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CITY OF DOVER PLANNING COMMISSION
MARCH 20, 2023
The Meeting of the City of Dover Planning Commission was held on Monday, March 20, 2023
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. Malone (virtual), Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs.
Welsh (virtual), and Mrs. Maucher. Mrs. Denney was absent.
Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Ms. Katherine Oehmke, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also
present were Ms. Melissa Porter, Mr. Dave Kuklish, Mr. Greg Rishel, Mr. Dominic Balascio,
Ms. Christina Kelleher, Mr. Kyle Burchard, and Mr. Lacey Holly. Speaking from the public were
Mr. Andre Boggerty, Mr. Travis Sudler, Mr. Sean Lynn, Mr. Bill Hare, Mr. James Paige,
Reverend Raymond Fisher, Dr. Wilma Mishoe, Ms. Sandra Ryder, Rev. Rita Paige, Mr. Sammy
Barrineau, Ms. Michelle Hughes, Mr. Lewis Jackson, Ms. Pilar Sudler, Mr. David Anderson,
Mayor Robin Christiansen, Ms. Lisa Dawn Bentley, Mr. Roy Sudler, Jr., Ms. Kaylynn Daniels,
Ms. Jean Taylor, Mr. Steven LeBoon, and Mrs. Cassandra LeBoon.
APPROVAL OF AGENDA
Dr. Jones moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion
was unanimously carried 6-0 with Mrs. Denney, Mrs. Welsh and Mrs. Malone absent.
APPROVAL OF MEETING MINUTES OF FEBRUARY 21, 2023
Dr. Jones moved to approve the Planning Commission Meeting Minutes of February 21, 2023,
seconded by Mr. Cooper and the motion was unanimously carried 6-0 with Mrs. Denney, Mrs.
Welsh and Mrs. Malone absent.
COMMUNICATIONS & REPORTS
Mrs. Gray provided an update on the regular City Council and various Committee meetings held
on February 27 & 28, 2023 and March 13 & 14, 2023.
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, April 17, 2023 at 7:00PM in the City Hall Council Chambers.
Mrs. Melson-Williams stated that the Dover Air Force Base Compatible Use Study as of today
was issued as Draft Plan. They will be forwarding more information about the ability to take a
look at that Draft Plan. She believes that it is probably going to be posted on project site which is
on DelDOT’s website under their projects and studies since they are a part of the project team.
That item came in late this afternoon.
Mrs. Melson-Williams stated for those Commissioners interested in Downtown Dover, there is a
presentation on the Capitol City 2030 Transforming Downtown Dover which is the Strategic
Master Plan for Downtown. They will be holding a public session on Wednesday, March 22,
2023 at 6PM to be held at the Kent County Levy Court Building which is at 555 Bay Road. If
you need more information, check out the website www.downtowndover.com or reach out to the
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Planning Office and they will make sure you get the right information about that meeting. The
document is also on their website as well.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the In-
Person Meeting and Virtual Meeting using the WebEx system.
Mr. Roach moved to move Item #7 up in the Agenda since he thinks a lot of people are here for
that application, seconded by Dr. Jones.
Mrs. Maucher asked if she could amend the motion that they complete Old Business first and
then move Item #7 up on the Agenda.
Motion was amended to hear Old Business first and then move that Item #7 application (S-23-
06) to the first application under New Applications. Motion carried 6-0 by voice vote with Mrs.
Welsh, Mrs. Malone and Mrs. Denney absent.
OLD BUSINESS
Requests for Extensions of Planning Commission Approval:
C-21-02 JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road -
Request for one year extension of Planning Commission Approval granted on April 19, 2021 for
Conditional Use Application 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.
Representative: None
Mrs. Melson-Williams stated that this is a Request for a one year extension. This was a
Conditional Use Site Plan Application. It originally began consideration with the Planning
Commission back in March 2021. At that meeting, they conducted a public hearing and then
deferred action until their next meeting, seeking some additional information on the project. At
their April 2021 meeting, the application was conditionally approved. Since that time, they have
actually retained a different engineering firm to work with them because of the extensive
DelDOT interaction that was needed for the project site because of the change of use on the
property. Entrances on the property had to be looked at more carefully. The Planning
Commission did see it in October 2021 for a general revision to the Plan that setup a one way
circulation around the plan. The display shows the latest plan version that they received late last
week. They have been going through DelDOT submissions in order to design the appropriate
entrance improvements to this site. At this point, they are seeking a one-year request of extension
to allow them to continue to finalize their Plan in order to achieve Final Conditional Use Site
Plan approval and move fully forward with their project.
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Mr. Hartman moved to approve C-21-02 JJ’s Learning Experience 2 Child Day Care Center at
756 South Little Creek Road for a one year extension based on the progress that they are
experiencing and the troubles they have had, seconded by Dr. Jones and the motion was carried
6-0 with Mrs. Welsh, Mrs. Malone and Mrs. Denney absent. Mr. Hartman voting yes; based on
his previous statement. Mr. Baldwin voting yes. Dr. Jones voting yes, the applicant is moving
forward. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Maucher voting yes; as it seems the
DelDOT approvals are the last leg for them to be able to start work.
Mrs. Welsh arrived (virtually) at the meeting.
C-21-03 Warehouse Building at College Business Park Lot D – Request for one-year extension
of Planning Commission Approval granted March 15, 2021 for Conditional Use Site
Development Plan to permit construction of a 9,520 SF one story Commercial Warehouse
Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M
(Manufacturing Zone). The property is located north of College Road, at the end of College Park
Drive, abutting the southwest side of the railroad right-of-way. The owner of record is Stoltzfus
LLC (HSM Exchange LLC). Property Address: 1255-1257 College Park Drive. Tax Parcel: ED-
05-067.00-02-12.06-000. Council District 4.
Representative: Ms. Melissa Porter, Stoltzfus LLC
Mr. Swierczek stated that this is a Conditional Use Site Development Plan to permit construction
of a 9,520 SF one story Commercial Warehouse Building. This is an application that originally
came before the Planning Commission at their March 2021 meeting where it received
conditional approval. They have received a letter requesting a one year extension of approval
from the property owners citing that they have switched engineering firms. While they do not
have a specific tenant lined up, they do plan to construct the building based on the plans as
approved thus requiring the extension of approval.
Ms. Porter stated that the plans are in motion; they are just waiting for approval.
Mr. Baldwin moved to approve C-21-03 Warehouse Building at College Business Park Lot D for
a one-year extension, seconded by Mr. Cooper and the motion was carried 7-0 by roll call vote
with Mrs. Malone and Mrs. Maucher absent. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs.
Welsh voting yes. Mr. Cooper voting yes. Mr. Roach voting yes. Mr. Hartman voting yes; based
on the progress of the applicant. Mrs. Maucher voting yes; based on the applicant’s progress for
approvals.
Pending Development Application:
S-23-05 Tidal Wave Auto Spa at 245 N. Dupont Highway - Continued Review of a Site
Development Plan and Lot Consolidation Plan for two (2) parcels totaling 2.15 +/- acres at 245
North DuPont Highway. The Plan is to permit construction of a 3,690 SF Car Wash facility, 24
vacuum spaces, and associated site improvements. The properties are zoned C-4 (Highway
Commercial Zone). The parcels consist of a total of 2.15 +/- acres and is located on the
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northeastern corner of N. Dupont Highway and White Oak Road. The owner of record is TWAS
Properties LLC. Property Addresses: 245 and 243 N. Dupont Highway. Tax Parcel IDs: ED-05-
068.18-01-13.00-000 and ED-05-068.18-01-12.00-000. The Planning Commission conducted a
Public Hearing and began review of this application at their February 21, 2023 and deferred
action seeking additional information.
Representative: Mr. Dave Kuklish, Bohler Engineering
Dr. Jones moved to continue review on Application S-23-5 Tidal Wave Auto Spa at 245 N.
DuPont Highway, seconded by Mr. Baldwin and motion carried 7-0 by roll call vote with Mrs.
Malone and Mrs. Denney absent.
Mr. Swierczek stated that as noted, this was a Site Development Plan Application that came
before the Planning Commission at last month’s meeting. This is also associated with a Lot
Consolidation Plan so it is two existing parcels. It is a little under 3,700 SF one-story Car Wash
facility and other on-site improvements including 24 vacuum spaces. During the discussions at
last month’s meeting, there had been some question as to the capacity of the City’s current water
and wastewater facilities to handle the implementation of this new use on the site. Members of
the Planning Commission should have received updated material, one of them being an email
communication between the engineer for the project and the City Engineer Mr. Jason Lyon
noting that he was satisfied with their projections and the City would be able to handle their
water and wastewater needs.
Mr. Kuklish stated that he had nothing to add.
Mrs. Maucher stated that the public hearing on this application was conducting during the
meeting of February 21, 2023; therefore, there is no public hearing tonight.
Mrs. Malone arrived (virtually) at the meeting.
Dr. Jones moved to approve S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway with the
Site Development Plan and Lot Consolidation Plan, seconded by Mrs. Welsh and the motion was
carried 7-0 by roll call vote with Mr. Hartman abstaining and Mrs. Denney absent. Dr. Jones
voting yes; the concern that she had was addressed in the correspondence that they have
received. Mrs. Welsh voting yes; in conjunction with Dr. Jones’ comments that the concern was
the capacity of the overflow and that has been addressed; so, it sounds like everything has been
taken into account and the applicant is well aware of what they need to do. Mr. Cooper voting
yes; for all of the same reasons. Mr. Roach voting yes; for reasons previously stated. Mr.
Hartman voting; present. Mr. Baldwin voting yes; based on the Report that they received from
Wastewater Management. Mrs. Maucher voting yes; based on the Staff recommendations, DAC
comments and the confirmation for the wastewater capacity. Mrs. Malone voting yes; for
reasons previously stated.
NEW APPLICATIONS
S-23-06 College Road Apartments at Railroad Avenue/Grove Street – Public Hearing and
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Review of Site Development Plan for construction of two 6-story mid-rise apartment buildings
with a total of 385 units consisting of studio, 1 bedroom, and 2 bedroom units. The ground level
of each apartment building is parking and the other site improvements include six 7-car garage
buildings, parking lots, landscaping, and recreation areas. The Project also includes street
construction/improvements to Raymond Street and Railroad Avenue. A Lot Consolidation Plan
will combine the four parcels located east of Railroad Avenue for a total of 31.08 acres of land.
These properties are zoned RG-5 (General Residence Zone for Mid-Rise Apartments). The
subject area is located north of, but not adjacent to College Road, and east of the Railroad
corridor in the vicinity of Raymond Street, Railroad Avenue, and Grove Street. Property Owners:
Patel College Properties, LLC and Patel Excess College Road, LLC. Tax Parcels: ED-05-067.00-
02-53.00-000, ED-05-067.00-02-54.00-000, ED-05-067.00-02-55.00-000, and ED-05-067.00-
02-56.00-000. Council District 4. Waiver Requests: Reduction of Parking Requirement.
Consideration of Active Recreation Area Plan.
Representatives: Mr. Greg Rishel, Pennoni Associates; Mr. Dominic Balascio, representing
ownership entity
Mrs. Melson-Williams stated that this is a Site Development Plan Application. This is a project
for mid-rise apartment buildings with a total of 385 units. The property is just over 31 acres of
land to start with that is zoned RG-5 (General Residence Zone for Mid-Rise Apartments). They
are seeking one Waiver Request and that is in regards to a Reduction of the Parking
Requirement. This evening the display shows a location map aerial of the area. It is located to the
north of College Road and adjacent to the railroad corridor. On the site, you can see that it’s four
parcels of land that are currently open land, wooded, and have wetland areas. The surrounding
uses to the north are the Fork Branch Nature Preserve. To the east across the Fork Branch (creek)
is the main campus of Delaware State University. To the south is a residential neighborhood that
has a variety of zoning classifications including the RG-5 (General Residence Zone for Mid-Rise
Apartments) and other One Family Residence Zones where there are single family detached
houses and manufactured home units. To the west across the railroad tracks is the College
Business Park which is an industrial/business park with a number of office and other warehouse
type buildings. The project tonight proposes construction of the continuation of Raymond Street
to the west and then Railroad Avenue to be constructed along the railroad tracks to terminate in a
cul-de-sac. These roads are to be constructed to City street standards. Previously, there was an
attempt at some Subdivision Waivers associated with the road network. Those waivers were
recommended for approval by the Planning Commission and by City Council, but ultimately the
action taken by Council was vetoed by the Mayor. The subsequent request to override that veto
was unsuccessful so the Subdivision Waivers were not approved. What that means is the streets
must be constructed to the City of Dover street standards. That places a limitation on the length
of the cul-de-sac street and requires sidewalk on both sides of those street frontages where the
property owner has adjacency. Focusing on the development of the private lands this evening,
the proposal includes two buildings that would be six stories in height. The first floor of each
building is given to a parking level and then floors two through five are a series of apartment
units. The apartment units are a mix of studio, one bedroom and two-bedroom units. This project
did go through the Preliminary Land Use Services (PLUS) review process with the State. The
applicant has provided their response comments to those PLUS comments, and they were made
part of the application package for tonight’s meeting. There have been a number of applications
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in this area that are referenced in our Report. Initially, the tracts of land were annexed into the
City in 2006 and there have been various attempts at other development and actually a Rezoning
that occurred in 2011 to bring these properties to the RG-5 (General Residence Zone for Mid-
Rise Apartments). That RG-5 (General Residence Zone for Mid-Rise Apartments) has a series of
bulk standards and for mid-rise apartments, they are required to have a certain lot area per
dwelling unit which the project does meet. There are setbacks that are established. There is a
requirement that 20% of the total lot area be dedicated to open area and not encumbered by
building or parking facilities; and they have met that requirement. The RG-5 (General Residence
Zone for Mid-Rise Apartments) also includes parking requirements. The parking requirement
overall based on the Zoning Ordinance would be a minimum of 2 parking spaces per dwelling
unit plus an additional 0.25 spaces for visitor parking. That is a total requirement of 2.25 parking
spaces per dwelling unit. With this project, given the number of units that would be a
requirement for 867 parking spaces. They have identified on their plan a total of 683 parking
spaces and are seeking a Waiver to Reduce the Parking Requirement for the project site. They
have provided a letter outlining the details of their request citing the types of units and some
comparisons in other jurisdictions to what parking rates do consist of and she imagines that the
applicant will expand on that in their comments. The project includes a number of the typical site
improvements that are required in our Zoning Ordinance including bicycle parking, upright
curbing for all of the parking areas and road networks. The main access to the site is off of the
cul-de-sac at the end of Railroad Avenue with a second entrance also from Raymond Street on
their property which brings you into the parking lot area. The buildings are surrounded by fire
lanes which meet the rear emergency access provisions for the site. There are a series of
sidewalks that circulate through the parking lot areas and to the buildings and then ultimately
link to the recreation areas for the project (that is what is depicted on the screen now).
