HDC Minutes 3-24-22

.. CITY OF DOVER HISTORIC DISTRICT COMMISSION March 24, 2022 The Meeting of the City of Dover Historic District Commission was held on Thursday, March 24, 2022, at 3:30 PM in person and virtually using the videoconferencing system WebEx with Chairman Czerwinski presiding Members present were Mr. Street (virtually via WebEx), Ms. Horsey, and Mrs. Mason (Note: The fifth Historic District Commission member has not been appointed following the completion of the term of Mr. McDaniel in 2020). Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Savage-Purnell, Mrs. Bulkilvish and Mr. Swierczek. APPROVAL OF AGENDA Ms. Horsey moved for approval of the agenda as amended, seconded by Ms. Mason and the motion was unanimously carried 4-0. ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION MEETING OF JANUARY 20, 2022 Mr. Street moved for approval of the Meeting Minutes of January 20, 2022, seconded by Ms. Horsey and the motion was unanimously carried 4-0. Roll Call Vote • Ms. Horsey -Yes • Ms. Mason - Yes • Mr. Street – Yes • Mr. Czerwinski - Yes COMMUNICATIONS & REPORTS Summary of Applications for 2021 and 2022 Mrs. Melson-Williams stated that in 2021 there were six (6) items. For the 2021 year, there were six applications filed to the Historic District Commission. Most of them were a number of Permits referred to the Commission for Architectural Review Certification. In 2022, the Historic District Commission will consider its second application of the year today. Summary of Architectural Review Certifications for 2022 Mrs. Melson-Williams stated that in 2022 through February, there have been a total of four (4) building related Permit applications in the Historic District. One of the four (1) involved a site drainage permit at The People’s Church located at 46 S. Bradford Street. There were two (2) interior permits and one (1) fence permit. Two of the permits were considered by the Commission and two were handled by Staff.

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 Department of Planning & Inspections Update Mrs. Melson-Williams mentioned that the Rental Dwelling and Public Occupancies Permits are currently in the penalty phase. She mentioned a thank you to all of the City Departments that were involved and continue to be involved in the fire on 235-239 W. Loockerman Street. The fire incident continues to be under investigation with the City’s Office of the Fire Marshal Office, Dover Police Department, the State Fire Marshals and other agencies. The City of Dover is in the process of the water system flushing. Please check with the Public Works Department if you have any questions. She continues to be the Interim City Planner and Mr. Dave Hugg has been selected as the City Manager. The Director position has been posted as well as other job openings. NEW APPLICATION HI-22-02/Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water Street - Public Hearing and Review for Recommendation to City Council of a Rezoning Application to adjust the boundary of the H (Historic District Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new Kent County Family Courthouse project site. The properties are zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning is IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The properties are located on the east side of South Governors Avenue between West Water Street and Bank Lane. The owner of record is the State of Delaware. Property Addresses: 411 S. Governors Avenue, 429 S. Governors Avenue, 435 S. Governors Avenue, 439 S. Governors Avenue/117 West Water Street, 441 S. Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-37.00-000, ED-05-077.09- 03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03- 52.00-000, ED-05-077.09-03-61.00-000, and an alley. Ordinance #2022-02. Council District 4. (Planning References: Z-22-01 and HI-22-02) First Reading was held by City Council on February 28, 2022, where the Public Hearing dates were set for Planning Commission on March 21, 2022, Historic District Commission on March 24, 2022, and City Council on April 11, 2022. Mrs. Melson-Williams gave a summary of Application HI-22-02/Z-22-01. The applicant is requesting a Rezoning Application to adjust the boundary of the H (Historic District Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance of the lands for the new Kent County Family Courthouse project site. Ms. Mason member of the Historic District Commission will be unable to participate in the Commission deliberation on this Application as she is a property owner within 200-feet of this Application. As part of the By-laws of the Historic District Commission that is deemed a conflict of interest. The information that was provided to the Planning Commission started with a DAC (Development Advisory Committee) Report that was also provided to the Historic District Commission. In addition, there is an Addendum to that Report that focuses more on historic property information 2

