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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, September 16, 2019 – 7:00 P.M.
City Hall, City Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
ADOPTION OF MINUTES OF MEETING of August 19, 2019
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY,
October 21, 2019 at 7:00pm in the City Council Chambers.
2) Update on City Council Actions
3) Department of Planning & Inspections Updates
OPENING REMARKS CONCERNING MEETING PROCEDURES
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
NEW APPLICATIONS
1) S-19-19 Delaware Solid Waste Authority Administration Building at 601 & 801 Energy Lane
– Public Hearing and Review of a Site Development Plan and Lot Consolidation Plan
Application to construct a two-story 23,487 SF office building with associated site
improvements. The subject properties to be combined total 7.3343 +/- acres and are located
north side of Energy Lane east of Bay Road. The submission will be subject to a Performance
Standards Review Application. The properties are zoned IPM (Industrial Park and
Manufacturing Zone). The owner of record for both properties is Delaware Solid Waste
Authority. Property Addresses: 601 and 801 Energy Lane. Tax Parcels: ED-05-077.00-03-
04.00-000 and ED-05-077.00-03-05.00-000. Council District 2. Waiver Requests: Partial
Elimination of Curbing, IPM Planned Industrial Park: Alternative Design Standards - Rear
Setback Requirement. The subject site is Lots 4 and 5 of the Northgate Center originally
subdivided with Application SB-05-05 Stover Professional Campus with Planning
Commission approvals in September and November 2005.
2) S-19-20 Delaware State Police Building Update at Bay Road Commercial: 560 and 600 Bay
Road – Public Hearing and Review of a Revision to Site Development Plan S-17-20. The
Plan Revision replaces the two buildings previously proposed as a 70,646 SF grocery store
and a 17,664 SF multi-tenant retail building on the west side of the site with the construction
of a one-story 62,667 SF office building and associated site improvements. The subject
properties total 12.9366 +/- acres and are located on the southwest side of Bay Road. The
property is zoned C-4 (Highway Commercial Zone). The owner of record for both properties
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City of Dover Planning Commission Agenda
Public Hearing: September 16, 2019
Page 2 of 2
is Bayroad CAP, LLC. Property Addresses: 560 and 600 Bay Road. Tax Parcels: ED-05-
077.00-01-10.00-000 and ED-05-077.00-01-09.00-000. Council District 2. Waiver Request to
Reconfirm: Reduction of Arterial Street Buffer. For Consideration: Tree Mitigation Plan.
Application S-17-20 Bay Road Commercial was previously approved by the Planning
Commission in July 2017 and received Final Plan Approval on July 23, 2019.
NEW BUSINESS
1) Update on Appointments of the Architectural Review Oversight Subcommittee of Planning
Commission (in accordance with Zoning Ordinance, Article 10 §2.28)
2) Project for Dover’s 2019 Comprehensive Plan
a. Update on Project Activities
b. Update on Pending Release of DRAFT Plan for PLUS Submission
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 Agenda: September 6, 2019
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CITY OF DOVER PLANNING COMMISSION
AUGUST 19, 2019
The Regular Meeting of the City of Dover Planning Commission was held on Monday, August
19, 2019 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding.
Members present were Mr. Roach (arrived at 7:01pm), Ms. Edwards, Mr. Hartman, Mr.
Baldwin, Mrs. Welsh, Ms. Maucher and Mr. Tolbert. Mr. Adams and Dr. Jones were absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. William Harman
and Mr. Ring Lardner. Speaking from the public was Kathy Potter.
APPROVAL OF AGENDA
Ms. Edwards moved to approve the agenda as submitted, seconded by Mr. Baldwin and the
motion was unanimously carried 7-0 with Mr. Adams and Dr. Jones absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JULY 15,
2019
Mrs. Welsh moved to approve the Planning Commission Meeting minutes of July 15, 2019,
seconded by Ms. Edwards and the motion was unanimously carried 7-0 with Mr. Adams and Dr.
Jones absent.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
September 16, 2019 at 7:00pm in the City Council Chambers.
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on July 22 and 23, 2019 and August 12 and 13, 2019.
SPECIAL RECOGNITION
1) Resolution honoring Thomas Holt for his service on the Planning Commission
Mrs. Dawn Melson-Williams stated that City Council did provide a Commemorative Cup and
presented it to Mr. Holt at their most recent meeting. There were several members of the
Planning Commission who were there. Mr. Holt and his wife are relocating south to San
Antonio, Texas.
