some of the annexations it
is unclear whether the right-of-way was brought into the City at
the same time. Staff is continuing to research the prior
annexations from 1973-2006 adjoining these rights-of-way and
have found that some of the descriptions of the areas annexed
include the right-of-way and some do not.
This application is meant to clarify that the remaining right-of-
way of Raymond Street, Railroad Avenue, and Grove Street are
brought into the City to reduce an enclave and to ensure the
proper right-of way is established for future development of
parcels that have already been annexed into the City.
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 17
Página 18
Item 5.
Utility Availability: Electric: All surrounding parcels are currently in the Electric
Service Area.
Water and Sanitary Sewer: The above referenced rights-of-way
currently have some water and sanitary sewer already installed.
To have the City of Dover accept this annexation, the water and
sanitary sewer infrastructure must be brought up to current City
standards, as indicated in the Water/Wastewater Handbook.
This includes, but is not limited to, the size, material, and slope
of infrastructure, as well as a video recording of the sanitary
sewer to verify satisfactory condition. The upgrades will be
required to be paid by the developer. It is recommended that
other utilities (telecommunication, gas) be notified of this
annexation in order to upgrade their utilities, if necessary. All
utility upgrades shall be completed prior to the final street
widening and/or improvements.
Staff Recommendation: It is the Staff’s recommendation that the right-of-way known as
Raymond Street (aka Jason Street), Grove Street, and Railroad
Avenue be annexed into the City to close an enclave and “clean
up” the City boundary by including areas of right-of-way that
were intended to be included in the City upon the previous
annexations of neighboring properties. Furthermore, certain
utilities are already available in this area under some of the
right-of-way described and can be brought up to current
standards with any further development of the area.
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Item 5.
City of
CITY OF DOVER Dover
Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: November 3, 2021
APPLICATION: Annexation Clarification of Right-of-Way known as Raymond Street (aka
Jason Street), Grove Street, and Railroad Avenue
FILE #: AX-21-04 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Samantha Bulkilvish, AICP, Planner II PHONE #: (302) 736-7196
Dawn Melson-Williams, AICP, Principal Planner
I. Summary
This application is for an Annexation Clarification of three Rights-of-Way known as Raymond
Street (aka Jason Street), Grove Street, and Railroad Avenue north of College Road and east of
the Lands of Delaware Railroad. The area of the Right-of-Way in question totals 1.6791 acres or
73,141.6 SF +/-. Tax Parcel: In the vicinity of parcels ED-05-067.00-02-53.00-000 and
ED-05-067.00-02-56.00-000.
II. Existing Property
The land area is located on the north side of College Road, but not adjacent to it and to the east
of the railroad corridor. They are the original Rights-of-Way plotted in 1899 for The College
Settlement Company and shown on Plot Book A, Page 85 as portions of Railroad Avenue, Grove
Street and Jason Street (Exhibit Plan Attached). The Right-of-Ways are bordered with property
that has since been annexed into the City of Dover with the exception of a portion of Jason Street
(now known as Raymond Street) which still has property that is within Kent County on its south
side. See the series of Plan Exhibits (prepared by Pennoni Associates) for the Right-of-Ways.
More specifically the portions of Right-Of-Way can be described as follows:
• Area 1: Right-of-way segment of Raymond Street (aka Jason Street) from Mishoe Street
to Railroad Avenue at the railroad corridor. Width of 35 feet. Area Size: 0.6447 acres +/-
(28,084 SF)
• Area 2: Right-of-way segment of Railroad Avenue from Raymond Street and extending
north approximately 1090.24 feet parallel to the railroad corridor. Width of 35 feet. Area
Size 0.8737 acres +/- (38,057 SF)
• Area 3: Right-of-way segment of Grove Street from Raymond Street and extending north
approximately 200 feet to previously abandoned portion of Grove Street. Width of 35
feet. Area Size: 0.1607 acres+/- (7,000SF)
The reason for annexation is to reduce an enclave in the City of Dover Boundary and to provide
opportunities for access to parcels that have already been annexed into the City.
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 19
Página 20
Item 5.
AX-21-04 Annexation Clarification of Right-of-Way known as Raymond Street, Grove Street, and Railroad Avenue
DAC Report of November 3, 2021
Page 2
III. Surrounding Land Uses
The surrounding land uses are primarily residential. The properties to the north and east are
primarily vacant except for an apartment building along the north side of the improved portion of
Raymond Street. The properties to the south of Raymond Street are a mixture of single-family
homes, mobile homes/manufactured homes, and vacant land. There is one parcel to the south of
Railroad Avenue that has an institutional use and is owned by Delaware State University.
IV. Comprehensive Plan
In the 2019 Comprehensive Plan, the Map 13-1: Potential Annexation Areas identifies the
property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan
Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated
territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides
these parcels with one or more essential service (sewer, water, police, fire, etc.).”
The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being
proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include:
• Proposed zoning be in compliance with the land use category shown on Map 13-2 and used
in conjunction with Table 12-1: Land Use and Zoning Matrix;
• Character and compatibility of the surrounding land uses and properties;
• The street type and capacity serving the property;
• Environmental concerns and conditions that may influence land use and zoning;
• Market concerns and conditions;
• The compatibility with the overall goals of the Comprehensive Plan.
The areas in question are not parcels, but right-of-way which would not be assigned a Land Use
Category or zoning classification.
V. Research and Findings
Annexations in the Area
The area to the north and south of College Road and to the east of the Lands of Delaware
Railroad was platted in 1899 and recorded with the Kent County Recorder of Deeds (Plot Book
A, Page 85) as the “Plot of Land Belonging to The College Settlement Company.” This Plat
shows 215 lots and right of way including Railroad Avenue, Grove Street, and Jason Street.
Through the years between 1973 and 2006 portions of this subdivision were annexed into the
City of Dover. See the summary listing of Annexations below. The Lot numbers are those used
in the College Settlement Plat.
• 1973 – The Lands of Luna Mishoe were annexed which included Lots 153-167, 179-188,
and 189-196. The Resolution for this annexation is silent as to the annexation of any
adjacent right-of-way. (Annexation #73-1)
• 1977 – College Road and the Lands of Burden (Lot 151) were annexed into the City of
Dover. This annexed the right-of-way of College Road from the railroad to the St. Jones
River. (Annexation #77-2) (Current Property Address: 331 College Road)
• 1983 – The Lands of Joe Burden (Lots 177 and 178) were annexed into the City and in
the description given in the Resolution the portion of Jason Street that the two lots
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Item 5.
AX-21-04 Annexation Clarification of Right-of-Way known as Raymond Street, Grove Street, and Railroad Avenue
DAC Report of November 3, 2021
Page 3
fronted on was also annexed. (Annexation #83-1) (Current Property Address: 10 Mishoe
Street and part of the right-of-way of Mishoe Street.)
• 1987 – The Lands of Raymond Fisher (Lot 176) was annexed into the City and in the
description given in the Resolution the portion of Jason Street that the lot fronted on was
also annexed. (Annexation #87-1) (Current Property Address: 315 Raymond Street)
• 1993 – Lands of Jemm Investors described as 1.2890 acres of land with its southwest
corner starting at the intersection of College Road and the lands of Delaware Railroad
Company and extending northwest to the south line of Jason Street, but not including any
right-of-way of Jason Street. (Annexation #93-3) (Current Property Address: 255 College
Road)
• 2006 – Lands of College Road Management Inc., Kent Storage Facilities, LLC, and
Loralex Company, LLC. consisting of four (4) parcels containing 30.766 acres north of
Raymond Street (aka Jason Street) and east of the railroad corridor and Railroad Avenue
with the eastern boundary of the subject area being the St. Jones River. In the Resolution
the property description for annexation includes a portion of Raymond Street (aka Jason
Street) the same length as the width of parcel ED-05-067.00-02-53.00-000. (Annexation
AX-06-02)
While the right-of-way was not explicitly described in the resolutions of the majority of these
properties annexed into the City it is the City Solicitor’s understanding that because the right-of-
way was originally platted for public use that as the properties were annexed the adjacent right-
of-way should have been annexed as well. From our research it appears that portions of
Raymond Street (aka Jason Street) were included in the annexations of certain adjacent parcels at
its west and east ends. The Annexation Resolutions today are written in a way to ensure that the
adjacent right-of-way is annexed into the City at the same time adjacent properties are annexed.
The purpose of this Annexation Application is to clarify that all portions of right-of-way known
as Raymond Street (aka Jason Street), Grove Street and Railroad Avenue shall be annexed into
the City of Dover.
Street Name Change
In August of 2001 City Council voted to approve the Street Name Change from Jason Street to
Raymond Street. The request was previously reviewed by the Planning Commission and the
Utility Committee which both recommended approval. The name change was related to the
Development of the University Courtyard Apartments and the renaming of Waters Street, south
of College Road, to Jason Street prompting the need to change the Right-of-Way formerly
known as Jason Street to the north of College Road to Raymond Street.
City of Dover Street Maintenance
The portion of Raymond Street starting at Mishoe Street and extending 0.04 miles west has been
dedicated to the City of Dover for maintenance. See Email with map diagram of location.
VI. Recommendation of Planning Staff:
Staff recommends the annexation of the rights-of-way known as Raymond Street (aka
Jason Street), Grove Street, and Railroad Avenue to reduce an enclave of the City
Boundary and to clarify portions of right-of-way that should have been annexed in the
past. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as
Category 1: High Priority Annexation Areas. The annexation of the rights-of-way would allow
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Item 5.
AX-21-04 Annexation Clarification of Right-of-Way known as Raymond Street, Grove Street, and Railroad Avenue
DAC Report of November 3, 2021
Page 4
for the development of properties that have already been annexed into the City and would reduce
an enclave in the City Boundary.
Staff research shows that portions of the Right-of-Way Areas were already annexed. The
Annexation of the three Right-of-Way Areas will clarify that these areas as described are within
the City of Dover and that their future development/improvement will be subject to City Street
Standards.
This recommendation is being made without the 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. The land in question is simply right-of-
way so there is no recommended zoning to accompany this annexation. Since it is right-of-way
that was plotted in 1899 and intended to be used by the public it is the City Solicitor’s
interpretation that the City should have annexed the adjacent right-of-way when the properties in
the vicinity were annexed from 1973 – 2006.
VII. ADVISORY COMMENTS
1) The Plan of Services is being prepared for this Annexation Area and will be submitted to the
Office of State Planning Coordination upon completion for their approval.
2) From the agency comments received, there may be some existing City water and sewer
installed. Any existing infrastructure will have to be brought up to current City standards as
defined in the Water/Wastewater Handbook. Any new development or upgrades to existing
infrastructure would be paid for by the developer.
3) From agency comments received, a portion of Raymond Street (aka Jason Street), 0.04 miles
extending west from Mishoe Street, is currently a City maintained road. Ultimately any
roadway constructed in the right-of-way will require dedication to the City of Dover.
4) Upon annexation into the City of Dover, the land area will be subject to the provisions of the
Dover Code of Ordinances. This includes procedures such as review processes for plans and
permits for construction activities, street construction standards, etc.
5) Any future development plans tied to the annexation of right-of-way are subject to review by
the Planning Office and the Development Advisory Committee (D.A.C.). If the extent of the
development warrants review by the Planning Commission a public hearing date will be set,
and Planning Commission may grant Conditional Approval. All comments from the D.A.C.
shall be addressed prior to Final Plan Approval from the Planning Office.
6) It is noted that the approval of any Annexation application does not represent a Building
Permit or other construction activity permit approval. A separate application submission
showing all improvements is required before issuance of permits by the City of Dover.
7) Regarding improvements of and connection to City services (water and/or sanitary sewer),
the City’s Department of Water & Wastewater must be contacted for procedures, permitting
and impact fees.
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Item 5.
AX-21-04 Annexation Clarification of Right-of-Way known as Raymond Street, Grove Street, and Railroad Avenue
DAC Report of November 3, 2021
Page 5
8) Street improvements in the right-of-way area is subject to street construction standards of the
City of Dover’s Department of Public Works.
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.
Attachments:
• Annexation Exhibit AX-21-04
• Email with Raymond Street (City Street Maintenance)
• The original Plat dating back to 1899 showing the Rights-of-Way titled “Plot of Land
Belonging to The College Settlement Company”
• Series of Maps and descriptions of Right-of-Way prepared by Pennoni Associates
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Item 5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 1, 2021
APPLICATION: Annexation of Right-of-Way of Raymond
Street, Grove Street and Railroad Avenue
FILE #: AX-21-04
REVIEWING AGENCY: City of Dover Department of Public Works
CONTACT PERSON: Sharon J. Duca, P.E.
CONTACT PHONE #: 302-736-7025
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
STORMWATER / STREETS / SANITATION
1. None.
STREETS
1. Our office has no objection to the annexation of the right-of-way for Raymond Street, Grove Street and Railroad
Avenue. Regarding Raymond Street, however, 0.04 miles of Raymond Street, extending west from Mishoe Street, is
currently a City maintained road and the plans should be revised accordingly. Ultimately roadways within the
referenced right-of-way will require dedication to the City of Dover.
SANITATION
1. None.
GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES:
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT:
STORMWATER / STREETS / SANITATION / GENERAL
1. 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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Item 5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 27, 2021
APPLICATION: Annexation of Right-of-Way of Raymond Street, Grove Street and
Railroad Avenue
FILE #: AX-21-04
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
WATER / WASTEWATER
1. Our office has no objections to the proposed annexation of Raymond Street, Grove Street and Railroad Avenue. Any
redevelopment shall adhere to the City of Dover Water/Wastewater Handbook. Impact fees will be applied to this property.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
WATER / WASTEWATER
1. The above referenced rights-of-way may currently have some water and sanitary sewer infrastructure already installed. To have
the City of Dover accept the dedication of said streets, the water and sanitary sewer infrastructure must be brought up to
current City standards, as indicated in the Water / Wastewater Handbook. This includes, but is not limited to, the size, material
and slope of infrastructure, as well as a video recording of the sanitary sewer to verify satisfactory condition. The upgrades will
be required to be paid by the developer. It is recommended that other utilities (telecommunication, gas) be notified of this
annexation in order to upgrade their utilities, if necessary. All utility upgrades shall be completed prior to the final street
widening and / or improvements.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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C F
AX-21-04
Item 5.
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 10/27/21 D S
O H
V A
E L
R
APPLICATION: Annexation of Right of Way of Raymond St, Grove St, and Railroad Ave
FILE #: AX-21-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is an annexation of right of way. This office has no objections.
2. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
3. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
4. Gated Areas: Fire Department access shall be provided to the property through the use of a system or
device approved by the Fire Marshal. The system or device required shall be located in an area
accessible to the fire department and approved by the Fire Marshal. All gates shall be either
automatic or manual.
26
Página 27
Item 5.
An automated system shall consist of one manual and one automated means to open the gate. The
owner or their representative shall meet with the Fire Marshal prior to submission to agree on the
system. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their representative
shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of
agreement shall be created and signed by both parties. The letter shall include a detailed description
of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not less
than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be
setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
5. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any
new or existing building where a fire alarm or sprinkler system is being installed. It shall
be the responsibility of the owner or occupant to keep a set of keys in the secured key
box that are current to the locks of the protected occupancy. Buildings with 24-hour
staffing or guard service shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as
possible. Should the building design not allow the secured key system to be located by
the main entrance, the fire marshal and fire chief shall come to an agreement as to an
alternate location for the key box. A secured key system, once installed, shall not be
obstructed from view or obstructed by any means that would delay the fire department
access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress
or egress, whether on the interior or exterior of the building, and keys to locked
mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls
and any area protected by automatic fire detection. Keys to individual residential
apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the
key box for new buildings. It shall be the responsibility of the owner or tenant to order
the key box for existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be
conducted before the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
27
Página 28
Item 5.
6. Project to be completed per approved Site Plan.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. A discussion needs to take place about street conditions and if other areas will be
paved.
2. If streets are added, item #3 listed above needs to be discussed.
3. Items # 4 land # 5 listed above needs to be discussed about a current gated area.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 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
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
28
Página 29
Item 5.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Annexation of Right-Of-Way Raymond Street, Grove Street and
Railroad Avenue)
FILE#: AX-21-04 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No comment on the Annexation of the roads.
29
Página 30
City of Dover Annexation Exhibit Item 5.
Application No.: AX-21-04
Department of Planning & Inspections
M
d ish
R ol
a St
ilm V e ra W
W
ita
St
ea M R
Ar ay is ay
mon ho
d e
2
R
St
1
a
ea re
Ar A
3
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Co ge Co
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Pa d
rk R
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Dr le
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C
Area Area Description Width Area Size (Ac.) Area Size (SF)
Right-of-way segment of Raymond Street (aka Jason
Area 1 Street) from Mishoe Street to Railroad Avenue at the 35 ft. 0.6447 28,084
railroad corridor.
Right-of-way segment of Railroad Avenue from Raymond
Area 2 Dr
Street and extending north approximately 1090.24 feet 35 ft. 0.8737 38,057
parallel to the railroad corridor.
er
inst
Right-of-way segment of Grove Street from Raymond
m
es t
Area 3 Street and extending north approximately 200 feet to 35 ft. 0.1607 7,000
W
previously abandoned portion of Grove Street.
Tile: Annexation Clarification
Ordinance #: 2021-23
Location: North of College Road and East of the Railroad Tracks
Parcel ID: In the vicinity of ED-05-067.00-02-53.00-000
ED-05-067.00-02-56.00-000
Existing Use: Improved and Unimproved Legend
Right-of-Way Subject Property
Delaware_Railroad
Proposed Use: Improved Right-of-Way
Date: 09/30/2021 Building Footprints Area 1
0 180 360 720 Feet
« Dover Parcels
Kent County Parcels
Area 2
Area 3 30
Página 31
Item 5.
From: Duca, Sharon
To: Osika, Jason A.; Melson-Williams, Dawn; Bulkilvish, Samantha J; Lyon, Jason A
Subject: RE: AX-21-04
Date: Wednesday, October 27, 2021 2:27:40 PM
Attachments: image003.png
The blue line below represents City maintenance responsibilities. The City is responsible for 0.04 miles of Raymond Street from Mishoe Street as
registered with the State.
If you would like to discuss please let me know.
Thanks,
Sharon
From: Osika, Jason A. <josika@dover.de.us>
Sent: Wednesday, October 27, 2021 9:24 AM
To: Melson-Williams, Dawn <DMelson@dover.de.us>; Bulkilvish, Samantha J <sbulkilvish@dover.de.us>; Duca, Sharon <SDuca@dover.de.us>; Lyon, Jason
A <jlyon@dover.de.us>
Subject: AX-21-04
Please see the attached.
Jason Osika
Fire Marshal
IAAI-CFI, NFPA-CFI II
City of Dover Fire Marshal's Office
15 Loockerman Plaza
Dover, DE 19901
Office: 302-736-4457
Fax: 302-736-4217
City Email- josika@dover.de.us
31
Página 34
18072 Davidson Drive
Item 5.
Milton, DE 19968
T: 302-684-8030
F: 302-684-8054
www.pennoni.com
THE COLLEGE SETTLEMENT COMPANY
ROAD RIGHT-OF-WAY ANNEXATION
OVERVIEW NARRATIVE
City of Dover, East Dover Hundred,
Kent County, Delaware
The intent of this narrative is to support for the application for annexation of Railroad Avenue, Grove
Street, and Raymond Street. All these streets are represented on the recorded Plot Book A, Page 85;
titled “Plot of Land Belonging to The College Settlement Company, Dated 1899. Over time properties
shown on this recorded plan have been joined together to change the configuration of the original
plot. The roads that are the subject of this annexation request are believed to be within the Kent
County jurisdiction, so we are seeking to have the Right-of-Ways annexed into the corporate limits of
the City of Dover. We have provided a plan that McCrone prepared dated December of 2005 which
shows an annexation of additional parcels into the City of Dover adjacent to the roads. All these
Right-of-Way that we are seeking to be annexed are all 35 foot wide.
Railroad Avenue
Railroad Avenue runs coincident with the eastern side of the Delaware Railroad Company’s Right -of-
Way. Along the eastern side of Railroad Avenue are the parcels from The College Settlement
Company, dated 1899. This plan created a 35 foot wide Right-of-Way for said road. A portion of
Railroad Avenue was previously vacated (DB F 52, PG 73) between Raymond Street and College
Avenue and transferred to the adjacent parcel owners. However, from the southerly side of
Raymond Street north, is the section that our client is making application to be annexed into the City
of Dover.
Raymond Street (a.k.a Jason Street)
Raymond Street is also known as Jason Street on the from The College Settlement Company plan,
dated 1899. This street is actively being used and is surrounded by parcels that have already been
annexed into the City of Dover. Raymond Street’s Right-of-Way is 35 feet and runs from the east side
of Mishoe Road to Railroad Avenue and is the section of Raymond Street that our client is making
application to be annexed into the City of Dover.
Grove Street
Grove Street is found on The College Settlement Company plan, dated 1899, and is a northerly
running road from Raymond Street and parallel with Railroad Avenue. A portion of Grove Street
north of Lot 189 was vacated and has become part of the property to the north, but a portion of
Grove Avenue still remains along Lot 189. This second portion was not abandoned or conveyed to
adjacent parcel owners (DB F 52, PG 73) and remains as a Right-of-Way. This remaining portion of
the Grove Street Right-of-Way is the section that our client is making application to be annexed into
the City of Dover.
2021-09-23
PLAWX19001 34
Página 35
Item 5.
EXHIBIT "A"
AREA TO BE ANNEXED
RAILROAD AVENUE 35'
WIDE ROW
AREA TO BE ANNEXED
GROVE STREET
35' WIDE ROW
AREA TO BE ANNEXED
RAYMOND STREET
35' WIDE ROW
35
Página 36
Item 5.
NORTH
205
TH
R
O
N
204
ROAD TO BE ANNEXED
E STR
35.00 EE T
203 YP)
GROV
200' (T
ENUE
35.00
VICINITY MAP
AD AV
75' (T
RAIL R
189 191 192 193
YP)
194
202 190 195
O
196
N 34°41'03" W
35.48'
200' (TYP)
75' (TYP)
N 45°55'24" E 799.19'
RAYMOND/JASON STREET
RAYMOND/JASON STREET S 45°08'14" E
35.00 35.01'
U:\ACCOUNTS\PLAWX\PLAWX19001 - DSU STUDENT HOUSING\DESIGN\V\PLAWX19001-V-JASON ROAD.DWG
15' S 45°55'24" W 805.62
75' (TYP)
35.00 75' (TYP)
168 169
170
CONWELL STREET
171
172
173 174
200' (TYP) 200' (TYP)
175 176 177 178 179
200'
PLAWX19001
PLOTTED:9/23/2021 4:10:00 ,
PMBY:RHYTHM PATELPLOTSTYLE:PENNONI NCS.STB
, PROJECT STATUS:
----
0 60' 120' ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF PROJECT
THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER
OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE
PLOT OF LAND - BELONGING TO - THE COLLEGE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC DATE 2021-09-22
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO
SETTLEMENT COMPANY PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES
DATED, 1899, PBA PLOT BOOK A, PAGE 85
FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. DRAWING SCALE 1"=60'
COLLEGE ROAD APARTMENTS DRAWN BY RPP
CITY OF DOVER, KENT COUNTY, DELAWARE
APPROVED BY AMD
ROAD ANNEXATION PLAN -
PENNONI ASSOCIATES INC.
Christiana Executive Campus
121 Continental Drive, Suite 207
RAYMOND/JASON ROAD EX A-1
PATEL COLLEGE PROPERTIES
Newark, DE 19713
1640 POWDERHORN DRIVE
T 302.655.4451 F 302.654.2895
NEWTOWN, PENNSYLVANIA 18940
SHEET 1 OF 3
36
Página 37
18072 Davidson Drive
Item 5.