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 for the subject area. These properties do include three (3) buildings that currently exist on the property. From historic property history, there were other buildings previously on the site. The review of historic maps show that they were predominantly residential in nature. Over time perhaps a dozen or more buildings were in this area at one point dating from the 1800’s through the 20th century. The area is a part of the National Register of Historic Places listing for the Dover Green Historic District. The nomination was written in the 1970’s and amended in 1979 and 1984. Its inventory included a number of buildings in this subject area. Some of them were deemed non- contributing meaning they were much more modern features on the landscape such as what was the location of the Dover Laundry and Dry Cleansers location and other more modern residential buildings in that area. Three buildings remain today as previously mentioned and perhaps only one of them of the surviving dates to the 19th century. It has some integrity issues due to renovations and expansions over the years. This is a little unique for the Historic District Commission, but the Zoning Ordinance includes the provisions for how you expand the boundaries of the historic district or add additional areas to the Historic District. The Historic District Zone has a very specific purpose statement that was read into the record. It is found in Zoning Ordinance, Article 3 Section 21. “The purpose of this historic district regulation is to preserve and enhance that unique character and value of the old portion of Dover as an area of special charm and interest. It is particularly intended that the regulations prevent, in the historic district, any change of conditions that would be deemed to be a disfigurement or degradation of the present unique visual and architectural qualities of the district.” The provisions of the Zoning Ordinance go on to detail the process for the Historic District amendments and the review criteria for adding things to the Historic District. This project request specifically focuses on the following review criteria: the desire of the owner to have the property designated; the potential increase in economic and/or community development in the area; and specific to the Historic District that identifiable and clear distinctive boundaries are established. Once a property is within the Historic District it becomes the subject of Design Standards and Guidelines for any development activities and/or renovations to existing structures or demolition of existing structures. Staff provided a recommendation regarding the request for Rezoning. Staff is recommending that the Rezoning be granted to include the property in the Historic District Zone making reference to the City’s 2019 Comprehensive Plan for the goals for Historic Preservation allowing designation of historic districts to maintain community character. In addition, the Comprehensive Plan’s goals for the Mixed-Use Land Use Classification in Dover’s historic core focus on recognition of its historic development patterns and the opportunities for redevelopment and revitalization with a variety of residential, commercial, office, cultural and institutional uses typically found in Downtown areas. The property owner is indeed seeking the designation and it has been identified as the project site for a new Family Court (Courthouse). By changing the boundaries of the Historic District, it will provide a clear and more distinctive boundary as it will follow the street lines of Governors and Water Street in that area. Planning Staff has recommended approval. The Planning Commission did consider the Rezoning on Monday, March 21, 2022. They put forth a Recommendation of approval for the Rezoning. Their Recommendation will also go to City Council and the action of the Historic District Commission will also go to City Council. 3

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 Ms. Horsey asked if the creation of the expansion of this project into the Historic District Commission would put more of a burden of approval for the demolition of the three (3) buildings there today. Mrs. Melson-Williams replied that the Planning Office has already received the Demolition Permit for these three buildings that are in the review process. It is anticipated that the review will be complete prior to the Rezoning being fully actioned. The applicant has a vested right already under the current zoning to demolish the properties without having to appear before the Historic District Commission to do so. The demolition may actually end up occurring after the designation due to the bid process and the mobilization to do so. It has been clear from the beginning that they anticipated demolition of these buildings prior to any kind of commencement of activities for construction. New construction on the property would be subject to it being in the Historic District Zone. Ms. Horsey asked for clarification if the demolition is allowed before the designation of the zoning, would that come back before the Historic District Commission for the demolition? Mrs. Melson-Williams replied that the demolition would not. Mr. Czerwinski asked what the difference was between expanding the Historic District Commission to accommodate a new building versus removing that same block out of the Historic District Commission altogether because of a new building? Mrs. Melson-Williams replied the removal of something from the Historic District would also have to follow the same process. Staff advised the applicant that including this area into the Historic District provides greater protection for the other adjacent areas of the Historic District which includes The Green and the properties fronting on South State Street. If you look in the Design Standards and Guidelines this area is The Green Context that envisions there might be larger scales of redevelopment in the area. Larger scale redevelopment carries with it some increased scrutiny if it is within the Historic District. With only part of the site being in and part of the site being out, it makes it complicated to say the least. Where half of the building is in the District, it would be subject to the Guidelines and half out it is not. It meets the philosophy of the intent of the Code that even though it is bringing the land mass into the District, there is still the ability of dealing with questions of the character and impact to the broader district even in practice of new construction. Representatives: Elio Battista, Parkowski Guerke and Swayze PA; Michael Newell, Chief Judge of Family Court of the State of Delaware; William J. Lenihan, Tevebaugh Architecture Mr. Battista mentioned that the City gave an explanation of the Historic District as mentioned by Mrs. Melson-Williams. Simply put from a legal perspective when we were looking at the project, half of the project is located in the Historic District and the other half is not; and it eliminates a lot of headaches. His perspective is if it is one governing agency, we all know the rules that we will be dealing with and the requirements. He introduced the project team. Mr. Newell introduced four (4) of the six Judicial Officers (Commissioner David Jones, Givens, Lanbury, Judge Mardi Pyott, who served Kent County in the Dover Family Court). He also introduced Eleanor Torres who serves on the Administrative Staff and has been critical to this project. We are here regarding the Kent County Family Courthouse. This dates back as far as 4