Resolution
Whereas, Thomas S. Holt became a member of the City of Dover Planning Commission on
February 23, 1987 and has served with diligence and distinction in this capacity as an advocate
for sound land use planning in the public interest,
Whereas, Thomas S. Holt has played a key role in ensuring fundamental fairness and careful
forethought in the planning and development of the Capital City through his service on the
Planning Commission; and,
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Whereas, Thomas S. Holt has influenced the pattern and appearance of development in Dover
through his contributions to the City’s 2019 Comprehensive Plan Project; his efforts to ensure
compliance with the 2008, 2003, and 1996 Comprehensive Plans (as amended); his participation
in the development of amendments to the City of Dover Zoning Ordinance regarding various
zoning districts, regulations, and development design requirements; and with his knowledge of
real estate; and,
Whereas, Thomas S. Holt completed his service on the City of Dover Planning Commission on
August 12, 2019.
Now Therefore Be It Resolved That, the City of Dover Planning Commission does hereby
express its sincere appreciation to Thomas S. Holt for his faithful and exemplary service to the
Citizens of the City of Dover as an active member of the City of Dover Planning Commission,
and extends its very best wishes to Thomas S. Holt for a bright and prosperous future.
Mrs. Welsh moved to adopt the Resolution for Mr. Thomas Holt, seconded by Ms. Maucher and
the motion was carried 7-0 by voice vote with Mr. Adams and Dr. Jones absent.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
meeting.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval:
a. C-17-03 Residence at 91 Saulsbury Road Conditional Use Review – A Request for a One-
Year Extension of the Planning Commission approval granted August 21, 2017 for a
Conditional Use Review to permit conversion of an existing 1,360 SF two-story structure
into residential use. The property consists of an 8,036.6 S.F. +/- parcel (0.1845 acres). The
property is zoned CPO (Commercial and Professional Office Zone) and is subject to the
COZ-1 (Corridor Overlay Zone). The property is located on the east side of Saulsbury
Road and north of Carver Road. The owner of record is 91 Saulsbury Rd, LLC. Property
Address: 91 Saulsbury Road. Tax Parcel: ED-05-076.07-01-47.00-000. Council District 4.
Representatives: None
Mr. Swierczek stated that application C-17-03 Residence at 91 Saulsbury Road is a Conditional
Use Review application approved at the August 21, 2017 meeting of the Planning Commission.
The application is to permit conversion of an existing 1,360 SF two-story structure into a
residential use. The property is zoned CPO (Commercial and Professional Office Zone) and is
subject to the COZ-1 (Corridor Overlay Zone). The property is located on the east side of
Saulsbury Road and north of Carver Road. The applicant is requesting the one year extension of
the approval granted by the Planning Commission as they have yet to achieve Final Plan approval
and their initial approval expires at the end of this month.
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Mrs. Welsh moved to approve C-17-03 Residence at 91 Saulsbury Road Conditional Use Review
for a one-year extension, seconded by Ms. Edwards and the motion was carried 7-0 by voice vote
with Mr. Adams and Dr. Jones absent.
b. C-17-04 House of Pride Offices at 45 South New Street – A Request for a One-Year
Extension of the Planning Commission approval granted August 21, 2017 for a
Conditional Use Review to convert an existing one-family dwelling structure into a
philanthropic use as the administrative facility (offices) for House of Pride. The property
consists of a 9,090 SF +/- parcel. The property is zoned RG-1 (General Residence Zone).
The property is located on the east side of South New Street, north of Reed Street, and
south of Division Street. The owner of record is House of Pride, Inc. Property Address:
45 South New Street. Tax Parcel: ED-05-077.05-03-05.00-000. Council District: 4. This
Application has been the subject of compliance reviews by the Planning Commission on
October 15, 2018 and May 20, 2019. The next reporting review on compliance status is
scheduled for November 18, 2019.
Representatives: None
Mr. Swierczek stated that application C-17-04 House of Pride Offices at 45 South New Street is
again a Conditional Use Review to convert an existing one-family dwelling structure into a
philanthropic use as the administrative facility (offices) for the House of Pride. The property is
zoned RG-1 (General Residence Zone). The property is located on the east side of South New
Street, north of Reed Street, and south of Division Street. The application was also heard by the
Planning Commission at their August 21, 2017 meeting where is received conditional approval.
It was returned to the Planning Commission for review on several occasions; most recently in
May 2019. It is noted by Planning Staff that these periodic reviews were for the confirmation
that progress was being made on meeting the conditions of approval as laid out by the Planning
Commission. There were not actual reviews for extensions of approval of the Conditional Use
Site Plan application which is why they are asking for the extension tonight. The applicant is
requesting a one-year extension of conditional approval as again they have not yet achieved Final
Plan approval.
Ms. Edwards moved to approve C-17-04 House of Pride Offices at 45 South New Street for a
one-year extension, seconded by Ms. Maucher and the motion was carried 7-0 by voice vote with
Mr. Adams and Dr. Jones absent.