Milton, DE 19968
T: 302-684-8030
F: 302-684-8054
www.pennoni.com
METES AND BOUNDS DESCRIPTION
Raymond Street for Annexation
ALL that certain piece, parcel, and tract of land lying and being situate in the
East Dover Hundred, Kent County, Delaware and being a portion of the right-
of-way for Raymond Street (aka Jason Street), lying between easterly right-
of-way of Mishoe Street and the easterly right-of-way of Railroad Avenue as
recorded on the plan titled “Plot of Land Belonging to The College Settlement
Company”, dated 1899 and recorded on Plot Book A, Page 85, and now being
more particularly bounded and described by Pennoni Associates Inc. as
follows:
BEGINNING at a point on the southerly right-of-way of Raymond (Jason)
Street (35’ wide right-of-way) at its intersection with the easterly right-0f-
way of Railroad Avenue (35’ wide right-of-way), said point also being at the
northwesterly corner of Lot 168 of the aforesaid plan, thence crossing to the
northerly right-of-way of Raymond (Jason) Street along the easterly right-of-
way of Railroad Avenue and along the westerly terminus of Raymond (Jason)
Street; North 34° 41’ 03” West, 35.48’ to a point on the northerly right-of-
way of Raymond (Jason) Street, also being the southwesterly corner for Lot
202, thence along the northerly right-of-way of Raymond (Jason) Street and
along Lot 202, crossing the southerly terminus of Grove Street (35’ wide
right-of-way), and Lots 189-196, inclusive, and an unplatted property; North
45° 55’ 24” East, 799.19’, more or less to a point, being at the intersection of
the extension of the easterly right-of-way line of Mishoe Street (52’ wide
right-of-way), thence crossing to the aforesaid southerly right-of-way of
Raymond (Jason) Street; South 45° 08’ 14” East, 35.01’ to a point on the
southerly right-of-way of Raymond (Jason) Street, thence along the southerly
right-of-way of Raymond (Jason) Street and crossing the northerly terminus
of Mishoe Street and Lots 177-168, inclusive; South 45° 55’ 24” West,
805.62’, more or less, to the point and place of beginning, be the contents
thereof what they may. Containing within this parcel 28,084 square feet or
0.6447 acres of land, more or less.
2021-09-23
PLAWX19001/Description_RaymondStreetAnnexation.docx
JWH/jwh 37
Página 38
'41" W
Item 5.
S 45°54
192
174
NORTH
34.00
833.35'
ROAD TO BE ANNEXED
191
NO
RT
H
RA
IL
AD
(TYP)
200'
173
RO
190
(TYP)
75'
(TYP)
75'
(TYP)
200'
STREET
CONWELL
172
189
35.00
75' (TYP)
VICINITY MAP
A
OND/J
170
200' (T RAYM
SON S
YP)
TREET
169
202
125'
N 55°19'01" E
U:\ACCOUNTS\PLAWX\PLAWX19001 - DSU STUDENT HOUSING\DESIGN\V\PLAWX19001-V-RAIL ROAD.DWG
S 45°55'24" W
35.00' 208 207 35.48'
215 214 213 210 209 206 205
212 211 204 203
168
202
S 34°41'03" E 1084.45'
RAIL ROAD AVENUE
35.00 RAIL ROAD AVENUE
N 34°41'03" W 1090.24'
0 70' 140'
ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF PROJECT PLAWX19001
PLOTTED:9/23/2021 1:44:12 ,
PMBY:RHYTHM PATELPLOTSTYLE:PENNONI NCS.STB
, PROJECT STATUS:
----
THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER
OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE
PLOT OF LAND - BELONGING TO - THE COLLEGE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC DATE 2021-09-22
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO
SETTLEMENT COMPANY PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES
FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. DRAWING SCALE 1"=70'
DATED, 1899, PBA PLOT BOOK A, PAGE 85
COLLEGE ROAD APARTMENTS DRAWN BY RPP
CITY OF DOVER, KENT COUNTY, DELAWARE
APPROVED BY AMD
PENNONI ASSOCIATES INC. ROAD ANNEXATION PLAN - RAIL ROAD
Christiana Executive Campus
121 Continental Drive, Suite 207
EX A-2
PATEL COLLEGE PROPERTIES
Newark, DE 19713
1640 POWDERHORN DRIVE
T 302.655.4451 F 302.654.2895
NEWTOWN, PENNSYLVANIA 18940
SHEET 2 OF 3
38
Página 39
18072 Davidson Drive
Item 5.
Milton, DE 19968
T: 302-684-8030
F: 302-684-8054
www.pennoni.com
METES AND BOUNDS DESCRIPTION
Railroad Avenue for Annexation
ALL that certain piece, parcel, and tract of land lying and being situate in the
East Dover Hundred, Kent County, Delaware and being a portion of the right-
of-way for Railroad Avenue, lying between southerly right-of-way of
Raymond Street (aka Jason Street) and the northerly boundary of the land
recorded on the plan titled “Plot of Land Belonging to The College Settlement
Company”, dated 1899 and recorded on Plot Book A, Page 85, and now being
more particularly bounded and described by Pennoni Associates Inc. as
follows:
BEGINNING at a point on the easterly right-of-way of Railroad Avenue (35’
wide right-of-way) at its intersection with the southerly right-of-way of
Raymond (Jason) Street (35’ wide right-of-way), said point also being at the
northwesterly corner of Lot 168 of the aforesaid plan, thence along an
extension of the southerly right-of-way of Raymond (Jason) Street and
crossing to the westerly right-of-way of Railroad Avenue; South 45° 55’ 24”
West, 35.48’ to a point on the westerly right-of-way of Railroad Avenue, said
point along being on the easterly right-of-way of lands now or formerly of
Delaware Railroad, thence along the westerly right-of-way of Railroad
Avenue and the easterly right-of-way of lands now or formerly of Delaware
Railroad); North 34° 41’ 03” West, 1090.24, more or less to a point, thence
crossing to the easterly right-of-way of Railroad Avenue; North 55° 19’ 01”
East, 35.00’ to a point on the easterly right-of-way of Railroad Avenue, said
point also being the northwesterly corner of Lot 215, thence along the
easterly right-of-way of Railroad Avenue and Lot 215-202, inclusive, and
crossing the westerly terminus of Raymond (Jason) Street; South 34° 41’ 03”
East, 1084.45’, more or less, to the point and place of beginning, be the
contents thereof what they may. Containing within this parcel 38,057 square
feet or 0.8737 acres of land, more or less.
2021-09-23
PLAWX19001/Description_RailroadAvenueAnnexation.docx
JWH/jwh 39
Página 40
N 45°55'24" E Item 5.
35.57'
204
NORTH
O
N
O
R
TH GR
VE
EET
200' RE
ST
GROV
E STR 8'55" E ET
E STREET
S 33°4
N 33°4
203
8'55" W
200'
ROAD TO BE ANNEXED
VICINITY MAP
35.00 PLOT OF LAND - BELONGING TO - THE COLLEGE
SETTLEMENT COMPANY
202 DATED, 1899, PBA PLOT BOOK A, PAGE 85
192
189 190 191
35.57'
N 45°55'24" E
S 45°55'24" W
RAYMOND/JASON STREET 0 40' 80'
ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF
THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER
17
PROJECT PLAWX19001 17
17 OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE
3
2 17 4 5
170 171 WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO
DATE 2021-09-22
34.00
PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES
FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. DRAWING SCALE 1"=40'
COLLEGE ROAD APARTMENTS DRAWN BY RPP
CITY OF DOVER, KENT COUNTY, DELAWARE
APPROVED BY AMD
PENNONI ASSOCIATES INC.ROAD ANNEXATION PLAN - GROVE STREET
Christiana
CONW Executive
ELL STREE Campus
T
121 Continental Drive, Suite 207
EX A-3
PATEL COLLEGE PROPERTIES
Newark, DE 19713 40
1640 POWDERHORN DRIVE
T 302.655.4451 F 302.654.2895
NEWTOWN, PENNSYLVANIA 18940
SHEET 3 OF 3
Página 41
18072 Davidson Drive
Item 5.
Milton, DE 19968
T: 302-684-8030
F: 302-684-8054
www.pennoni.com
METES AND BOUNDS DESCRIPTION
Grove Street for Annexation
ALL that certain piece, parcel, and tract of land lying and being situate in the
East Dover Hundred, Kent County, Delaware and being a portion of the right-
of-way for Grove Street, lying between northerly right-of-way of Raymond
Street (aka Jason Street) and a portion of Grove Street previously abandoned
to adjoining lands, Grove Street as recorded on the plan titled “Plot of Land
Belonging to The College Settlement Company”, dated 1899 and recorded
on Plot Book A, Page 85, and now being more particularly bounded and
described by Pennoni Associates Inc. as follows:
BEGINNING at a point on the westerly right-of-way of Grove Street (35’ wide
right-of-way) at its intersection with the northerly right-of-way of Raymond
(Jason) Street (35’ wide right-of-way), said point also being at the
southeasterly corner Lot 202, 203, and a part of 204; North 33° 48’ 55” West,
201.00’, to a point, thence crossing to the easterly right-of-way of Grove
Street; North 45° 55’ 24” East, 35.57’ to a point on the easterly right-of-way
of Grove Street, said point also being the northwesterly corner of Lot 189,
thence along the easterly right-of-way of Grove Street and the westerly side
of Lot 189; South 33° 48’ 55” East, 200.00’ to a point on the northerly right-
of-way of Raymond (Jason) Street, thence crossing to the westerly right-of-
way of Grove Street along the northerly right-of-way of Raymond (Jason)
Street and along the southerly terminus of Grove Street; South 45° 55’ 24”
35.57’area to the point and place of beginning, be the contents thereof what
they may. Containing within this parcel 7,000 square feet or 0.1607 acres of
land, more or less.
2021-09-23
PLAWX19001/Description_GroveStreetAnnexation.docx
JWH/jwh 41
Página 42
Item 5.
PLAWX19001
2-05-06707-01-0702
PBA PG85
AREA TO BE ANNEXED
RAILROAD AVENUE
35' WIDE ROW
AREA TO BE ANNEXED
GROVE STREET
35' WIDE ROW
AREA TO BE ANNEXED
RAYMOND AVENUE
35' WIDE ROW
42
Página 43
PLAWX19001 Item 5.
2-05-06700-01-1600
DBf52 PG73
ref: u52 pg253
43
Página 48
Item 6.
City of Dover
DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF November 3, 2021
PLANNING COMMISSION MEETING OF November 15, 2021
Plan Title: Lands of First State Business Center, LLC: Two Buildings at 30
Lafferty Lane, C-21-01
Plan Type: Conditional Use Site Plan
Location: South side of Lafferty Lane between Bay Road and Horsepond Road
Tax Map #: ED-05-077.00-01-28.03-000
Owner/Applicant: First State Business Center, LLC
Equitable Owner: Jack Lingo Asset Management, LLC
Site Area: 30 acres +/-
Zoning: M (Manufacturing Zone)
AEOZ (Airport Environs Overlay Zone)
APZ I (Accident Potential Zone I)
Noise Zone A
Proposed Use: Warehouses
Building Area(s): Building A: 132,600 SF
Building B: 163,800 SF
Total: 296,400 SF
Off Street Parking: Required – 371 spaces
Proposed – 599 spaces
Sewer & Water: City of Dover
For Consideration: Performance Standards Review Application
Waiver Request: Partial Elimination of Sidewalk
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service 48
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Item 6.
City of
Dover
CITY OF DOVER Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: November 3, 2021
APPLICATION: Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane
FILE #: C-21-07 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Dawn Melson-Williams, AICP PHONE: 302-736-7196
I. PLAN SUMMARY
This application is for review Conditional Use Site Plan Application to permit the construction of
two (2) Warehouse Buildings with a combined size of 296,400 SF, a trailer parking area, and
associated site improvements. Building A is proposed at 132,600 SF and Building B is proposed
at 163,800 SF. The property is zoned M (Manufacturing Zone) and is subject to the AEOZ
(Airport Environs Overlay Zone): Accident Potential Zone I (APZ I) and Noise Zone A. The
property consists of 30 acres and is located on the south side of Lafferty Lane between Bay Road
and Horsepond Road. The owner of record is First State Business Center, LLC and the equitable
owner is Jack Lingo Asset Management, LLC. Property Address: 30 Lafferty Lane. Tax Parcel
Number: ED-05-077.00-01-28.03-000.
Previous Applications:
This site was previously the subject of applications SB-05-03 Conceptual Subdivision Plan and
Preliminary Subdivision Plan which proposed subdivision of the land totaling thirty (30) acres ±
into thirteen (13) parcels. These Subdivision Plans were reviewed by the Planning Commission
in August 2005 and February 2007. At its meeting of July 16, 2007, the City of Dover Planning
Commission granted a six-month extension to the SB-05-03P Preliminary Subdivision Plan for
Lands of First State Business Center. However, action was not taken to finalize the Subdivision
Plan and it expired in February 2008.
Preliminary Land Use Services Review (PLUS): PLUS Review: #2021-08-04.
A development application for this property was reviewed on August 25, 2021 by the Preliminary
Land Use Services. The PLUS Review is required by a City of Dover Memorandum of
Understanding (MOU) for certain types of projects. This MOU requires that non-residential
development of over 75,000 S.F. complete the PLUS Review process prior to application
submission. The applicant’s response Letter of October 1, 2021 to the PLUS Review Letter has
been received.
II. PROJECT DESCRIPTION
The subject property is located to the south of Lafferty Lane about halfway between Bay Road
and Horsepond Road. The property is currently open agricultural land with some wooded areas
with wetlands and also a drainage ditch that crosses the eastern portion of the property. The Plan
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C-21-07 Lands of First State Business center, LLC: Two Buildings at 30 Lafferty Lane
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proposed construction of two large industrial buildings (Building A and Building B). The
specific use for manufacturing or warehousing has not been identified. The buildings are
surrounded by vehicle parking lots and the central area between the two buildings consists of
rows of loading spaces (15 ft. by 60 ft. spaces) adjacent to the buildings. Additionally, there is a
separate paved parking lot as a trailer parking area in the southeast area of the property.
Neighboring properties along Lafferty Lane are also zoned M (Manufacturing Zone) or IPM
(Industrial Park Manufacturing). The property immediately to the east is developed with four
multi-tenant warehouse type buildings along Cassidy Drive. The property across Lafferty Lane
to the north also remains undeveloped; however, there are two residential parcels zoned R-20
(One Family Residential Zone) with houses. This location is north of Dover Air Force Base.
III. ZONING REVIEW
M (Manufacturing Zone)
The application is a Conditional Use Site Plan for the proposed construction of two large
warehouse-style buildings. Manufacturing, building contractor’s yards, and wholesale storage
and warehousing buildings in the M Zone are Conditional Uses which require approval from the
Planning Commission. See excerpt of Zoning Ordinance, Article 3 Section 19.1.
Article 3 Section 19.1 Manufacturing zone (M)
19.1 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, and conditional upon approval as to use by the planning commission in
accordance with the provisions of article 10, section 1 and in accordance with performance standards
procedure as set forth in article 5, section 8:
19.11 Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing,
handling, or storage of products or materials involving the use of only oil, gas or electricity for fuel.
19.12 Research, design and development laboratories.
19.13 Wholesale storage and warehousing.
19.14 Building contractors' yards.
19.15 Public utilities uses.
19.16 Ministorage facilities, subject to the following regulations:
(a) No unit shall be placed within 30 feet of any other structure on the lot or a residential
property line.
(b) No outside storage, except for recreational vehicles, boats or personal automobiles
when completely screened from view and parked in specifically approved locations.
Parking for these vehicles shall not count toward the required parking set forth in
subsection (e) below.
(c) No individual unit may be used for retail, garage sale or any other commercial
activities.
(d) No storage of flammable, explosive, corrosive or other hazardous products may occur
in the individual unit.
(e) Parking must be provided at a ratio of one space for each 25 rental units, plus a
minimum of three spaces for an office outside of the enclosure. One row of parallel parking
is permitted between buildings at a ratio of one space per 25 feet.
(f) All other bulk requirements of this ordinance are met.
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This Conditional Use Site Plan is subject to the requirements of Article 10 §1 further discussed
below.
With Conditional Use Site Plan applications, the Planning Commission reviews the proposed
project to determine whether or not the intended use is appropriate in type and scale for the
immediate neighborhood. The Commission must also consider whether or not the proposed use
will have an adverse impact on the future orderly development of the surrounding area. The
following sections of the Zoning Ordinance which relates to the role of the Commission in
reviewing Conditional Use Site Plan applications are particularly relevant when reviewing this
application:
Article 10 §1.1 Accessibility for emergency response. That all proposed structures, equipment or
material shall be readily accessible for fire, ambulance, police, and other emergency response;
Article 10 §1.2 Harmony of location, size and character. That the proposed use shall be of such
location, siz, and character that, in general, it will be in harmony with the appropriate and orderly
development of the zone in which it is proposed to be situated and will not be detrimental to the
orderly development of adjacent properties in accordance with the zoning classification of such
properties;
Pending Amendments to the M (Manufacturing Zone)
It is noted that a series of Text Amendments have been proposed to the M (Manufacturing Zone)
including removal of the requirement for Conditional Use approval, revisions the permitted uses,
and revisions to the bulk standards especially related to height. This Proposed Ordinance #2021-
19 was recommended for approval by the Planning Commission on October 18, 2021 and will be
considered for final adoption by the City Council on November 8, 2021. (Application MI-21-10)
AEOZ (Airport Environs Overlay Zone)
The application subject to the AEOZ (Airport Environs Overlay Zone): Noise Zone A and APZ I
(Accident Potential Zone I) whose requirements may be found in the Zoning Ordinance, Article
3 Section 22. Article 3 Section 22.6 provides a Land Use Compatibility Table that specifically
lays out permitted as well as restricted uses within the various Airport Environs Overlay Zones.
The site is partially located within Noise Zone A (65dB-69dB) and partially within Accident
Potential Zone I (APZ I). The location of the property in the APZ I may limit the types of
manufacturing or other activities allowed. The Noise Zone A may require an interior noise level
reduction of twenty-five (25) decibels or more in construction of the building.
The proposed land uses (including any tenants within the buildings) must comply with the
permitted uses of the M (Manufacturing) Zoning District (Article 3 §19) and the Land Use
Compatibility Table of the AEOZ (Article 3 §22.6). The application generally meets the
requirements of the M Zone for the proposed uses. However, as each specific tenant is identified,
the use must be reviewed through a Permit Review process for compliance with the M Zone and
the AEOZ Land Use Compatibility Table.
IV. PARKING SUMMARY
The parking requirement for most uses in the M (Manufacturing Zone) is based on a rate of one
parking space per 800 square feet of floor area or one parking spaces per employee, per largest
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working shift (if greater than the requirement under the floor area calculation). Based on a total
floor area of 296,400 SF the facility would require 371 parking spaces. The plan notes a total of
599 parking spaces. The Plan shows multiple parking lot areas for vehicles surrounding the two
buildings. The Plan identified eight (8) parking spaces with Electric Vehicle charging stations.
Loading Berths
Article 6 Section 4.2 of the Zoning Ordinance states that for manufacturing, wholesale, or
storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any
zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of
the loading berths after reviewing written documentation from the applicant through the Site
Plan review process. With each building proposed here, the length of one side of each building
consists of a series of loading spaces. Each space is 15 feet wide by 60 feet deep. Building A has
56 spaces and Building B has 70 spaces (as counted).
Additionally, the site includes a separate paved parking lot area for Trailer parking consisting of
seventy (70) spaces.
Bicycle Parking
Bicycle parking shall be provided for parking spaces at a rate of one (1) bicycle parking space
for every twenty (20) parking spaces. Based on the 599 parking spaces provided, thirty (30)
bicycle spaces are required. The Plans submitted note Bicycle Parking spaces being provided at
four locations adjacent to the building each consisting of eight (8) parking slots for a total of
thirty-two (32) spaces.
V. SITE CONSIDERATIONS
Access
The property is accessed via off of Lafferty Lane with several points of access. Two of the access
points are directly into vehicle parking areas to serve employees. The third entrance is much
wider to accommodate truck traffic as it aligns with the drive aisle serving the loading space area
between the two Buildings. Since Lafferty Lane is a State maintained road, Entrance Plan
approval for these access points is required from DelDOT.
Planning Staff notes that the adjacent property to the east known as Cassidy Commons includes a
private street known as Cassidy Drive and a proposed street (named Construction Drive). A
portion of Cassidy Drive has been constructed as is privately maintained. Construction Drive,
which runs east-west was to provide cross-access to the adjoining properties such as this one.
This street was initially proposed to facilitate access to any potential future developments on the
sites immediately to the east and west of the subject site and become part of a larger street
network in the general area. Construction Drive has not been built. In the recent review of
Application C-21-01 for the continued buildout of Cassidy Commons, the Planning Commission
required the construction of this street prior to issuance of the permits for Building 7 of the
Cassidy Commons project. Construction Drive was shown labeled as cross-access easement and
as a proposed 60 ft. right-of-way on a Record Plan recorded in April 2012 (KCRD Plat Book 117
page 56). It offers an opportunity for cross-access between properties.
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C-21-07 Lands of First State Business center, LLC: Two Buildings at 30 Lafferty Lane
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Lighting
Lighting of parking areas is required. The plan does not show the location of building mounted or
freestanding light poles in the parking lot areas. The Trailer Parking Lots does shown lighting poles
at the corners of the lot.
Dumpsters
Industrial/warehousing buildings require two (2) dumpster pad for the first 80,000 S.F. of
building area and one (1) for each additional 40,000 S.F. of building area or a fraction thereof.
Based on this calculation, four (4) Dumpsters are required for Building A and five (5) are
required for Building B. The method of private trash collection and Dumpster Pads need to be
identified on the plan. A Dumpster enclosure detail shall be provided on the plan to ensure that
the architectural components of the Dumpster enclosures match the construction materials of the
proposed buildings.
Sidewalks
Waiver Request: Partial Elimination of Sidewalk
Sidewalk is required along all street frontages. Sidewalk/Pathway in the format of a Shared-Use
Path appears to be proposed along Lafferty Lane with one exception. There is a short segment
where no pathway is depicted near the wetlands area at the start of the western property corner.
The Plan has one connecting sidewalk leading into the site from the street frontage pathway. The
complete sidewalk system within the site is unclear, especially around the buildings. The Plan
does include a sidewalk from the Trailer Parking Lot north towards the two main buildings.
There is a short segment of the property’s frontage on Lafferty Lane where the Shared-Use Path
is not shown at the southwest corner of the property. The Applicant has submitted a Waiver
Request seeking relief from construction of the sidewalk (path) in location citing the existing
conditions related to road right-of-way section and nearby wetland areas. As Lafferty Lane is a
State maintained roadway, DelDOT will also review any work in right-of-way or sidewalk
elimination in accordance with their regulations as well. See attached Waiver Request.
Curbing
The parking areas and access drives are required to be curbed with upright curbing (Zoning
Ordinance, Article 6 §3.6). Curbing appears to be provided throughout the site. There are
several small curb cuts related to stormwater management.
VI. BUILDING ARCHITECTURE
The proposed two buildings are to be constructed under this plan as a tilt wall panel system
(masonry) which is then painted. The wall surfaces are divided by horizontal and vertical reveals
(scoring). At the building corners there are aluminum framed entry doors and window systems.
Along the length of the main elevations are multiple other paired sets of entry doors with a metal
canopy. The loading space side of the buildings is not depicted.
VII. TREE PLANTING AND LANDSCAPE PLAN
Tree Planting Requirements
The Zoning Ordinance further requires a tree planting/landscape plan for at a rate of one tree per
3,000 SF of development area. The area of woodland to be retained can be removed from the tree
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planting calculation: this listed as 2.251 acres. Based on the development areas of 27.749 acres
(30 - 2.251 acres), a total of 403 trees are required. The Plan notes 414 trees being provided.
The trees are located throughout the development with concentrations around the parking lot
areas and the wetland and stormwater management facilities, and along certain property
boundaries. The trees include a variety of deciduous, evergreen, and ornamental trees.