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 2006 to the present time. The “Southern Court Facilities Space Study” that was commissioned to look at both facilities in Sussex and Kent County. The Kent County Family Courthouse received the second to the lowest rating (court facilities in the southern part of Delaware) and was rendered 16 years ago back in 2006 as inadequate. We have had subsequent studies about the site concerns about security and signs of the building. In 2012, U.S. Marshals served the federal judiciary but were retained to do a report and sited significant security issues in the current building. There are four or five areas of this project elements of this project that you should be aware of (size, security, dignity, collaboration and inclusion and parking) that will be brought to that area of the city. The current building was built in 1989. It was built when the second Chief Judge of Family Court Robert Thompson was in that position. I worked with him for five (5) years. The current building is only 35,000 square feet of space. We are utilizing every inch of that space as we exist today. The projection for the new building is 105,000 square feet of space. The average court room size in the current building is 600 square feet which is way below the current standards for a court room in today’s age. The security issue that exists today is the court room size. It does not provide adequate space for the litigants in the court room. We hear cases that such as domestic violence and perpetrator and we are only 10-feet away from each other. That is clearly not adequate for modern courthouse. The building was constructed prior to September 11, 2001 and we know what to our country; standards for municipal and courtroom construction have changed. The current Courthouse at 400 Court Street does not provide separate waiting rooms for confidential areas or for clients to complete paperwork. It’s called mixed circulation; you have the public, the people that were detained, and the judges, commissioners, and staff. The detainees take the same elevators as judges, commissioners, and staff so we had to retrofit them with video cameras. We did have an unfortunate incident where one of our judges was spat on by a prisoner in an elevator. The new building will fix that circulation pattern. Currently, there is a sally port for the transfer of prisoners/ detainees; however, the modern Department of Corrections vans do not fit in the sally port and the doors do not close. The vans have to park in the same parking lot as the Judges and Staff; and they or you will wait to get into the building. That presents a number of the security issues. Boxes line the floor as we don’t have the space. Mentioning ‘inclusion”, the new building will be sufficient to allow for offices for the Department of Justice – the Office of Defense Services, the Office of Child Advocate. Kids Department of Services for Youth and Families. They will have places to confidential, respectful places to meet with litigants who we serve in daily court activities. The other thing that came up with the Planning Commissioners was parking. We do plan to have parking on-site for employees, litigants, and we hope to work out an agreement related to use of the parking facility in the off hours when court business is not taking place. And finally, the issue is of “dignity,” as our Court handles some of the most tumultuous cases and the most intimate, heart-wrenching cases heard by our Judges and Commissioners. A dignified and safe courthouse is not a luxury today; it is a necessity. We want this Courthouse to have a civic presence in this part of Dover and want to be a good neighbor. The current projected cost of this building is $122 million dollars. Mr. Bill Lenihan of Tevebaugh Architecture as the State’s Architect on the project will now present the more technical matters. Mr. Lenihan noted that he has seen a number of those present as they have advanced other components of this project as the State’s acquired them, and some present at meeting to the Downtown Dover Partnership, and presentation to the Friends of Old 5