The green shaded areas are the various components of the Active Recreation for this project site.
That Active Recreation Area was reviewed by the City’s Parks, Recreation and Community
Enhancement Committee last week and they recommended approval following the Staff
recommendations and the clarifications that the applicant made in their presentation of the
Active Recreation Area Plan. They are required to provide 1.61 acres of Active Recreation Area.
They are providing 1.67 acres and it consists of a number of outside amenities including a multi-
sport court, a sand volleyball court, a picnic pavilion with tables, a paved walking trail which is
along the eastern edge of the parking lot area that then brings you to the wooded walking trail.
Along that wooded trail is a series of outdoor fitness stations for use. Additionally, in each of the
buildings on each floor, there is a yoga and fitness type game room that is provided on each
floor. So, they have a number of recreation amenities to satisfy various recreational needs of
their residents at that facility. By reference, she would include the review of the Active
Recreation Area Plan in the comments this evening.
The site does include areas that are in the Flood Hazard Area. The City’s Zoning Ordinance does
not allow for development in that area. That is predominantly found in the far eastern reaches of
this project site and no development is proposed in those areas. Additionally, there are areas of
wetlands and likewise, no development is proposed in those areas. There is a riparian buffer of
50 feet that will be established from those wetland bodies that are on the site either by retaining
the existing woodland areas in those areas and also augmenting them with additional plantings.
The project includes a tree planting plan. It is required to have 158 trees. The site as shown right
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now is showing 268 trees. They are preserving almost 85% of the existing woodlands on the
project site as part of their plan development.
With this application, she would reference the DAC Report. It does include comments from the
various agencies. Planning Staff has reviewed the plan and identified some items for correction
or clarification. They are also recommending approval of the parking reduction for the site and
also noting some suggestions for site improvements related to locations of the some of the
handicapped parking and bicycle parking. Some of the areas that are adjacent to the parking on
the north are to include the recommended fencing along those areas for the Fork Branch Nature
Preserve (as recommended by DNREC Staff). There are recommendations that we suggest for
the use of native tree species given the proximity to existing woodland that is there. They are
also encouraging the project to contemplate the installation of electric vehicle charging stations
to plan for future use of amenities. The other agencies providing comments include the
Department of Water/Wastewater for the site as it would need to connect to City water and
sewer, the City Electric Department, and the City’s Office of the Fire Marshal has reviewed the
Site Plan and also will ultimately review any building and construction plans as well for fire
protection measures. DelDOT has provided comments which include that the application will
need to move through their Development Coordination Review process and that DelDOT will be
looking at in particular the intersection of College Road and Mishoe Street which the initial
connection to the State road network for this project. The project also will be reviewed for
sediment and stormwater management planning as really a joint effort between the Kent
Conservation District and DNREC because this site is a Brownfield site so there are some
additional requirements to manage through the remediation of the Brownfield areas located on
the property. So, Planning Commissioners are looking at a Site Development Plan with one
Waiver Request that being for the Reduction of the Parking Requirement.
Mr. Rishel stated that he is here this evening with a colleague from Pennoni Associates, the
applicant, and also the project architect who can elaborate especially if there is any particular
items or questions about the building architecture. As Mrs. Melson-Williams highlighted, this is
a by-right use in the RG-5 (General Residence Zone for Mid-Rise Apartments), a permitted use
by-right. Given the size of the property and the allowable density, this project is only proposing
about 26% of the allowable density of the site. There are floodplains and wetlands on the site and
there is no disturbance proposed or development proposed in either one of those areas. As Mrs.
Melson-Williams highlighted, they received a recommendation from the Parks, Recreation and
Community Enhancement Committee last week. The parking waiver is being respectfully
requested; there is a letter in your packets that outlines the analysis behind that. The reduction
that they are looking for and the justification for that is based on where Dover’s Code bases
parking requirements on number of units. They are focusing on providing parking based on
number of beds. That was how they looked at their analysis in comparing it to other local
municipalities in the area. With these buildings, 86% of the units in these two buildings will be
studio or one-bedroom apartments; so, a majority will only be studio or one-bedroom
apartments. Planning Staff does recommend approval of the Waiver. While the City of Dover’s
Ordinance requires 2.25 spaces per unit, they are proposing 1.8 spaces average per unit. They are
still providing for some overflow in visitor spacing in that analysis. He will further note that they
have looked at an alternative Site Plan and they could pull it up if need be, whereby they can be
fully compliant with the Dover parking requirement at 2.25 spaces per unit with the addition of a
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structured parking garage onsite. That would go near Building kind of in the front of the site. Not
only would they be able to meet the parking requirement, they could exceed it with a six-story
structure and still comply with all other zoning regulations. It would actually be able to add up to
an additional thirty units of density with that. The applicant does not want to utilize that option.
They are happy with the number of units being proposed with the plan that’s before you but they
have prepared a plan and analyzed that it could be done without the waiver and with the parking
structure. They have read through the Planning Department’s Report and their comments and
recommendations, and they have no objections to any of those. Traffic was brought up last week
at the Parks, Recreation & Community Enhancement Committee as being somewhat of a concern
on this particular site. As they went through the PLUS Process with the State and presented it to
the various agencies including DelDOT, the number of trips falls under the threshold of where an
Area Wide Study fee would apply. DelDOT has indicated that they would except that in lieu of a
TIS (Traffic Impact Study) for this project.
Mr. Hartman asked what the 26% allowable density is based on. Responding to Mr. Hartman,
Mr. Rishel stated that the gross site area of 30.5 acres.
Mr. Hartman asked if that is based on unusable acreage as well. Responding to Mr. Hartman, Mr.
Rishel stated that it was based on the total. Maximum density per Dover Code is 900 SF per
dwelling unit. So, it you take the gross site area and break it down, the site maximum density
could be allowed to be as high as 1,400 dwelling units. It is actually a little over 1,400 dwelling
units but obviously a majority of the site is in the floodplain and wetlands, so it gets a little
difficult to physically achieve that especially with parking. That is why the Plan before you is
only 385 units with the parking that they have.
Mr. Hartman asked if he could have Planning Staff address the density. Is it correct that the site
could accept 1,400 units? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the
RG-5 (General Residence Zone for Mid-Rise Apartments) has a minimum requirement for lot
area of 900 SF per dwelling unit. So yes, if you took the total area of the site and did that math
problem they could be eligible for over 1,400 dwelling units on the site. That could be further
limited by the number of stories and the ability to fit those units and the required parking
associated elements and other elements with that. With the simple math is yes, it could be as high
as that density. That is the density controller other than the fact that the RG-5 (General
Residence Zone for Mid-Rise Apartments) requires that 25% of the property remain as open
space not encumbered by building or parking.
Mr. Hartman stated that there was a comment by one of the neighbors about the access. The
danger in a 24-foot road with parking on the side that would present a safety hazard to
responders and a hazard to people in the area. How do you answer that? Responding to Mr.
Hartman, Mr. Rishel stated that the City’s minimum width for a two-way street is 24-feet wide.
That is also the same width that is required by the City’s Fire Marshal for fire lane emergency
access. If parking is to be proposed on either side, you have to increase the width of the cartway.
Mrs. Melson-Williams can keep him straight here, but any street that would be 24-foot wide
would not have parking allowed on either side. On this particular plan that you have in front of
you, Raymond Street which is being extended would be extended as 24-feet wide which would
not allow it and would be signed as such to not permit parking on either side. Railroad Avenue is
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showing parking on one side of the street as sixteen spaces of parallel parking. They are not
included in their requirements for the parking onsite. That cartway is wider. It is 24-foot plus the
additional width for the parking space itself and that’s in line with the City’s subdivision
development requirements. If you have parking on one side, he believes that it is to be increased
by a width of four feet so that would be a 28-foot wide cartway and if you have parking on both
sides, it’s to be ten feet wider or 34-foot wide. They are actually proposing wider than 28-feet;
they are proposing a 32-foot wide cartway on Railroad Avenue. You would still have an
unimpeded full 24-foot wide access for emergency vehicles with parking only allowed on one
side and the other side would be signed not to be parked upon.
Mr. Hartman asked if we have an area with 24-foot-wide access that contains 1,400 units.
Responding to Mr. Hartman, Mrs. Melson-Williams stated that there are a number of streets in
the City of Dover that may only be 24-feet wide. In looking for an example with that kind of unit
count it is not likely found here in Dover. Most of our apartment complexes do not have that
number of units within them but their access drives are typically 24-feet wide because of the fire
lane coverage. She is not sure if Mrs. Gray, the Planning Director has any other thoughts on that
response.
Mrs. Gray stated that she would defer to Mr. Lyon to see if he had any thoughts as she does not.
Mr. Hartman stated that it just seems to him that that’s a fairly restricted area to have a maximum
of 1,400 units. He understands that it’s not what they are proposing, but if our Ordinance allows
for 1,400 units in an area like this, that should be a concern for the City of Dover. Responding to
Mr. Hartman, Mr. Lyon stated that he is not aware of anywhere in the City that has that sort of
density; however, there is an apartment complex behind Blue Hen Corporate Center with a 24-
foot wide road throughout the apartment complex. He will also mention that Garrison Oak
Technical Park is a 24-foot wide with no parking allowed on it. There are roads in the city that
have this kind of dimensions.
Mr. Hartman stated that he couldn’t understand anything that was said but he will ask a follow-
up question for Planning Staff. Is this apartment a first of its kind here in Dover? Responding to
Mr. Hartman, Mrs. Melson-Williams stated that we have very few properties that are zoned RG-
5 (General Residence Zone for Mid-Rise Apartments) in the City. This is the first new
development of an RG-5 (General Residence Zone for Mid-Rise Apartments) property that she
can think of. There are certainly other apartment complexes that are out there existing that have
well over 300 units in total. She believes that Mr. Lyon was referencing the Blue Hen
Apartments project which is behind the Bleu Hen Corporate Center between there and
Schoolview. She believes that unit count is as high as that but the sheer number of units is
somewhat unusual for the City of Dover. But it is also what is contemplated in an RG-5 (General
Residence Zone for Mid-Rise Apartments) zoning.
Mr. Rishel stated that DSU has student housing. He knows that it is not similar. Student housing
is a little different from apartments but they have a similar density on campus and they have 24-
foot wide drive aisles and access cartways. Forgive him for not remembering the name of the
development but it is a 55 and older age restricted community with 5-story buildings and it looks
fairly recently constructed. He believes that it’s called The Grande. They are a similar
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development and also have 24-foot wide access ways. Just to reiterate, there were Waivers that
were previously requested for streets Raymond and Railroad with regards to design. They are not
seeking those any longer. The design fully complies for the City street and design requirements
with regards to cul-de-sac length, right-of-way width, and sidewalk on both sides.
Dr. Jones stated that her question concerns the Active Recreation Area Plan. Do you anticipate
that your residents will be all adults or a large percentage of adults and if so, why? Responding
to Dr. Jones, Mr. Rishel stated that he may ask the applicant to step in to answer this because he
knows that they did a market study. It is going to be not restricted. The target is going to be
probably younger adults considering the proximity to DSU and there may be some students that
may want to live off campus. Almost 90% are single bedroom or studio apartments. They are
thinking that they will be younger adults in their 20s or 30s and potentially older.
Dr. Jones stated that she looked at the Active Recreation Plan and she didn’t really see anything
that would speak to perhaps having family gatherings. Responding to Dr. Jones,
Mr. Rishel stated that they do have a pavilion.
Dr. Jones stated that she means activity wise. Responding to Dr. Jones, Mr. Rishel stated like
play equipment?
Dr. Jones stated yes, play equipment. Responding to Dr. Jones, Mr. Rishel stated that again, the
target audience is a little older.
Mrs. Welsh stated that she is having a hard time hearing everything, but she had a question on
the issue of a dorm situation. She just heard the discussion about mostly adult residents. Is it
going to be mostly adults or is it anticipated that it will be more of a dormitory situation for the
apartments? Responding to Mrs. Welsh, Mr. Rishel stated that it’s definitely not going to be
dorms. It is not intended to be used that way at all. There is just an understanding given the
proximity of DSU and the need for off-campus housing, that there might be a higher population
than another apartment complex in another area that wasn’t close to a university. That there
would be some market there for those types of residents.
Mr. Balascio stated that the units have been purposely designed so that they cannot result in
dorm-like style living. They are simply not setup for that. They don’t have the shared bedroom,
the shared common space within the unit or anything of that sort. They purposely did that. They
looked at what dorm apartments look like and purposely made sure that they were not designed
in that manner so that it could not result in that. It is something that they do not want because
their market study tells them that they are going to get a lot of first responders, military and
police, and even some nurses. A smaller percentage would be older adults going back to college.
These people could be in their 30s that have decided to go back to college. The architect is
present tonight in case you have any questions for her. She is very familiar with the floor plans
and anything else about the architectural components of the site.
Mrs. Welsh and Mrs. Malone stated that they could not hear what was just said. Responding to
them, Mr. Balascio stated that the units have been purposely designed so that they will not be
dorm style living. They have no shared bedroom space and they have no shared common space
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within the units themselves. They are simply not big enough and they are targeted for a single
occupant in the one bedroom and studio units. The market study has said that they would get first
responders, military, police, and college students that would be looking at the units. Again, they
do not want dorms and they purposely did not take the approach to having dorms for this site.
Mrs. Welsh stated that she heard the intention was “no dorms” and that was her concern.
Mrs. Maucher opened a public hearing.