Wetland Areas
The Zoning Ordinance, Article 5 §11.22 prescribes provisions related to wetland areas. There are
setback requirements from wetland areas that are over 0.25 acres in size. With Wetland Area A
located on the southwest property boundary, a 100-foot setback is required; however, this can be
reduced to 50 feet with implementation of a Riparian Buffer and 30 feet for bank stabilization
activities. The project site layout reduces the Buffer; and in these areas, the Riparian Buffer is
proposed with new tree and shrub plantings and with preservation of existing trees and
vegetation.
Buffer from Residential Properties
A portion of the property includes a parking area that is across the street from two residences.
The Zoning Ordinance, Article 6 §5.43 requires implementation of screening. The Landscape
Plan proposes the planting of a screening hedge of Stonehedge Yews between the head of the
parking spaces and the shared-use pathway.
VII. PERFORMANCE STANDARDS REVIEW
Uses in the M Zone are subject to the Performance Standards Procedure set forth in the Zoning
Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections.
Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be
used or occupied in any manner so as to cause any one or more of the following conditions to
exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such
premises in such a manner or in such amount as to adversely affect the reasonable use of the
surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration;
smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic
disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or
intersections in the surrounding highway network to fall below acceptable levels of comfort and
convenience; or other substance, condition or element (referred to hereinafter as "dangerous or
objectionable elements"), provided that any use permitted or not expressly prohibited by this
ordinance may be undertaken and maintained if it conforms to the regulations of this section
limiting dangerous and objectionable elements at the point of the determination of their existence.
The project’s compliance with a series of performance standards for the “dangerous and
objectionable elements” had previously considered by the Planning Commission. The “dangerous
and objectionable elements” are as follows:
• Fire and explosion hazards (activities with and storage of)
• Radioactivity or electromagnetic disturbance
• Noise (sound pressure level)
• Vibration
• Smoke
• Odors (Odorous gases or odorous matter)
• Fly ash, dust, fumes, vapors, gases and other forms of air pollution
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C-21-07 Lands of First State Business center, LLC: Two Buildings at 30 Lafferty Lane
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• Glare (from lighting or high temperature processes)
• Liquid or solid wastes
• Traffic congestion (Level of Service E)
The project cannot cause the above conditions to exist so that they adversely affect the
surrounding areas or adjoining properties. The specific limits of each performance standard are
described in the Zoning Ordinance. Where the performance standards conflict with regulations
established by other state or local agencies such as the Delaware Department of Natural
Resources and Environmental Control (DNREC), the more restrictive regulations apply.
As part of this procedure, a Performance Standard Review Application is required to accompany
this Plan submission for review and approval. The Applicant has submitted a Performance
Standard Review Application Letter indicating how the proposed development would restrict the
emission of dangerous and objectionable elements detailed in Article 5, Section 8.5.
VIII. CITY AND STATE CODE REQUIREMENTS:
The subject proposal has been reviewed for code compliance, plan conformity, and completeness
in accordance with the agency’s authority and area of expertise. The following items have been
identified as elements which need to be addressed by the applicant:
1) A Performance Standard Review Application is required to accompany this Plan submission
for review and approval by the Planning Commission. The applicant has submitted a
Performance Standard Review Application Letter to the Planning Office indicating how the
proposed development would restrict the emission of dangerous and objectionable elements
detailed in Zoning Ordinance, Article 5, Section 8.5.
2) With the pending Text Amendment to the M zone and its requirements, additional review for
compliance with the new bulk standards (if adopted) will be necessary for this plan. The
proposed Text Amendment will be considered with Ordinance #2021-19 at the City Council
Meeting of November 8, 2021
3) Since a portion of the required street frontage sidewalk is not shown to be provided as the
Shared-Use Pathway, a Waiver Request to eliminate that segment was submitted for
consideration by the Planning Commission. Please be aware that DelDOT may have separate
requirements regarding this sidewalk/pathway segment.
4) Cover Sheet PL-01:
a) Project Data Column:
i) List AEOZ (APZ I and Noise Zone A).
ii) Clarify intend use of manufacturing.
iii) List size of buildings in square feet.
iv) The parking rate is by building floor area (not building coverage).
5) Existing Conditions, Sheet PL-02:
a) Label widths of setbacks shown.
b) Identify meaning of flag symbol (along drainage ditch) in the line legend.
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6) Site Plan Series (PL-03 though PL-08) and other sheets with similar information:
a) Add dimensions of buildings and clarify if they are only one story by listing building
footprint area and building gross floor area.
b) Check overall tally of parking spaces as only 596 may be shown on plan while the data
column lists 599 proposed parking spaces.
c) Check tally of two parking rows located south of Building B.
d) Clarify the type of Electric Vehicle Changing Station and number of plug-in ports for each
EVSE unit.
e) Check tally labels of loading spaces between the buildings and identify non-parking areas
at ends of rows.
f) Check tally labels of Trailer Parking Lot spaces. The plan appears to show a total of 71
spaces.
g) Identify all traffic control signage and striping internal to the site. Stop conditions may be
necessary at transitions from parking lot pods to circulation drive aisles.
h) Add connection sidewalks from street frontage sidewalk into the site at all site entrance
locations.
i) Clarify building entrances and associated on-site sidewalk network from parking areas to
the building. Clarify the surface of the areas immediately adjacent to the buildings.
j) Identify amenities in the areas labeled as “Employee Seating Areas.”
k) At eastern terminus of shared use path on Lafferty Lane, complete the transition to Cassidy
Drive.
l) Provide location of access (curb depression) for maintenance of the two stormwater
management facilities.
m) Identify the trash collection method and the location of Dumpster pads/enclosures.
7) Utility Plan Series:
a) Check sanitary sewer line connections between Buildings A and B as they appear to
connect to the water line rather than sewer line.
b) Also plan for removal of rainwater from the building roof system. This cannot connect to
sanitary sewer.
8) Clarify intent of Buffer and its width from Wetland Area A.
9) Landscape Plan Sheet Series:
a) Ensure Plan series includes items required by Zoning Ordinance, Article 5 §16.81.
b) Provide tree planting requirement calculation and totals of trees.
c) Add certification note and signature block for Landscape Architect.
d) Ensure tree planting locations do not conflict with fire hydrants and also maintain
separation distances from utilities lines. The current plans show multiple conflicts.
e) Label all trees with planned species. Labels are missing along the drive to the Trailer
Parking Lot and on Sheet PL-19 and PL-20 around the Trailer Parking Lot.
f) Comparison of the tallies of the trees shown on the plan drawings and the listing of
Landscape Plan Schedule could not be fully completed due to missing labels. Ensure tallies
match.
10) Provide design information for crossing of the drainage ditch by drive aisle to the Trailer
Parking Lot and sidewalk.
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11) A Record Plan sheet must be provided to record the additional dedication of right-of-way along
Lafferty Lane and any proposed easements.
12) Provide construction details for the following items but not limited to barrier free sidewalk,
dumpster pad, curbing, traffic control signage, lighting fixtures, handicap signage, bike racks,
etc.
VIII. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET
CODE OBJECTIVES:
In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in
considering and acting upon Conditional Use Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 1.1 to 1.3.
1) Consideration of Performance Standards Review Application: Planning Staff recommends
approval of the Performance Standards Review, believing it sufficiently demonstrates the
intent to comply with the restriction as provide in Zoning Ordinance, Article 5 Section 8.1
and 8.2.
2) Land Use Compliance: Any uses of the site, buildings, and/or individual tenant spaces within
the buildings are subject to compliance with the allowable uses of the M (Manufacturing
Zone) and the AEOZ (Airport Environs Overlay Zone) Land Use Compatibility Table.
Evaluation of each use will occur as part of the Permit process for construction activity or for
establishment of a use and also as part of the Business Licensing program.
3) Connectivity to Construction Drive (Proposed Street): Staff recommends evaluating the
location of the right-of-way for Construction Drive found on the Cassidy Commons property
to the east. The subject site could determine the feasibility of a potential connection to the
proposed street as part of a larger circulation network for this area on the south side of
Lafferty Lane.
4) Electric Vehicle Charging Stations: Planning Staff is encouraged to see that this project is
planning for the installation of Electric Vehicle Charging Stations in its parking lots.
Currently, the Zoning Ordinance does not require them, but many other jurisdictions have
implemented such requirements. Electric Vehicle Charging Stations formats include EV-
Capable, EV-Ready, and EV-Installed.
IX. ADVISORY COMMENTS TO THE APPLICANT:
1) The Planning Commission should act upon the request for waivers as part of any motion
regarding this project application, or as a separate motion as necessary. Note: All waivers are
at the discretion of the Planning Commission. The Commission may approve or deny waiver
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requests.
2) In the event, that major changes and revisions to the Conditional Use Site Plan occur in the
finalization of the Conditional Use Plan contact the Department of Planning and Inspections.
Examples include relocation of site components like paving and increases in floor area.
These changes may require resubmittal for review by the Development Advisory Committee,
Planning Commission, or other agencies and commissions making recommendations in
regard to the Plan.
3) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be
revised to meet all conditions of approval from the Development Advisory Committee or as
otherwise noted. A Check Print must be submitted for review by Planning Office Staff and
the other commenting agencies. Upon determination that the Plan is complete and all agency
approvals have been received, copies of the Plan may be submitted for final endorsement
(Final Plan Approval).
4) Other agencies and departments which participate in the Development Advisory Committee
may provide additional comments related to their areas of expertise and code requirements.
5) For building new construction, the requirements of the building code and the fire code must
be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal
for these requirements. The resolution of these items may impact the site design including
such items as building dimensions and height, building openings, and fire protection needs,
etc.
6) The applicant shall be aware that Conditional Use Plan approval does not represent a
Building Permit and associated construction activity permits. A separate application process
is required for issuance of a Building Permit from the City of Dover. Building Permits will
be required for each building and for each tenant space fit-out/occupancy.
7) In the event that there are changes to the architecture, building footprint, layout or square
footage of the building contact the Planning Office. These changes may require review by the
Planning Commission.
8) The applicant/developer shall be aware that prior to any ground disturbing activities on the
site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and
permits are required.
9) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it
convey permission to place any sign on the premises. Any proposed site or building
identification sign may require a Sign Permit from the City of Dover prior to placement of
any such sign in accordance with Zoning Ordinance Article 5 §4.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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Item 6.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 27, 2021
APPLICATION: Lands of First State Business Center, LLC:
Two Buildings at 30 Lafferty Lane
FILE #: C-21-07
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
1. None.
STREETS
1. None.
SANITATION
1. The proposed site will require private trash collection services. A note to this effect is to be added to the plan.
Dumpster locations are also to be added to the plan.
GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
STORMWATER / STREETS / SANITATION / GENERAL
1. 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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Item 6.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 27, 2021
APPLICATION: Lands of First State Business Center, LLC; Two Buildings at 30
Lafferty Lane
FILE #: C-21-07
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010.
Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance
with the City of Dover Department of Water & Wastewater specifications and requirements.
c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736-
7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must
observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be
performed by a City of Dover approved contractor. The proposed location for the water connection may need to be
adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes
must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible
for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an
appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of
the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to
approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of
Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the
tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at
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Item 6.
Lands of First State Business Center, LLC; Two Buildings at 30 Lafferty Lane
File #: C-21-07
October 27, 2021
Page 2 of 4
the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be
tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve
should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet
(10’) of the building. A blow up detail of this layout is recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department
of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used
for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of
the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall.
A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block.
All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe.
Confirm particulars to meet this requirement with mechanical designer.
7. Due to the fact that the water service is not serving other properties, it will not be categorized as a water main. A public utility
easement will not be applicable for this project. The water infrastructure shall be privately maintained on the property.
8. Each property shall be served by a single water service line which shall be furnished and installed by the property owner. In the
event a property contains multiple principle structures, such as shopping centers or apartment complexes, the property shall be
served by a single water main where a water service line may be provided to each principle structure. Each structure, which is
capable of being offered for sale, shall have its own separate water facilities.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Water & Wastewater specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause
to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage,
uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include
condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water,
surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner
and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the
site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and
invert elevations must be labeled on all sanitary structures.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-
way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame
and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that
velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance
requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be
provided on the plan.
8. Due to the fact that the wastewater service is not serving other properties, it will not be categorized as a wastewater main. A
public utility easement will not be applicable for this project. The wastewater infrastructure shall be privately maintained on
the property.
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Item 6.
Lands of First State Business Center, LLC; Two Buildings at 30 Lafferty Lane
File #: C-21-07
October 27, 2021
Page 3 of 4
9. Each property shall be served by a single sanitary sewer lateral which shall be furnished and installed by the property owner. In
the event a property contains multiple principle structures, such as shopping centers or apartment complexes, the property
shall be served by a single sanitary sewer main where a sanitary sewer lateral may be provided to each principle structure. Each
structure, which is capable of being offered for sale, shall have its own separate wastewater facilities.
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This
must be included as a note on the plan.
2. No trees may be planted within ten feet (10’) of utility infrastructure.
3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures
on the utility plan sheet to confirm compliance.
4. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2018 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and
providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for
review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of
Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water
until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water &
Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site.
4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with
extending and providing service and capacity to the proposed development.
2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources,
Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application
fees, completed forms and plan sets directly to DNREC.
3. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned,
flowable fill may be required.
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Item 6.
Lands of First State Business Center, LLC; Two Buildings at 30 Lafferty Lane
File #: C-21-07
October 27, 2021
Page 4 of 4
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan
set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission
Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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Item 6.
CITY OF DOVER ELECTRIC
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCT 27, 2021
APPLICATION: Lands of First State Business Center, LLC: Two Buildings at
30 Lafferty Lane
FILE #: C-21-07
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE #: 302-736-7072
CONTACT EMAIL: pwaddell@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer
may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the
owner’s expense.
2. Owner is responsible for locating all existing underground facilities to include electric, water and gas.
3. Owner is responsible for site and/or street lighting.
4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
5. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering
work will be furnished by the City’s Electric Engineering Department.
GENERAL
1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader
(.pdf format), if applicable.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook
is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
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Item 6.
Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane
File #: C-21-07
Oct 27, 2021
Page 2 of 2
ADVISORY COMMENTS TO THE APPLICANT
1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates.
Current load sheets can be found at the following link:
https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf.
2. Electric service is currently provided by the City in the area.
3. Payment for new service extension will be required from developer prior to construction.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
65
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C F
C-21-07 I IItem 6.
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 10/27/21 D S
O H
V A
E L
R
APPLICATION: Lands of First State Business Center LLC, Two Buildings at 30 Lafferty Ln
FILE #: C-21-07 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed occupancy classification is storage.
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the
width of the door(s) or for 10 feet, whichever is greater.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 50% and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade
with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units,
transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with
emergency services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building
perimeter shall not be included in the calculation of Percent of Perimeter Access.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5)
5. Fire lanes shall cover 25% of the proposed building.
Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the
primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served
by a fire lane even if this exceeds the percentage as required.
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Item 6.
The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the
closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two
stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5)
6. Where parking is located between the building and the fire lane, parking shall not be located closer
than 15 feet to the exterior wall.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)
7. All Fire Lanes shall be marked as follows:
both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and
face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow
demarcation line shall mark the edge(s) of the fire lane.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware
Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be
suitable for street surfaces
9. Fire lane signs shall be located as follows:
see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot
intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than
eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall
face all oncoming traffic.
Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu
of fire lane signs and shall conform to the specifications of 7.6.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
10. Where overhangs, canopies, balconies, or any other building or site features must project over any
fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be
provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or
any other building features shall not apply towards the fire lane accessibility requirements of Section
4.0, Table 5-1 in this chapter.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)
11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined
by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access such as placement of fire hose from fire equipment.
12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
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Item 6.
Alley
12 feet wide
13. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
14. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
15. Gated Areas: Fire Department access shall be provided to the property through the use of a system or
device approved by the Fire Marshal. The system or device required shall be located in an area
accessible to the fire department and approved by the Fire Marshal. All gates shall be either
automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate. The
owner or their representative shall meet with the Fire Marshal prior to submission to agree on the
system. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their representative
shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of
agreement shall be created and signed by both parties. The letter shall include a detailed description
of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not less
than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be
setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
16. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and
as illustrated by the appropriate figures of this regulation.
All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define
specific areas, where fire hydrants are located along a curb line with permitted parking, the area
between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation
lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the
fire hydrant and extend for a distance 15 feet on both sides.
Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked
vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a
distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards
filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant
demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of
the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be
facing the edge of the street, or traffic lane.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)
The owner is responsible if the hydrant is private.
17. Hydrant barrels shall be provided with reflective material, such as paint, durable for
highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under
the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500
GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM -
painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black.
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Item 6.
(2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4)
The owner is responsible if the hydrant is private.
18. NFPA 72 compliant Fire Alarm System required per occupancy code requirements (please also refer
to large area building requirements listed below).
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy
determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load
of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes
governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be
a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the
assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is
being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a
complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms
and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least
60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be
served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be
met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of
the Code.
(City Code of Ordinances 46-171)
19. Sprinkler system required. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which
are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be
calculated utilizing the gross square footage of the building, structure, marine vessel, premises and
conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval for
a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square
footage of a non-sprinklered building, may not have another such project for the same building submitted
for review and approval any sooner than three (3) years after the date of the final inspection unless
sprinkler projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
In all buildings in excess of 40 feet in height or more than four (4) stories in height.
In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing,
processing, display or sale of combustible goods, wares, merchandise, products, or materials when more
than two (2) stories or 25 feet in height.
In all basement areas exceeding 2,500 square feet floor area.
In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding
two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or
Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment
buildings storage areas except individual unit closets that are located within individual residential living
units.
In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as
adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under
the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler
Systems, NFPA 13, as adopted and/or modified by these Regulations.
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Item 6.
All buildings used as dormitories, in whole or in part, to house students at a public or private
school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such
dormitories regardless if new or existing.
(2015 State of Delaware fire Prevention Regulations, 702, Chapter 4)
Places of assembly shall be sprinklered throughout in accordance with the most recently adopted
edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 150 persons or greater.
Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load
greater than 150 persons.
Any additions or increase in interior size to an existing place of assembly that would create an
occupant load of 150 persons or greater.
Places of assembly where alcohol is served for consumption on the premises shall be sprinklered
throughout in accordance with the most recently adopted edition of NFPA 13 when the following
apply:
All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol
will be served for consumption on the premises.
Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load
greater than 100 persons and where alcohol will be served for consumption on the premises.
Any additions or increase in interior size to an existing place of assembly which would create an
occupant load of 100 persons or greater and where alcohol will be served for consumption on the
premises.
New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in
accordance with the most recently adopted edition of NFPA 13.
(City of Dover Code of Ordinances 46-162)
20. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within
50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed
access as defined by the AHJ.
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that
hose lines can be readily and conveniently attached to without interference from any nearby
obstructions as defined by the fire marshal's office. Fire department connections shall be a five-
inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire
Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department
connections shall be not less than three feet nor more than five feet in height above finished grade.
The fire marshal shall have the authority to require more stringent requirements when deemed
necessary. (City of Dover Code of Ordinances 46-162)
21. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance
measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
22. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would
come off the fire equipment.
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Item 6.
23. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout
and type of rack system 2) a list and quantity of items being stored 3) a letter from an
authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed.
If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire
suppression contractor to ensure that the sprinkler system is adequate for the storage presented.
24. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate
section of this regulation and as illustrated by the appropriate figures of this regulation. All
standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation
lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of
the connection and extend for a distance of four feet (4') on both sides, and where parking is allow
between the building and the street or fire lane the solid yellow demarcation lines shall extend from
the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the
sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum
12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches
(3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly
visible from the fire lane or roadway, and signs using NFPA international symbols shall be an
acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3)
25. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed
in Regulation 701 as well as the following areas or buildings:
In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet
in height or over,
In any building over three (3) stories, In any building over 35 feet in height,
In any building that has a floor above the first floor over 10,000 square feet gross floor area,
In all buildings where the 1st floor exceeds 60,000 gross square feet,
a Class I horizontal standpipe system installed in accordance with the applicable codes and
standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall
be installed in accordance with the applicable codes and standards listed in Regulation 701.
The standpipe system shall be carried up with each floor and shall be installed and ready for use as
each floor progresses.
Standpipes shall not be more than one floor below the highest forms of staging,
The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At
the highest intermediate landing between floor levels in every required exit stairway,
Where intermediate landing is not provided, hose connections shall be permitted to be located at the
main floor landings in exit stairways when approved by the authority having jurisdiction,
Where the local fire department has the capability of providing the required pressure, hydraulically
designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide
the required waterflow rate.
A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2021
Delaware State Fire Prevention Regulations 702, Chapter 4, 2)
26. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
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Item 6.
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at
a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be
of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
27. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
One-family and two-family residential structures, height, the number shall measure a minimum of four inches
in height, location, the number shall be placed on the house above or to the left or right of the front
entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers
shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings with
apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location, numbers
shall be placed either in the center of the building or on the street end of the building so as to be
visible from either the public or private street or from the parking lot, color, numbers shall be
contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the street
end of the building so as to be visible from either the public or private street or from the parking lot,
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)
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Item 6.
28. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard
service shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible.
Should the building design not allow the secured key system to be located by the main entrance,
the fire marshal and fire chief shall come to an agreement as to an alternate location for the key
box. A secured key system, once installed, shall not be obstructed from view or obstructed by
any means that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or
egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms,
electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by
automatic fire detection. Keys to individual residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key box
for new buildings. It shall be the responsibility of the owner or tenant to order the key box for
existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before
the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
29. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading
to and terminating at a public way. NFPA 101
30. All new passenger elevators in a building shall be provided with a car sized to accommodate an
ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where
two or more new passenger elevators are located in a single hoist way and serve all or the same
portion of the building, only one elevator car that provides a car sized to accommodate an ambulance
cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator
cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency
medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall
be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in
a manner acceptable to the local fire department. (2021 Delaware State Fire Prevention Regulations
705, Chapter 1, 15)
31. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State
Communications prior to Final CO. This must be scheduled in advance with Delaware State
Communications.
32. Project to be completed per approved Site Plan.
33. Full building and fire plan review is required.
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Item 6.
34. Separate building permits/plans submission will be required for each building and/or tenant fit out. If
the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans
and permits submissions will be required for each “tenant fit out” at which time a Certificate of
Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the
“shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
35. Construction or renovations cannot be started until building plans are approved.
36. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems
require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is
approved.
37. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This is a large area building as outlined in the Delaware State Fire Prevention Regulations.
Please see those requirements listed below.
2. Please confirm which side of each building will have the main entrance (additional
comments may apply).
3. Need to discuss hydrant placement in relation to FDC’s
4. Ensure landscaping plan does not interfere with perimeter access.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 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
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
4.0 Large Area Buildings.
4.1 Application. The application of this Chapter pertains to any building exceeding
one-hundred thousand (100,000) square feet gross floor area on any one floor. This
Chapter does not apply to Strip Shopping/Office Center with no individual tenant
exceeding 100,000 sq. ft.
4.1.1 If any one individual tenant in a Strip Shopping/Office Center exceeds
100,000 sq. ft. per floor, these requirements shall apply only to those tenants.
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Item 6.
4.2 Horizontal Standpipes.
4.2.1 Horizontal Standpipes shall be required in accordance with Regulation 702,
Chapter 4 of these Regulations
4.3 Emergency Voice/Alarm Communications and Detection System.
4.3.1 Large area buildings shall be equipped with a voice alarm, communication
and detection system which shall be installed in accordance with the applicable codes
and standards listed in Regulation 701 of these Regulations; and approved by the Office
of the State Fire Marshal
4.4 Fire Command Station.
4.4.1 Large area buildings containing Health Care Occupancies, Ambulatory
Health Care and Detention and Correction Occupancies shall contain a fire command
center for fire department operations in a location reviewed by the responsible Fire
Chief and approved by the Office of the State Fire Marshal. The Office of the State Fire
Marshal may require a Fire Command Center for other Large Area Buildings.