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 Dover. First, they are in agreement with the comments and recommendations of the Development Advisory Committee and Planning Department. They were just here on Monday evening for a similar presentation to the Planning Commission. This is step one of a two-step public process as we are here for a boundary adjustment to the Historic District. And we have filed an application to return here (to the Historic District Commission) in April to review the Site Plan for the details of building construction for development process in the Historic District and then the Planning Commission. Mr. Lenihan notes on the main topics for the requirements to adjust the boundary and for including more property into the Historic District that we agreement with the Planning Department. Referring to the display boards, he showed the L-Shaped site pointed out the street with Bank Lane (at the top), Governors Avenue, and Water Street on the south. The full site of combined parcel includes the entire areas along Governors Avenue from Bank Lane to West Water Street to rear of the properties that front on South State Street. The project site also cross Governors Avenue to include the Box Outlet site that will become a parking lot. Referring display screen, shows the crosshatched area with the alley on the east side and up to the Capital Dry Cleaners site and shows that about half of the site is in the Historic District (section on Water Street and section to the north at Bank Lane). They looking to adjust the boundary instead of it being split-zoned; instead, they would have the full site in the Historic District. The City placed the full combined site into the IO (Institutional and Office Zone) which allows the project to move forward the proper zoning for the height and areas of the buildings. Mr. Lenihan continued with describing the proposed new plan (on a second display board), the L-shaped building (in light blue) is the new Family Court building with the main entranceway on Governors Avenue at the intersection of Governors Avenue and Water Street. Then the parking structure is on Governors Avenue towards the Bank Lane end of the property. An existing alleyway from Water Street goes into the site and gives access to properties at their rear. With the development of the Courthouse, it will be placed over the south end of the alley, but the State is creating a new vehicular accessway for the properties fronting on South State Street and The Green by giving them a permanent easement for two-way traffic out to Bank Lane. Bank Lane is currently very narrow street so it will be widened to street standards for the full depth of the site. There will also be from the easement a two way traffic way out to Governors Avenue from the middle of the site. The intersections have been reviewed with DelDOT and the comments have been favorable with the traffic movements and traffic counts for the project. Along Water Street, the existing access point will remain with access to the neighboring properties and also a new access point for the sally port for Department of Corrections vans along the middle of Water Street. At the rear of the building, there will be a service lane with gates at either side. Mr. Lenihan noted the economic development for the site as it will have over 130 full-time employees in the building from the Court and various agencies and then thousands of visitors on an annual year. Having all those people, will help make this portion of Downtown as a vibrant place. We noted the IO zoning, and this plan is consistent with the City of Comprehensive Plan. The boundary with also be consistent with the National Register for The Green Historic District. Also, the Dover/Kent County Metropolitan Planning Organization Dover Transit Neighborhood Plan recommended a gateway type development for this intersection. The Dover Historic District Commission Guidelines also recognized large developments. We feel that this benefits the 6