Mr. Andre Boggerty – 229 Pebble Valley Drive Dover, DE 19904 (City Council Member At
Large)
Mr. Boggerty stated that he wasn’t going to speak but he is a little bothered by what he just
heard. He gave the engineer and proposed developer audience, and went to the site to look at it
himself with another Council member who he won’t name because they are not here to confirm
or deny what they heard. What frustrates him is what he just heard. At the last Council meeting,
they granted a Waiver for parking but that was based on what we were told. He just heard, unless
he overlooked it, that you can meet the standard with a parking garage. That frustrates him that
you would want to take a shortcut to jeopardize the safety of our city and the safety of potential
students or targeted individuals who are there. Our mission in part is that they are to ensure the
safety of our city. He doesn’t want any developer or anyone coming in who will come to our city
and build something and not meet the standard when it’s possible. You just told him that you are
not willing to meet the standard by building a parking garage. If you didn’t tell him that, the
other question then is he is left to his own thought. He just heard that there is potential for
growth. So, who is to say that now that you have potential for growth, sometime later after you
build it and it’s going to be filled? We have a shortage of housing. So, we need housing, but we
need safe housing. So, what are you going to do now that you are not already planning your
phase 2 and occupying more area because you’re not telling us everything? He is concerned that
you are not being forthright and had he known that the parking issue could have been resolved he
would have voted for that. He wouldn’t have moved forward with allowing some waiver for that.
So for that, he is going to ask the Planning Commission to really look at the heart of the issue.
Have we been told the truth, is this safe and can we trust the developers that are before us? We
need housing. Delaware State Housing (University) is growing and it’s part of our hub, but he
wants people who are really going to be honest and partner with the City and not just build
something really fast to fleece our City and our community.
Mr. Travis Sudler – State College Road Dover, DE 19904
Mr. Sudler stated that his question and concern is how are we talking about this building when
we have no access to it. We are talking about building on property that you can’t get to. We are
still debating on how we are going to get to this land. You are up here listening to the actual
construction of the property and that’s telling him, like what he heard tonight, that this street has
been approved to run through his community. By holding this tonight, you are telling me already
that you are going to go ahead and approve the street through his community without fighting for
other alternative ways when he made the request to City Council and to people personally. You
know my family and he doesn’t know why we are playing this game.
Mr. Sean Lynn – State Representative
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Mr. Lynn stated that he was here tonight in opposition to the project. As he communicated to the
attorney for the developer, Mr. Dominic Balascio months ago, he has received an outpouring of
opposition to this project from the entirety of the community in and around College Road. A
community in which with many of you, he serves. The reality is this, that while he thinks Mr.
Travis Sudler made an excellent point earlier that while this community does need affordable
housing, we need affordable housing in areas in which it’s safe and prudent to develop that
housing. There simply is no project like this within the city limits of the City of Dover. The
closely similar project would be the Blue Hen Mall Apartments; however, he thinks that the
major distinction between that project and this is that that project is serviced by Bay Road; a
multi-lane highway. The only other projects that he can think of is Leander Lakes out by Dover
High School, which again as the Planning Office will tell you, we have done significant work
over the years to make Route 8 and flowing into North Street, the main new thoroughfare into
Downtown Dover. That is where development should be because Route 8 can handle the
capacity. He has been blessed over the years to represent in his other hat, a variety of apartment
owners and probably the largest apartment owner in the City of Dover. The only project that we
have even remotely like this in our inventory would be Silver Mill Apartments. The road
Hiawatha Lane which is the road that services Silver Mill Apartments is not the same size as the
roadway projected by this unit and certainly doesn’t have the amount or capacity that this unit
would suggest. The reality of it is that this is not an appropriate location for a project of this size.
College Road and Saulsbury Road can’t handle the capacity. If anyone in this room has been on
Saulsbury Road trying to get home during rush hour or trying to get to work in the morning, you
know that it is next to impossible to go anywhere quickly on Saulsbury Road. We are talking
about adding 600-800 more vehicles onto the already congested arterial roads in and around this
area which would include College Road and Saulsbury Road. We already have major safety
issues along College Road. The City, the members of City Council, and the Mayor, we worked
together to install a pedestrian crosswalk unit on College Road to allow Delaware State
University students to cross the road safely. They installed that unit because there were issues
with traffic and traffic flow in and around College Road. It presented a legitimate safety concern
with students from Delaware State attempting to cross College Road to get to their residence.
Now we are talking about adding 600-800 more vehicles to an area that is already unsafe and is
already being serviced by a H.A.W.K. unit. For all of these reasons, he would ask that the
Commission deny this application. It is simply the wrong place at the wrong time and again; it is
not as if they have not communicated this to the developer. Dozens and dozens of constituents
have called his office opposing this project. When he first got word of it, he is lucky that he and
Mr. Balascio have worked together at Hudson, Jones and Jaywork probably 20 years ago where
he was an attorney representing some developers in and around the State of Delaware. He
communicated to him that he oppose this and this isn’t good for his community and please place
it elsewhere. Regrettably they haven’t listened and they are trying to force through with this. It is
not wanted; it is unsafe and he would ask this Commission to deny the application.
Mr. Bill Hare – 965 Westview Terrace Dover, DE 19904 (City Council Member – Second
District)
Mr. Hare stated that he heard some things tonight that made him wonder but first he will address
the parking issue. He guesses when the firefighters, the police and the nurses come to rent one of
these places, they are going to have to be an abstinence person. They don’t have a partner that
can sleep in a bed with them that has two cars. He doesn’t know how that means that we don’t
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need the parking that we have required. Most firefighters, police and nurses that he knows have a
significant other that lives with them. He can’t see waiving the parking at all especially when
they said that they could meet the requirements. Following up on what Mr. Sudler said, he was
out there looking at this property. He doesn’t know that there has been a confirmation on how
they are going to get back there. He looked at the red things that they stick in the ground and
someone was going to live in the mobile home there. If this project gets approved, then this main
road is going to be ten feet outside of his front door. He doesn’t see how that is considered right-
of-way. They are going to take down 15-20 trees in front of this mobile home and then put a road
right through there so when somebody comes out their front door, they are going to have to make
sure they are looking for cars so that they don’t get hit. When he first heard of this project, it was
like 200 units and then he read that it was around 300 units and now it’s 385. He was told that
project change so does that mean that if it does get approved that maybe they can just do 600 or
700 units because “projects change”. He just doesn’t see how they can waive the parking and
proceed ahead to approve this when he doesn’t even know if access is approved yet.
Mr. James Paige – 355 Rita-Wilma Road Dover, DE 19904
Mr. Paige stated that his questions go to the Committee. Why would you even take the time to do
what you are doing now when they don’t even meet the requirements by the City of Dover? They
want all these waivers. They would do this and that and shorten their parking. If you know
you’re not straight when you come, don’t come. Don’t be asking for favors. The prime example
in the City of Dover right now is that you can’t even park your own car on the grass. If you know
that, why are you going to try to bring a car in to park on the grass? You can’t be excused for it
so why stoop or change your policies just to please someone else or for the revenues. They are
asking for too much and he doesn’t trust them. Is the main entrance College Road and Mishoe
Street? Picture this, you put a stop light right there with the traffic that we have on that road, no
one on College Road would get through and no one on the other side on Mishoe Street would be
able to get out. Have you ever been in the traffic when the train stops with traffic backed up both
ways? You would be there all day. The next thing is college students. This thing is being built for
basically 30 year old first alert people. What will someone with a child that wants to continue
their education over 30 do? If they do have a child, what is the child supposed to do when there
is no school? He saw no facilities for the kids to play on. So there are a lot of things that we need
to think about. Not we, because we already know that we don’t want it. You all need to think
about it before accepting it. He thinks that he is a pretty intelligent guy but for his own sake,
there was a question asked earlier on the voting. He has never heard someone answer yes or no
by saying “present”. What does that mean? Responding to Mr. Paige, Mrs. Melson-Williams
stated that in Mr. Hartman’s earlier vote, he was choosing not to vote “yes” and not to vote “no”.
He basically voted that “yes he was present” but he was really abstaining from voting on that
application.
Reverend Raymond Fisher – 315 Raymond Street Dover, DE 19904
Rev. Fisher stated that his concern is that you get a toe and you want a foot. When he says that
he means that they will say anything right now to get what they want. Once they get that, they
will want something else. For we who have been there for so long, he has been there for 60
years, it is not fair for somebody to come in and get what they want and forget about the people
who have spent so many years in a particular area. Secondly, he is concerned about children. He
loves children and it would bring so much traffic back there that it would not be safe for not only
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children but for adults. Right now there are some handicapped people living back there. Even
now during DSU Homecoming, people park on Raymond Street and Mishoe Street; and they are
mostly young people. He doesn’t drink but they say when you get that fire water in you, you are
not fully conscious of what you are doing. He would give his life for saving a little child who
happened to be playing or crossing the street and someone drives through there intoxicated and
kills the child. He is strictly against that. There are other properties around so, why there? Is it
because it’s a black community? He is going to say it like he feels it. They can’t help that they
are black. They can’t help that they own the property that back then was very cheap. His
grandfather worked for DSU washing dishes for 35 years. When he bought that land, it was dirt
cheap because no white person wanted to live back there. So, why now that somebody wants to
make a fortune? He gets letters all of the time to sell his property. No, he isn’t selling unless you
are going to give him what he wants and he doesn’t think you can afford that. He is concerned
about safety and senior people who some live in Mishoe Towers. Those people have lives and
they may not mean much to the developer but they mean a whole lot to him. He is a preacher and
he is concerned about people’s lives. He asks the Commission to reconsider. You can say that it
is a racial problem all that you want to. He doesn’t care what you say. Why go into a community
that has been there for years? On the other end of College Road, there is a lot of ground there and
they have for sale signs there. He disagrees with the whole thing. It’s just like cancer; if you lose
a toe you might lose another one next to it. If we give into this and they get what they want, who
says they are not going to take everything?
Dr. Wilma Mishoe – 353 Rita-Wilma Road Dover, DE 19904
Dr. Mishoe stated that she has been in front of City Council a couple of times and she has talked
to others a couple of times. She is not going to take the time to go through all of the history and
her opposition before. She agrees with everything that has been said thus far and she is
absolutely against the project. Her reason for it, and it has nothing to do with them developing
their land and building their beautiful apartments and housing. She is strictly concerned about
safety and security and the access that they chose to use to get to their property. Access meaning
coming down Mishoe Street which is a very short and then turning onto Raymond Street, which
you have already heard is not really that wide and accommodative of what they want to do. But
even more so, she has an issue with ownership because she has in her hands her survey property
maps and she has her deeds and tax bills that she has been paying. Part of what they are calling
Raymond Street is owned by her and is located in the County. She understands that some things
have taken place recently that she is contesting in terms of annexing land that she owns into the
City and she didn’t request that that land be annexed into the City. It was deemed by someone as
abandoned land when she can prove otherwise. The land was never abandoned. They have for
over 50 years now, maintained that land and she has expenditures to prove that is the case. A part
of Raymond Street that they are asking to consolidate or make improvements on is what she is
saying that she owns and she is against it. She does not want them to do anything with her land.
As it has been said, they really so far have not proposed a way to access their land other than
coming through land that she owns. She is asking and requesting that they find another way to
access their property and build the housing that they choose to build. Standing with her are her
two sons who are to inherit that land as she has inherited from her father. Travis Sudler who has
already spoken and Roy Sudler who is her older son who will speak at this time.
Mr. Roy Sudler Jr. – 5 Mishoe Street Dover, DE 19904 (City Council Member – Fourth
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District)
Mr. Sudler stated that as someone who has served this community for over 18 years in different
capacities on different Commissions, he thinks that we need to continue to put the safety of our
constituents first. Although we do need to grow and have development, we need to make sure
that our traffic and roadway network system infrastructure can handle the capacity and density in
which we are seeking to occupy. He just asks that we continue to do a great job keeping our
constituents first and putting safety first before the mighty dollar.
Dr. Mishoe stated that there are other property owners who are here tonight as well as residents
of the apartments that are on that property as well. Senior citizens, those who have physical and
even mental disabilities live in that area. This is truly a safety issue in addition to the dispute of
property ownership.
Ms. Sandra Ryder – 291 College Road Dover, DE 19904
Ms. Ryder stated that she owns property that runs along Conwell Street and empties into
Raymond Street. Her concern is that she has children and grandchildren, one of which is
disabled. Some are coming in by van and some coming in by bus. This is horrible because
everybody is going to come along that road. They already have problems out on State College
Road with a kid getting off of the bus because she can’t get off quickly. This is horrible when it
comes to her. Drivers harass you and we are already harassed and nothing is really going on.
Please somebody consider what they are going through.
Reverend Rita Mishoe-Paige – 355 Rita-Wilma Road Dover, DE 19904
Rev. Mishoe-Paige agrees with everything that has been said. Councilman Boggerty and I are on
the same page here. She had just written it down. Her training says that when you have a vision,
write it down and make it plain. She too believes that the developers have not been honest and
straight forward with us. Tonight is the first time that she is hearing that this is going to be for
college students, first responders and nurses. She thinks that they are really making up stuff. She
is completely in opposition to this project. The overflow of parking needs are probably going to
flow right over onto Mishoe Street which would be their street which is going to have some
traffic congestion there. When you are coming through Raymond Street, she walked the area
today and saw the property stakes that are where they want to come through. It has already been
said that that would be taking away part of the property that people already own. It is a straight
street and it looks like you are going to make a straight street crooked which is not good at all.
They heard about the Fire Marshal saying that he will review; so, we don’t know yet if there is
enough room for your fire trucks to come through. He is going to review so that has not been
approved. We don’t know about the EMS. We don’t know about the police. So, it is definitely a
safety issue. All of this, Rev. Fisher brought up the racial piece of it and she said that every
single property owner in that area is African American. So it did nothing but take her back to
when white Caucasian Americans took away land from the Native Americans. It seems as
though that’s what the developers are trying to do here in her opinion. They have already been
told more than once that Dr. Mishoe, her sister, owns quite a bit of that land that they want to
make improvements to and they are not for that. She is asking the Commission to vote against
this entire project and that they are trying to come through land that is not theirs. She really
doesn’t know how you can sleep well at night knowing that you have helped give somebody’s
land away.
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Mr. Sammy Barrineau – 320 Raymond Street Apt 200 Dover, DE 19901
Mr. Barrineau stated that he loves the community. It is quiet and peaceful and he gets the
exercise there. He is handicapped as he had a stroke in 2016. Since he has moved there, he does a
lot of exercise since there is not a lot of traffic in the area. He is definitely against a lot of traffic
being over there now because he doesn’t want to get hit by a car. He is learning how to walk
again and use his arms and stuff by exercising in this area. He feels safe here and there is not a
bunch of crime. It feels great staying in this area and he wants to stay safe and not have a bunch
of stuff going on to bring more traffic there. He wants it to stay like it is because he feels more
peaceful and a lot safer there without having a bunch of traffic. He has his kids with him and he
wouldn’t want a car to hit him while he is walking with his kids. Bringing more traffic to the area
will cause a big problem for him and his kids. He really appreciates if the Commission does not
bring more traffic in there.