4.4.2 The fire command center shall contain the following:
4.4.2.1 Voice alarm and public address panels
4.4.2.2 Fire department communications panel
4.4.2.3 Fire detection and alarm system annunciator panels and smoke
management panels
4.4.2.4 Status indicator for elevator and annunciator indicating which
elevators are operational
4.4.2.5 Status indicators and controls for air handling systems
4.4.2.6 Controls for unlocking all fire exit stairway doors simultaneously
4.4.2.7 Emergency power, light and system controls; and status indicators
4.4.2.8 Telephone and internet access for fire department use
4.4.2.9 Emergency and standby power status indicators
4.4.2.10 Generator supervision devices and manual start and transfer
features
4.4.2.11 Public address system, where specifically required by other
sections of this Code
4.4.2.12 Controls required for smoke control
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Item 6.
4.4.2.13 Important keys to include
4.4.2.13.1 Elevator machine room
4.4.2.13.2 Elevator hoistway door access key
4.4.2.13.3 Side access door elevator car key
4.4.2.13.4 Electric room keys
4.4.2.13.5 Fire pump room keys
4.4.2.13.6 Mechanical room keys
4.4.2.13.7 Any master key
4.4.2.14 As built drawings. Specific types and format of drawings to be
determined by the Office of the State Fire Marshal at time of plan review.
4.4.3 The fire command center shall be separated from the remainder of the
building by one-hour construction and equipped with a heating, ventilating and air
conditioning system that will prevent smoke laden air from entering the space.
4.4.4 It is not the intent of this section to require a room dedicated for this
purpose, but the area provided must be available for immediate use in case of
emergency.
4.4.5 The room shall be a minimum of 96 square feet with a minimum dimension
of 8 feet.
4.4.6 The fire command room door shall be clearly identified for use by the fire
department.
4.5 Smoke Management Systems
4.5.1 Large area buildings shall be equipped with a smoke management system
approved by the Office of the State Fire Marshal, designed in accordance with §4.5.2 or
§4.5.3, and shall be capable of being operated by the fire department.
4.5.2 This smoke control system shall, at a minimum, consist of manually
operated smoke vents installed in accordance with the Standard for Smoke and Heat
Venting, NFPA 204 with the following criteria:
4.5.2.1 One, 100 sq. ft. vent per 25,000 sq. ft. of floor area.
4.5.2.2 Each vent shall be centrally located within the 25,000 sq. ft.
protected area.
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Item 6.
4.5.3 Large Area buildings using mechanical means of smoke management shall
be installed in accordance with NFPA 92A, NFPA 92B and approved by the Office of the
State Fire Marshal. Such system shall provide the following:
4.5.3.1 Egress Stair Tower Pressurization if stairs are more than three (3)
communicating floor levels
4.5.3.2 Area of Refuge Pressurization
4.5.3.3 Horizontal Exit Passageway Pressurization
4.5.3.4 Fire Floor or Fire Area Smoke Exhaust
4.5.3.5 Other Criteria as deemed necessary by the Office of the State Fire
Marshal for Unusual Spaces
4.5.4 Smoke management system operation/actuation shall be approved by the
Office of the State Fire Marshal.
Note: As per NFPA 92A and NFPA 92B, the smoke management system shall be
provided with a graphic annunciator and manual override panel to be located in the fire
command center. The design and operation of the graphic annunciator shall be approved
by the Office of the State Fire Marshal.
4.6 Standby Power, Light, and Emergency Systems.
4.6.1 Large area buildings shall be equipped with standby power, light, smoke
management system and emergency systems which shall comply with the provisions of
the Standard for Emergency and Standby Power Systems, NFPA 110, as adopted
and/or modified by these Regulations.
Exception: If the occupancy is such that “standard” battery operated emergency systems (emergency
lighting, exit signs, fire alarm signaling system backup power, etc.), are deemed to be adequate by the
State Fire Marshal.
13 DE Reg. 629 (11/01/09)
19 DE Reg. 843 (03/01/16)
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Item 6.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: First State Business Center (30 Lafferty Lane)
FILE#: C-21-07 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The developer should schedule a pre-submittal meeting to discuss the development
with DelDOT Subdivisions.
2. It is expected that DelDOT Subdivisions will need to review and approve the
development through Record Plan and Entrance Plan approvals.
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KENT CONSERVATION DISTRICT
Item 6.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
November 2021
APPLICATION: Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane
FILE #: C-21-07
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater
management plan must be reviewed and approved by Kent Conservation District prior to any land
disturbance (i.e. clearing, grubbing, filling, grading, etc.). The review fee and a completed
Application for a Detailed Plan are due at the time of plan submittal to the District’s office.
2. A pre-application meeting is required and can be scheduled by contacting the District’s office.
3. The following notes must appear on the record plan:
• The Kent Conservation District reserves the right to enter private property for purposes of
periodic site inspection.
• The Kent Conservation District reserves the right to add, modify, of delete any erosion or
sediment control measure, as it deems necessary.
• A clear statement of defined maintenance responsibility for stormwater management facilities.
ADVISORY COMMENTS TO THE APPLICANT:
1. A letter of no objection to recordation will be provided upon approval of a Sediment and Stormwater
Management Plan.
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Item 6.
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DAVIS,
BOWEN &
FRIEDEL, INC. ARCHITECTS ENGINEERS SURVEYORS
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DAVIS,
BOWEN &
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96 Item 6.
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Item 7.
City of Dover
DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF November 3, 2021
PLANNING COMMISSION MEETING OF November 15, 2021
Plan Title: ModWash Car Wash at 1414 North DuPont Highway, S-21-10
Plan Type: Site Plan
Location: West side of North DuPont Highway, south of Rustic Lane
Address: 1414 North DuPont Highway, Dover
Tax Parcel: ED-05-057.00-01-17.00-000
Owner: Dover Millex II, LLC
Developer/ Hutton Build (Ray Garganio)
Applicant:
Size: 1.93 acres (83,999 SF)
Zoning: C-4 (Highway Commercial Zone) and is subject to SWPOZ (Source Water
Protection Overlay Zone): Tier 3 – Excellent Recharge Area
Present Use: Vacant (Previous Use: Motor Vehicle Sales)
Proposed Use: Car Wash (Service Establishment)
Building Area: 4,660 S.F.
Off Street Parking: Required – 16 spaces
Proposed – 25 spaces
Sewer & Water: City of Dover
Waiver Requested: Partial Elimination of Upright Curbing
P. O. Box 475 Dover, DE 19903 97
Community Excellence Through Quality Service
Página 98
Item 7.
City of
Dover
CITY OF DOVER Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: November 3, 2021
APPLICATION: Modwash Car Wash at 1414 North DuPont Highway
FILE #: S-21-10 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196
I. PLAN SUMMARY
This application is for review of a Site Plan Application for construction of a 4,660 SF Car Wash
facility and associated site improvements. The property is zoned C-4 (Highway Commercial
Zone) and is subject to SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent
Recharge Area. The property consists of 1.93 acres (83,999 SF) and is located on the west side of
North DuPont Highway, south of Rustic Lane. The owner of record is Dover Millex II, LLC and
the developer is Hutton Build (Ray Garganio). Property Address: 1414 N. DuPont Highway. Tax
Parcel Number: ED-05-057.00-01-17.00-000.
Previous Applications:
The most recent Application was Site Development Plan Application S-07-56 Saturn Dealership
that was reviewed by the Planning Commission at their November 2007 meeting. This
Application did not achieve Final Plan Approval and has since expired.
II. PROJECT DESCRIPTION
The subject property is currently vacant and consists of 1.93 acres and is located on the west side
of North DuPont Highway. The project proposes a one-story 4,660 SF building to be utilized as the
new Car Wash. The site is to be accessed via an access point directly off of the southbound lanes
North DuPont Highway which leads to a drive aisle providing access to the parking areas as well
as the main car washing facilities. Additional site features include eighteen (18) parking spaces,
each with accompanying vacuum cleaning equipment. There are also seven (7) parking spaces
along the north property line, which are noted as being for employee use, and do not have any
associated vehicle service equipment.
Surrounding Land Uses:
To the south and north of the subject site are properties that are similarly zoned C-4 (Highway
Commercial Zone) and a retail center and hotel respectively. To the rear (or west) of the site,
opposite North DuPont Highway, is land zoned IO (Industrial and Office Zone). This property is a
largely undeveloped area of the Delaware State University Campus, being primarily wooded and
otherwise containing the school’s softball field. Immediately across North DuPont Highway to the
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Item 7.
S-21-10 ModWash Car Wash at 1414 N. DuPont Highway
DAC Report of November 3, 2021
Page 2
east are properties zoned IO (Institutional and Office Zone) and utilized by the Delaware State
Police. There is also a property zoned C-4 containing the Subaru Dealership. Behind these
properties is land zoned SC-3 (Shopping Center Zone) and containing the Dover Mall.
III. ZONING REVIEW
C-4 (Highway Commercial Zone)
The C-4 Zoning District in the City of Dover permits the following: retail stores; business,
professional, and government offices; restaurants; personal service establishments; service
establishments; hotels and motels; places of public assembly; bus terminals; wholesale, storage,
warehousing, and distribution establishments; indoor or outdoor recreation and amusement
establishments; hospitals and medical centers; drive-throughs; motor vehicle, boat, or farm
equipment service stations subject to conditions; manufacturing with less than 25 employees; and
mini-storage facilities. Permitted conditionally subject to Conditional Use approval by the
Planning Commission: apartments and multi-family dwellings; crematories subject to conditions.
See City of Dover Zoning Ordinance, Article 3 Section 16 for more details on the C-4 zoning
district. The use of a Car Wash Facility is considered a Service Establishment, which is a
permitted use in the C-4 Zoning District.
SWPOZ (Source Water Protection Overlay Zone)
The site is also subject to the Source Water Protection Overlay Zone (SWPOZ). The purpose of
the SWPOZ is to establish additional standards and requirements for property within the zone
including the prohibition of certain uses and limitations on impervious surfaces, ground cover,
and floor area ratios in order to protect, to maintain, and to minimize contamination of drinking
water supplies held in groundwater aquifers. Tier 3 areas of the SWPOZ are known as Excellent
Recharge Areas. See City of Dover Zoning Ordinance, Article 3 Section 29 for more details on
the SWPOZ.
Within the Source Water Protection Overlay Zone, there are some sources that are listed as
prohibited uses within that area. These prohibited uses can be found in Article 3 Section 29.5 of
the Zoning Ordinance; see code excerpt below. For storage tanks, there are also prohibitions on
underground storage tanks and limitations to above ground storage tanks; see definitions within
Zoning Ordinance.
Article 3 Section 29
29.5 Uses prohibited. The following uses are specifically prohibited throughout the source
water protection overlay zone:
29.51 Uses prohibited:
a) Automobile body/repair shop, motor vehicle, boat or farm equipment service;
b) Gas stations and motor vehicle service stations;
c) Fleet/trucking/bus terminal;
d) Dry cleaner;
e) Electrical/electronic manufacturing facility;
f) Machine shop;
g) Metal plating/finishing/fabricating facility;
h) Chemical processing/storage facility;
i) Wood preserving/treating facility;
j) Junk yard/scrap yard/salvage yard;
k) Mines/gravel pit;
l) Land divisions resulting in high density (> one unit/acre) septic systems;
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Item 7.
S-21-10 ModWash Car Wash at 1414 N. DuPont Highway
DAC Report of November 3, 2021
Page 3
m) Equipment maintenance/fueling areas;
n) Injection wells/dry wells/sumps, except for single-family residences directing
gutter downspouts to a drywell;
o) Underground storage tanks;
p) All uses not permitted in the underlying zone district.
Previous interpretations by the Planning Director have determined that the use of a Car
Wash Facility does not constitute a Motor Vehicle Service. More specifically, the list of
prohibited uses in the SWPOZ does not directly name the term “car wash” as a prohibited use. It
is determined that the intent of the automobile related uses listed as prohibited uses are more
intended for service stations, gas stations, and mechanics shops, not car washes.
IV. PARKING SUMMARY
The parking requirement for a building with the C-4 zone is one parking space per 300 SF of
floor area, or one per every employee, whichever is greater. Based on floor area of 4,660 SF the
facility would require sixteen (16) parking spaces. The plan appears to show a total of twenty-
five (25) parking spaces. This includes eighteen (18) parking spaces with vacuum service
equipment, as well as an additional seven (7) parking spaces for use by employees. A loading
space is not required for this type of use.
Bicycle Parking
Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is
to be served by 25 parking spaces, two bicycle parking spaces are required. Currently, none are
shown on the Plans submitted. The Zoning Ordinance, Article 6 Section 3.10 does allow for the
Applicant to request a Waiver from the requirements to provide bicycle parking from the
Planning Commission; however, the Applicant has communicated to Planning Staff that they
intend to provide the bicycle parking as required. This feature will need to be added to the Plans
in the Final Plan review process in order to obtain Final Plan Approval.
V. SITE CONSIDERATIONS
Access
There is one vehicle access point proposed for the site directly off North DuPont Highway. This
connects to a two-way drive aisle which provides direct access to the employee parking area, as
well as three payment kiosks (for the car wash) to the rear (west) end of the property. These
gates continue then to the single drive-through feature of the main building. Upon exiting the Car
Wash Building, this single drive aisle provides access to a parking lot of eighteen (18) parking
spaces, each with vacuum equipment, and also back to the main two-way drive aisle to exit.
It is unclear if the vacuum parking spaces are intended to only be accessible to guests after
exiting the Car Wash, or if it is possible to access them directly without first having to drive
through the main building. If the latter, then traffic has a point of conflict as customers would
have to drive against traffic exiting the main car wash facility. An additional concern is that the
circulation pattern would seem to force all persons driving a vehicle on site to have to exit by
way of travel through the carwash entry kiosk/gates, including employees (or make a multi-point
turn utilizing the employee parking spaces). After the gates, there is an escape drive aisle prior to
the Car Wash Building that leads back to the main drive aisle. The overall traffic circulation
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DAC Report of November 3, 2021
Page 4
pattern on the Site must be evaluated.
Sidewalks/Pedestrian Circulation
Sidewalks are required along all street frontages. The plan shows existing and proposed new
sidewalks along the street frontage of North DuPont Highway. This includes the existing 5-foot
wide sidewalk along the North DuPont Highway frontage, as well as a 5-foot wide sidewalk
proposed to replace an existing site access point which is to be removed. Doing so will provide a
contiguous sidewalk across the entire North DuPont Highway frontage, including a marked
pedestrian crosswalk of the proposed new vehicle access point. All existing sidewalks must be
evaluated for compliance with City standards (Zoning Ordinance, Article 5 §18). There is no
pedestrian-dedicated access into the site shown in the Plans.
Lighting
Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light
shall not be distracting to traffic on adjacent roads. Light poles are shown in islands of the parking
lot and along parking spaces located to the north of the property.
Dumpsters
There is not a specific Dumpster requirement for this type of use. A Dumpster enclosure of wooden/
composite materials construction is proposed on the northeast corner of the site, just off the main
entrance off North DuPont Highway. There is a Site Plan Details Sheet that notes the Dumpster
enclosure is to be gated and surrounded by a 6-foot wood fence and screening plantings. The
applicants must ensure that the Dumpsters are enough to meet the trash collection and recycling
needs of the site. Planning Staff is concerned of the prominence of this feature as it is located closer
to North DuPont Highway than the building itself, and the enclosure has its access off the main
drive aisle near the site entrance.
The Applicant has indicated their willingness to work with Planning Staff on the location of the
Dumpster. They have additionally provided a picture of a Dumpster enclosure at another ModWash
site to provide details as to the overall appearance of the planned Dumpster enclosure. It will be of
the required height and clad in horizontal paneling in a variety of blue colors, similar to what is
proposed on the façade of parts of the main building.
Curbing
Waiver Request: Reduction in the Upright Curbing Requirement
The upright curbing for the parking lots and drive aisles are subject to the requirements of Article
6 Section 3.6(b) of the Zoning Ordinance. The Applicant has submitted a Waiver Request asking
to reduce the Upright Curbing Requirement for certain interior portions of the parking/drive
aisles from 6 inches to 4 inches. This is noted to help accommodate vehicles navigating the drive
aisles and parking areas. The Waiver Request additionally notes that they are requesting a
reduction of the upright curbing from the required 6 inches to be able to instead provide a
depressed curb. This would be along the rear (west) of the paved area on site only, and this
would be to accommodate sheet flow as part of the overall stormwater management on site. The
Applicant has submitted an additional Plan Exhibit noting these areas subject to the Waiver
Request. The Applicant has noted they will otherwise provide the 6-inch upright curbing where
required on site.
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Item 7.
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DAC Report of November 3, 2021
Page 5
VI. BUILDING ARCHITECTURE
The Plan submission includes Elevation Drawings. Said drawings are black and white so exact
colors is uncertain; however, some materials are noted. The building has its main vehicle access
point opposite North DuPont Highway (West Elevation), with the exit facing North DuPont
Highway (East Elevation).
The two side elevations are not identified, but as one elevation depicts a door, it is assumed that
this elevation faces north towards the parking spaces. This elevation features wood/composite
paneling in a horizontal arrangement, seemingly indicating different types or colors to be
utilized. The opposite (south) façade notes a series of “painted” panels, but again does not appear
to note any specific type of color scheme. It is assumed that the east elevation (facing North
DuPont Highway) is the one featuring flat tower like construction attached to the main building.
This feature is to contain Wall Signs on either side which note the name of the Car Wash, “MOD
Wash.”
VII. TREE PLANTING AND LANDSCAPE PLAN
The submitted plan set includes a concept for the Landscaping Plan. Based on this development
area of 1.93 acres (83,999 SF), twenty-eight (28) trees are required to meet the tree density
requirements. The Applicant has submitted a Landscape Plan with their overall submission
(Sheet LL-1) which identifies the required minimum of 28 trees, providing a variety 6 different
tree types, and a mix of ornamental trees and shrubs. These plantings are largely planted around
the perimeter of the Site, and along the western boundary of the vacuum stations/ parking spaces.
There are additional trees shown spread across the rear of the property.
Staff does note that there is one type of tree planned for the perimeter of the proposed dumpster
enclosure. Namely, seven (7) Techny Arborvitae trees. These trees generally grow to be quite
large, full-bodied trees, and should perhaps be placed at a slightly greater distance from the
proposed dumpster enclosure.
VIII. CITY AND STATE CODE REQUIREMENTS:
The subject proposal has been reviewed for Code compliance, plan conformity, and
completeness in accordance with this agency’s authority and area of expertise. The following
items have been identified as elements which need to be addressed by the applicant:
1) Waiver Request: Partial Elimination of Upright Curbing: Planning Staff has granted approval
of the Applicant’s Request to reduce the curbing on-site form 6-inches to 4-inches along
some interior parking and drive aisle areas, as well as from 6-inches to fully depressed curb
along the rear (west) of the Site. The former is to help facilitate in interior traffic circulation
management, and the latter is to facilitate sheet flow as part of the Site’s overall stormwater
management. The Applicant has shown on their supplemental Site Plan Exhibit submission
with their Upright Curbing Waiver Request that they will otherwise provide 6-inch Upright
Curbing where required on-site.
2) On the Architectural Elevations Sheets, please list the facades using directional terminology,
considering that the “Exit” façade which faces North DuPont Highway is being considered as
the “East” façade. Provide information to identify more specifically what the intended color
scheme is with respect to the various materials planned for the exterior.
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DAC Report of November 3, 2021
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3) Bicycle Parking will need to be provided in accordance with the Zoning Ordinance Article 6,
Section 3.10. As twenty-five (25) vehicle parking spaces are being proposed, this will mean a
minimum of two (2) bicycle parking spaces will be required.
4) Site Plan, Sheet 4:
a. In addition to the required and proposed bulk standards, note any applicable existing bulk
standards, i.e., existing lot coverage.
b. Add the Tree Planting and Landscape Requirements, both as required and proposed. This
should include calculations based on overall Site Area.
c. Note the Tax Parcel ID as ED-05-057.00-01-17.00-000
d. Remove previous unused curbs.
e. Note the location, name, and existing widths of adjacent streets, including ROW and curb
line.
f. Specify the actual building height.
g. Note that the rear yard setback is 10 feet, or equal to building height.
5) Accommodation should be provided to allow pedestrian traffic a dedicated access point onto
the Site. This should be done with a sidewalk connecting from the sidewalk along the North
DuPont Highway frontage to the sidewalk along the north façade of the main building. It is
possible that employees will have to use means other than vehicles to access the site, and
accommodation should be provided accordingly.
6) Clarify the overall traffic circulation on the site. There are concerns about how traffic would
exit were they not to use the actual carwash facility, or otherwise require emergency egress.
Appropriate traffic control, signage and striping must also be shown.
7) Please clarify the construction details of the Dumpster Enclosure.
8) Signs are subject to a separate Sign Permit Review and approval process in the City of
Dover.
9) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval
by the Kent Conservation District must reflect the Site Plan layout and design conditionally
approved by the Planning Commission and be in compliance with the Zoning Ordinance and
technical review requirements of other agencies.
10) The Final Plan set must include notes documenting any action taken by the Planning
Commission on the requested waivers and must list any additional conditions of approval.
IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET
CODE OBJECTIVES:
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in
considering and acting upon Site Development Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
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DAC Report of November 3, 2021
Page 7
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 2.21 to 2.28.
1) Dumpster: There is concern that the Dumpster Enclosure features too prominently on
site, being closer to the North DuPont Highway right-of-way, than the main building
itself. It’s also just off the main site entrance where one would enter the site via car. The
location may also potentially conflict with traffic entering. The Applicant should relocate
the Dumpster further from the right-of-way of North DuPont Highway, while also
ensuring maneuverability for trash collection.
2) On-site circulation: Once the site is accessed via automobile, there appears to only be the
option to drive towards the entry kiosk gates at the rear (west) of the property for the
entrance of the Car Wash Facility. The parking spaces along the drive aisle (noted as
being for employees), also appear to have no option but to exit through the kiosk gates or
to perform a multi-point turn. The Applicant should ensure there is an available route of
vehicle egress from the site that does not impose a physical barrier to doing so.
3) On-site circulation – Vehicle Parking Spaces for Vacuum Service: It is uncertain as to
whether there is meant to be access from the main drive aisle directly to the Vacuum
Service parking spaces without having to first go through the Car Wash. Traffic entering
the vacuum parking spaces would have to drive against the one-way traffic exiting the
Car Wash which is a safety concern. If it is not intended to provide such access off of the
main drive aisle near the main entrance off North DuPont Highway, then please note that
such signage will be provided restricting access on-site.
4) Tree Planting – Vicinity of Dumpster: Staff is somewhat concerned at the spacing of the
seven (7) Techny Arborvitae trees shown around the perimeter of the Dumpster
Enclosure. The trees appear to be quite close to the structure itself. These trees grow to be
quite full-bodied trees. Evaluate tree placement to be slightly set-back from the Dumpster
Enclosure to allow for growth.
5) Equipment Screening: Similar to the screening (enclosure and plantings) identified to
surround the proposed Dumpster Enclosure, consideration should be given to the vacuum
service equipment to the east of the parking area, near the site entrance. There is no
landscaping or other screening indicated to shield this equipment from the right-of-way.
A screening element of landscaping in this area would benefit the overall aesthetics of the
site as viewed from North DuPont Highway.
X. ADVISORY COMMENTS TO THE APPLICANT:
1) The project will be subject to the improvements required by DelDOT as it involves
entrance access from and frontage areas on a State maintained road and as such Entrance
Plan Approval is required. This may require off-site transportation improvements.
2) In the event that major changes and revisions to the Site Plan occur in the finalization of
the Plan, contact the Planning Office. Examples include reorientation of the building,
relocation of site components like stormwater management areas, and increases in floor
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DAC Report of November 3, 2021
Page 8
area count. These changes may require resubmittal for review by the Development
Advisory Committee, Planning Commission, or other agencies and commissions making
recommendations in regards to the plan.