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 Historic District as this creates a buffer zone with new government structure and to help protect The Green. Mr. Street thanked Tevebaugh Architecture for giving the presentation again and thank you to the Justices for taking time out of their schedules to be here today as well. He has no questions. Mrs. Horsey also thanked them for presenting the project to the Friends of Old Dover and answering their questions on the project. Mr. Czerwinski asked about the function of the parking lot on the east side of the lot. Responding Mr. Lenihan stated that the Parking Lot serves as overflow parking for the Kent County Courthouse (on the other side of State Street) and also for the offices on the south side of Water Street such a DNREC and other Departments. With the parking structure, the State commissioned a Parking Study where they evaluated over a year of dockets from Family Court on time of day and day of week when hearings were happening. They looked at displaced parking. They also met with the City of Dover and other area groups to talk about needs for parking. Resulting in a parking demand number and that parking demand number is greater than the amount required by City’s zoning. They will provide total parking to meet the parking demand number. Mr. Czerwinski notes that they are extending the Historic District to accommodate a new building that has no tie to the past of Dover or Kent County. His wish with the structure and the parking structure is that the architectural details have sensitivity to the area and that the Courthouse compliments the rest of historic Dover. It’s very easy to do something post-modern. How do you create a parking structure to fit in with the historic architecture? These are big structures for the area when considering State Street and the surrounding areas. He hopes that as we move forward that we continue to practice good architectural decision-making that ties structure in with the area whether is the Courthouse on the other side of The Green and that it fits in. It’s the first multi-story parking structure in Downtown Dover that’s in the Historic District. The elements of the parking structure are done with the good taste. Responding Mr. Lenihan noted that the justice consultant is the same that worked on the Kent County Courthouse and the building is of the same scale as a 3-story 100,000 SF building. The detailing will be very important to ensure it fits into the context of the area. The Historic District has very good set of Guidelines that talk about new structures and how they are to be contemporary and how they are to meet the intent to fit into the Historic District. They are not to be a copy but to look at the scale and massing and materials and make the buildings belong. They have done articulation on the buildings, so they aren’t just one large mass especially on the Bank Lane end of the parking structure where it is in the view corridor of The Green so that it looks like a building and not a parking structure. They look forward to coming back to present those details. Mr. Czerwinski opened the public hearing to those in the room and also those in the virtual meeting. It was noted that a number of individuals in the audience were part of the project team including James Taylor (virtual) that is involved with the civil engineering for the project. Also, in the virtual audience earlier in the meeting was John Van Gorp of Bayhealth. With no one wishing to speak, the public hearing was closed. 7

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 There were no additional questions from the Historic District Commission members. Mrs. Horsey moved approval of HI-22-02/Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water Street for entry into the Historic District. The motion was seconded by Mr. Street and approved 3-0 with one member abstaining due to conflict of interest. Roll Call Vote Ms. Horsey – Yes Mr. Street – Yes Ms. Mason – Abstaining due to conflict of interest Mr. Czerwinski – Yes The Historic District Commission’s recommendation to include a series of 6 parcels and an alley area owned by the State into the Historic District Zone will be forwarded to City Council. The Final Action and Public Hearing is scheduled for the April 11, 2022 meeting of City Council. OLD BUSINESS Certified Local Government (CLG) Program Mrs. Melson-Williams mentioned that we currently have a grant opportunity that they can make use of and Staff hopes to work on it in the next few months to move the project forward. She also noted that the location of the Historic Preservation Office is relocating to North State Street. Implementation of 2019 Comprehensive Plan Mrs. Melson-Williams mentioned that the most recent citywide activity is the Department of Water and Wastewater is moving forward with a number of the studies that were identified in that topic. There is a Wastewater Master Plan that will be awarded to a contract consultant within the next month. Also, the City Planning Staff is part of a study related to Dover Air Force Base Compatible Land Use Study. It is a Department of Defense funded initiative that is being led by DelDOT with consultant assistance from Century Engineering and the Institute for Public Administration at the University of Delaware. The Project is just getting underway. There will be some opportunities for public participation going forward over the next year. Information will be provided to the Commission regarding the website information and opportunities for input. The Downtown Dover Partnership has entered into consultant services with a Project Team led by Mosaic Development Partners for a Downtown Strategic Master Plan. It is currently in data gathering and interview phase. There is a website link to that project and opportunities for input. Ms. Mason expressed her concerned on behalf of the citizens of the Downtown area feeling terrified and unsafe. Responding, Mrs. Melson-Williams mentioned that the Downtown Dover Partnership has a Safety Subcommittee that has been looking at a number of things. The Dover Police Department has a Cadet program that are out on the streets in the Downtown area. If there are particular concerns, we ask that citizens report them to the City (Police Department, Mayor or City Manager’s Office). 8

CITY OF DOVER HISTORIC DISTRICT COMMISSION MARCH 24, 2022 Responding, Chairman mentioned that Downtown is a lot safer than what the perception is from citizens. It is important point to make Dover succeed. Ms. Mason moved to adjourn the meeting, seconded by Mr. Street, and unanimously carried 4-0. Roll Call Vote to Adjourn the Meeting Ms. Horsey – Yes Ms. Mason-Yes Mr. Street – Yes Mr. Czerwinski – Yes Meeting adjourned at 4:40 PM Sincerely, Maretta Savage-Purnell Secretary 9