PC Agenda Revised 7-15-2019

CITY OF DOVER PLANNING COMMISSION REVISED AGENDA Monday, July 15, 2019 – 6:00 P.M. City Hall, City Council Chambers 15 Loockerman Plaza, Dover, Delaware **Agenda Revised to include an additional Request for Extension of Planning Commission Approval. See Old Business Item #1c.** PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA 1) Site Plan Application S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard will not be heard by the Planning Commission on July 15, 2019 due to lack of public notice and at the request of the applicant. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. 2) Site Plan Application S-19-15 White Oak Road Property: Apartments and Townhouses on 3 parcels of land on White Oak Road will not be heard by the Planning Commission on July 15, 2019 at the request of the applicant. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. ADOPTION OF MINUTES OF MEETING of June 17, 2019 COMMUNICATIONS & REPORTS 1) The Annual Meeting of the Planning Commission typically held in July including the election of Chairman and Vice Chairman will be scheduled for a future meeting upon completion of the appointment process for Commission members. 2) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, August 19, 2019 at 7:00pm in the City Council Chambers. 3) Update on City Council Actions 4) Department of Planning & Inspections Updates OPENING REMARKS CONCERNING MEETING PROCEDURES OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a. S-17-18 Frito Lay Building at Tudor Business Park – A Request for a One-Year Extension of the Planning Commission approval granted July 17, 2017 for a Site Development Plan, its Performance Standards Review Application, and an associated waiver to eliminate upright curbing to permit construction of a 4,278 S.F. one-story warehouse/office building and associated site improvements. This is to be an additional building within the

City of Dover Planning Commission Agenda - REVISED Public Hearing: July 15, 2019 Page 2 of 5 Tudor Business Park. The proposed use was found to conform to the applicable performance standards as outlined in Zoning Ordinance, Article 5 §8 Performance Standards. The property is zoned C-3 (Service Commercial Zone). The property is located on the south side of South Little Creek Road and is served by Otis Drive. The owner of record is Tudor Enterprises, LLC. Property Address: multiple addresses in Tudor Business Park on South Little Creek Road. Tax Parcel: ED-05-077.12-01-02.00-000. Council District 2. b. S-17-20 Bay Road Commercial at 560 and 600 Bay Road – A Request for a One-Year Extension of the Planning Commission approval granted July 19, 2017 for a Site Development Plan and associated waiver to reduce the Arterial Street Buffer to permit construction of a 120,046 S.F. of commercial development on a 12.9366 acre+/- parcel currently named Bay Road Commercial. The development is proposed to include two restaurants of 4,200 S.F. and 6,400 S.F., a 70,646 S.F. grocery store, a 18,000 S.F. multi-tenant building segment and a 20,800 S.F. multi-tenant building segment. The property is zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road. The previous owner of record was S H E Holdings, LLC c/o Mike Longwill and the current owner now is Bayroadcap, LLC. Property Addresses: 560 Bay Road and 600 Bay Road. Tax Parcels: ED-05-077.00-01-09.00- 000 and ED-05-077.00-01-10.00-000. Council District 2. c. S-17-15 Dover Station at 655 West North Street –A Request for a One-Year Extension of the Planning Commission approval with conditions granted July 19, 2017 for a Site Development Plan and associated waivers to permit construction of a 20,000 S.F. two- story office building and a 6,000 S.F. group home as well as associated site improvements. The waivers approved are related to a partial elimination of the opaque Barrier Fence Component, and alternative format of the Opaque Barrier. This project adds to the existing development at 645 West North Street and will share site access. The property is zoned IO (Institutional and Office Zone) and is located on the north side of West North Street east of Clarence Street. The owner of record is Faithworks, LLC. Property Address: 655 West North Street. Tax Parcel: ED-05-076.12-04-08.00- 000. Council District 4. 2) Development Applications (Continued Review): a. S-19-10 Parking Area of Dover Community Pharmacy at 1035 South Governors Avenue – Continued Review of a Site Development Plan Application for an additional 5,700 SF of pavement in the existing parking lot area at the rear of the building containing Dover Community Pharmacy. The project creates a revised total of fourteen (14) total parking spaces for the site. The subject property is 0.35 +/- acres located on the east side of South Governors Avenue, south of Wyoming Avenue. The property is zoned C-1A (Limited Commercial Zone). The owner of record is AK Investments, LLC. Property Address: 1035 South Governors Avenue. Tax Parcel: ED-05-077.17-07-09.00-000. Council District 2. It is noted that construction commenced prior to authorization or permits. Waiver Requests: Elimination of Curbing, Elimination of Fence Component of Opaque Barrier Requirement. • The Planning Commission conducted a Public Hearing and began consideration of S-19-10 at the June 17, 2019 meeting and deferred action pending submission of additional information.