Ms. Michelle Hughes – 320 Raymond Street Dover, DE 19904
Ms. Hughes stated that she also agrees with everything going on. She is totally against the road
going through there because it’s dangerous. They live in a good community and she likes it the
way it is.
Mr. Lewis Jackson – 320 Raymond Street Apt 306 Dover, DE 19904
Mr. Jackson stated that for the last ten years this has been his home and just the thought of them
bringing another road through there is heartbreaking. They have kids that are handicapped that
live there. What are they going to do? He hears about firemen and nurse’s aides but what about
the elderly? He is 70 years old and if they bring a road through there, what is he going to do? He
hopes that the Commission doesn’t approve it because it going to do a lot of people harm than
good.
Ms. Pilar Sudler – 17 Tallowick Lane Dover, DE 19904
Ms. Sudler stated that she is a very great advocator about economic development and growth.
She moved here from Seattle, Washington 17 years ago and she knows what a big city looks like
and she misses that a lot. It cannot be done when you are approving multi-family developments
that she has seen from 17 years of living in the city with no roads. The commuters that come
from Route 8, they only have Loockerman Street which is a two-lane street, Forrest Avenue
which is also a two-lane street and College Road which is a two-lane street. If we continue
approving developments of this size, they have to be done with transparency and with great
planning. You have to take into consideration the residents who already live in Dover that have
to use those very congested streets. Right now, from what she hears here tonight, this project is
lacking all three components. There is no transparency, it’s very poor planning, and we are
taking into consideration the already stakeholders that already live in the City of Dover.
Mr. David Anderson – 217 Cecil Street Dover, DE 19904 (City Council Member – Fourth
District)
Mr. Anderson stated that he wanted to thank the Commissioners for their service and he has the
utmost respect for their expertise. He knows that they will come to the right decision on those
issues and he is not going to in any way second guess that. You already have his written
comments about the parking waivers so he is not going to rehash that. The one concern that he
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has, has nothing to do with zoning but he wanted to ask the Commission to consider tabling this
issue for legal review because there is a dispute in some areas of ownership of the property
which is currently working its way through the legal system. He just thinks that it would be very
wise to have our Solicitor review to see if he believes that it may have merit if it goes to court or
not. If it does have merit, then it should wait for that process to continue. If he doesn’t believe
that it does, then that opinion will allow the Commission to make their decision either way. He
just thinks that until the ownership of certain parcels and the right of ways that would be taken to
build the roads, until that it taken care of, he doesn’t believe that it is a prudent idea of one who
deals with the City’s finances. Us okaying that wouldn’t be prudent at this time.
Mr. Robin Christiansen – 714 Carol Street Dover, DE 19901 (Mayor of City of Dover)
Mr. Christiansen stated that he still has great concerns about the traffic and safety of the
development being put behind Raymond Street, but he has a bigger issue concerning this project.
One of the major reasons that back in colonial times that we fought the British was for property
rights. He agrees with Councilman Anderson. He thinks that this should be put up for review to
ascertain who owns the property before we map out streets and other amenities. Because all that
you have in this lifetime is your God, your family, your good name and if you are fortune enough
to have any property, that property. He is not here to try to influence in any way whatsoever. He
still has the safety concerns which now are exacerbated by who owns the property and until that
is settled, he would ask the Planning Commission to table any further movements on this
property.
Ms. Lisa Dawn Bentley – Loockerman Street Dover, DE 19901
Ms. Bentley stated that she lived on her own for 3 years. People kept bringing in trash. She
would take the trash out and they would bring it in. There is a garage nearby and a little light
would come on when she walks near it. People brought her trash back in while she was asleep.
She doesn’t know who. (Couldn’t hear the rest of her statements)
Mr. Roy Sudler Jr.– 5 Mishoe Street Dover, DE 19904 (City Council Member – Fourth
District)
Mr. Sudler stated that he also wanted to point out that they have a petition from their community
with 46 signatures. He didn’t hear anything about a petition of opposition. We also have
individuals for the public hearing that are online that we need to hear from. He would like to ask
that during this time of the public hearing, is it for the public or is it also for the applicant to
come back and speak? Responding to Mr. Sudler, Mrs. Maucher stated that after public comment
they will go back to the applicant.
Mr. Sudler asked if the public could come back to speak after the applicant? Responding to Mr.
Sudler, Mrs. Melson-Williams stated that typically they do allow the applicant to return to the
podium in order to address any questions that were raised during public testimony or for
additional questions that the Planning Commission may have a result of what they heard during
public testimony.
Mrs. Melson-Williams stated that she wanted to enter into the record the written comments that
they received. These were received today and they were distributed by email and also a hard
copy to the Planning Commission members. This is the public comment for S-23-06 College
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Road Apartments at Railroad Avenue/Grove Street. These comments were received as of 2PM
this afternoon. Item #1 is an email of March 20, 2023, forwarded by Mrs. Andria Bennett, the
City Clerk, on behalf of Dr. Wilma Mishoe and it had several attachments. By reference she is
going to read the name title wise. Item #1A was a petition against S-23-06 and it outlined three
items in particular: the waiver request for the reduction of parking requirements, the traffic safety
problem with a 24-foot-wide pavement, and a safety analysis or a traffic impact study. That
petition, after outlining some statements, does include a series of signatures. The list consists of
46 individuals, some of which have spoken this evening. Just for reference purposes there are a
variety of addresses on Rita-Wilma Road, College Road, a number of residents from the Mishoe
Cove Apartments that outlined their unit number and other addresses on Raymond Street and
some other locations like the Whatcoat Shelter and addresses on College Road. Item Attachment
#1B to that submission is a letter of November 4, 2022 from Ms. Shannon Owens Esquire on
behalf of her client Wilma Mishoe regarding Raymond Street also known as Jason Street. That
references the question of ownership. Item #1C is a letter of November 29, 2022 from Mayor
Robin R. Christiansen which outlines his veto of the City Council actions regarding the
Subdivision Waiver and as reported previously, that veto was not overridden. The second item in
this set is Item 2, an email of March 20, 2023 from Councilman David Anderson on the parking
waiver noting constituent concerns on traffic and parking that had reached out to him. That set of
public comments is entered into the record and at this point we will go to participants that have
joined online.
Ms. Kaylynn Daniels – Resident Advisor at Mishoe Towers – 320 Raymond Street Dover,
DE 19904
Ms. Daniels stated that she has 17 residents who would like to speak but she believes that she is
the consensus and would like to do so. They are against the plan in looking at the traffic
proposals to extend our cul-de-sac for access to the back 30 acres for development. College Road
at this time, is already overrun with traffic. They have traffic from DSU students, both car and
foot traffic. There is a big concern with the Door Dashers blocking the western gate. There is a
bottleneck already where the student crossing is. We have an overflow of traffic from Whatcoat
Shelter and Social Services and not to mention all of the traffic that comes into the College
Business Park. A big concern is also North Dover Elementary School with drop-off and pick-up
that is actually on College Road. The buses are on College Road and the parents are on College
Road twice a day. They also have an overflow of traffic from Presbyterian Senior Living, which
locals refer to it as Westminster Living. The expansion of this road will just simply be an added
over flux of traffic. She doesn’t think that they are taking into consideration the foot traffic of the
students trying to get to campus. It will just be a total disruption to our tranquil neighborhood
back here. They have to take into consideration the construction vehicles. The street will be
widened so that emergency vehicles can go through and there will be much more personal traffic.
We are talking about 385 units with an access of over 680 parking spaces. They are just a small
community comprised mostly of elderly and disabled people. This will totally change and disrupt
our life. They are all for housing. They are against this expansion of our cul-de-sac. They vote
no. She is the residential advisor for Mishoe Cove and she is also an outreach worker for
Brandywine Counseling. So, she kind of always has her ear to the street has to what they need
and what they would like. Again, she has fifteen residents and a few students from the Courtyard
Apartments who are also concerned about the expansion here. Many developments are
practically located directly across from Mishoe Street so that would be a big concern for them.
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She actually has three representatives from some of the three apartment buildings over there who
are quite concerned about this proposed expansion, and they also vote no. They are against this
associated plan.
Mrs. Maucher closed the public hearing.
Mr. Hartman stated that after reviewing this without the benefit of the public comments, his main
concern was property rights. He believes that it would be enough to hold up this application by
tabling it or delaying it. Looking further about the concerns with safety, especially with all of the
neighbors, he doesn’t believe that we should take an opinion from DelDOT that a study is not
necessary. He doesn’t believe that we should reduce the parking. Everybody has that valid
opinion that it is going to create a problem. To quote one of the speakers, “they chose the
shortcut”. Also, people were concerned about it not being a safe location for this. Every member
here wants good and safe housing. The main concern is safety and everybody that has spoken
doesn’t believe that it is going to be a safe place because of the traffic and the access. Unless he
has some argument from his fellow Commissioners, he intends to propose that they deny this
application outright rather than table it.
Mr. Balsacio stated that there are a few comments that were made that he would like to politely
comment on. Especially what Mr. Hartman just said because there is a little bit of confusion
going on. The Planning Commission is in a tough spot tonight and he realizes that. With the
comments that he is about to make, he politely says and also Mrs. Gray and Mrs. Melson-
Williams can confirm what he is saying. As he goes through each point, they can be confirmed.
First, their use that they are applying for is a use by-right under the Code. This is not a
Conditional Use. This provided for in your Comprehensive Plan, it’s provided for in the Zoning
Code, and it’s provided for in the Subdivision Code. They meet all of the requirements except for
one requirement which is the Parking Waiver. They did not take a short cut on this. It came back
to them with comments that they received from the Planning Department that they were going to
result with way too much parking. They said okay no problem, we will decrease our density and
not do as much and seek the Parking Waiver. With that being said, they can provide the
additional parking and they can remove the Waiver which means that they have a plan that meets
all of your code requirements. This is not a plan that can be denied. You guys have already said
by adopting your Comprehensive Plan and your Zoning Code that they can do this. They are
rightfully coming in saying that they comply with all of your requirements and they are seeking
approval for that. The next point, which can also be confirmed by Mrs. Gray and Mrs. Melson-
Williams, is that the Parking Waiver has not been in front of any other body. This first came up
when they did the application. He thinks that Councilman Boggerty who commented on that was
confused because it was not previously in front of any other body. This was brought up as part of
our submission to the Planning Commission and the engineer with him tonight can also confirm
that. The third point, he hears repeatedly about their density increasing. They can’t increase our
density unless they come back to you. Once this plan is approved, it is approved for what’s on
that plan. So if they came back down the road, they would have to come back before the
Commission and show that they meet all of the requirements for whatever increased density that
they are going to be putting in. They have no intentions at this point in time in doing that. Again,
to do so they would have to come back before the Commission and all of the Committees that
they have already appeared to in order to get that approval. They could not just put an additional
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Building Permit in for additional units. They would have to come back and have the additional
approval. Next, the access to the property has been brought up and Mrs. Melson-Williams and
Mrs. Gray are very familiar with this. They were asked to go in front of Mayor and City Council
and Mr. Rodriguez to have all of the right of way identified and re-annexed into the City which
was approved by Mayor and Council which Mr. Rodriguez looked at. They provided all of the
documentation for it and it was approved. Those roads go back to a Subdivision Plan which goes
back to an 1890’s Plan. Those roads have always been there. They went through and worked
very closely with Mrs. Gray, Mrs. Melson-Williams, and Mr. Rodriguez. They even met onsite
with people and met with Dr. Mishoe and one of her sons with Mr. Rodriguez where they went
over all of this. The documentation that she provided says that she is adjacent to a street. Mr.
Rodriguez looked at this because it was forwarded to him. Again, Mrs. Melson-Williams and
Mrs. Gray were a part of this. They have had since October or November to provide any
information. They have reached out to their lawyer and nothing has been heard. Mr. Rodriguez
hadn’t heard anything. The engineers that he has with him tonight, put out thousands of dollars at
the request of the City to show that “your right-of-way” is “your right-of-way. They can’t be
denied access to the right of way at this point because it is a public right-of-way and it has
already been approved by utilization of our land. That is in part why they own it and are
developing it pursuant to the Code.
Dr. Jones has brought up the point in regards to playground equipment for the kids. Again, when
they went through and worked with the appropriate Committee, the general consensus was to
exclude playground equipment. He has no problem putting in a small playground area for kids
based upon what they think it will be utilized for. That is something that they can work with the
Planning Department to identify the best piece of equipment to put in that area. They have
enough room to do it; so, they are fine with that. He thinks that ultimately what is going to
happen is that it is just going to sit there and not be utilized. Due to the configuration of the
property, they came up with more of the walking paths and put in blacktop that was going to be
for the courts and all of that kind of stuff. If that is something that you want, they are more than
glad to do it. That is the only thing that he has heard on the Recreation Plan even though it was
approved by the Committee.
With regards to the traffic study, they have already gone through this with the Planning
Department. They have spoken to DelDOT and gave them all of the calculations. They have met
that requirement under the Code. There is nothing in the Code, because they asked, that is
independent of that requirement that they have to fill; so, they have fulfilled that. What he is
saying respectfully as an applicant is, they have started on this application well over a year ago.
They were asked to go through an Annexation process to clear up the right-of-way for the City.
They did that at their expense and spent thousands of dollars to do that and they appeared in front
of everybody. They even worked with Mr. Rodriguez. Every time they have been asked to do
something, Mrs. Gray and Mrs. Melson-Williams can confirm, they have done it. They have
augmented it. They have moved the buildings around and they done everything. All of the
Planning comments they have looked at, they have said okay to. They have gone through the
PLUS procedure. They even backed off because the consensus was not to do the dorm style.
They substantially decreased the density from what was permitted under the Code. He would
respectfully say to the Commission that he understands the position that you are in. Mr.
Rodriguez knew this application was tonight and he has previously heard and has all of the
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information on that ownership question. If that wants to be addressed after this hearing tonight, it
has nothing to do with their approval. Dr. Mishoe or whoever is allowed to present whatever they
want as they go through wrapping up their Site Plan with Mrs. Gray and Mrs. Melson-Williams.