3) In the event that there are changes to the architecture, building footprint, layout or square
footage of the building contact the Planning Office. These changes may require review by
the Planning Commission.
4) Other agencies and departments which participate in the Development Advisory
Committee may provide additional comments related to their areas of expertise and code
requirements.
5) Following Planning Commission approval of the Site Development Plan, the Plan must
be revised to meet all conditions of approval from the Development Advisory Committee
or as otherwise noted. This process involves submission of Check Prints in order to
achieve Final Plan approval.
6) For building new construction, the requirements of the building code and the fire code
must be complied with. Consult with the Chief Building Inspector and City of Dover Fire
Marshal for these requirements. The resolution of these items may impact the site design
including such items as building dimensions and height, building openings, and fire
protection needs, etc.
7) The applicant/developer shall be aware that prior to any ground disturbing activities on
the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections
and permits are required.
8) Construction may have an effect on the adjacent property owners and visitors. Any work
requiring the closing or rerouting of residents or visitors should be coordinated as to offer
the least amount of inconvenience.
9) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor
does it convey permission to place any sign on the premises. Any proposed site or
building identification sign may require a Sign Permit from the City of Dover prior to
placement of any such sign in accordance with Zoning Ordinance Article 5 §4.
10) The applicant shall be aware that Plan approval does not represent a Building Permit and
associated construction activity permits. A separate application process is required for
issuance of a Building Permit from the City of Dover.
11) All businesses operating in the City of Dover are required to obtain a City of Dover
Business Licenses from the Licensing and Permitting Division.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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Item 7.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
ADMINISTRATIVE REVIEW DATE: OCTOBER 27, 2021
APPLICATION: Modwash: Car Wash at 1414 N DuPont
Highway
FILE #: S-21-10
REVIEWING AGENCY: City of Dover Department of Public Works
CONTACT PERSON: Sharon J. Duca, P.E.
CONTACT PHONE #: 302-736-7025
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS
STORMWATER / STREETS / SANITATION
1. None.
STREETS
1. None.
SANITATION
1. The proposed plan will require private trash collection services. A note to this effect is to be added to the plan.
GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
STORMWATER / STREETS / SANITATION / GENERAL
1. 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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Item 7.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 27, 2021
APPLICATION: Modwash: Car Wash at 1414 North DuPont Highway
FILE #: S-21-10
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010.
Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance
with the City of Dover Department of Water & Wastewater specifications and requirements.
c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736-
7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must
observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be
performed by a City of Dover approved contractor. The proposed location for the water connection may need to be
adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes
must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible
for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an
appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of
the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to
approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of
Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the
tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at
the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be
tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve
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Item 7.
Modwash: Car Wash at 1414 North DuPont Highway
File #: S-21-10
October 27, 2021
Page 2 of 3
should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet
(10’) of the building. A blow up detail of this layout is recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department
of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used
for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of
the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall.
A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block.
All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe.
Confirm particulars to meet this requirement with mechanical designer.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Water & Wastewater specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause
to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage,
uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include
condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water,
surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner
and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the
site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and
invert elevations must be labeled on all sanitary structures.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-
way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame
and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that
velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance
requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be
provided on the plan.
8. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the
Department of Water & Wastewater.
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This
must be included as a note on the plan.
2. No trees may be planted within ten feet (10’) of utility infrastructure.
3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures
on the utility plan sheet to confirm compliance.
4. The final site plan must be submitted in the following compatible digital formats:
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Item 7.
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File #: S-21-10
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Page 3 of 3
a. AutoCAD 2018 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and
providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for
review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of
Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water
until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water &
Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site.
4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with
extending and providing service and capacity to the proposed development.
2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources,
Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application
fees, completed forms and plan sets directly to DNREC.
3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project.
4. If rainwater is to be utilized for the car wash operations, a discussion must be held to determine the proper way to bill for the
effluent flow that enters the wastewater system.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned,
flowable fill may be required.
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan
set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission
Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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Item 7.
CITY OF DOVER ELECTRIC
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCT 27, 2021
APPLICATION: Modwash Car Wash at 1414 N. DuPont Highway
FILE #: S-21-10
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE #: 302-736-7072
CONTACT EMAIL #: pwaddell@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all existing underground electric, communications and water facilities.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department.
Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be
at the owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
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Item 7.
Modwash Car Wash at 1414 N. DuPont Highway
File #: S-21-10
October 27, 2021
Page 2 of 2
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook
is now available on the website at the following link:
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates.
Current load sheets can be found at the following link:
https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf.
2. Electric service is currently provided by the City in the area.
3. Payment for new service extension will be required from developer prior to construction.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT
P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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C F
S-21-10
Item 7.
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 10/27/21 D S
O H
V A
E L
R
APPLICATION: Modwash Car Wash at 1414 N DuPont Hwy
FILE #: S-21-10 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed occupancy classification is business.
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times
the width of the door(s) or for 10 feet, whichever is greater.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 30% and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade
with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser
units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere
with emergency services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building
perimeter shall not be included in the calculation of Percent of Perimeter Access.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5)
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Item 7.
5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is
determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain,
climatic conditions, or other factors that could limit access such as placement of fire hose from
fire equipment.
6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article
VII, Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
7. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
8. Gated Areas: Fire Department access shall be provided to the property through the use of a
system or device approved by the Fire Marshal. The system or device required shall be located in
an area accessible to the fire department and approved by the Fire Marshal. All gates shall be
either automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate.
The owner or their representative shall meet with the Fire Marshal prior to submission to agree
on the system. A letter of agreement shall be created and signed by both parties. The letter shall
include a detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their
representative shall meet with the Fire Marshal prior to submission to agree on the means to
open. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not
less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate
shall be setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
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Item 7.
9. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an
occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an
occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with
NFPA codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined
to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50
percent of the assessed value of the building and is capable of receiving an occupant load 75
persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall
be required to install a complete fire alarm system in accordance with NFPA codes governing the
installation of fire alarms and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at
least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area
required to be served by the system using the A-weighted scale dBA. In the event the stated
requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting
the intent of this section of the Code.
(City Code of Ordinances 46-171)
10. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators,
and valves located inside structures shall have impact protection, except when located in
separate protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in
concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48
inches (four ft.) in height above the finish grade elevation. Any deviation of the stated
requirements must be approved by the fire marshal and/or chief building inspector. The above
dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief
building inspector shall have the authority to require more stringent dimensions to fit the needs
of devices warranting impact protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors
shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must
be approved by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
11. 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:
114
Página 115
Item 7.
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
12. TBD A lock box (Knox) containing any and all means necessary for fire department access shall
be provided at the following occupancies: any occupancy that contains a fire alarm signaling
system that is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for
any new or existing building where a fire alarm or sprinkler system is being
installed. It shall be the responsibility of the owner or occupant to keep a set of keys
in the secured key box that are current to the locks of the protected occupancy.
Buildings with 24-hour staffing or guard service shall be exempt from this
subsection.
Location. The secured key system shall be located as close to the main entrance as
possible. Should the building design not allow the secured key system to be located
115
Página 116
Item 7.
by the main entrance, the fire marshal and fire chief shall come to an agreement as to
an alternate location for the key box. A secured key system, once installed, shall not
be obstructed from view or obstructed by any means that would delay the fire
department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of
ingress or egress, whether on the interior or exterior of the building, and keys to
locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler
controls and any area protected by automatic fire detection. Keys to individual
residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order
the key box for new buildings. It shall be the responsibility of the owner or tenant to
order the key box for existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be
conducted before the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
13. All required means of egress shall have an exit discharge consisting of a non-slip surface and
leading to and terminating at a public way. NFPA 101
14. Project to be completed per approved Site Plan.
15. Full building and fire plan review is required.
16. Separate building permits/plans submission will be required for each building and/or tenant fit
out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued.
Separate plans and permits submissions will be required for each “tenant fit out” at which time a
Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for
the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
17. Construction or renovations cannot be started until building plans are approved.
18. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression
systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until
the permit is approved.
19. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
116
Página 117
Item 7.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Confirm that there is 10’ between the building and parking area.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 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
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
117
Página 118
Item 7.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Modwash (1414 N. DuPont Highway)
FILE#: S-21-10 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The developer should schedule a pre-submittal meeting to discuss the development
with DelDOT Subdivisions.
2. It is expected that DelDOT Subdivisions will need to review and approve the
development through Record Plan and Entrance Plan approvals.
118
Página 119
KENT CONSERVATION DISTRICT
Item 7.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
November 2021
APPLICATION: Modwash Car Wash at 1414 N DuPont Highway
FILE #: S-21-10
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater
management plan must be reviewed and approved by Kent Conservation District prior to any land
disturbance (i.e. clearing, grubbing, filling, grading, etc.). The review fee and a completed
Application for a Detailed Plan are due at the time of plan submittal to the District’s office.
2. A pre-application meeting is required and can be scheduled by contacting the District’s office.
3. The following notes must appear on the record plan:
• The Kent Conservation District reserves the right to enter private property for purposes of
periodic site inspection.
• The Kent Conservation District reserves the right to add, modify, of delete any erosion or
sediment control measure, as it deems necessary.
• A clear statement of defined maintenance responsibility for stormwater management facilities.
ADVISORY COMMENTS TO THE APPLICANT:
1. A letter of no objection to recordation will be provided upon approval of a Sediment and Stormwater
Management Plan.
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Página 121
Item 7.
A-201
1
5' x 5' 5' x 5'
8' x 5'
F
1/8" / 1'-0"
SLOPE SLOPE
T 1/8" / 1'-0"
MCC
MDP
1/8" : 12"
SLOPE
2 A-202
A-202 1
3" / 20'-0"
1/8" : 12"
ROOF DRAIN ABOVE. REFER TO
OVERFLOW DRAIN ABOVE SLOPE
(TYP OF 4), REFER TO
PLUMBING FOR PIPING.
PLUMBING FOR PIPING.
INFRASTRUCTURE
2
1111 CAMBRIDGE SQUARE, SUITE C
ALPHARETTA, GEORGIA 30009
A-201
1 OVERALL FLOOR PLAN
A-101 SCALE: 3/16" = 1'-0"
TRUE PHONE: (678) 395-4920
KEYNOTE LEGEND
MARK DESCRIPTION MARK DESCRIPTION MARK DESCRIPTION
1 PAINTED STEEL ROOF ACCESS LADDER, REFER TO SHEET A-307 13 ELECTRICAL PANEL BOARD ATTACHED TO WALL, REFER TO ELECTRICAL DRAWINGS 22 STAFF LOCKERS BY TENANT, SALSBURY INDUSTRIES 65355BL-U, FIVE TIER BOX STYLE, 36"W x 60"H x 15"D
2 ELECTRICAL CT CABINET 14 I.T. CABINET WALL MOUNTED 20" H X 23.5" W X 23.63" D. REFER TO ELECTRICAL DRAWINGS BY TENANT. 23 DANDY 21IN W 4.4 CU FT FREE STANDING COMPACT REFRIGERATOR STAINLESS AND BLACK UNIT. TENANT PURCHASED, TENANT INSTALLED.
3 DASHED LINE REPRESENTS CANOPY OR AWNING ABOVE, REFER TO ELEVATIONS & WALL SECTIONS FOR ADDITIONAL INFORMATION 15 SECURITY CAMERA, SECURED TO WALL (TYP.). G.C. SHALL VERIFY EXACT LOCATION WITH OWNER 24 P-LAM COUNTERTOP
4 WALL TO BE FRAMED WITH 6" METAL STUDS 16 HI-LO WATER FOUNTAIN, REFER TO PLUMBING DRAWINGS. 25 SENTRY SAFE, MODEL SFW123GDC, FIRE & WATER PROOF, DIGITAL KEY PAD W/BACK-UP KEY, 1.23 CUBIC FEET. TENANT PURCHASED, TENANT INSTALLED.
5 RHINO MAT CLEANER 17 REINFORCED CONCRETE SLAB W/ PLASTICIZER (REFER TO STRUCTURAL DRAWINGS), LIGHT BROOM FINISH 26 RECESSED POCKET IN MASONRY WALL TO ACCOMMODATE UTILITY PIPES. SEE STRUCTURAL DRAWINGS AND 2/A-200.
7 CASEWORK SUPPLIED & INSTALLED BY CONTRACTOR. WILSON ART 1595 BLACK (SOLID COLOR LAMINATE STANDARD HPL FINISH 60 MATTE FINISH 18 CONCRETE CONTRACTOR TO PROVIDE SMOOTH TRANSITION FROM LOBBY AT 0'-0" TO TUNNEL FLOOR WITH APPROXIMATE ELEVATION OF -0'-1 1/8", 27 TRANSFORMER ABOVE
8 OVERFLOW AND ROOF DRAIN NOZZLE WITH COVER, JAY R. SMITH MODEL 1775 (OR APPROVED EQUAL) AND CREATE A LANDING WITH MAXIMUM 2% CROSS SLOPE, PER THE REQUIREMENTS OF IBC SECTION 1010.1.5 AND 1010.1.6. THE SLOPE OF THE 28 PROVIDE AND INSTALL 34" FIRE RETARDANT PLYWOOD BACKBOARD FULL HEIGHT OVER 8" STUD WALL, PAINTED GRAY FOR I.T. RACK
9 FLOOR DRAIN, REFER TO PLUMBING DRAWINGS SLAB OUTSIDE THE REQUIRED LANDING SHALL NOT EXCEED A 1:20 SLOPE. 29 PROVIDE SLAB EDGE INSULATION, MINIMUM R-8. SEE 1/A-301 AND 4/ A-306 FOR MORE INFORMATION.
10 BILCO 36" x 30" TYPE SEC SECURITY SERIES ROOF HATCH OR APPROVED EQUAL 19 LEVEL LANDING 30 CONC. SPLASH BLOCK
11 EYE WASH STATION AND MOP SINK COMBO SEE PLUMBING DWGS 20 GAS METER
12 OUTDOOR ARCHITECTURAL LIGHT FIXTURE, REFER TO ELECTRICAL DRAWINGS 21 EXHAUST FAN ON ROOF, REFER TO MECHANICAL DRAWINGS
WALL SCHEDULE
DETAIL MARK DESCRIPTION DETAIL MARK DESCRIPTION DETAIL MARK DESCRIPTION DETAIL MARK DESCRIPTION
SCORED SMOOTH FACED 8" CMU W/ INSULATED AND PARTIALLY EXTERIOR STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED EXTERIOR STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED 3 5/8" MTL. STUD @ 16" O.C. WITH BATT INSULATION.
EXTERIOR GROUTED AND REINFORCED CELLS. AND REINFORCED CELL. AND REINFORCED CELLS, 6" MTL. STUDS@ 6" O.C. RESTROOM
RESTROOM: FRP UP TO 48" A.F.F. GYP BD FROM 48" TO CEILING.
INTERIOR: EXTRUTECH P2400 LINER PANELS OVER 1 1/2" 25 INTERIOR: PAINT (2) COATS (TYP.). INTERIOR: 5/8" GYP. BD. (MOISTURE RESISTANT MEMBRANE @ (1) ONE LAYER OF 5/8" GYP BD ON 5/8" FIRE RETARDANT
A GAUGE METAL HAT CHANNELS, W/ SEALER ON BLOCK SURFACE. B1 EXTERIOR: 3/4 X 5-1/2" (VARYING LENGTHS) SMOOTH C1 8'-0" A.F.F. IN ALL WET AREAS) ATTACHED TO 30 MIL ZEE FURRING J PLYWOOD TO 6" ABOVE CEILING. (MOISTURE RESISTANT @ 8'-0"
EXTERIOR: PAINT (2) COATS. HARDIETRIM BOARDS OVER SMOOTH HARDIEPANEL VERTICAL @ 2'-0" O.C. OVER 2" RIGID INSULATION W/ SEALER ON BLOCK A.F.F. IN ALL WET AREAS).
SIDING OVER 7/8" 20 GAUGE HAT CHANNEL @ 16" O.C. OVER SURFACE. MECHANICAL ROOM: 5/8" FIRE RETARDANT PLYWOOD.
INTERIOR INTERIOR DUPONT TYVEK FLUID APPLIED WEATHER RESISTIVE BARRIER. EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON 1 1/2" EPS BOARD ON ELECTRICAL ROOM
REFER TO ELEVATIONS FOR COLORS AND PATTERN. INTERIOR DUPONT TYVEK FLUID APPLIED WEATHER RESISTIVE BARRIER.
SCORED SMOOTH FACED 8" CMU W/ INSULATED AND PARTIALLY STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED 6" MTL. STUD @ 16" O.C. W/ BATT INSULATION. 6" MTL. STUD @ 16" O.C.
GROUTED AND REINFORCED CELLS. EXTERIOR TUNNEL
EXTERIOR AND REINFORCED CELL. TUNNEL
INTERIOR: (1) ONE LAYER OF 5/8" GYP BD ON LOBBY, OFFICE AND MECHANICAL ROOM: (1) ONE LAYER OF 5/8" FIRE RETARDANT
INTERIOR: PAINT (2) COATS INTERIOR: EXTRUTECH P2400 LINER PANELS OVER 1 1/2" 25 STORAGE ROOMS SIDE. PLYWOOD
A1 EXTERIOR: PAINT (2) COATS. B3 GAUGE METAL HAT CHANNELS, W/ SEALER ON BLOCK SURFACE. F L TUNNEL SIDE: EXTRUTECH P2400 LINER PANELS ON MOISTURE
EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON 1 1/2" EPS BOARD ON TUNNEL SIDE: EXTRUTECH LINER PANELS ON MOISTURE RESISTANT MEMBRANE AND 5/8" FIRE RETARDANT TONGUE AND
DUPONT TYVEK WEATHER RESISTIVE BARRIER. RESISTANT MEMBRANE AND 5/8" FIRE RETARDANT TONGUE AND GROOVE EXPOSURE 1 PLYWOOD.
INTERIOR INTERIOR GROOVE EXPOSURE 1 PLYWOOD. MECHANICAL ROOM
INTERIOR
SCORED SMOOTH FACED 8" CMU W/ INSULATED AND PARTIALLY STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED 3 5/8" MTL. STUD @ 16" O.C. (UNLESS NOTED OTHERWISE) 6" MTL. STUDS @ 16" O.C.
EXTERIOR AND REINFORCED CELL. EXTERIOR
EXTERIOR GROUTED AND REINFORCED CELLS.
INTERIOR
INTERIOR: (1) ONE LAYER OF 5/8" GYP BD ON EACH SIDE: EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON DUPONT TYVEK FLUID
INTERIOR: 5/8" GYP. BD. (MOISTURE RESISTANT MEMBRANE @ INTERIOR: PAINT (2) COATS. (MOISTURE RESISTANT @ 8'-0" A.F.F. IN ALL WET AREAS), APPLIED WEATHER RESISTIVE BARRIER OVER 5/8" EXTERIOR
A2 8'-0" A.F.F. IN ALL WET AREAS) ATTACHED TO 30 MIL ZEE FURRING B4 EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON 1 1/2" EPS BOARD ON G M GRADE SHEATHING (5/8" FIRE RETARDANT EXPOSURE 1
@ 2'-0" O.C. OVER 2" RIGID INSULATION W/ SEALER ON BLOCK DUPONT TYVEK WEATHER RESISTIVE BARRIER. PLYWOOD AT SIGN LOCATIONS)
SURFACE.
EXTERIOR: PAINT (2) COATS. INTERIOR INTERIOR
INTERIOR INTERIOR
STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED EXTERIOR STANDARD 8" CMU W/ INSULATED AND PARTIALLY GROUTED 3 5/8" MTL. STUD @ 16" O.C. WITH BATT INSULATION. 3 5/8" MTL. STUD @ 16" O.C. W/ BATT INSULATION.
EXTERIOR
AND REINFORCED CELL. AND REINFORCED CELLS. AND 6" MTL. STUDS@ 6" O.C. BREAK ROOM INTERIOR
BREAK ROOM: (1) ONE LAYER OF 5/8" GYP BD. (MOISTURE INTERIOR: (1) ONE LAYER OF 5/8" GYPSUM BOARD.
INTERIOR: 5/8" GYP. BD. (MOISTURE RESISTANT MEMBRANE @ INTERIOR: EXTRUTECH P2400 LINER PANELS OVER 1 1/2" 25 RESISTANT @ 8'-0" A.F.F. IN ALL WET AREAS). RESTROOM SIDE: FRP UP TO 48" A.F.F. GYP BD FROM 48" TO
B 8'-0" A.F.F. IN ALL WET AREAS) ATTACHED TO 30 MIL ZEE C GAUGE METAL HAT CHANNELS, W/ SEALER ON BLOCK SURFACE. G1 MECHANICAL ROOM: 5/8" FIRE RETARDANT PLYWOOD. N CEILING. (1) ONE LAYER OF 5/8" GYP BD ON 5/8" FIRE
FURRING @ 2'-0" O.C. OVER 2" RIGID INSULATION W/ SEALER ON EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON 1 1/2" EPS BOARD ON RETARDANT PLYWOOD TO 6" ABOVE CEILING. (MOISTURE
BLOCK SURFACE. DUPONT TYVEK WEATHER RESISTIVE BARRIER. MECHANICAL ROOM RESTROOM RESISTANT @ 8'-0" A.F.F. IN ALL WET AREAS).
INTERIOR EXTERIOR: DRAINAGE E.I.F.S. SYSTEM ON 1 21" EPS BOARD ON
DUPONT TYVEK FLUID APPLIED WEATHER RESISTIVE BARRIER.
INTERIOR
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Página 122
Item 7.
M-3
BEYOND
PROVIDE 5/8" FIRE
RETARDANT EXPOSURE 1
PLYWOOD AT FUTURE SIGN
LOCATIONS
M-3
EF-2
BEYOND
PB-1 EF-1 M-2 M-3 M-2
TYP. EF-2
TYP.
FC-1 FC-1
PB-1 FT-1 P-4 FT-1 P-2 SF-1 P-1
1 LOBBY/VACUUM ELEVATION
SCALE: 3/16" = 1'-0"
A-201
M-3
SIGNAGE BY OTHERS
PROVIDE 5/8" FIRE
RETARDANT EXPOSURE 1
PLYWOOD AT FUTURE SIGN
LOCATIONS
EF-2
BEYOND
M-3
INFRASTRUCTURE 1111 CAMBRIDGE SQUARE, SUITE C
EF-1 PB-1 M-3
ALPHARETTA, GEORGIA 30009
PHONE: (678) 395-4920
P-1 EF-2
EF-2 P-1 EF-2 P-1
2 TUNNEL ELEVATION
SCALE: 3/16" = 1'-0"
A-201
KEYNOTE LEGEND EXTERIOR FINISH SCHEDULE
MARK DESCRIPTION MARK CATEGORY MANUF. DESCRIPTION
1 GAS METER, PAINT TO MATCH WALL FINISH BEHIND
2 ELECTRICAL CT CABINET, PAINT TO MATCH WALL FINISH BEHIND, SEE ELECTRICAL SHEETS
3 OUTDOOR ARCHITECTURAL LIGHT FIXTURE, REFER TO ELECTRICAL DRAWINGS
4 NOT USED EF-1 EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) SENERGY CHANNELED ADHESIVE CI DESIGN, FINE FINISH, COLOR TO MATCH: PPG, 1243-5 "BLUE DART"
(OR EQUAL)
5 RHINO MAT CLEANER
EF-2 EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) SENERGY CHANNELED ADHESIVE CI DESIGN, FINE FINISH, COLOR TO MATCH: PPG 1025-1 "COMMERCIAL WHITE"
6 ROOF DRAIN NOZZLE WITH COVER, JAY R. SMITH MODEL 1775 (OR APPROVED EQUAL)
(OR EQUAL)
7 CONCRETE SPLASHBLOCK
8 HARDIE PANELS CONTINUE BEHIND RHINO MAT CLEANER FC-1 HARDIE BOARD JAMES HARDIE™ HARDIEPANEL VERTICAL SMOOTH SIDING OR APPROVED ALTERNATE, COLOR TO
9 OVERFLOW DRAIN NOZZLE WITH COVER, JAY R. SMITH MODEL 1775 (OR APPROVED EQUAL)
OR APPROVED MATCH: PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
EQUAL
10 EIFS CONTROL JOINT
FT-1 TRIM BOARDS JAMES HARDIE™ HARDIETRIM® BOARDS 3/4 x 5-1/2" SMOOTH x VARYING LENGTHS OR APPROVED
OR APPROVED ALTERNATE, COLOR TO MATCH:
EQUAL
PPG 1244-4 "BOUDOIR BLUE" SEMI-GLOSS FINISH
PPG 1243-5 "BLUE DART" SEMI-GLOSS FINISH
PPG 1243-7 RAINBOW BRIGHT" SEMI-GLOSS FINISH
M-1 METAL PAC-CLAD
M-2 METAL PAC-CLAD AWNING COLOR: TO MATCH P-4 "BLUE DART" SEMI-GLOSS FINISH
M-3 METAL PAC-CLAD METAL COPING, COLOR: "BONE-WHITE"
P-1 PAINT PPG PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
P-2 PAINT "METALIC SILVER" SEMI-GLOSS FINISH
P-4 PAINT PPG PPG 1243-5 "BLUE DART" SEMI-GLOSS FINISH
PB-1 8" SMOOTH FACE SCORED CMU T.B.D. 8" SMOOTH FACE SCORED CMU w/ ARGOS "TYPE-N GRAY" MORTAR, TOOLED JOINTS.