City of Dover Planning Commission Agenda - REVISED Public Hearing: July 15, 2019 Page 3 of 5 b. S-19-11 Lion of Judah Ministry Church at 951 White Oak Road – Continued Review of a Site Development Plan Application to permit construction of one-story 5,000 SF place of public assembly (church) building and associated site improvements. The subject property is 1.14 +/- acres. The property is zoned IO (Institutional and Office Zone). The property is located on the north side of White Oak Road and east of Halsey Road. The owner of record is L & S Davis Properties, Inc. Property Address: 951 White Oak Road. Tax Parcel: ED- 05-068.14-05-85.00-000. Council District 3. This property was rezoned from CPO (Commercial and Professional Office Zone) to IO (Institutional and Office Zone) by City Council at their November 13, 2018 meeting (Z-18-02; Ordinance #2018-08). Waiver Requests: Elimination of Fence Component of Opaque Barrier, Partial Elimination of Upright Curbing. • The Planning Commission conducted a Public Hearing and began consideration of S-19-11 at the June 17, 2019 meeting and deferred action pending submission of additional information. 3) Development Applications - Revised: a. S-19-03 Retail Center at 747 N. DuPont Highway: Master Plan REVISED – Update on a Revised Site Development Master Plan to permit phased construction of a retail center now known as DuPont Plaza. The center is to consist of four buildings totaling 52,196 SF and is to be constructed in three phases. The buildings proposed include three multi- tenant structures of 12,036 SF (Bldg. A, Phase 1), 9,775 SF (Bldg. C, Phase 2) and 19,200 SF (Bldg. D, Phase 3) as well as a freestanding restaurant of 11,185 SF (Bldg. B, Phase 1). New information shows five (5) retail spaces and one (1) restaurant space in Building A. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05- 068.05-01-15.01-000. The REVISED project no longer includes reconfiguration of the property lines and parking for the hotel located at 764 Dover Leipsic Road. This property owned by Delmarva Hotels LLC (Tax Parcel #ED-05-068.05-01-14.00-000) is no longer considered part of the application. Council District 3. PLUS #2018-02-02. This site is subject to Minor Subdivision Application SB-18-01, approved by the Planning Commission on February 20, 2018 and granted a one-year extension on February 19, 2019. The Subdivision proposed dividing the existing parcel of 25.01 +/- acres into two parcels of 10.007 +/- acres and 15.004 +/- acres. This proposal deals exclusively with the 10.007 +/- acre parcel to the south. The Planning Commission granted approval of the Master Plan on March 18, 2019 subject to conditions. NEW APPLICATIONS 1) S-19-13 Office Building at 223 and 225 West Division Street – Public Hearing and Review of a Site Development Plan and Lot Consolidation Plan Application to construct a three-story 7,671 SF office building together with associated site improvements. The subject properties to be combined total 5,120 feet and are located north side of West Division Street east of North New Street. The property is zoned C-1A (Limited Commercial Zone). The owner of record is NCALL, Inc. Property Addresses: 223 West Division Street and 225 West Division Street. Tax Parcels: ED-05-076.08-05-28.00-000 and ED-05-076.08-05-29.00-000. Council