They have pulled it all. The engineers have looked at it, their title company has looked at it, and
Mr. Rodriguez has looked at it. It unequivocally goes back to the 1890’s to a Site Plan and all of
the roads are there. They have gone above and beyond to give the Commission a Code compliant
Plan that meets everything including all of the Fire Marshal codes and everything before you
tonight. What more as applicants can they do? Their property rights are being taken away from
them. He respectfully submits to the Commission that they are not permitted to deny their plan
because it is a use by-right. He knows that that is hard to hear because you want to take that
measure based upon the comments tonight but you have to look at it from their way. They
purchased a piece of property knowing that it was a use by-right and all that they had to do was
meet the Code requirements. They have gone through that process and have met every
requirement that has been asked of them. How at this point can they be denied a legally
compliant plan? He has his engineers with him if there are any of the points that the
Commissioners are stuck on. He had both of them come tonight because they are both familiar
with various parts of the project. He also has the architect here. Please take advantage of that
because they have gone above and beyond and have been a good applicant. When someone
tonight is questioning their integrity, everything that they have given to the Planning Department
and to Mr. Rodriguez has been in writing and it has not changed. He thinks that there is
confusion because when we get in front of various committees and bodies, things are said that
don’t necessarily tie in. Like when they were in front of the Parks, Recreation and Community
Enhancement Committee last week, everybody kept on speaking about parking which had
nothing to do with that Committee. They were told not to speak to it and to stick to the Parks and
Recreation points; and that’s what they did. If there are any questions, please ask. They have
been very open and honest. Again, Mrs. Melson-Williams and Mrs. Gray know that because they
have been copied on numerous emails. Mrs. Gray was also attended the meeting with Dr. Mishoe
and Mr. Rodriguez over ownership, and it was absolutely resolved that day.
Mrs. Maucher stated that it is a lawyer’s opinion. You can ask five lawyers and get five different
opinions so she is not sure that that’s significant. Responding to Mrs. Maucher, Mr. Balascio
stated that this was definitely decided. Mr. Rodriguez looked at this and all of this documentation
was given to him, Mrs. Melson-Williams, and Mrs. Gray. They had both engineers go through
with surveyors. They got another third attorney involved who looked at it with Mr. Rodriguez.
Mr. Rodriguez asked for some clarifying documents and they got them from the title company
and provided them. In Delaware, lawyers take and make all of the decisions on the title. They are
what they call the “title agents” in Delaware. They make legal opinions every day. When you
purchase your home, it’s him as your settlement attorney who does it. When you develop a piece
of property, it is him as your settlement attorney who issues titles. In Delaware, the attorneys are
the one who decide that. They provided a lot of documentation. They spent a lot of time on that
and they traced it back to its original roots. The Planning Department has the plans where they
went back to the original plan from the 1890’s and traced it all the way forward. It was always
shown on your GIS mapping that way. It was shown in the County records and the State records
that way. The County and the State both consented to the Annexations and then the City Council
with Mr. Rodriguez, approved it and they moved forward. It’s really not a step that normally
they as an applicant has to do but they did it. They went through that process and got it done.
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Again, everybody has had ample time all throughout that process to question the ownership, to
appear before Mayor and Council, or to submit something to Mr. Rodriguez. Even after that,
they met with people and they still had ample time. No one has provided any documentation. All
these documents are recorded and they are public records; anyone can provide them. They have
combed through them. The right-of-ways are where the right-of-ways are shown on their plans
which are consistent with your Annexations that were approved by Mayor and Council which are
consistent with State and County records.
Mrs. Malone stated that she searched some of this property because what really bothered her was
the ownership question. What she found was that the property was sold on September 26, 2011
from GEM Investors and then it sold again on November 11, 2011. Then the owner was College
Road Management Inc. and then Kent Storage Facilities. Is that affiliated with the Patel College
Property? Responding to Mrs. Malone, Mr. Balascio stated that those would be the prior owners
in the chain in title. They are not the current owners; they were the prior owners to us.
Mrs. Malone stated that is what she is asking. Did Patel College Property buy it from them?
Responding to Mrs. Malone, Mr. Balascio stated yes, they are the prior owners in the chain of
title but the chain of title isn’t what’s being questioned; it’s the right-of-ways. No party owns the
right-of-ways. The City of Dover holds the public right-of-way for the benefit of the public; so,
they are not in anybody’s deeds. It’s the same thing when you do a Subdivision Plan or any other
plan. When you dedicate it to the “public”, it’s a public roadway. Since the 1890’s, those right-
of-ways have been dedicated, shown on a Subdivision Plan, and have been part of City records.
They have provided all of the documentation to Mr. Rodriguez and he confirmed it.
Mrs. Malone stated that she wasn’t talking about the right-of-way. She was talking about
property that Dr. Mishoe said she owned. Responding to Mrs. Malone, Mr. Balascio stated that is
what they met with Dr. Mishoe, Mr. Rodriguez and Mrs. Gray about. The part that she is
claiming ownership to is part of the right-of-way. They also looked at every adjacent property
owner along that way and it ends at the roadway. Mr. Rodriguez was provided this information,
Mrs. Gray was at the meeting and their title to their property stops at the right-of-way like it does
for all owners of properties. It mentions the road because it says “up to” or “across” or “by that
road”, but it is not the actual road bed at all. Mr. Rodriguez looked at that and there was even a
deed that Dr. Mishoe brought up during the meeting. They immediately got that deed, showed it
to Mr. Rodriguez, and he agreed that it mentions her property running by the right-of-way but
does not cross over or own the right-of-way.
Mrs. Malone stated that you were saying that her property backs up to this property. Responding
to Mrs. Malone, Mr. Balascio stated no, her property or any of the adjacent owners is not part of
the public right-of-way. The public right-of-way is held by the City of Dover. They went through
and looked at this. All parcels are not in question. What they are questioning is if the City owns
the public right-of-way which it does. That is why that argument cannot be used to deny our
application because nobody has made a challenge that they own their four parcels. He would
hope that Mrs. Gray or Mrs. Melson-Williams could speak to this. It was completely vetted and
spoke about with Mr. Rodriguez and looked at. They suffered a huge delay and tens of thousands
of dollars to address that one issue.
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Mr. Hartman stated that if this access is so important, why don’t they as the Planning
Commission have a letter from Mr. Rodriguez rather than hearing it hearsay from the applicant?
Why wasn’t that given to the Commission in the packet? Responding to Mr. Hartman, Mrs. Gray
stated that the legal issue is not a Planning Commission or a Planning Department issue. When
talking with Mr. Rodriguez, the process was followed regarding the Annexation of the roadway
delineating the right-of-way in the road. That issue was determined to be a civil issue.
Mr. Hartman stated yet in Article 10, Section 2-22 one of the things that this Commission is
supposed to look at is “the provision of adequate access to all proposed structures, equipment, or
material on the site for fire, ambulance, police, and other emergency services.” This affects
access to this property. Why is this not a Planning Commission issue? Responding to Mr.
Hartman, Mrs. Gray stated with the issue in her perspective, the question was asked and
answered. The road was annexed into the city and the right-of-way was delineated; the right of
way was defined.
Mr. Hartman asked if the City is prepared to go to court over that? Responding to Mr. Hartman,
Mrs. Gray stated that she is not the City Solicitor; so, she cannot answer that question.
Mr. Hartman asked if it would be too much to ask for an answer from Mr. Rodriguez on this
matter? Responding to Mr. Hartman, Mrs. Gray stated that she can’t answer for Mr. Rodriguez.
She had asked him to be here tonight should any of these issues be brought up, but he was unable
to be here tonight. She will certainly be happy to ask that question of him should that be the
pleasure of the Planning Commission.
Mr. Hartman stated that that should be at the very least in his opinion, unless there are opposing
opinions of Commissioners then that would indicate that they should table this measure until we
actually have something to address what they are supposed to do. If it’s in opposition to what the
City Solicitor says, he would just like to have clarity on that. Responding to Mr. Hartman, Mr.
Balascio stated that their Plan is a Code compliant plan. They were told that in order to submit
this Plan, and Mrs. Gray can verify this, that they had to go through Mayor and Council to get
that right-of-way annexed and approved into the City which the City did that. It is officially
recorded and done. You (the City) as taken ownership over that public right-of-way but you have
already had it since the 1890’s as each property came in. Mrs. Melson-Williams and Mr. Gray
helped them go through this. Those were all identified through the State of Delaware, the
County, the City of Dover, the Planning Department, and Mr. Rodriguez; and, this was all
approved. For them to come here for this step tonight, they were asked to take and clean that up
because it was unclear when certain people came in whether when they came in if they also
identified the adjacent roadbed to their property which they are supposed to do. It was a house
cleaning amendment because the roadway was in part left behind in either the State or County. It
was a road regardless; it was whether or not the City has jurisdiction over it. What they did is
they went back and worked with those agencies, identified the parts that they believed were not
annexed in. Then they did a whole housekeeping one where the whole roadbed was annexed in
by the City of Dover. That is what Mrs. Gray can confirm. That’s what they did. It was always a
road. They didn’t take property from any individual homeowner when they went through that.
They worked with the City of Dover, the County, and the State to collectively make sure that all
of the roadbed was in the City of Dover by the time that they got done. It was always a roadbed
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in the 1890’s plan that they based it off of. They moved forward with all of the other agencies
and related deeds. They pulled every surrounding property on that plan. They pulled their deeds
and they matched it to the right-of-way. They went back pretty far in title and traced in back to
that 1890 plan which is pretty impressive to do. They have in front of the Commission tonight, a
code compliant plan. They have met all of the Codes, all of the regulations of the Codes, and all
of the fire codes. They have worked with pleasure with the Planning Department and have had
all of their comments and revised things and done what they have asked them to do and have it
documented. At this point, what more as an applicant is he supposed to do if he has complied
with all of the additional hearings that they have been asked to do. They have complied with all
of your rules, regulations and Code requirements. How can he be denied tonight? Responding to
Mr. Balascio, Mr. Hartman stated that you haven’t complied with all of the Code requirements.
You don’t have the adequate off-street parking.
Mr. Balascio stated that they were asked by the Planning Department to seek the waiver. They
can provide the parking. Their density is going to go up. They said they would take and seek the
Parking Waiver and not go up in density, if that is something that the Planning Department
wanted to recommend so that the design of the overall site looks better. He is telling you on the
record tonight, if you want them to during the process, because there is always amendments that
you do to revise the plan between now and getting all of the various agency approvals, they can
provide the additional parking. That is not an issue. As he said to Dr. Jones, if she would like to
have the children’s playground equipment on there, they will do it. Those are the only two things
that he has heard tonight and they can fulfill those things easily. The engineers have said that
they are well under the density that they could otherwise provide on this site. They can provide
that. They were just following a Planning Department recommendation where they were asked to
seek the Parking Waiver.
Mr. Hartman asked if the Planning Department asked him to provide examples from New Castle
and other areas to support your waiver. Responding to Mr. Hartman, Mr. Balascio stated that he
would have to have the engineer come down to answer that but he believes that was indeed the
case. That they didn’t just willy nilly arrive at a number. They collectively had an ongoing
conversation about how to arrive at that number based upon the size of the units and the bed
count that was going to be in there.
Mr. Hartman stated that he has a one-bedroom apartment behind his house. It’s a very small
apartment; but all this weekend, there were four cars parks in the grass from it. Responding to
Mr. Hartman, Mr. Balascio stated that if you want them to take and meet the parking requirement
even though the Planning Department thought a better design of the project was to reduce it and
not have a sea of asphalt sitting there. The issue becomes that when you have this many units and
you have the additional parking what is happening is that it’s a compounding effect. You keep on
ending up with extra and extra and extra units for parking that you don’t need because there are
so many units going in. What happens is that you end up with a drastic amount of extra units
sitting in there. That’s when the engineers worked with the Planning Department to say this is
the better number. So, they don’t end of with a sea of gray out there because this is a beautiful
property out there and we are trying to preserve. That is why they didn’t touch any of that back
part at all.
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Mr. Rishel stated that he can offer a whole lot extra. You have in your packets, the justification
letter that outlined how there were coming up with their support for their waiver. They did look
at other municipalities. They selected in the letter that was provided, four comparative areas
using the City of Newark, Kent County, New Castle County and the City of Seaford and how
they break down requirements for apartment uses. The City of Newark is 2 per unit. Kent County
says 1.5 spaces per efficiency, 1.75 per one-bedroom and 2 spaces per two-bedroom. New Castle
is similar with 1.5 spaces per one-bedroom, 2 spaces per two-bedroom, and then they offer an
overflow in New Castle County requirement which is kind of like to account for visitors and
such where you provide one space per five units on top of the spaces provided per bedroom.
Seaford is two per unit. They did an analysis and an average and showed that Dover has a based
requirement of 2.25 per unit. It really just comes down to that they feel that that’s going to be
excessive given the high ratio of one-bedroom and studio apartments that are proposed within
these buildings. It’s not that they don’t want to provide the parking and can’t provide the
parking. It’s really just to reduce what they feel is going to be excess, unused or extra paving.
They derived all of this and came up with what’s recommended. It is outlined on the second page
which the proposed parking rational breaks down this way: 1.5 spaces per studio and one-
bedroom apartments and 2 spaces per two-bedroom apartment plus 1 additional space per every
five units to account for some overflow. That is how they derived the 683 spaces for 385 units.
That breaks down if you run the math backwards to 1.8 spaces per unit average.
Mr. Hartman stated that he understands that; he read the package. You really didn’t have to that
detail. He is opposing the Planning Office accepting that as justification for a waiver for this
especially in light of all of the complaints that they have heard from the community both tonight
and in writing prior to this meeting. Middletown has a requirement for 2 spaces. He thinks
Bridgeville has a requirement for 3 spaces. Responding to Mr. Hartman, Mr. Balascio stated that
has he previously said they are fine with providing the additional parking if that’s what you want
them to do. Each time that they have worked with the City of Dover, they have always worked
with all of the committees and commissions. When they have provided insight of such to do, if
it’s something that they didn’t think of, they take it into consideration and work with them to do
it. That is what they did here and they did nothing more than that. They were just working with
the Planning Department.