PAINT COLOR PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
SF-1 STOREFRONT YKK ALUMINUM STOREFRONT SYSTEM w/ TEMPERED CLEAR GLAZING, COLOR: CLEAR
ANODIZED ALUMINUM
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Item 7.
3 BUILDING FEATURE DETAIL
SCALE: 3/8" = 1'-0"
A-202
M-3 M-3
BEYOND
EF-2
EF-2
M-3 M-3 EF-2 M-3 M-3 BEYOND
BEYOND BEYOND BEYOND M-3 M-3 M-3
EF-2
BEYOND
INFRASTRUCTURE 1111 CAMBRIDGE SQUARE, SUITE C
EF-2 EF-2
ALPHARETTA, GEORGIA 30009
PROVIDE 5/8" FIRE
RETARDANT EXPOSURE 1
PLYWOOD AT FUTURE SIGN
M-2 M-2 LOCATIONS
EF-2 PHONE: (678) 395-4920
EF-2 EF-2
EF-2
SF-1
P-1 P-1 P-1 PB-1 PB-1 EF-2 P-1
2 EXIT SIDE ELEVATION 1 ENTRY SIDE ELEVATION
SCALE: 3/16" = 1'-0" SCALE: 3/16" = 1'-0"
A-202 A-202
KEYNOTE LEGEND
EXTERIOR FINISH SCHEDULE
MARK CATEGORY MANUF. DESCRIPTION
MARK DESCRIPTION
1 GAS METER, PAINT TO MATCH WALL FINISH BEHIND
2 ELECTRICAL CT CABINET, PAINT TO MATCH WALL FINISH BEHIND, SEE ELECTRICAL SHEETS
3 OUTDOOR ARCHITECTURAL LIGHT FIXTURE, REFER TO ELECTRICAL DRAWINGS EF-1 EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) SENERGY CHANNELED ADHESIVE CI DESIGN, FINE FINISH, COLOR TO MATCH: PPG, 1243-5 "BLUE DART"
4 NOT USED
(OR EQUAL)
5 RHINO MAT CLEANER
EF-2 EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) SENERGY CHANNELED ADHESIVE CI DESIGN, FINE FINISH, COLOR TO MATCH: PPG 1025-1 "COMMERCIAL WHITE"
6 ROOF DRAIN NOZZLE WITH COVER, JAY R. SMITH MODEL 1775 (OR APPROVED EQUAL) (OR EQUAL)
7 CONCRETE SPLASHBLOCK FC-1 HARDIE BOARD JAMES HARDIE™ HARDIEPANEL VERTICAL SMOOTH SIDING OR APPROVED ALTERNATE, COLOR TO
8 HARDIE PANELS CONTINUE BEHIND RHINO MAT CLEANER OR APPROVED MATCH: PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
9
EQUAL
OVERFLOW DRAIN NOZZLE WITH COVER, JAY R. SMITH MODEL 1775 (OR APPROVED EQUAL)
10 EIFS CONTROL JOINT FT-1 TRIM BOARDS JAMES HARDIE™ HARDIETRIM® BOARDS 3/4 x 5-1/2" SMOOTH x VARYING LENGTHS OR APPROVED
11 24" x 24" PLASTIC ACCESS DOOR, ACUDOR PA-3000-24x24 OR APPROVED ALTERNATE, COLOR TO MATCH:
EQUAL
PPG 1244-4 "BOUDOIR BLUE" SEMI-GLOSS FINISH
PPG 1243-5 "BLUE DART" SEMI-GLOSS FINISH
PPG 1243-7 RAINBOW BRIGHT" SEMI-GLOSS FINISH
M-1 METAL PAC-CLAD
M-2 METAL PAC-CLAD AWNING COLOR: TO MATCH P-4 "BLUE DART" SEMI-GLOSS FINISH
M-3 METAL PAC-CLAD METAL COPING, COLOR: "BONE-WHITE"
P-1 PAINT PPG PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
P-2 PAINT "METALIC SILVER" SEMI-GLOSS FINISH
P-4 PAINT PPG PPG 1243-5 "BLUE DART" SEMI-GLOSS FINISH
4 HARDIE BD DETAIL PB-1 8" SMOOTH FACE SCORED CMU T.B.D. 8" SMOOTH FACE SCORED CMU w/ ARGOS "TYPE-N GRAY" MORTAR, TOOLED JOINTS.
PAINT COLOR PPG 1025-1 "COMMERCIAL WHITE" SEMI-GLOSS FINISH
SCALE: 3/4" = 1'-0"
A-202 SF-1 STOREFRONT YKK ALUMINUM STOREFRONT SYSTEM w/ TEMPERED CLEAR GLAZING, COLOR: CLEAR
ANODIZED ALUMINUM
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Item 7.
APPROXIMATELY 800' TO NEAREST
INTERSECTION TO THE NORTHWEST
SITE DEVELOPMENT RU
IC
ST
N
LA
E
SITE LOCATION PLANS D
UP
O
N
TH
IG
HW
AL
M
LV
LB
D
A
Y
(U
.S.
13)
APPROXIMATELY 650' TO NEAREST
INTERSECTION TO THE SOUTHEAST
SITE LOCATION
LOCATION MAP
MODWASH - DOVER VICINITY MAP
SCALE: 1"=1200'
1414 NORTH DUPONT HIGHWAY SCALE: 1"=400'
TAX LOT 17, BLOCK 1
HkB
HkB
CITY OF DOVER, EAST DOVER HUNDRED
KENT COUNTY, DELAWARE 19901
HbA SITE LOCATION
TAX MAP ID# 13822
HbA PREPARED FOR:
WocA HUTTON BUILD
FgcA
736 CHERRY STREET
FgcA
CHATTANOOGA, TN 37402
PREPARED BY:
SOILS MAP ARCHITECTURE
SCALE: 1"=200'
HkB - HAMBROOK-URBAN LAND COMPLEX, 0 TO 5 PERCENT SLOPES
ENGINEERING
ENVIRONMENTAL
WocA - WOODSTOWN LOAM, 0 TO 2 PERCENT SLOPES, MID-ATLANTIC COASTAL PLAIN
LAND SURVEYING
UTILITY INFORMATION
THE CONTRACTOR MUST CONTACT MISS UTILITY OF DELMARVA UNDERGROUND
UTILITY LOCATING SERVICE BEFORE EXCAVATION IN CONTRACT AREA. THE MISS
UTILITY OF DELMARVA NUMBER IS 1-800-282-8555. TICKET NUMBER 212211119.
1100 First Avenue, Suite 104 UTILITIES:
King Of Prussia, Pennsylvania 19406 CITY OF DOVER PUBLIC WORKS CHESAPEAKE UTILITIES
15 LOOCKERMAN PLAZA 32145 BEAVER RUN DRIVE
(610) 337-3630 DOVER, DE 19901 SALISBURY, MD 21804
(302) 736-7025 (410) 834-7330
(610) 337-3642 Fax
CITY OF DOVER ELECTRIC DEPARTMENT COMCAST CABLEVISION
5 EAST REED STREET 1580 N DUPONT HIGHWAY, STE 10
CERTIFICATION OF OWNERSHIP DOVER, DE 19901
(302) 736-7070
DOVER, DE 19901
(800) 266-2278
I _______________ HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY DESCRIBED AND SHOWN ON
THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO ME
BY ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE DEVELOPER/APPLICANT: OWNER:
LAWS AND REGULATIONS
HUTTON BUILD DOVER MILEX II, LLC
736 CHERRY STREET 911 TATNALL STREET
DOVER MILEX II, LLC DATE: CHATTANOOGA, TN 37402 WILMINGTON, DE 19801
CERTIFIED OWNER OF PROPERTY (423) 756-9267
CERTIFICATION OF PLAN ACCURACY DATES
I, JOSE LAZO, HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL ENGINEER WITH A BACKGROUND
IN CIVIL ENGINEERING IN THE STATE OF DELAWARE, THAT THE INFORMATION SHOWN HERON HAS BEEN
ISSUE DATE: SEPTEMBER 29, 2021
PREPARED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF REPRESENTS REVISION:
GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DELAWARE.
JOSE LAZO, P.E.
PROFESSIONAL ENGINEER WITH A BACKGROUND
09/29/2021
DATE: CV-1
IN CIVIL ENGINEER IN THE STATE OF DELAWARE 1 of 17
124
C 2021 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Página 125
Item 7.
Architecture
NORTH DUPONT HIGHWAY Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
REVISIONS Date
No.
Designed BSP
Drawn BSP
Reviewed EFF
Xref (s): ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-01 ; BD2101507-01
Scale 1"=20'
Project No. 2101507
Date 09/29/2021
9/29/2021, SPALMER, G:\JOBS21\14\2101507\DWG\SP2101507-01.DWG.SP-1.
CAD File:
SP2101507-01
Title
SITE
PLAN
Sheet No.
SP-1
4 of 17
125
C 2021 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Página 126
9/29/2021, SPALMER, G:\JOBS21\14\2101507\DWG\LL2101507-01.DWG.LL-1.
C 2021 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
S
PROPOSED BUILDING
GROSS AREA = 4,660 SF
FFE = 39±
NORTH DUPONT HIGHWAY
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-02 ; XC2101507-03 ; XC2101507-04 ; XL2101507-01
REVISIONS
Title Date
CAD File: Scale Drawn No. Date Desc.
1100 First Avenue
Sheet No.
LANDSCAPING Project No. Reviewed Designed
Architecture
LL2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
11 of 17 LL-1 PLAN EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
1"=20' LMW LMW
09/29/2021
EFF
2101507
126 Item 7.
Página 127
Item 8.
City of Dover
DATA SHEET FOR SITE PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF November 3, 2021
PLANNING COMMISSION MEETING OF November 15, 2021
Plan Title: S-21-12 Rail Haus
Plan Type: Site Development Plan and associated Lot Consolidation Plan
Addresses: 92 North West Street; and
Unaddressed parcel on Fulton Street
Location: Adjacent to the east side of the railroad corridor along N. West Street
between Fulton Street and Cecil Street.
Tax Parcels: ED-05-076.08-01-16.00-000
ED-05-076.08-01-44.00-000
Owner: Donny Legans
Property Area: 0.820+/- acres (35,720 SF)
Zoning: C-2A (Limited Central Commercial Zone)
Present Use: Vacant (previous use as industrial)
Proposed Use: Brew Pub (Restaurant)
Existing Building Area: 2,559 SF
Proposed Building Area: 2,890 SF (with additions to existing building)
Off Street Parking: Required – 31 spaces
Proposed – 25 spaces
Impervious Area: Existing – 31.1%
Proposed – 77.9%
Waiver Requests: Partial Elimination of Upright Curbing
Reduction in Parking Requirement
Elimination of Sidewalk for street frontage (Fulton Street)
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 2 C P
I L
T A
Y N
N
CITY OF DOVER O I
F N
DEVELOPMENT ADVISORY COMMITTEE G
D
APPLICATION REVIEW COMMENTARY O
V
D.A.C. MEETING DATE: November 3, 2021 E
R
APPLICATION: Rail Haus Brew Pub at 92 North West Street
FILE #: S-21-12 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196
I. PLAN SUMMARY:
This Site Plan Review of a Site Development Plan and Lot Consolidation Plan Application to
permit the conversion of an existing one-story, 2,890 SF building and outdoor areas to be utilized
as a Restaurant (Eating & Drinking Establishment) with associated site improvements. The
properties consist of a total 0.820+/- acres and are located adjacent to the east side of the railroad
corridor along N. West Street between Fulton Street and Cecil Street. The properties are zoned
C-2A (Limited Central Commercial Zone). The owner of record is Donny Legans. Property
Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-
076.08-01-16.00-000 and ED-05-076.08-01-44.00-000.
Previous Applications:
This Site was previously subject to Comprehensive Plan Amendment Application MI-21-01B,
which sought to change the Land Use designation of these properties from Industrial to Mixed-
Use and was approved by the City Council at their March 8, 2021 meeting. This was followed by
Rezoning Application Z-21-02, which sought to change the zoning of the property from M
(Manufacturing Zone) to C-2A (Central Commercial Zone) so as to allow for the proposed
Restaurant use. The Rezoning was approved by City Council at their March 8, 2021 meeting.
II. PROJECT DESCRIPTION
The properties located at 92 North West Street and one unaddressed parcel on Fulton Street are
subject to a Site Development Plan Application with an associated Lot Consolidation Plan. This
Site Development Plan proposes to utilize the existing 2,559 SF building to serve as a restaurant
and bar. The Plan also proposes adding additional square footage to accommodate a new kitchen
as well as an accessory structure to serve as a bar. The associated Site Improvements include a
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 3
parking lot of twenty-five (25) vehicle parking spaces as well as a variety of on-site outdoor
recreational features. These recreational features include a Bocce Court, Horseshoe/Cornhole
Courts, a Playground, and a mix of outdoor lounge areas.
Surrounding Land Uses:
The parcels immediately surrounding the subject parcel to the south, west, and north all contain a
variety of primarily industrial and commercial uses. The Site is bounded by an unimproved
segment of Fulton Street at its southern boundary. Then, the property across Fulton Street to the
south is zoned M (Manufacturing Zone) and contains a warehouse. The properties across Cecil
Street to the north are also zoned M and contain warehouses, a contractor’s yard, and storage
yards. Adjacent along the western frontage of the western parcel is the Railroad which runs north-
south, almost parallel to N. West Street. Across the railroad to the west is a small property zoned
C-3 (Service Commercial Zone) which includes a building that was recently the subject of
Conditional Use Site Plan Application C-21-05 Destined for Greatness Child Daycare Center. The
remaining land to the west is undeveloped and zoned IPM (Industrial Park and Manufacturing
Zone).
The properties across N. West Street to the east are zoned RG-1 (General Residence Zone) and
contain places of public assembly (two Churches and a Community Center) and with the blocks
to the east as residential uses of mostly one-family dwellings.
III. ZONING REVIEW
Request for C-2A (Limited Central Commercial Zone) Zoning
The proposed use is classified as a Restaurant which is a permitted use in the C-2A Zone.
Additionally, the Zoning Ordinance Article 3 §14.3 permits the outdoor eating area in this Zone
when accessory to the permitted restaurant use. The following description of the C-2A zoning
district is provided from Article 3 §14 of the Zoning Ordinance.
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.
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 4
(j) 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
5, section 8.1.
14.5 Site development plan approval. Site development plan approval in accordance with article
10, section 2 hereof 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
of use.
IV. PARKING SUMMARY
Parking for an eating and drinking establishment is calculated at a rate of one (1) parking space
per four (4) seats plus one (1) for every three (3) bar seats. The Plans submitted note a proposed
“Indoor” seat count of sixty-four (64) and seven (7) Bar Seats. The Plans also note another
thirty-six (36) “Seasonal Outdoor” Seats and another nine (9) “Seasonal Outdoor” Bar Seats. The
Zoning Ordinance does not have any provisions for vehicle parking space requirements based on
their being located out-of-doors or otherwise being noted as “seasonal.” The combined seat
counts of 100 (eating) and 16 (bar) would therefore require thirty-one (31) vehicle parking
spaces.
Waiver Request: Reduction in Parking Requirement
The Applicant has submitted a Written Waiver Request for the Parking Requirements. The
Request notes that “by [their] count, 31 [vehicle parking] spaces would be required,” They
request that the Parking requirement be reduced from 31 Vehicle Parking Spaces to 25 Vehicle
Parking Spaces. They cite the following criteria by which the Request is made, as provided for in
Article 6 §3.9 of the Zoning Ordinance:
Article 6
3.9 Adjustments to parking requirements. The planning commission or city planner, according to the
type of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in
an amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of
the commission, it has been demonstrated that the use is adequately served by transportation and
parking alternatives, including but not limited to:
(a) Site plan proposals within the downtown redevelopment target area, as described in appendix C
of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of off-
street parking normally required, due to the availability of mass transit, municipal parking and
existing pedestrian amenities.
(b) Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, in
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 5
accordance with the following schedule:
(1) Each carpool space shall be equivalent to three standard parking spaces.
(2) Each vanpool space shall be equivalent to five standard parking spaces.
(3) Every group of five bicycle parking spaces shall be equivalent to one standard parking space.
(c) Employer participation in a traffic-mitigation plan approved by the Delaware Department of
Transportation.
(d) Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal
parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary
amount equivalent to the estimated cost of construction for the number of standard surface
parking spaces for which the reduction is sought. To take advantage of this option, the developer
shall submit to the city engineer a cost estimate for the parking requested to be waived. The city
engineer shall examine the estimate for accuracy in current prevailing costs of construction at the
time of proposal and shall report to the planning commission his/her findings.
(e) Proposals involving superior urban design which contribute to an enhanced pedestrian
environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-
way connections with existing sidewalk systems and community facilities, park benches and other
street furniture, mass transit connections and shelters, and landscaping and shade tree plantings.
The Project is located within the Downtown Redevelopment Target Area and thus qualifies for a
20% reduction in the parking requirements. The Applicant has additionally noted that, due to the
proximity to the Senator Bike Way, they plan to provide facilities for thirty-five (35) Bicycle
Parking Spaces, compensating for seven (7) Vehicle Parking Spaces. Finally, they note the
project sites close proximity to Downtown and mass-transit to allow for a further reduction in
vehicle parking spaces.
Bicycle Parking
Bicycle Parking is required at a rate of one (1) space for every twenty (20) vehicle parking
spaces. As the Applicant has noted a proposed twenty-five (25) vehicle parking spaces are
proposed on site, this would require the Applicant to provide two (2) bicycle parking spaces. The
Applicant has noted that they plan to provide accommodation for thirty-five (35) bicycles. The
project site is located immediately adjacent to the existing Senator Bike Lane which can provide
easy bicycle access to the site. The Applicant has additionally noted their intent to provide added
bicycle parking to accommodate the reduced minimum vehicle parking space count as noted in
the Written Vehicle Parking Waiver submission.
Access
The main vehicle access point to the site is at the end of Cecil Street. The right-of-way of Cecil
Street terminates at the eastern boundary of the parcel which extends along the railroad right-of-
way. This access is at the north end of subject parcel and provides direct access to the main drive
aisle, which in turn provides access to all twenty-five (25) vehicle parking spaces.
Pedestrian Access to the site is shown in one Plan as being directly off North West Street into a
patio area designated for the bicycle parking facilities. This area in turn provides access to the
internal walkways and outdoor lounge/ recreation areas which access the main building. The Site
Plan submission does not make clear where the main pedestrian access point onto the site is,
noting instead what is labeled as a main entrance area between two spaces noted as patios on the
Plan. There is no access pedestrian or vehicular, off Fulton Street to the south as this is an
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 6
unimproved section of right-of-way.
V. SITE CONSIDERATIONS
Lighting
There are lights noted on the Site Plan. There appears to be three (3) Light Poles proposed in the
parking area. There does not appear to be any lighting indicated on the exterior of the main
building itself, nor does there appear to be any lighting shown in the outdoor recreation areas.
Lighting must be adequate to safely light all parking and pedestrian areas yet must be shielded
and directed as to not create a nuisance on the adjacent properties.
Dumpsters
Article 5 §6.12 of the Zoning Ordinance notes that for a restaurant use, two (2) dumpsters are
required for the first 3,000 SF and an additional dumpster is required for each additional 3,000
SF of floor area or fraction thereof. If the final gross floor area, including additions is to be under
3,000 SF, then a minimum of two (2) dumpster will be required. Article 5 §6.11 additionally
states that a dumpster enclosure is required to screen the dumpster from view whenever these
units are situated so that they will be visible from any public right-of-way or from an adjacent
property. The Plans submitted include a note stating “Proposed Trash” indicating it is planned
for an area at the front (east) of the main building along the North West Street frontage. This area
is also noted generally as “Patio Seating.”
There are no details provided in the formal Plan Set indicating a dumpster enclosure or its
specific location, only noting instead in the Data Column that “5 interior Dumpsters” are
proposed. There is however a secondary Plan submitted prepared by a different design entity that
shows some site features specific to the main building; it appears to note an area identified as
“Trash” at the northeastern corner of the main parcel. Specific details are not provided on this
plan as to the enclosure and there is some confusion as this area does not appear to be “inside”
but does appear to indicate that this area is enclosed.
Curbing
Waiver Request: Partial Elimination of Upright Curbing
The upright curbing for the parking lots and drive aisles are subject to the requirements of Article
6 Section 3.6(b) of the Zoning Ordinance. The Code allows the City Planner to consider a
Waiver of this upright curbing requirement. The Applicant has submitted a Waiver Request
asking to waive the requirement for Upright Curbing. The Written Waiver Request notes that the
parking area is proposed to be constructed with pervious pavement and utilized in part to
facilitate stormwater management. The Applicant notes concern about the grading at the site
which if required to be implemented, would then require the 6-inch curb and would necessitate
the parking area to be lowered by 6 inches. This would negatively impact the proposed
stormwater management facility.
Sidewalks
There is existing sidewalk along the North West Street frontage which provides direct pedestrian
access to the site. There is additionally a new sidewalk proposed connecting the new vehicle
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 7
parking area at the north and west of the site to the facilities and main building on the site. There
are a variety of materials and paths shown internal to the site with noted materials such as
“crushed granite,” and “paver walk.” These again are shown to be internal to the site and
primarily provide pedestrian circulation to the various recreational on-site site features proposed.
There are at present no sidewalks along either the unimproved Right-of-Way on Fulton Street to
the south, nor along the paved right-of-way on Cecil Street. The Plans submitted do not show
any sidewalk to be proposed along either frontage, instead providing direct pedestrian access to
the Site from the North West Street frontage only.
Waiver Request: Frontage Sidewalk along Fulton Street
As noted, the subject site is immediately adjacent to an unimproved segment of Fulton Street to
the south. As this is a public right-of-way, there is a requirement per the Zoning Ordinance
Article 5 §18.3 to provide a sidewalk along the Fulton Street (south) frontage of the site.
However, as this portion of Fulton Street is unimproved, the Applicant has submitted a Waiver
Request from requirements to provide such a sidewalk, as allowed per Article 5 §18.5 of Zoning
Ordinance. Specifically, the Applicant notes in their Waiver Request that this segment of Right-
of-Way currently contains no vehicle access, nor does it contain any sidewalks. It is additionally
noted that this segment dead-ends at the railroad right-of-way. As such there is no
accommodation, vehicular or pedestrian, to cross the railroad right-of-way.