City of Dover Planning Commission Agenda - REVISED Public Hearing: July 15, 2019 Page 4 of 5 District 4. Waiver Requests: Elimination of Upright Curbing, Consideration of Tree Mitigation Plan. Two variances were approved by the Board of Adjustment at their April 2019 meeting. The variances are from Zoning Ordinance, Article 4 §4.14 pertaining to the bulk standards of the C-1A zone: to allow an increase in the maximum permitted number of stories from two (2) to three (3), and to allow an increase in the maximum permitted building height from thirty (30) feet to thirty-four (34) feet (V-19-04). 2) C-19-03 Lands of TDM, LLC: Student Home at 230 North Governors Avenue – Public Hearing and Review of a Conditional Use Plan Application to permit the conversion of an existing one-family residential dwelling into a Student Home for four (4) persons at 230 North Governors Avenue. The subject property consists of 3,458 SF and is located on the west side of North Governors Avenue, south of Mary Street. The property is zoned RG-1 (General Residence Zone). The owner of record is TDM, LLC. Property Address: 230 North Governors Avenue. Tax Parcel: ED-05-076.08-02-70.00-000. Council District 4. 3) C-19-04 Assemblée Chretienne International Ministry at 1209 Walker Road – Public Hearing and Review of a Conditional Use Plan Application to permit a place of worship in an existing 1,556 SF vacant building to the rear of 1203-1209 Walker Road. The portion of the property to be leased to the place of worship consists 1.9 acres and is in the northwest corner of the parcel. Parking is to be provided in an existing paved area in front of the building. The front of the parcel and the main building on the property is occupied by Dover Place, a senior assisted living facility. The property is zoned R-8 (General Residence Zone). The owner of record is Kent Lifecare, LLC. Property Address: 1203-1209 Walker Road. Tax Parcel: ED- 05-067.18-01-76.00-000. Council District 4. The property was previously developed as C-98- 02 Capitol Place Assisted Living Community: Planned Neighborhood Design – Senior Citizen Housing Option. 4) C-19-05 Luther Village Parking Lot Expansion at Babb Drive – Public Hearing and Review of a Conditional Use Site Plan Application to permit the construction of an additional 10,609 +/- SF of paved parking area providing thirty-four (34) parking spaces for a total of ninety- nine (99) parking spaces in the Luther Village Phase III area. The subject property area consists of 2.85 acres +/- and is located east of John Hunn Brown Road and northwest of Babb Drive as a portion of the Luther Village complex. The property is zoned RG-2 (General Residence Zone). The owner of record is Luther Village III of Dover. Property Address: 101 Babb Drive – Building 3. Tax Parcel: ED-05-077.06-02-90.03-000. Council District 2. Waiver Request: Partial Elimination of Upright Curbing. Luther Village Planned Neighborhood Design – Senior Citizen Housing Option is to consist of 524 apartment units in a total of nine phases; it was previously established by applications C-02-02 and C-13-03. Luther Village Phases 1, 2, and 3 have been constructed (Applications S-03-07, S-7-10, and C-13-03). 5) C-19-06 Calvary Baptist Church of Dover at 2285 Forrest Avenue – Public Hearing and Review of a Conditional Use Site Plan Application to permit the construction of a 40,026 +/- SF place of worship and associated site improvements at 2285 Forrest Avenue. The subject property is 75.51 acres +/- and is located on the south side Forrest Avenue west of Dover High Drive. The property is zoned R-10 (One Family Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Calvary Baptist Church of Dover Inc. Property Address: 2285 Forrest Avenue. Tax Parcel: ED-05-075.00-01-06.00-000.

City of Dover Planning Commission Agenda - REVISED Public Hearing: July 15, 2019 Page 5 of 5 Council District 1. Waiver Request: Partial Elimination of Upright Curbing; Reduction of Bicycle Parking Requirement; Partial Elimination of Sidewalk. NEW BUSINESS 1) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Revised Agenda: July 9, 2019