Mr. Hartman stated that you keep saying that and he is going to continue to say that there are
things that should have been presented to this Commission tonight. There should have been a
traffic study. There should have been adequate parking. There should have been a ruling from
the City Solicitor on the property rights issue. You are asking the Commission to make a blind
judgement. In accordance with Appendix B, Article 10, the objectives of this Commission is “to
assure maximum safety and convenience of vehicular transit, bicycle and pedestrian traffic by
ensuring that all proposed and impacted streets, driveways and walkways are adequate but not
excessive in number”. Responding to Mr. Hartman, Mr. Balascio stated that they meet the
requirements as the engineer, Mrs. Gray, and Mrs. Melson-Williams say. In the Plan that they
provided to you, all of their sidewalks, streets and everything meets all of the Code requirements
including the Fire Marshal comments. They were reviewed as part of all of the agencies and
committees that review us before we even get here. They even went to PLUS with this and had
them review it. Again, they have offered to remove the Parking Waiver even though it was
something that was requested of them. They can work to provide the additional parking. he is
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more than glad to work with Dr. Jones on what is an appropriate piece of playground equipment
for the children. Other than that, that Code section that you just stated means that the roads right-
of-ways and sidewalks that they put in must meet your Code. They meet the Code requirements
because there is not any comments from the Planning Department or any of the other agencies
that reviewed their packets that says they did not comply. The Fire Marshal is one of those
agencies that reviewed it.
Mr. Hartman stated that they are not the Planning Department; they are the Planning
Commission and what they are required to do is listed in Article 10, Section 2.2 states “In
considering and acting upon site development plans, the public health, safety and welfare, the
comfort and convenience of the public in general and of the residents of the immediate
neighborhood in particular shall be taken into consideration.” When he tries to take these into
consideration, he has no information from the Planning Staff or the applicant.
Mr. Balascio asked Mrs. Gray if part of their packet and all of the other reviews that they had
when they submitted this was to review the sidewalks and streets that they are providing to get
here tonight. They had them reviewed. During their submission process, what they have
submitted to date shows that they are able to meet the Code requirements for the streets, right-of-
ways and sidewalks. They have a code compliant plan. There is not any comments that say that
they are not meeting the section that Mr. Hartman is talking about. That section turns around and
points to the actual Code requirements for the sidewalks, streets, and right-of-way; they will
meet those requirements. The Plan that they have right now in front of the Commission shows
that they will meet that including all Fire Marshal requirements.
Dr. Jones stated thanked the applicant for mentioning her concern for the playground. She can
sense his passion for his work and for the submission of a code compliant plan. But she does
think that there are more issues of concern this evening. She is uncomfortable with several things
that she has heard. One, they have talked about safety and the traffic patterns and traffic jams.
Those of us who live on the west side of Dover experience those things every day. She is
concerned about any legal ramifications, but moreover what she would like to say is that
regardless of what came out of the Planning Office and regardless to the code compliant plan that
does not negate a property owner’s right to contest. That is her concern and from that
perspective, she is very uncomfortable with moving forward. She thinks some things have to be
straightened out before we can go forward.
Mr. Roach stated that he knows it seems very difficult as far as all of the negative comments. He
does want to say thank you for being in compliance with the Planning Commission and working
with the consistently. That goes above and beyond so they definitely appreciate that. Seriously,
because he is feeling right now like he (Mr. Balascio) is by himself. He does want to say the
same thing that Dr. Jones basically said. They know that at times when they are here and in
charge of making a decision in regards to any type of application that comes here, they have to
do that based on what they have. So it is just like anything, if you imagine yourself being put in
that situation and being somebody who is claiming, saying or contesting the fact that they own
something, tabling it for a month after you’ve said that you have been working all of this time for
them to get more information so therefore she (Dr. Mishoe) has time to work out whatever
legalities that she is trying to argue. He feels as though for him, personally and what he thinks
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there are all here saying as a Planning Commission, they are not negating his point. You are
absolutely right; it is code compliant and it’s an acceptable use. He gets all of that because he
doesn’t want apartments there but you purchased the land and you do what you want to do with it
and we go from there. But him being on this Commission knowing that he is just going to say,
historically what has been happening forever, Native Americans and African Americans are
having land snatched. You are trying to tell him that you have confirmation from someone
named Mr. Rodriguez and he doesn’t even know who that is. He doesn’t have that information so
for him, he feels as though for them as a Commission, it would be unfair as much as it is unfair
to you. Because you said that you have spent tens and tens of thousands of dollars but that
doesn’t always negate 50, 60 or 70 years of stuff that has been passed down through people from
generation to generation. Responding to Mr. Roach, Mr. Balascio stated that he has no problem
if they want to table it for that specific reason. Mr. Rodriguez is the City Solicitor. If it is going
to be tabled for that reason, he would ask that they are specifically told what it’s tabled on so that
they know what they are working on in the interim. What he would like to not have to do is to
come back and have to re-go through all of these points. What he heard from Mr. Roach was “the
ownership issue” which he is more than fine with working with Mr. Rodriguez on that. They can
get it back and compile that data. Number 2 is if there can be a confirmation made in the packet
which Mrs. Gray and Mrs. Melson-Williams could tell you that there is no requirement that can
be imposed on them to do anything with regards to the traffic impact. They are here tonight and
they can confirm that. They already got comments in writing back from DelDOT on this.
Mr. Roach stated that he thinks they are kind of beating a dead horse. He is just letting them
know that as far as him personally, for having a person who is sitting here saying that that land
has been passed down for generation to generation and for him to hear that is unsettling.
Responding to Mr. Roach, Mr. Balascio stated that that is completely fine. If you want to table it
for that reason and that reason alone because everything else they are willing to do, that’s fine.
Because that data has already been compiled and Mr. Rodriguez has it. He believes that Mrs.
Gray and Mrs. Melson-Williams were copied on those emails and he can easily tune in and say
that because Mayor and Council already annexed that property in.
Mr. Roach stated that again, he is just basically speaking from a standpoint of somebody who
thinks this way. How many people have been in jail for 20 years to get released later on because
somebody made a mistake? How many times have we had situations where people make a
decision and just because that one person made that decision or looked at that map or said this?
That does not mean anything to him. He is just letting you know because there is a woman sitting
here who is trying to pass her land to her family. So for him, saying that Mr. Rodriguez has some
documentation that they can look at, cool. But when he has someone sitting here who says that
they own the land and it’s been passed down for generation to generation, he feels as though as
much as they are going to give him the opportunity to speak here for two hours so that we can
talk about it, he feels as though she deserves that time to try to legally fight for what’s hers.
Responding to Mr. Roach, Mr. Balascio stated that he is very glad if you want to table it for that
reason and that reason alone. They can recompile that data and get it to Mr. Rodriguez again so
that he can follow up with the Commission in the appropriate manner.
Dr. Jones stated that after all of the discussion this evening, how does the applicant respond to
the concerns raised by all of the people how spoke against the project? It doesn’t sound as
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though there has been communication. One of the things that we do on this Commission, when
they have this kind of a disagreement is to usually ask the applicant how they have worked with
the residents? Responding to Dr. Jones, Mr. Balascio stated that they made several meetings
where they met out onsite; who was invited to those meetings, he doesn’t know. Also, this went
through the whole Annexation process where all of the notices were given. They have also
posted out on the property by putting signs up. He would say that he understands their concerns
but also what he would hope is as Mr. Roach just pointed out is that they have appeared before
the Commission and followed your rules on a piece of property that allows them to develop it.
You guys, over the years, have adopted a Comprehensive Plan that repeatedly identified this
property being developed in this manner. One of the Councilmen had pointed out to them that
there is actually a study on their property. Instead of putting apartments here (and he believes
that the City of Dover took part in this study); this property could be developed as a rail access
property. They decided not to do that even though they were approached and that’s what the
prior owners were going to do. That’s why the study started because that would have resulted in
hundreds of thousands of square feet of warehousing, 24 hour operations, lighting and large
trucks coming in and out. That is a permissible code use and they said no they don’t want to do
that but they want this route of putting something in that they thought was beneficial to the
community by keeping it in a residential like setting. They have also reduced the density. He is
more than glad to work with the Commission and follow up on any comments that you have. But
if it’s going to be tabled tonight, they would respectfully request that it be tabled only with
regards to that because they have met all of the other Code requirements.
Mr. Cooper stated that that one of the things that Mr. Hartman was getting at was that the
Planning Commission looks at not only just the Code requirements, but they look at the human
aspect of it as well. He has a great deal of heartburn about the ownership issue which he thinks
they are going to squash by next month or however that works out so we are going to set that
aside. The parking issue he thinks is completely off the table so he can get rid of that. But what
he does struggle with and he is having a very hard time with it, is that he believes very much in
your property rights to do with your property in which you want to do and what Code allows you
to do. But he also believes very much in their property rights to enjoy their neighborhood and to
enjoy their street. They are going to go from having 50 cars a day on a small side street to having
several hundred a day. Representative Lynn referenced 600-800 cars which he thinks is a bit of
an exaggeration. We are talking about a street that was designed by the City or the County
however many decades ago for that amount of traffic. Now we are going to try and use that same
street for this significantly larger amount of traffic. He is torn and he is glad that they are going
to have a month to think about it and for him to wrestle with it because he has trouble with their
property rights versus yours and yours versus theirs. Responding to Mr. Cooper, Mr. Balascio
stated that he hears your concern and his answer to that would be that the City protects the
residents by the Codes that you have adopted. The Codes that you have adopted in this case,
allow them as a use by-right to develop the property in this manner; and, they have met that
Code requirement and exceeded it. They went to PLUS and the State of Delaware’s DelDOT was
a part of that. They followed up with DelDOT afterwards and they spoke about it and this was
the decision. Now, for somebody to go back and say after it’s been documented that you can use
these right of ways and these roads in this way for your plan as by-right and then change it, it
wouldn’t be fair to them if that’s the decision that has already been made. That is why he
respectfully submits to you that if you want to table it tonight, he thinks the tabling needs to be
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limited to the question of ownership because as the packet before you shows, they have met all
other Code requirements and have removed the Parking Waiver to make that clear on the record.
Mr. Cooper stated that that’s part of his frustration with the whole situation is the human aspect
that Mr. Hartman brought up. He struggles with all that you have invested in this and all that they
have invested in their property and the impact that our decision has on both parties involved. In
his mind, he is looking at it as one to one. He is not looking at it as 75 residents to your 385
units. It’s property rights versus property rights in his mind. And then, it’s the human aspect of
the Code. It absolutely sucks for a lack of a better way of putting it, for the situation that you are
in but it absolutely sucks for the situation that they are in as well because nobody thought in
1890 that this was going to get built up with a 385 unit apartment complex. Responding to Mr.
Cooper, Mr. Balascio stated that you just rezoned this property within the last decade for this to
go on there. You didn’t but the City of Dover rezoned this property meaning they went through a
Comprehensive Plan amendment. Your Comprehensive Plan said that this property should have
apartments on it, you approved that Comprehensive Plan. Then you updated your Zoning Code
and then you made them come and rezone the property. They are code compliant. The prevailing
rule under Delaware Law right now (and he hears the public), but the prevailing rule is that if he
comes before you, follows all of your rules, and he has a use by-right that you have adopt you
can’t deny him.
Mr. Cooper stated that he interprets everything that Mr. Hartman read out of that book as the
failsafe. They are the human aspect; the failsafe for this Code book. So again, he values your
property rights and mine and theirs. That’s why he is glad that we are going to table this and we
are going to have a solid month to wrestle with that because he guarantees that he is not the only
one sitting on this floor that’s wrestling with those same property rights issues. He knows that
Mr. Roach is and he knows that they are not the only two. He is glad to have this month to
wrestle with it and figure it out in their heads because when they come back here, they have to
decide that. That’s a very tough spot for them to be in. Responding to Mr. Cooper, Mr. Balascio
stated that he would ask that when we do come back, they as the applicant are given the
opportunity to speak about those points at that time. And in the interim, through Mrs. Gray and
Mrs. Melson-Williams if there is stuff that you need, please ask us for it and they will supply it
because they haven’t hidden anything. Anything that has been asked of us to date, they have
provided upon their request.
Mrs. Malone asked for the names of the two people that were speaking. Responding to Mrs.
Malone, Mrs. Maucher stated it was Mr. Cooper and the applicant Mr. Balascio.
Mr. Baldwin stated that he realizes that all of his questions that he had written down have been
gone over but one thing that he heard it touched on very lightly is that you have people who have
owned property for years. No matter what you do or say, this project is going to change their
lifestyle and they are going to have to do things differently. He understands that its code
compliant but they have to look at the human side of this. How many people are going to have to
stop doing some things that they normally do just because of this housing project? He
understands that it is your property and you have the right to do it and you are code compliant.
But they have to look at the people that have been living there for 15, 20 or 30 years.
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Dr. Jones stated that Mr. Rodriguez’s name has been mentioned. He is the City Solicitor
representing the City. But the family has an attorney so in her mind, it’s going to be a meeting of
the minds and some kind of reconciliation and some decision made as a result of attorneys
representing both parties coming together. So, it will not be a simple matter of what Mr.
Rodriguez says. She knows Mr. Rodriguez and respects him but at the same time, they cannot
discount their attorney. Responding to Dr. Jones, Mr. Balascio stated that they gave all of the
information to that attorney and they have not responded since October or November of last year.
Dr. Jones stated that she understands and she doesn’t think that they are fighting with him. They
are just simply saying that sometimes one plus one equals two. She shouldn’t use analogies
because she doesn’t do well with analogies. But they just simply cannot negate what is
happening on the other side and that is with the Mishoe family and the other owners who live in
that area.
Mr. Cooper moved to table S-23-06 College Road Apartments at Railroad Avenue/Grove Street
while waiting for the right-of-way outcome, seconded by Dr Jones.
Mrs. Gray asked for the Commissioners to articulate the length of when it’s going to be tabled
for. Responding to Mrs Gray, Mrs. Maucher stated that they are asking until it’s resolved.
Mrs. Gray stated that she is not sure whether that is a proper motion. She believes that it needs to
be tabled for a period of time until perhaps the next meeting. Responding to Mrs. Gray, Mrs.
Maucher stated that she would say then if they have it come back, if the response is not
satisfactory that they continue to table.
Mrs. Gray stated that she would agree with that, and they could have it reviewed at that time.
Mr. Cooper moved to table S-23-06 College Road Apartments at Railroad Avenue/Grove Street
while waiting for the right-of-way outcome until next month at which they can assess the
property legalities and right-of-ways, seconded by Dr. Jones and the motion was carried 6-2 by
roll call vote with Mrs. Denney absent. Mr. Cooper voting yes; for everything stated for earlier.