VI. BUILDING ARCHITECTURE
The submission includes a series of Architectural renderings. These Renderings appear to show
the existing building being renovated to include three (3) large glass garage-like doors facing
North West Street. The Building itself appears to be clad in a dark gray or black vertical
paneling, but this material is not identified. The one-story building is shown topped by an angled
roof which is higher at North West Street and sloped down towards the west. There are two new
additional structures shown which appear to be shipping-containers. There is one such structure
shown perpendicular and attached to the existing Building to the west which plans note as
containing the kitchen space. The additional shipping container is to the southwest corner of the
Site and has been noted as a bar area. Both of these are red but again there is not material
indicated.
VII. TREE PLANTING AND LANDSCAPE PLAN
Based on the Development Area of 0.82 +/- acres (35,720 SF), there is a requirement to provide
twelve (12) trees on site. There are discrepancies among the various data column listings with
regards to the required and provided tree counts.
The Site Plan submitted appears to show twenty (20) trees on site. These are shown primarily
along the southern and eastern boundaries of the parcel containing the main building. These are
additionally provided in a central location of the overall site noted as being a waiting/ lounging
area. The species or specifications of these trees are not however provided so it is unclear if these
are proposed to meet the minimum standards for tree plantings.
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Item 8.
S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
Page 8
There are additionally different materials proposed internal to the Site itself noted as “Grass/
Turf,” a Sand Pit and several Planting Beds along the perimeter of the south and east property
lines. It does not appear that any additional plants are shown in any of these areas outside of the
proposed trees.
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE.
VIII. CITY AND STATE CODE REQUIREMENTS:
1) Waiver Request: Partial Elimination of Upright Curbing
Planning Staff grants approval of the submitted waiver request for the partial elimination of
the required 6-inch upright curbing along the western boundary of the parking area. The
Waiver Request submitted by the Applicant noted their concern with regards to stormwater
management should they otherwise be required to construct the 6-inch curb. The Plans
submitted still show a 6-inch curb being provided along the southern, eastern, and northern
boundaries of the parking area and drive aisle.
2) Waiver Request: Reduction of Parking Requirement
The Applicant has submitted a Waiver Request for the reduction of the parking requirement
from thirty-one (31) spaces to twenty-five (25) spaces for consideration by the Planning
Commission. The parking requirement for a Restaurant is based on a seat count. The
Planning Commission may reduce, in an amount not to exceed 50%, the number of parking
spaces when the Applicant can demonstrate that the Site is adequately served transportation
and parking alternatives.
3) Waiver Request: Frontage Sidewalk along Fulton Street
The Applicant has submitted a Waiver Request for the elimination of the street frontage
sidewalk along the unimproved segment of Fulton Street for consideration by the Planning
Commission. Zoning Ordinance, Article 5 §18.5 outlines circumstances where elimination of
pathways (sidewalks) can be considered.
4) A separate Record Plan sheet must be submitted to show parcel consolidations, all right-of-
way dedications, any easements, or other items affecting the property lines.
5) Clarify property owner, as our records indicate the property owner as Donny Legans,
whereas the Site Plan submission lists property owner as “92 Ventures.”
6) Note that any future signage must comply with the provisions of the Zoning Ordinance
Article 5, Section 4, and are subject to a separate Sign Permit submission and review.
7) Some features appear to only be shown on the much smaller secondary plan submitted with a
design entity noted as “cfTettura Projects, LLC.” Please note these items on the full-size Plan
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Set and clarify any discrepancies between the two Plans.
8) Cover Sheet (C-001), Site Data Column:
a) Note the proposed total seat count for both eating and bar as a separate item.
b) List the entire Tax Parcel ID number for each parcel.
c) Provide the Setbacks/ Bulk Standards as Required, Existing, and Proposed.
d) Clarify the Building Area by noting the existing, proposed additions (including per
structure), and proposed overall.
e) Note the square footage of any existing impervious surface areas proposed to be removed
from the property in its current state.
f) Provide the lot area, proposed impervious lot coverage, and any other applicable Site
Data per existing lot, in addition to as proposed overall.
g) Provide the Location Maps at the required 1”=400’ and 1” = 1,200’
h) Note that there are six (6) sheets listed in the Sheet Index, yet only four (4) provided in
the Plan Set. It would appear that the Sheets labeled as “Grading Plan (C-401)” and
“Landscape Plan (L-101)” have been omitted.
i) The Parking Calculation notes the “C-4 Zone” in its calculations. Correct to note that this
property has been rezoned to C-2A. The Parking Requirements listed are not specific to
any Zoning Type, but rather to the proposed use (Restaurant).
j) The “Plant List” provided notes the quantity of many of the trees proposed as “?.” Please
provide a specific number and ensure it is likewise reflected in the Site Plan. Note also
that the specific Tree Count must be provided. Shrubs and other ornamental plantings do
not count towards the Tree Planting Requirement.
k) Provide the area and dimensions of the “Proposed Canopy” feature off the south end of
the existing building.
9) Site Plan Sheet (C-201)
a) Note the dimensions of the Senator Bike Lanes along the North West Street frontage.
b) Note dimensions of all Surface Areas. This should include width of sidewalks,
dimensions of different areas based on materials/ proposed use (i.e., “Horseshoe/
Cornhole” Court; “Paver Walker” area, “Patio Seating” area, “Sandpit” area, etc.)
c) Note the area in which the existing neighboring building on “Lands of Shermitt Holding
Company LLC” overlaps onto subject site.
d) Note the square footage of the “Accessory Structure” shown to the lower right of the Site
Plan.
e) It is noted that accommodation for parking up to thirty-five (35) bicycles is proposed, yet
the Site Plan simply denotes a non-descript symbol to identify their planned location.
Please provide greater detail as to the Bicycle Parking Facilities.
f) Provide greater detail as to the required dumpster enclosure (exact location, height,
materials, dimensions, etc.).
g) Make clearer the points of ingress and egress on the Site, specifically for pedestrian
traffic.
10) Provide a full-scale copy of the separate Site Plan that appears to be primarily a Floor Plan
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S-21-12 Rail Haus at 92 North West Street
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and notes a Design Studio entitled “cfTettura Projects, LLC” as this Plan appears to provide
details omitted from the larger scale Plan-Set.
11) Show Dumpsters on the Site Plan in the correct location. Please also clarify the discrepancy
between the Dumpster description provided in the Data Column vs. the Dumpster area shown
in the smaller-scale Floor Plan/ Site Plan drawing.
12) Submit a Landscape Plan Sheet as required to demonstrate compliance with the Zoning
Ordinance Article 5 §16.8
13) Clarify the proposed number of trees. Also note if any other landscaping is proposed.
14) Clarify the location of any lighting proposed, particularly on the building itself and in the
outdoor recreation areas.
15) As the Project takes site access at the terminus of Cecil Street, the Applicant must work with
the City of Dover Public Works regarding any traffic/ parking control, signage, and striping
along this segment of Cecil Street.
16) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval
by Kent Conservation District (KCD) must reflect the Site Plan layout and design
conditionally approved by the Planning Commission and be in compliance with the Zoning
Ordinance and technical review requirements of other agencies.
17) The Final Plan set must include notes documenting any action taken by the Planning
Commission and must list any additional conditions of approval.
IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET
CODE OBJECTIVES:
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in
considering and acting upon Site Development Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 2.21 to 2.28.
1. Waiver Request – Reduction in Vehicle Requirement (Vehicle Spaces)
Planning Staff recommends approval of the Applicant’s Request for a reduction in the required
on-site Vehicle Parking, asking to be granted permission to provide twenty-five (25) vehicle
parking spaces, instead of the required thirty-one (31) spaces. Staff agrees with the Applicant in
that the Project Site is located in the Downtown Development Target Area. Additionally, the Site
is near mass transit connections, Dover’s Downtown area, and the Senator Bike Way runs along
the eastern property line on North West Street. There are multiple modes of transportation to
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S-21-12 Rail Haus at 92 North West Street
DAC Report – November 3, 2021
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access the site. Also, with site’s proximity to the Senator Bike Way may indicate an increased
need for bicycle parking. The applicant plans thirty-five (35) bicycle parking spaces. Article 6
Section 3.9 (b)(3) of the Zoning Ordinance allows that every group of five bicycle parking
spaces shall be equivalent to one standard parking space when considering a Request for a
reduction in the vehicle parking requirements.
2. Waiver Request – Partial Elimination of the Upright Curbing
Planning Staff grants approval of the Waiver Request from the Requirement for Upright Curbing
for the area along the western side of the parking lot. As a condition of approval, parking
bumpers are required at the head of each parking space. The Plan should indicate the care
maintenance procedures for the pervious surface of the parking lot. The Applicant has indicated
a plan to accommodate the necessary stormwater management requirements on site by
implementing their stormwater management system largely in the parking area with the use of a
pervious surface. The Applicant noted the issues they would encounter by implementing the
curbing, as it would require the parking area itself to be lowered by 6 inches, negatively
impacting general stormwater management.
3. Waiver Request – Elimination of Sidewalk along the Fulton Street frontage
Planning Staff recommends approval of the Applicant’s submitted Waiver Request from the
requirements to provide sidewalk along the unimproved segment of Fulton Street along the site’s
southern frontage. This segment of Fulton Street currently contains no vehicle access or legal
parking opportunities as it is unimproved. It is additionally noted that this segment dead-ends at
the railroad right-of-way with no designated accommodation, vehicular or pedestrian, to cross
the railroad right-of-way.
X. ADVISORY COMMENTS TO THE APPLICANT:
1) The Dover Code of Ordinances includes provisions related to noise in Chapter 42, Section
42-2 Noise. The Restaurant developer/operator should become familiar with the limitations
related to noise to remain in compliance.
2) In the event, that major changes and revisions to the site plan occur in the finalization of the
Site Plan contact the Department of Planning and Inspections. Examples include
reorientation of building, relocation of site components like stormwater management areas,
and increases in floor area. These changes may require resubmittal for review by the
Development Advisory Committee, Planning Commission, or other agencies and
commissions making recommendations in regard to the plan.
3) It has been noted that an Environmental Impact Study was/ is being carried out on the Site
due to past Industrial Uses. Please provide a copy of said Review to inform relevant bodies
of the status of such a study, and where said study may impact site considerations.
4) Other agencies and departments which participate in the Development Advisory Committee
may provide additional comments related to their areas of expertise and code requirements.
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S-21-12 Rail Haus at 92 North West Street
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5) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet
all conditions of approval from the Development Advisory Committee or as otherwise noted.
A Check Print must be submitted for review by Planning Office Staff. Upon determination
that the Plan is complete and all agency approvals have been received, copies of the Plan
may be submitted for final endorsement.
6) The applicant/developer shall be aware that prior to any ground disturbing activities on the
site the appropriate site inspections and permits are required.
7) Should the construction have an effect on the adjacent property owners and nearby travel
lanes, any work requiring the closing or rerouting of potential customers or visitors to
adjacent properties should be coordinated as to offer the least amount of inconvenience to the
adjacent property owners.
8) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor
does it convey permission to place or revise any sign on the premises. Any proposed or
revised site or building identification sign shall require a Sign Permit from the City of Dover
prior to placement of any such sign.
9) The applicant shall be aware that Site Plan approval does not represent a Building Permit and
associated construction activity permits. A separate application process is required for
issuance of a Building Permit from the City of Dover.
10) All businesses operating in the City of Dover are required to obtain a City of Dover Business
Licenses from the Licensing and Permitting Division. Any Public Occupancy Use is
additionally required to obtain a Public Occupancy Permit from the City of Dover. The
Service of Alcohol requires a License issued by the State of Delaware.
11) Construction may have an effect on the adjacent property owners. Any work requiring the
closing or rerouting of residents or visitors should be coordinated as to offer the least amount
of inconvenience. Any activity on site must also be compliant with any applicable noise
restrictions.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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Item 8.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
ADMINISTRATIVE REVIEW DATE: OCTOBER 27, 2021
APPLICATION: Rail Haus at 92 North West Street
FILE #: S-21-12
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
1. None.
STREETS
1. Clarification is required regarding the “Mill Boundary” provided for on the plan at the end of Cecil Street. All
pavement within the City right-of-way must meet current City standards which does not include leaving a milled
surface.
SANITATION
1. The plan indicates that sanitation services will be provided by the City of Dover. This site can be provided with a
maximum of two, ninety-gallon trash carts on a once-a-week collection schedule. If this is not adequate for the
proposed restaurant, private collection services will be required.
2. The plan indicates “Proposed Trash” on the east side of the building along North West Street. Trash carts cannot be
collected along North West Street due to the bike lane. A collection location must be coordinated with the
Department of Public Works and indicated on the plan. In addition, the cart enclosure should also be provided on
the plan.
GENERAL
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
STORMWATER / STREETS / SANITATION / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
STORMWATER / STREETS / SANITATION / GENERAL
1. 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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Item 8.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCTOBER 27, 2021
APPLICATION: Rail Haus at 92 North West Street
FILE #: S-21-12
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010.
Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance
with the City of Dover Department of Water & Wastewater specifications and requirements.
c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736-
7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must
observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be
performed by a City of Dover approved contractor. The proposed location for the water connection may need to be
adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes
must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible
for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an
appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of
the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to
approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of
Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the
tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at
the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be
tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve
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Rail Haus at 92 North West Street
File #: S-21-12
October 27, 2021
Page 2 of 3
should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet
(10’) of the building. A blow up detail of this layout is recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department
of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used
for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of
the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall.
A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block.
All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe.
Confirm particulars to meet this requirement with mechanical designer.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Water & Wastewater specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause
to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage,
uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include
condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water,
surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner
and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the
site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and
invert elevations must be labeled on all sanitary structures.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-
way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame
and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that
velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance
requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be
provided on the plan.
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This
must be included as a note on the plan.
2. No trees may be planted within ten feet (10’) of utility infrastructure.
3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures
on the utility plan sheet to confirm compliance.
4. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2018 (.dwg format).
b. Adobe Reader (.pdf format).
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Rail Haus at 92 North West Street
File #: S-21-12
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Page 3 of 3
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER / WASTEWATER / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and
providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for
review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of
Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water
until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water &
Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site.
4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with
extending and providing service and capacity to the proposed development.
2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources,
Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application
fees, completed forms and plan sets directly to DNREC.
3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer
crossings must be shown on the profiles.
4. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned,
flowable fill may be required.
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan
set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission
Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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Item 8.
CITY OF DOVER ELECTRIC
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: OCT 27, 2021
APPLICATION: Rail Haus at 92 North West Street
FILE #: S-21-12
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE #: 302-736-7072
CONTACT EMAIL #: pwaddell@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all existing underground electric, communications and water facilities.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department.
Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be
at the owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
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Item 8.
Rail Haus at 92 North West Street
File #: S-21-12
October 27, 2021
Page 2 of 2
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook
is now available on the website at the following link:
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates.
Current load sheets can be found at the following link:
https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf.
2. Electric service is currently provided by the City.
3. Payment for new service extension will be required from developer prior to construction.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT
P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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C F
S-21-12 I IItem 8.
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 10/27/21 D S
O H
V A
E L
R
APPLICATION: Rail Haus at 92 N West St
FILE #: S-21-12 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed occupancy classification is assembly.
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the
width of the door(s) or for 10 feet, whichever is greater.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 50% (25% if sprinklered) and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade
with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units,
transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with
emergency services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building
perimeter shall not be included in the calculation of Percent of Perimeter Access.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5)
5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined
by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access such as placement of fire hose from fire equipment.
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Item 8.
6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
7. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
8. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
9. Gated Areas: Fire Department access shall be provided to the property through the use of a system or
device approved by the Fire Marshal. The system or device required shall be located in an area
accessible to the fire department and approved by the Fire Marshal. All gates shall be either
automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate. The
owner or their representative shall meet with the Fire Marshal prior to submission to agree on the
system. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their representative
shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of
agreement shall be created and signed by both parties. The letter shall include a detailed description
of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not less
than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be
setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
10. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy
determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load
of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes
governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be
a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the
assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is
146
Página 147
Item 8.
being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a
complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms
and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least
60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be
served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be
met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of
the Code.
(City Code of Ordinances 46-171)
11. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which
are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be
calculated utilizing the gross square footage of the building, structure, marine vessel, premises and
conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval for
a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square
footage of a non-sprinklered building, may not have another such project for the same building submitted
for review and approval any sooner than three (3) years after the date of the final inspection unless
sprinkler projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
In all buildings in excess of 40 feet in height or more than four (4) stories in height.
In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing,
processing, display or sale of combustible goods, wares, merchandise, products, or materials when more
than two (2) stories or 25 feet in height.
In all basement areas exceeding 2,500 square feet floor area.
In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding
two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or
Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment
buildings storage areas except individual unit closets that are located within individual residential living
units.
In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as
adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under
the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler
Systems, NFPA 13, as adopted and/or modified by these Regulations.
All buildings used as dormitories, in whole or in part, to house students at a public or private
school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such
dormitories regardless if new or existing.
(2015 State of Delaware fire Prevention Regulations, 702, Chapter 4)
Places of assembly shall be sprinklered throughout in accordance with the most recently adopted
edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 150 persons or greater.
Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load
greater than 150 persons.
Any additions or increase in interior size to an existing place of assembly that would create an
occupant load of 150 persons or greater.
147
Página 148
Item 8.
Places of assembly where alcohol is served for consumption on the premises shall be sprinklered
throughout in accordance with the most recently adopted edition of NFPA 13 when the following
apply:
All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol
will be served for consumption on the premises.
Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load
greater than 100 persons and where alcohol will be served for consumption on the premises.
Any additions or increase in interior size to an existing place of assembly which would create an
occupant load of 100 persons or greater and where alcohol will be served for consumption on the
premises.
New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in
accordance with the most recently adopted edition of NFPA 13.
(City of Dover Code of Ordinances 46-162)
12. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within
50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed
access as defined by the AHJ.
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that
hose lines can be readily and conveniently attached to without interference from any nearby
obstructions as defined by the fire marshal's office. Fire department connections shall be a five-
inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire
Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department
connections shall be not less than three feet nor more than five feet in height above finished grade.
The fire marshal shall have the authority to require more stringent requirements when deemed
necessary. (City of Dover Code of Ordinances 46-162)
13. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance
measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
14. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would
come off the fire equipment.
15. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate
section of this regulation and as illustrated by the appropriate figures of this regulation. All
standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation
lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of
the connection and extend for a distance of four feet (4') on both sides, and where parking is allow
between the building and the street or fire lane the solid yellow demarcation lines shall extend from
the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the
sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum
12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches
(3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly
visible from the fire lane or roadway, and signs using NFPA international symbols shall be an
acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3)
148
Página 149
Item 8.
16. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at
a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be
of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
17. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
One-family and two-family residential structures, height, the number shall measure a minimum of four inches
in height, location, the number shall be placed on the house above or to the left or right of the front
entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers
shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings with
apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location, numbers
shall be placed either in the center of the building or on the street end of the building so as to be
visible from either the public or private street or from the parking lot, color, numbers shall be
contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the street
end of the building so as to be visible from either the public or private street or from the parking lot,
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,
149
Página 150
Item 8.
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)
18. TBD A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard
service shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible.
Should the building design not allow the secured key system to be located by the main entrance,
the fire marshal and fire chief shall come to an agreement as to an alternate location for the key
box. A secured key system, once installed, shall not be obstructed from view or obstructed by
any means that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or
egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms,
electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by
automatic fire detection. Keys to individual residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key box
for new buildings. It shall be the responsibility of the owner or tenant to order the key box for
existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before
the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
19. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading
to and terminating at a public way. NFPA 101
20. Project to be completed per approved Site Plan.
21. Full building and fire plan review is required.
22. Separate building permits/plans submission will be required for each building and/or tenant fit out. If
the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans
and permits submissions will be required for each “tenant fit out” at which time a Certificate of
Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the
“shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
23. Construction or renovations cannot be started until building plans are approved.
150
Página 151
Item 8.
24. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems
require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is
approved.
25. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This is a change in occupancy classification. Plans from an authorized/licensed design
professional are required to be submitted to the Chief Building Inspector showing how code
compliance will be achieved with the new occupancy. This submittal needs to be approved
by the Chief Building Inspector.
2. Confirm what the accessory structure use will be
3. State of DE Public Health approval will be needed
4. State of DE ABC approval will be needed
5. Occupant load will determine certain requirements listed above
6. There appears to be a fence going through the neighboring building.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 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
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
151
Página 152
Item 8.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Rail Haus (92 North West Street)
FILE#: S-21-12 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. Access to this property is from a city maintained road.
152
Página 153
KENT CONSERVATION DISTRICT
Item 8.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
November 2021
APPLICATION: Rail Haus at 92 North West Street
FILE #: S-21-12
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. As the disturbance for this site will exceed 5,000 square feet, a sediment and stormwater management
plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing,
grubbing, filling, grading, etc.) taking place. A standard plan can be submitted if the limit of
disturbance is less than or equal to 1 acre and the curve number for the parcel does not increase by
one.
2. The following notes must appear on the record plan:
• The Kent Conservation District reserves the right to enter private property for purposes of
periodic site inspection.
• The Kent Conservation District reserves the right to add, modify, of delete any erosion or
sediment control measure, as it deems necessary.
• A clear statement of defined maintenance responsibility for stormwater management facilities.
ADVISORY COMMENTS TO THE APPLICANT:
1. There is no requirement to develop a Contaminated Materials Management Plan (CMMP) at this
time, but the District recommends that a CMMP be drafted in the unlikely event contaminated soils
are encountered during construction.
2. The conditions stated in the letter of No Further Action dated September 13, 2011 are to be included
in erosion and sediment control plan notes.
3. A pre-application meeting is required upon plan approval and can be scheduled by contacting the
District’s office.
4. A letter of no objection to recordation will be provided upon approval of a Sediment and Stormwater
Management Plan.
153
Página 154
24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36
24x36 24x36
Item 8.
EX. 12" RCP
24x36 24x36
FIP N N
F.H.
24x36 24x36
NW
ET
BENCH MARK: W.V. LS TRE
ECI
W.V. SET IRON ROD WITH CAP W.V.