Mr. Roach voting yes. Mr. Hartman voting no; he still has many many concerns about traffic
safety, property rights, and parking. Mr. Baldwin voting yes. Dr. Jones voting no; she has the
same concerns as Mr. Hartman outlined. Mrs. Welsh voting yes; for all of the reasons stated
regarding the concerns that people have over the right-of-way and they need to address those
issues. Mrs. Malone voting yes; regarding the right-of-way clarification but she is also
concerned that she doesn’t want the applicant to be encouraged to continue with this because
they have put a lot of time and money into this project for many years and that is not something
that she wants the City of Dover to be known for. They are trying to encourage positive
development in the city and she is concerned that this would turn other positive development
away. Mrs. Maucher voting yes; for the reasons stated.
AX-23-02 Lands of Christina L. Kelleher at 273 Acorn Lane - Public Hearing and Review for
Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel
of land totaling 0.611 acres+/- located at 273 Acorn Lane. The property is currently zoned RS-1
(Residential Single-Family Zone) in Kent County. The proposed Zoning is R-8 (One Family
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Residence Zone). The property is located on the west side of Acorn Lane between Revolutionary
Boulevard and South Hancock Avenue. The annexation category according to Dover’s 2019
Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation
is Residential Medium Density. The property owner is Christina L. Kelleher. Property Address:
273 Acorn Lane. Tax Parcel: ED-00-068.19-01-13.00-000. Proposed Council District 3.
Ordinance #2023-02. The First Reading of this Annexation Request was held on February 13,
2023. Public Hearing before the Planning Commission is scheduled for March 20, 2023 and City
Council on April 10, 2023.
Representatives: Ms. Christina Kelleher, property owner (attending virtually)
Mrs. Melson-Williams stated that she would refer the Commission to the DAC Report. As noted,
this is a property at 273 Acorn Lane. Our Comprehensive Plan designates it as a Category 1:
High Priority Annexation Area with a land use classification of Residential Medium Density.
Currently, there is a single family dwelling on the property zoned RS-1 (Residential Single
Family Zone) in Kent County and the proposed use would be to continue that single family
dwelling. They would like to take the opportunity to hopefully connect to City water and sewer
to resolve some of the issues that they have with the property currently. It is already served by
City of Dover Electric and the proposed zoning is R-8 (One Family Residence Zone). In this case
of an Annexation, Planning Commission is making a recommendation to City Council regarding
the Annexation and the appropriate zoning classification for the property.
Ms. Kelleher stated that she is the owner of 273 Acorn Lane. The property has been in her family
for years and she is just looking to be able to connect to City services. She has read all of the
information that has been sent to her and at this time, she doesn’t have any comments or
questions.
Mrs. Maucher asked what the reason was for the zoning change. We do these things and she
thinks that they are seeing the effect of sometimes changing and the unintended consequences.
There is houses of worship and some of the other things that are allowed in R-8 (One Family
Residence Zone) that may not be allowed in RG-1 (General Residence Zone). She is just curious
for the reason and if it’s just simply to connect to City services. Responding to Mrs. Maucher,
Mrs. Melson-Williams stated that the RS-1 (Residential Single Family Zone) that the property is
currently is a Kent County zoning classification. Upon Annexation into the City of Dover, a City
of Dover zoning classification must be selected. R-8 (One Family Residence Zone) is one of the
ones that this property is eligible for and probably the most reasonable of the residential zones
that are allowed for this property under our Comprehensive Plan.
Mrs. Maucher stated that not knowing the possible uses, are there any that is more strictly just to
maintain it as a residential use? Again, she thinks that they have kind of seen what can occur
with a Rezoning. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that the other
residential districts that are offered are other One Family Residence Zones. It could potentially
be R-10 (One-Family Residence Zone) and you would be looking at the same use list. Actually
all of the other residential zones that it could become are either more intense in the types of units
that would be allowed there and still continue to refer to a number of conditional use
opportunities that would require additional review just like if it was R-8 (One Family Residence
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Zone).
Mrs. Maucher opened a public hearing and then after seeing no one wishing to speak, closed the
public hearing.
Mr. Hartman moved to recommend approval to City Council for AX-23-02 Lands of Christina L.
Kelleher at 273 Acorn Lane and the Rezoning request because in the Comprehensive Plan it is a
Category 1: High Priority Annexation Area and he also bases it on the testimony of Ms. Kelleher
who spoke tonight, seconded by Mr. Cooper and the motion was carried 8-0 by roll call vote
with Mrs. Denney absent. Mr. Hartman voting yes; based on what he stated in the motion. Mr.
Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting yes; for reasons stated in the
motion. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated in
the motion. Mr. Roach voting yes. Mrs. Maucher voting yes; for reasons stated in the motion.
SB-23-01C – Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision):
Conceptual Subdivision Plan - Public Hearing and Review of a Conceptual Subdivision Plan to
create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman
Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater
management area lot, and a residual lot for residential use. The proposal includes the extension
and addition of a cul-de-sac to the existing street right-of-way of Jefferson Terrace. The property
is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to
Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson
Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner:
Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision
Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street
(Stormwater Management Area Lot); Increased Percentage of Lots on Cul-de-sac; and
Elimination of Sidewalk on Monroe Terrace Frontage of Residual Lot. Note: Any renaming of
Jefferson Terrace (to Ekaman Way) is subject to a separate review process.
Representatives: Mr. Kyle Burchard, Mountain Consulting; Mr. Emmanuel Elize,
representative of Wyoming, LLC; Mr. Lacy Holly, attorney representative of Wyoming, LLC.
Mr. Swierczek stated that this is a Major Subdivision Application that is slightly different than
the more typical Minor Subdivision Application, primarily because there is not a roadway
currently present. Part of the Application is to propose the extension of Jefferson Terrace. What
the applicant is proposing that is making this a Major Subdivision Application is that it would
extend Jefferson Terrace further to the west. There would be six lots in total that would be
proposed with the Subdivision. Lots 1-4 have access currently on what would become a new cul-
de-sac known as Jefferson Terrace Extension. The fifth lot would be towards the south of the
property and would utilize existing frontage on Monroe Terrace and then a sixth lot which is sort
of centrally located to the property would not be for development as that would for stormwater
management. This Application is a Conceptual Plan for a Major Subdivision Review. The first
stage would be a conceptual one and the second would be that they would return for a more
formal Preliminary Subdivision Plan. This is not in itself proposing a development, this is for the
road and the subdivision of the lots themselves. He will note that present on the property you will
see floodplain and wetland areas. The Code stipulates that development in wetland areas and
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floodplain areas is not permitted and there are additionally setback requirements for construction
of new development from wetland areas and named water bodies as well that will apply to any
physical development on these properties. The applicant has submitted with their application
Waivers. One is for an alternate lot configuration that reduces frontage on a public street. There
are technically five lots that are immediately accessing that end of the cul-de-sac. There is a
fifteen-foot-wide strip of the more centrally located Stormwater Management Lot to access from
the cul-de-sac. It is really to access the stormwater management area. The second one is an
increased percentage of lots on cul-de-sac. Because of the sort of unique form or layout of the
existing property, the four parcels that are meant for development to the north would all have to
access the cul-de-sac that is proposed as well as that fifth Stormwater Management Lot and then
that sixth Residual Parcel would be utilizing that existing frontage on Monroe Terrace. Finally,
the applicant has submitted a Waiver Request from the requirement to provide sidewalk along
the public right of way frontage of Monroe Terrace. That would be the southernmost part of the
existing Monroe Terrace shown at the bottom part of the plan. Planning Staff will note that
generally speaking, the infill standards per the Code would apply for development on lots in
already developed areas. Such standards would require the implementation of sidewalks and
there are several other houses on Monroe Terrace that have provided sidewalks. However, it is
not consistent throughout, but Planning Staff would recommend that they do implement the
sidewalk on that frontage.
Mr. Burchard stated that everything that Mr. Swierczek mentioned is the substance of their
application. They received a number of public comments to which they drafted a response letter
which is in the packet tonight on concerns about the flood plain, the stream channel, the wetlands
and the buffers, and erosion and sediment control. They have taken a shot at describing what the
requirements are to address those matters. They are applying all the standards that are required
from DNREC in order to make a plan that is adequately addressing those issues. Their counselor
just mentioned this evening that there is some concern that he hadn’t heard before about fallen
trees that may or may not be obstructing the channel of stream itself. So, they will certainly be
addressing these in the Preliminary Subdivision Plan that would come next.
Mr. Hartman stated with the channel that is designated to wetlands is that where you are talking
about the fallen trees? Responding to Mr. Hartman, Mr. Burchard stated that it was just brought
up to him this evening. He thinks that the channel itself and maybe some of the other woodland
areas were of concern. He didn’t get specifically what he had heard.
Mr. Hartman asked who would be responsible for maintaining that channel after the development
is built? Would it be the property owners of the development or the City? Responding to Mr.
Hartman, Mr. Burchard stated that he doesn’t know that there is a maintenance schedule
established for a natural stream channel.
Mrs. Melson-Williams stated that they have (online attending virtually) the property owner, Mr.
Emmanuel Ehize and also his lawyer representative, Mr. Lacy Holly. She isn’t sure if they would
like to make any comments before we get too deep into Planning Commissioner’s questions.
Mr. Holly stated that that he thinks it’s important to note that the City’s data sheet suggests that a
very similar Conceptual Subdivision was previously conditionally approved. That owner did not
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follow through and so the conditional approval expired. He would also like to note that the City’s
data sheet suggests that with this subdivision that the four lots are largely compliant with the
zoning and bulk standards. Also, to highlight, the data sheet suggests that of the four variances
(waivers) sought of the Planning Commission appears to recommend three of those four. They
ask that the Planning Commission decide this on the merits of the law and the land use
regulations of the City of Dover. The applicant is appreciative and mindful that there is quite a
bit of comment, concerns and objections of nearby neighbors. That is why the applicant made
careful effort and spent significant money to have their engineer be prepared to address all seven
of their concerns and that they believe that after considerations of the objections and concerns
that the discussion by Mountain Consulting through Mr. Kyle Burchard, will show that there are
no violations of the City of Dover regulations and any other alleged violations are not even
appropriate of this particular proposal with the exception of the four variances (waivers)
requested. He would suggest that time be yielded back to Mr. Burchard to go over all seven of
the objections on the record. He encourages the Planning Commission to approve the Conceptual
Plan.
Mr. Burchard stated that he would briefly go through the concerns raised by the neighbors. There
were seven of them and then there were a pair of exhibits. The first was a concern about an
obstruction of stream flow which may be wrapped up in the counselor’s notification in the
hearing tonight but there is nothing that is proposed in the Subdivision that would create
obstruction to the flow in the existing blue line stream that is on property. Item #2 is about
compliance with Delaware Erosion and Sediment Control Standards. There is to be a complete
review and approval by Kent Conservation District; so, there will not be any deficiencies in the
construction and post construction erosion control systems. Item #3 is very similar to Item #2,
illustrating in the front matter of the Erosion Sediment Control Handbook about the economic
impacts of sediment washing into streams and getting downstream. Again, there will be full
compliance with DNREC under KCD review. Item #4 was about meeting floodplain
requirements. Since there is no touching of the flood zone that is mapped on the property, it
really doesn’t apply. There are no additional flood plain requirements for the project. Item #5
relates to wetlands and being that they are not proposing any disturbance to any of the wetlands
on the property, they are essentially in compliance with all the regulations that are applicable
there. The Delaware Land Protection Act (Chapter 75) talks about protecting those resources. In
the City Code, there is a requirement to have a stormwater management easement around the
flood plain which is proposed; so, they are compliant with that as well. Item #7 is cited in the
Kent County Land Subdivision Ordinance about the suitability of land. The layout is not
proposing to subdivide buildable land within the floodplain. He is not sure that it’s applicable in
the City anyway, but we are not violating that anyway. Exhibit A and part of the nature of the
letter was concerns about the previous applications and why they did not go forward. He does
not have any background in that former application, and he has not seen it. Exhibit B has several
mappings which are reflected in their plans of all the flood plain, the stream channel and the
wetlands so they are addressing all of that. At this conceptual stage, they just want to clear the air
and make sure that everybody understands that they are not into all of the environmental areas
that would cause a concern and that would result in flooding on these neighboring properties.
Most of the properties are upstream of this property to begin with. He would just like to put it
before the Commission that they had to comply with a lot of other regulations in order to get the
overall approvals to be able to move forward into construction.
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Mrs. Maucher opened the public hearing.
Mrs. Melson-Williams stated that she wanted to enter into the record the public comments that
we have received. The first set (Set 1) were public comments that were received as of March 10,
2023 and that was an email and subsequent attachments received from Mr. Steve LeBoon. That
is the 7 item letter and that included some signatures of other area residents located along
Westview Terrace, Mallard Drive and Crescent Drive which are nearby streets to the west and
south of this application. A number of those people have stuck it out online with us tonight. The
second set of public comments were additional comments received in the last week and as of
2PM today and they are calling it Set 2. That was distributed by email to the Commission
members and also provided on their desks this evening. The first item is Item 2A; an email dated
March 11, 2023 from Ms. Jean Taylor. It does reference the previous email that Mr. LeBoon sent
and notes her concerns about this proposed subdivision and its affects on neighbors. Item 2B is
an email from March 13, 2023 from Mr. Steve LeBoon referencing that email from March 11,
2023 from Ms. Taylor. Item 3 is the March 17, 2023 letter from Mountain Consulting on behalf
of the Ekaman Subdivision that gave that itemized response to that public comment Set #1 and
that was just reviewed by the project engineer, Mr. Burchard.
Ms. Jean Taylor – 1017 Westview Terrace Dover, DE 19904
Ms. Taylor stated that if it ever rains in the next couple of weeks, please take a drive through
their neighborhood. She is not sure what’s happened over the years. They have been there for 20
years and increasingly, the water rises in the streets and the sewer don’t seem to be managing
things well. She is not sure if it’s the runoff ponds and streams in our areas but it’s bad enough
that they seriously have had teenagers water surfing well on their streets during significant
storms. She is seeing Lots 1-4 on the diagram shown on the screen, but she heard you say that 6
is the area of wetlands but you mentioned a Lot 5. For the life of her, she can’t find a 5 on the
diagram. Responding to Ms. Taylor, Mr. Burchard stated that it is labeled SWM and RESID.
Ms. Taylor stated that their concern is just even with any additional development, unless there is
something significant that happens with the way that water is channeled away from the
properties, any additional impermeable areas. They are just very concerned that they are going to
increase the amount of water that they are already feeling and that is rising over the years and
affecting their properties. If this is going to happen, then it would have to happen with a lot of
assistance to prevent water damage from occurring with some very specific native plantings or
some restructuring of waterways and pipes. That is really a huge concern for them on Westview
Terrace.
Mr. Steve LeBoon –1025 Westview Terrace Dover, DE 19904
Mr. LeBoon stated that this is very serious. With the 7 items that they have illustrated, they
protect the neighbors. This would be catastrophic. The water from his back property is a flood
plain. The flood plains that have been illustrated according to the previous owner is over 70
years old. They are so outdated, that the flood plain would include all Woodbrook and the
surrounding neighborhood. On August 4, 2021, they had a very serious tornado. That is when the
previous owner, he would like to set the record straight because he articulated to him that he
could not building back there because of the flooding and due to the utilities. He is saying that
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the plans expired. It expired because they couldn’t do it. He would like this Committee to take
some time to think about it and really look into it and research how these statutes and codes
protect the homeowners. Finally, he is asking for a full denial on the legal merits based on what’s
been furnished to this Committee.
Mrs. Cassandra LeBoon – 1025 Westview Terrace Dover, DE 19904
Mrs. LeBoon stated that when she listens to the responses to all of the concerns from Mr. Holly,
all of the responses seem to dismiss everything that they have put forward and they are just
supposed to believe that they are going to figure it out and do what’s right. They take care of
them on the four streets that will be affected by this subdivision. She knows that it is at a
preliminary stage, but they should have come prepared for more than just “we will be in
compliance.” It seems nonchalant that they are just sort of brushing them away and saying, “just
trust us, we will take care of you.” That is why they put all of the time and effort into looking
into the different statutes and looking at the protections that are out there for them. It is evident
for the people before them that sometimes developers tell you one thing and then then come back
and do a different thing. She is sure that all of her neighbors agree with her and if they need to,
they can get more people.
Mr. Holly stated that he understands that the neighbors are concerned and very passionate as they
should be about their home. But not one of them cited a particular statute or regulation this
evening; it may have been in some of their emails. That is why they have in fact addressed all of
the objections in the writing that has been submitted and will be part of the record. The proposed
Subdivision infrastructure improvements do not propose any work within 100 year FEMA
floodplain. The existing floodplain and blueline stream buffers on the property are very dense
and won’t be touched. On the economic impact of the floodplain requirements, Mr. Burchard has
taken very careful time to respond to each and every one of the seven objections. The neighbors
can express their opinions that his profession opinion is incorrect but to say that they haven’t
responded to their concerns, he doesn’t believe is accurate. He would ask that the Conceptual
Plan be approved and note that of the four variances (waivers) that they need, the Planning
Office recommends three of those. They ask that the Conceptual Plan be approved, and he would
like Mr. Burchard to be more specific and technical on his particular responses on the neighbor
objections. They made quite a bit of effort to get Council that has much more experience in front
of this Commission. He is a practicing attorney in land use and real estate in New Castle County.
Mr. Burchard has very detailed responses to the neighbors’ concerns and he would ask the
Planning Commission consider that this very similar Subdivision Plan that has previously been
approved. All of the bulk requirements under the regulations for the four lots that are intended
for immediate commercial development and that the owner of Wyoming, LLC. should be able to
do what they want to do with the property as long as it complies with Dover regulations, and
they contend that it does.
Mr. Burchard stated that he was trying to be brief with the Commission because of the written
statements to respond to the neighbor’s concerns. All of these measures are in place to protect
their property and their rights. They are compliant with all of that and it is a matter of proving it
in the design with other review processes in order for that to be enacted. He can’t presuppose the
final design before it actually happens. If there are maintenance issues within the subdivision that
have affected their drainage system that need to be taken care of. He doesn’t know whose
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responsibility that is. It may be the City or the homeowners association if there is one and that
might be worth looking into.
Mrs. Maucher closed the public hearing.
Mr. Hartman stated that the earlier question that he asked about maintenance, he was looking at
the Code of Ordinances, Section 42-1 Drainage Courses of Private Property. It lists two
scenarios: maintenance by the City, where surface water naturally flows over private property
forming a surface water drainage course, of which said private property is not subject to an
agreement by the property owner. That type of surface water drainage is required to be
maintained by the City. There is another one where it’s the property owner’s responsibility to
manage their surface water flows into other private properties. On those four lots when the
residences will be built, who will be responsible for the drainage if it goes towards the people
who are having the problem? Responding to Mr. Hartman, Mrs. Melson-Williams stated that
this Subdivision Plan will be subject to a Stormwater Management Plan that would need to
meet the Delaware Sediment and Stormwater Management Guidelines. They are limited that
they can’t increase what is already coming off of their properties onto properties of others with
those regulations. She would let you know that this is a challenged watershed overall. It drains
ultimately, a very significant area of the city. But they will be dealing with the impacts on their
individual properties. The City would not be the one responsible for managing the stream that
is there and likely with the subdivision, there would have to be some type of maintenance
organization for any of the open space areas that support those lots. That would be certainly
something to come forward in future steps in a Subdivision Application process.
Mr. Hartman stated that the Surface Water Management Plan that is required would require
that the surface water not be drained towards other personal property. Responding to Mr.
Hartman, Mrs. Melson-Williams stated that is basically how it works. You can probably refer
to the engineer that is standing before you because this is an engineering standpoint. We also
have Mr. Jason Lyon who is the City Engineer that is hopefully still available if you want to go
to him for the questions that he may have knowledge of. But their management of stormwater
is a big deal.
Mr. Burchard stated that he doesn’t have the full answer as to who is responsible for the
maintenance. It seems is if there is a bit of a possible conflict there and it doesn’t seem to quite
make sense. He would agree that Mr. Lyon would have a better idea of how the City maintains
open waterways that are known blueline streams and if that falls under the City maintenance
requirements. If it’s required of the applicant to maintain it and that is the determination that
happens, then that’s what will be the determination.
Mr. Hartman asked if the plans would include grading that divert stormwater away from the
residents that are already having a problem. In response it was stated that for this particular
property basically, there is a plateau at the top of the property that then falls away to drain
towards the blueline stream that runs through it. Other than a yard as it is today, the yard would
have incremental amount of additional runoff that would flow off of it but it’s not much
different than the meadow that it is today. The grass areas that would head into the alley that is
between the properties flows down to the headwall that begins the origin point of the stream.
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This particular property and the developed portion of this property would be controlled to not
worsen whatever the existing drainage problems are with those adjacent residents to the west
or to the north or to the east should they all need to flow towards the stream.
Mr. Hartman stated that he appreciates the applicant’s submittal. His main concerns are with
the existing problems with the area. This was in one of the references submitted by the people
who are opposed to this. They mention a City Council Meeting on July 12, 2021, where
Councilman Taylor showed a series of photographers of some of the problems over there. Most
of it looked like it was that pond west of Westview Terrace. One of these photographs shows
an area where water is supposed to come out under Westview Terrace and is nothing but
woods that impedes the water flow. Councilman Taylor went on to say that the issue was a
high priority, and they need to look at the flow of water and how it is changing the landscape.
His question is was anything done after that presentation by Councilman Taylor? Responding
to Mr. Hartman, Mr. Swierczek stated that would be something that would likely be
coordinated by the Public Works Office if it’s looking at to sort of mitigate stormwater
management or what part the City plays versus private property owners. That would not be
something that the Planning Office wouldn’t participate in because that would be something
done in the Public Works Office.
Mr. Hartman stated that it seems that the Planning Office should be very concerned about this
and he believes that the Planning Officer is actually the Floodplain Administrator for the City
of Dover. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the City Planner is
named as the Floodplain Administrator and they do have Mr. Jason Lyon, the City’s Engineer
that can probably speak to some of the questions and issues related to the difficulties
experienced on Westview Terrace.
Mr. Lyon stated that with regard to the Westview Terrace, he is familiar with the City owning
that pond and we are working on trying to clear that out and dipping it out to get a little bit
better retention there. His recollection with blueline streams is that it’s to the ownership of the
property that it is on. This certainly came up at the Puncheon Run which is just south of this
blueline. That issue has come up before where there was some damage of trees that had fallen
into the Puncheon Run stream and it was the owner’s responsibility for clearing that out. They
went to the State for clarification on that. He does not see any difference with this specific
situation as the blueline that is going through this developed property is not the City’s
property; it is a property owned by private development. He would echo Mrs. Melson-
Williams’ point about the runoff as Kent Conservation District will not allow this development
to be approved if there is additional runoff from pre-development to post development. What
that means is, when a rain event happens, the amount of rain that came before development
into that ditch or the floodplain cannot be increased at post development.
Mr. Holly stated that to assume that is it going to increase the runoff is at best premature. He
defers greatly to the Commission and to Mr. Lyon, but we can’t presuppose that the
development is going to increase the runoff. They understand that they are not going to get
approval if it does, but he would ask the Planning Commission not to make a decision based on
an assumption ahead of the game that water runoff is going to increase after the improvement.
Their engineer doesn’t agree that that’s what will happen, but they understand that they can’t
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get approval unless it doesn’t increase the stormwater management runoff after the
construction is constructed.
Mr. Hartman stated that based on what Mr. Lyon said, that blueline stream would be the
applicant’s. Responding to Mr. Hartman, Mr. Burchard stated that’s what it sounded like, and
he would ask Mr. Lyon as to the permit requirements to have equipment in the blueline stream
to remove big logs and things that might be obstructing flow.
Mr. Hartman asked how much work you could do in a wetlands area like that? Responding to
Mr. Hartman, Mr. Burchard stated that that was the point of his question.
Mr. Hartman stated that he understands what they are up against, but he knows that there are
things that can happen applying to the (Army Corps of) Engineers for access or work. They
have seen that at Dover High School where that was done at that pond. His concern remains
with the Planning Office because this particular area has been brought up by City Council as
problem and a priority area to look at. Out of Article 1, Section 50-4 “basis for establishing
special flood hazard areas: The City of Dover may identify and regulate new local flood hazard
or ponding areas. These areas should be delineated and adopted on a “Local Flood Hazard
Map” using best available topographic data and locally derived information such as flood of
record, historic high water marks or approximate study methodologies.” The question to the
Planning Office is, has this been done in the area? Has research on a local flood hazard area
been done in the area? Responding to Mr. Hartman, Mrs. Melson-Williams stated that there are
no locally designated flood hazard areas that have gone through that process. There are
provisions in our Code to do so, but there have not been steps to take that with any properties
here in the City of Dover.
Mr. Hartman stated that one of the requirements of Article 2, Section 50-21 of the Floodplain
Administrator is to “review application for permits to determine whether proposed activities
will be reasonably safe from flooding and interpret floodplain boundaries and provide flood
elevation and flood hazard information.” It just seems to him that if they have had historic
problems in this area then that’s something that the Planning Office would have looked at in
the past. Responding to Mr. Hartman, Mr. Burchard stated that is sounded like Mr. Lyon was
addressing a maintenance issue upstream which could certainly affect what these neighbors on
Westview Terrace have been experiencing.
Mrs. Maucher asked once the stormwater pond was built, who is responsible for the
maintenance of that stormwater facility. Responding to Mrs. Maucher, Mr. Burchard stated that
there will be an HOA established that is required to set that up. There will be an agreement put
in place so that that is funded and taken care of.
Mrs. Maucher asked if the HOA would be for four properties only. Responding to Mrs.
Maucher, Mr. Burchard stated that it is a very small HOA.
Mrs. Maucher asked if the developer was intending to pre-fund because there is quite an
expense with stormwater management ponds. A big issue in the State is that property owner
HOA’s are not equipped to deal with them and do not have the money or expertise to deal with
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them. The working out the extent of what the facility may look like with KCD to make sure
that it’s appropriate for this position in the floodplain is part of their next steps to workout. He
doesn’t have the answer to the funding issue and how that would work. He would say that there
is a review with the Planning Commission and certainly that will be something that will need
to be addressed.
Mr. Cooper stated that by approving this, should that motion get made, they are merely sending
this onto the next steps so that they can get that Kent Conservation District information and
everything else that goes on. They are just approving this to get more answers and more
questions for the next step, correct? Responding to Mr. Cooper, Mr. Burchard stated that is
correct.
Mrs. Melson-Williams stated the subdivision process is a multi-step process. This is the initial
concept where they give you the basic sense of this is what we would like to do for a road and
a lot configuration. The second step is called the Preliminary Subdivision Plan and with that
step you get greater detail on some of these engineering questions. But ultimately there is
various delegated agencies that have technical review responsibilities much more intense than
what you are doing here, and the stormwater management must be in compliance with the
Delaware Sediment and Stormwater Management Regulations. They will be working closely
with the Kent Conservation District on that. This evening you are really dealing with the
concept of the subdivision layout. It is an allowable use as noted in the R-10 (One Family
Residence Zone). They do have several Wavier Requests. One of them they kind of grouped
together with the first one being the Alternative Lot Configuration and Reduction Frontage on
a Public Street for that Stormwater Management Area Lot. The number two Waiver Request is
related to the Increased Percentage of Lots on the Cul-de-sac. The third Waiver is the request
to eliminate the sidewalk requirement along the public right of way frontage of Monroe
Terrace (that southern piece that comes back out to front there). There are three Waiver
Requests. These are Subdivision Waivers, so the Planning Commission makes a
recommendation, and they carry that recommendation forward through a City Council review
process of those Subdivision Waivers.
Mr. Holly asked that for the record, is he correct that the Planning Staff did recommend all of
the waiver requests except for the sidewalk? Responding to Mr. Holly, Mr. Swierczek stated
that the Planning Staff has recommended approval of all but the sidewalk waiver request. The
Planning Commission will take the recommendations into consideration.
Mr. Hartman SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman
Subdivision): Conceptual Subdivision Plan that based on the testimony of the applicant tonight
and the Planning Staff write up in the DAC Report (be approved) and subsequentially approve
the Alternate Lot Configuration and Reduce Frontage on a Public Street for the Stormwater
Area Lot, the Increased Percentage of Lots on a Cul-de-sac. And he recommends that they deny
the Waiver Request for the Elimination of the Sidewalk on Monroe Terrace Frontage of the
Residual Lot, seconded by Mr. Cooper and the motion was carried 7-0 with Mrs. Denney and
Dr. Jones absent. Mr. Hartman voting yes; based on the motion that he stated. Mr. Baldwin
voting yes; based on the aforementioned statements. Mrs. Welsh voting yes; for reasons stated.
Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes. Mr. Roach voting yes; for
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reasons stated.
NEW BUSINESS
Meeting adjourned at 11:32 PM.
Sincerely,
Kristen Mullaney
Secretary
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