EST
C
EET
ELEVATION: 31.76' (NAVD 88)
STR
24x36 24x36
N: 423202.52' (NAD 83 2007 DSP)
EST
EET
N EX. 12" RCP STR
EET
E: 622938.68' (NAD 83 2007 DSP) IL
. NORTH WEST STREET NW
CEC
EET
STR
60' RIGHT-OF-WAY "LOCAL ROAD" EX. ??"S TR ARCH I T E C TURE
24x36
EX. ?"S
TONS
TR EET
TO NS 24x36
FUL
FUL
(FULTON'S ADDITION - PLAT 1-25)
SITE SITE ENG I NE E R I NG
Delaware
24x36 24x36
309 South Governors Avenue
Dover, DE 19904
OT OT OT OT OT OT
302.734.7950
24x36
The Tower at STAR Campus 24x36
FIRC 100 Discovery Boulevard, Suite 102
X X X Newark, DE 19713
X X X X X X X X X X X X FIP
24x36
X X X C-PR-L-TREE-C
K
C-PR-L-TREE-C
V
C-PR-L-TREE-
CV
C-PR-L-TREE-CK
C-PR-L-TREE-
CV
C-PR-L-TREE-
CK
302.369.3700 24x36
X
X
Maryland
60' RIGHT-OF-WAY "LOCAL ROAD"
X KENT COUNTY, DELAWARE KENT COUNTY, DELAWARE 312 West Main Street, Suite 300
24x36 X
C-PR-L-TREE-CV
VICINITY MAP SCALE: 1" = 1000' LOCATION MAP SCALE: 1" = 500'
Salisbury, MD 21801 24x36
X 410.546.9100
EX. ??"S
CECIL STREET
X F.F. ELEV. = 31.85'
C-PR-L-TREE
-CV
North Carolina
24x36
X 3333 Jaeckle Drive, Suite 120 24x36
X EXISTING BUILDING C-PR-L-TREE-
CK
Wilmington, NC 28403
X FOOT PRINT = 2,559 S.F.± 910.341.7600
24x36 X EXISTING BUILDING www.beckermorgan.com 24x36
(FULTON'S ADDITION - PLAT 1-25)
CV
C-PR-L-TREE-
X
LANDS N/F X
TEAL CONSTRUCTION, INC. X LANDS N/F FIP
K
C-PR-L-TREE-C
24x36
T.P. 2-05-06708-01-0900-00001 24x36
DEED REF. 8016-219 SHERMITT HOLDING COMPANY LLC EXISTING BUILDING
X
ZONING - M T.P. 2-05-06708-01-1500-00001
X DEED REF. 8397-73
ZONING - M
24x36 X 24x36
X C-PR-L-TREE-CV
CK
C-PR-L-TREE-
X CK
C-PR-L-TREE-
X C-PR-L-TREE-C
V
24x36 K 24x36
C-PR-L-TREE-C
X
CV
C-PR-L-TREE-
X
24x36 35' X C-PR-L-TREE-
CV
24x36
X C-PR-L-TREE-C
V
CK
C-PR-L-TREE-
X
X
24x36 24x36
FIP
X
X
24x36 X FIRC 24x36
X
X
X
24x36 24x36
X
X
24x36
X
BENCH MARK: 24x36
X SET IRON ROD WITH CAP
ELEVATION: 32.67' (NAVD 88)
TEAL CONSTRUCTION, INC. N: 422923.52' (NAD 83 2007 DSP)
T.P. 2-05-06708-01-0400-00001 X ELECTRICAL EASEMENT
24x36
(SEE DEED 5144-72) E: 622819.75' (NAD 83 2007 DSP) 24x36
DEED REF. E26-447
X
X
24x36 24x36
X X
X
24x36 24x36
PROJECT TITLE
X
25
24'
24x36
X
FIP
FIP
FIRC
SITE DATA RAIL 24x36
24x36
X
1. OWNER / DEVELOPER: DONNY LEGANS
139 AMERICAN AVE.
HAUS 24x36
DOVER, DE 19901
(302) 736-7005
X 18'
92 N WEST STREET
9' 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC.
24x36
309 SOUTH GOVERNORS AVENUE DOVER 24x36
DOVER, DELAWARE 19904
X LANDS N/F
DELAWARE RAILROAD REAL ESTATE AGENT (302) 734-7950
KENT COUNTY, DELAWARE
T.P. 2-05-06708-01-4500-00001
LANDS N/F X 3. PROPERTY MAP NUMBER: ED-05-076.08-01-44.00-00, 16.00-000
DEED REF. E33-64
24x36
TEAL CONSTRUCTION, INC. ZONING - TND 4. ZONING CLASSIFICATION: EXISTING: C-2A / (CITY OF DOVER)
24x36
T.P. 2-05-06708-01-0500-00001
DEED REF. E38-15 X
ZONING - M 5. DEED SUMMARY: DEED BOOK: 10615 PAGE: 60
FCM
24x36
X 6. PRESENT USE: VACANT LOT 24x36
X
X 7. PROPOSED USE: EATING ESTABLISHMENT
FIP 8. TOTAL SITE AREA: 0.82 ACRES ±
24x36 24x36
9. BUILDING AREA: BUILDING AREA (SQFT) AREA (SQFT)
RESTAURANT 2,890 SQFT +/-
TOTALS: 2,890 SQFT +/- SHEET TITLE
24x36
10. IMPERVIOUS COVERAGE: EXISTING: 0.82 ACRES (31.1%) 24x36
11. SETBACKS:
PROPOSED:
C-2A
0.82 ACRES (77.9%)
INDEX PLAN
24x36
FRONT:
SIDE:
15 FT.
NONE REQUIRED BUT 5 FT. MIN IF PROVIDED . 24x36
REAR: 20 FT. ABOVE GROUND FLOOR. 5 FT. AT GROUND FLOOR.
LOT WIDTH:
LOT DEPTH:
NONE
100 FT.
.
24x36
12. PARKING CALCULATION: C-2A ZONE:
RESTAURANT: 1 SPACE / 4 SEATS
. 24x36
REQUIRED: 1 / 4 SEAT + 1 / 3 BAR
PROVIDED: 64 SEATS INDOOR / 4 = 16 SPACES
24x36
7 BAR SEATS INDOOR / 3 = 3 SPACES 24x36
36 SEATS SEASONAL OUTDOOR / 4 = 9 SPACES
PLANT LIST 9 BAR SEATS SEASONAL OUTDOOR / 3 = 3 SPACES
REQUIRED: 31 SPACES
24x36
KEY QUANTITY BOTANICAL NAME COMMON NAME SIZE ROOT REMARKS PROVIDED: 25 SPACES (2 HANDICAP SPACES) 24x36
CK 9 CLADRASTIS KENTUKEA AMERICAN YELLOWWOOD 2-2 1/2" CAL. B&B 13. BICYCLE PARKING: REQUIRED: 1 BICYCLE SPACE PER 20 PARKING SPACES - 2 SPACES
PROVIDED: 35 SPACES 0 10 20 40
CV 11 CHIONANTHUS VIRGINICUS WHITE FRINGE TREE 5-6' B&B
14. TREE PLANTING CALCULATION: C-2A ZONE: REQUIRED: 1 / 3,000 S.F. ; 35720 / 3,000 = 12 TREES
24x36
PROPOSED: 25 TREES 24x36
TOTAL: 20 Do Not Explode - Select Scale
15. RESTAURANT: TWO REQUIRED FOR THE FIRST 3,000 SQFT, ONE FOR EACH
ADDITIONAL 3,000 S.F. SCALE: 1" = 20'
REQUIRED: 2,920 S.F. - 3,000 S.F.
24x36
GENERAL NOTES: OWNERS CERTIFICATION NOTES-GENERAL-BLK
REQUIRED: 1 DUMPSTERS
24x36
PROPOSED: 5 INTERIOR RECEPTCLES ISSUE BLOCK
1. BOUNDARY AND TOPOGRAPHIC SURVEY DATA SHOWN HEREON WAS PREPARED BY BECKER 9. PART II, CHAPTER 180, ARTICLE III, SECTION 180-10 OF THE CODE OF KENT COUNTY REQUIRES THAT I, DONNY LEGANS HEREBY CERTIFY THAT WE ARE THE OWNER OF THE PROPERTY DESCRIBED AND SHOWN ON
MORGAN GROUP, DOVER, DE., IN APRIL 2020. VERTICAL DATUM IS BASED ON NAVD 88. HORIZONTAL "NO PERSON SHALL DISCHARGE OR CAUSE TO BE DISCHARGED ANY STORMWATER, SURFACE THIS PLAN, AND THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO ME BY
24x36
DATUM IS BASED ON DELAWARE STATE PLANE NAD 83 (2011). WATER, UNCONTAMINATED NON-CONTACT COOLING WATER OR UNPOLLUTED INDUSTRIAL PROCESS ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE LAWS AND 16. SIGNAGE: FUTURE AND SEPARATE PERMIT SUBMISSION 24x36
2. THE BOUNDARY LINES PORTRAYED HEREON HAVE BEEN ESTABLISHED BASED SOLELY ON PHYSICAL WATERS TO ANY SANITARY SEWER", THIS SHALL INCLUDE CONDENSATE. SEC. 110-231 OF THE CITY REGULATIONS. 17. WOODLANDS: EXISTING WOODLANDS = 0.00 ACRES±
EVIDENCE DISCOVERED IN THE FIELD IN CONJUNCTION WITH DETERMINATIONS DERIVED FROM OF DOVER CODE DEFINES STORM SEWER AS "ANY SYSTEM USED FOR CONVERTING RAIN WATER,
18. BUILDING HEIGHT: PERMITTED: 75' OR SIX STORIES
SOURCE OF TITLE AND ADJACENT DEED RECORD INFORMATION. SURFACE WATER, CONDENSATE, COOLING WATER OR SIMILAR LIQUID WASTES, EXCLUSIVE OF
PROPOSED: +/- 15' (EXISTING)
SEWAGE". THE CONTRACTOR, DEVELOPER, OWNER AND DESIGNER SHALL ENSURE DURING
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3. PROPERTY SHOWN HEREON IS SUBJECT TO ANY RIGHT-OF-WAY, EASEMENTS, RESTRICTIONS, ETC. 19. POSTED SPEED LIMIT: 25 MPH 24x36
CONSTRUCTION THAT NO ILLEGAL DISCHARGES TO THE SANITARY SEWER SYSTEM ARE CREATED
AS MAY BE SHOWN OR NOTED IN ANY RECORD, PUBLIC OR OTHERWISE, OR ANY REQUIREMENT OR
WITH THE SITE IMPROVEMENTS. 20. ROAD CLASSIFICATION: LOCAL
REGULATION OF ANY PUBLIC AGENCY.
10. THE KENT CONSERVATION DISTRICT RESERVES THE RIGHT TO ENTER PRIVATE PROPERTY FOR 21. STATE POLICY FOR SPENDING: INVESTMENT LEVEL 1
4. THE EXISTING UTILITIES SHOWN WERE TAKEN FROM THE BEST AVAILABLE RECORDS. THE
PURPOSE OF PERIODIC SITE INSPECTION. 22. SOURCE OF WATER: CITY OF DOVER
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CONTRACTOR SHALL CONTACT MISS UTILITY OF DELMARVA (1-800-282-8555) TO VERIFY THEIR EXACT SIGNATURE DATE 24x36
LOCATION PRIOR TO THE START OF ANY CONSTRUCTION. ANY DAMAGE INCURRED TO ANY UTILITIES 11. THE KENT CONSERVATION DISTRICT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE ANY EROSION 23. SOURCE OF SEWER: CITY OF DOVER
SHALL BE REPAIRED IMMEDIATELY AT THE CONTRACTORS EXPENSE. IF THE CONTRACTOR RELIES OR SEDIMENT CONTROL MEASURE, AS IT DEEMS NECESSARY.
24. SOURCE OF ELECTRIC: CITY OF DOVER
ON THE UTILITY LOCATIONS SHOWN HEREON, HE DOES SO AT HIS OWN RISK AND WILL NOT BE 12. SANITATION SERVICE COLLECTION FOR THIS PROJECT SHALL BE PROVIDED BY CITY OF DOVER. ENGINEERS CERTIFICATION 25. SOURCE OF GAS: CHESAPEAKE UTILITIES . . .
.
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ENTITLED TO ADDITIONAL COMPENSATION DUE TO TIME DELAYS FROM SAID RELIANCE. 24x36
I, J. MICHAEL RIEMANN, HEREBY CERTIFY THAT I AM A REGISTERED ENGINEER IN THE STATE OF DELAWARE, 26. SURVEY BENCHMARK: NGS MONUMENTATION MARK DATE DESCRIPTION
5. THIS AREA OF DEVELOPMENT IS NOT IMPACTED BY THE 100 YEAR FLOOD PLAN AS SHOWN ON FIRM
THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO MY BEST VERTICAL: NAVD88 - L37 LAYER STATE: C-001
MAP 10001C0169J PANEL169 OF 435, DATED JULY 7, 2014.
KNOWLEDGE AND BELIEF REPRESENTS GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE HORIZONTAL: NAD83 (2007) - DNREC PROJECT NO.: 2020281.00
6. DELAWARE REGULATIONS PROHIBIT THE BURIAL OF CONSTRUCTION DEMOLITION DEBRIS, LAWS OF THE STATE OF DELAWARE.
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INCLUDING TREES AND STUMPS ON CONSTRUCTION SITES. ANY SOLID WASTE FOUND DURING
EXCAVATION MUST BE REMOVED AND PROPERLY DISCARDED.
PROPOSED: NONE TO BE SET DATE: 10/1/2021
7. ALL HANDICAPPED PARKING DEMARCATION, STALLS, AND BUILDING ACCESSIBLE ROUTES SHALL SCALE: 1" = 20'
COMPLY WITH THE "AMERICAN WITH DISABILITIES ACT". SHEET INDEX
DRAWN BY: R.D.S. PROJ. MGR.: J.N.S.
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8. WETLANDS: THIS SITE WAS EVALUATED IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THE
1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL (TECHNICAL REPORT Y-87-1). AND C-001 COVER SHEET & OVERALL SITE PLAN SHEET
SUBSEQUENT PUBLIC NOTICES, TO IDENTIFY THE PRESENCE OF JURISDICTIONAL WETLANDS, AS
DESCRIBED IN A REPORT PREPARED BY ENVIRONMENTAL CONSULTING SERVICES, INC. DATED JUNE
C-101 OVERALL EXISTING CONDITIONS AND DEMOLITION PLAN
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29, 2001, AND NO WETLANDS WERE FOUND TO EXIST ON THE SITE.
J. MICHAEL RIEMANN P.E. NO. DATE
C-201
C-901
SITE, SIGNAGE & STRIPING PLAN, AND UTILITY PLAN
CONSTRUCTION DETAILS
C-001
COPYRIGHT 2021
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Item 8.
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24x36 GRATE: 30.44' RIM: 31.36' INV.: 28.26' 24x36
INV.: 29.04' INV. IN: 28.83'
EX. 12" RCP
12
12
24x36
FIP
ARCH I T E C TURE 24x36
OE
F.H.
OE OE OE OE OE OE OE OE
12
ENG I NE E R I NG
BENCH MARK: OE
OE Delaware
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W.V. OE W.V. W.V. 24x36
SET IRON ROD WITH CAP
12 12
309 South Governors Avenue
ELEVATION: 31.76' (NAVD 88) Dover, DE 19904
N: 423202.52' (NAD 83 2007 DSP)
302.734.7950
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. N NORTH WEST STREET E:O622938.68'
E (NAD 83 2007 DSP)
12 12 12
EX. 12" RCP
12 12 12 12
The Tower at STAR Campus 24x36
60' RIGHT-OF-WAY "LOCAL ROAD" EX. ?"S EX. ??"S 100 Discovery Boulevard, Suite 102
OE EX. C.B.
(FULTON'S ADDITION - PLAT 1-25) GRATE: 30.55'
Newark, DE 19713
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12
INV.: 29.17' 302.369.3700 24x36
OE
12
OE OE Maryland
312 West Main Street, Suite 300
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OE 1 2 1 1 12
Salisbury, MD 21801 24x36
OT OT OT OT OT OT OE
CK OE
CK
OE
CV
OE OE 410.546.9100
OE CV
OE North Carolina
FIRC OE
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X X X
3333 Jaeckle Drive, Suite 120 24x36
X X X X X X X X X X X X FIP Wilmington, NC 28403
X X X C-PR-L-TREE-C
K
C-PR-L-TREE-CV
C-PR-L-TREE-
CV
C-PR-L-TREE-C
K
C-PR-L-TREE-
CV
C-PR-L-TREE-C
K
1 910.341.7600
X CK
X www.beckermorgan.com
60' RIGHT-OF-WAY "LOCAL ROAD"
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X EX. C.B. 24x36
GRATE: 30.97'
15' B.R.L. C-PR-L-TREE-
CV
INV.: 29.39'
X
X
2
EX. ??"S
CV
CECIL STREET
F.F. ELEV. = 31.85'
-CV
24x36 C-PR-L-TREE
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X 25' B.R.L.
X OE
X EXISTING BUILDING C-PR-L-TREE-
CK
1
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X FOOT PRINT = 2,559 S.F.± CK 24x36
X 1 EXISTING BUILDING
(FULTON'S ADDITION - PLAT 1-25)
C-PR-L-TREE-CV
X
CV
GRAVEL
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LANDS N/F 24x36
5' B.R.L.
X
TEAL CONSTRUCTION, INC. X 1
T.P. 2-05-06708-01-0900-00001 LANDS N/F C-PR-L-TREE-
FIP
CK
DEED REF. 8016-219 SHERMITT HOLDING COMPANY LLC EXISTING BUILDING
CK
X
ZONING - M T.P. 2-05-06708-01-1500-00001
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X OE 24x36
DEED REF. 8397-73
ZONING - M
X
1
X
2
V
C-PR-L-TREE-C
24x36 C-PR-L-TREE-CK
CV 24x36
X CV
5' B.R.L.
X
C-PR-L-TREE-C
K
C-PR-L-TREE-CV
1
CV
CK
C-PR-L-TREE-
X
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V
C-PR-L-TREE-C
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X
35' X
X 4
C-PR-L-TREE-C
V
C-PR-L-TREE-CV
1
OE
CV
K
C-PR-L-TREE-C
CK
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X
X
FIP OE
X
24x36
X OE 24x36
.R.L. OE
X 20' B OEFIRC
X OE
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OE 24x36
22.5'
X OE
X OE
29.5
X
OE
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X OE ' 24x36
OE
X
BENCH MARK:
X OE SET IRON ROD WITH CAP
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OE 24x36
ELEVATION: 32.67' (NAVD 88) PROJECT TITLE
TEAL CONSTRUCTION, INC. N: 422923.52' (NAD 83 2007 DSP)
T.P. 2-05-06708-01-0400-00001 X OE ELECTRICAL EASEMENT
(SEE DEED 5144-72) E: 622819.75' (NAD 83 2007 DSP)
DEED REF. E26-447
OE OE
RAIL
X
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X OE 24x36
OE
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X X
OE
OE OE
HAUS 24x36
9.6' OE OE
X OE
OE 92 N WEST STREET
OE OE
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X
OE
OE OE
DOVER 24x36
25
24' OE OE
KENT COUNTY, DELAWARE
FIP OE
X FIP OE OE OE OE
FIRC OE
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OE
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X
OE OE
OE OE
18'
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X
9' OE OE
OE OE
X LANDS N/F
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DELAWARE RAILROAD REAL ESTATE AGENT 24x36
OE OE T.P. 2-05-06708-01-4500-00001
LANDS N/F X DEED REF. E33-64 OE
TEAL CONSTRUCTION, INC. OE
ZONING - TND SHEET TITLE
T.P. 2-05-06708-01-0500-00001
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DEED REF. E38-15 OE OE 24x36
X
ZONING - M
X
OE OE FCM LANDSCAPE PLAN
X OE OE
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X 24x36
OE OE
FIP
OE .
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OE
OE
. 24x36
OE
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OE
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OE 0 10 20 40
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Do Not Explode - Select Scale
OE SCALE: 1" = 20'
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ISSUE BLOCK
OE
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OE
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.
. . .
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MARK DATE DESCRIPTION
LAYER STATE: L-101
PROJECT NO.: 2020281.00
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DATE: 10/1/2021
PLANT LIST SCALE: 1" = 20'
KEY QUANTITY BOTANICAL NAME COMMON NAME SIZE ROOT REMARKS
DRAWN BY: R.D.S. PROJ. MGR.: J.N.S.
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CK 9 CLADRASTIS KENTUKEA AMERICAN YELLOWWOOD 2-2 1/2" CAL. B&B
SHEET
CV 11 CHIONANTHUS VIRGINICUS WHITE FRINGE TREE 5-6' B&B
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TOTAL: 20 L-101
COPYRIGHT 2021
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Página 162
Item 8.
S-21-12 Rail Haus at 92 North West Street:
Site Development Plan
Attached are a series of correspondence received by City of Dover Planning Staff voicing support
for the Site Development Plan Application S-21-12 Rail Haus at 92 North West Street, Dover. These
letters were received by the City of Dover Planning Office between the dates of October 29, 2021
and November 4, 2021.
Attachments:
• E-mail sent by Cheryl Fisher of Mt. Zion AME Church
• E-mail sent October 31, 2021 by Julia Leyva
• Letter addressed to Members of the Planning Commission by Jeff Niezgoda, dated October
29, 2021.
• E-mail sent November 1, 2021 by Rachel Papen
• E-Mail sent October 31, 2021 by Frances Riddle
162
Página 163
Item 8.
From: Rachel Papen
To: CompPlan
Subject: EXTERNAL: Support for Rail Haus
Date: Monday, November 01, 2021 4:15:05 PM
WARNING: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
To whom it may concern,
I am writing to you in the hope that you give full and complete support to the proposed opening of Rail Haus in
Dover on 92 N
West Street.
As Dover recovers from the financial strain of the global pandemic, it is important to invest in locally owned,
community based ventures that will enrich our local economy. Rail Haus will be a perfect downtown spot to bring
family and friendly on a weekly basis as well as a spot to bring out of town visitors.
Thank you in advance for your time and consideration in this matter. I look
forward to hearing about your support for this venture.
Best,
Rachel
Rachel Papen
645 Papen Lane
Dover, DE 19904
603-490-0699
Rachelpapen@me.com
163
Página 164
Item 8.
October 29, 2021
Dear City of Dover Planning Commission,
I’m writing to show my support for the proposed project/restaurant located at the
former Southern States building (92 N. West Street). I have been a resident of the State
of Delaware for 55 years and this type of venue could bring a lot of positive energy to
the surrounding communities. I’ve been to many indoor/outdoor garden style
restaurants and I’ve seen firsthand how these types of facilities are accepted and
supported by the surrounding area. My wife and I enjoy getting out to establishments
like this especially when we can include our dog.
I fully support and endorse this project idea.
Sincerely,
Jeff Niezgoda
164
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Item 8.
From: frances.riddle@comcast.net
To: CompPlan
Cc: Donny Legans
Subject: EXTERNAL: Vote Yes for the Rail Haus, 92 N. West St.
Date: Sunday, October 31, 2021 1:57:04 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Please consider this email to be a strong vote of support for Donny Legans’ application for planning
permission to develop a restaurant at 92 N. West Street. I live just a few blocks away on N. State
Street and coordinate the Community Unity Garden at DSU Downtown (former location of Wesley
College) as a volunteer for Restoring Central Dover. A family restaurant in this community is just
what our neighborhood needs. I believe it would provide a vibrant focal point in this part of Central
Dover – a fun place for local folks to gather, share good food, and strengthen the social fabric of
downtown. I also believe Mr. Legans has the vision, background, and desire to make this project a
reality. I look forward to Planning Commission approval.
Fran Riddle
127 N. State Street
Dover DE 19901
165
Página 166
Item 8.
From: Julia Leyva
To: CompPlan
Subject: EXTERNAL:
Date: Sunday, October 31, 2021 2:09:12 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
hello,
I am a resident in dover and am in strong support of the beer garden in Dover. Most beer
gardens bring a great sense of community and family time. I think it would be a great addition
to the city of Dover.
Thanks for your time,
Julia
166
Página 167
Item 8.
From: cfisher313@aol.com
To: CompPlan
Subject: EXTERNAL: Mt. Zion Support of New Restaurant on 92 N West Street
Date: Thursday, November 04, 2021 12:22:16 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To Whom It May Concern,
Mt. Zion AME Church is located at 101 N. Queen Street. Part of the mission of Mt.
Zion AME Church is to have a positive impact on the community we serve. We would
like to inform the Planning Commission of our support for the planned restaurant to be
built on 92 N. West Street in downtown Dover. We believe a new restaurant in our
area will also have a positive impact on the community it serves in several ways:
· Provide a beautiful green space for social and dining interaction where there are
now very few options
Provide jobs for people in the immediate area
· Provide support to community gardens by featuring locally-grown produce in the
restaurant.
As part of our ongoing efforts to positively impact our neighborhood, this spring we
planted a community garden behind the church. The garden has been a source of
pride among the residents who live near the church. Our community garden, which is
open to everyone, provides space for people to work together to create beautiful,
productive spaces in our neighborhood to enhance living conditions. Our community
garden is about more than just growing food. By increasing the number of local
community gardeners and available green space, families and individuals are able to
grow fresh, healthy produce for very little money, green previously unused areas,
decrease local food insecurity, get to know and interact with their neighbors, and work
together to enhance the communities where they live.
We are excited for the continued growth and support for the areas surrounding Mt.
Zion AME Church and the community. We support the new restaurant owner and
welcome a successful partnership in the near future.
Sincerely,
Cheryl Fisher
Garden Ministry Coordinator
Unity Community Garden at Mt. Zion
101 N. Quuen
Cell 301-332-3715
167