NEW APPLICATIONS
1) Revised S-19-15 White Oak Road Property: Apartments and Townhouses on 3 parcels of
land on White Oak Road – Public Hearing and Review of a Site Development Plan
Application to construct a three-story apartment building to contain twenty-four (24)
dwelling units as well as eight (8) townhouse units, comprising thirty-two (32) total dwelling
units and associated site improvements. The subject area of three parcels consists of 11.17
acres +/- and located north side of White Oak Road west of State Route 1. The properties are
zoned C-2A (Limited Central Commercial Zone). The owner of record for all three (3)
properties is Harman Brothers LLC. Property Addresses: 1317 White Oak Road and other
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not yet addressed properties on White Oak Road. Tax Parcels: ED-05-068.11-01-05.00-000,
Tax Parcels: ED-05-068.11-01-03.00-000, and Tax Parcels: ED-05-068.11-01-01.00-000.
Council District 3. Waiver Requests: Reduction of Parking Requirement, Partial Elimination
of Sidewalk, Rear Emergency Access Requirements, Consideration of Cash-in-lieu of Partial
Recreation Area Construction.
Representatives: Mr. William Harman, Harman Brothers; Mr. Ring Lardner, Davis, Bowen &
Friedel
Mrs. Melson-Williams stated that this is the first appearance of this application at the Planning
Commission. It previously was submitted for an earlier Planning Commission date but the
applicants chose to postpone and do a little more work on their plan. This is the project called
White Oak Road Property. It is a project for proposed apartments and townhouse units. It’s
located on the north side of White Oak Road just to the east of Baytree. On the screen, White
Oak Road is the diagonal road that you see at the bottom right hand corner of the map. The
property actually consists of three parcels of land that are zoned C-2A (Limited Central
Commercial Zone). This zoning classification does allow for apartments and also for townhouse
units. They are proposing an apartment building of twenty-four units. The proposal for the
townhouse units consist of eight units. There is one access point onto White Oak Road. A turn to
the left once you are on the site brings you to the parking lot which surrounds the apartment
building. A turn to the right and you travel down an internal drive aisle to where the townhouse
units are located, each with their own shared driveway and garage for parking purposes.
There are a series of waivers that the application is seeking this evening. The first is related to
parking. For the apartment building, the C-2A (Limited Central Commercial Zone) typically
requires that parking be based on a floor area calculation; however, there are other provisions in
our Code that base the parking of apartment buildings on a per unit basis. They are seeking to
utilize the per unit parking requirement which would be parking for twenty-four apartment units
at a rate of 2.25 spaces per unit which would result in a requirement for fifty-four parking spaces
for the apartment building. Their plan is showing us fifty-eight parking spaces. The townhouses
do satisfy the parking requirement which is only one space in this zone. That is accomplished by
both the single garage unit for each unit and the driveway area. The next waiver that they are
requesting is for the partial elimination of sidewalk. Our Code requires that sidewalk be extended
along the entire property frontage. In the case of this project, a portion of it once we get past the
Old White Oak Road segment that goes off to the south, they are seeking to stop the sidewalk in
that location because of the grade differences between White Oak Road as it begins to elevate to
cross over Route 1 and the project site. The grade difference there is substantial and not quite
feasible for installation of a sidewalk. There is a sidewalk that is more internal to the site in this
area and this occurs right in front of the townhouse units. The sidewalk that is internal to the site
does continue east to what is the recreation area for the project. The third waiver that they are
seeking is in regards to emergency access. For an apartment building such as this, it is required
to provide that rear emergency access with an eighteen-foot secondary fire lane. There is a fire
lane of adequate dimension that totally circles the apartment building. For the townhouse units, it
depends on their type of construction. Our Code requires that if it is not what is deemed a “fire
protected” townhouse, then a rear alley is required. For townhouse units that are in groups of
three to five that are “fire protected” and that means a separation between units as well as
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exterior combustible and noncombustible materials, then a rear open yard is required.
Technically, the Code is silent when it comes to what you do with eight units that are “fire
protected”. They suggested that the easiest way to deal with this is through the waiver process.
The applicant is in their design of the townhouses, focusing on making them “fire protected”
which would include the separation between units which is required by Fire Code anyway as
well as the alternating combustible and noncombustible exterior. They are also including in their
proposal to include a residential sprinkler system in each of the townhome units to go above and
beyond what the Code would require. The project, because it is residential, is required to have a
recreation area. There is a specific recreation plan review document. For this project, to
summarize their active recreation, they are providing an open field area which is in the far
eastern portion of their property that would consist of 6,450 SF of an open area where multi-
purpose activities could be easily done. In order to achieve the requirement for active recreation
area, they are requesting to utilize Cash-in-lieu of Recreation Area Construction to satisfy the
remaining area. With the Code requirements, that would require a cash-in-lieu payment amount
of just over $3,490.00. The Parks Recreation and Community Enhancement Committee last
week did consider these components of the Active Recreation Area and the Cash-in-lieu; and
they recommended approval subject to the Staff Recommendations which can be found in the
Active Recreation Area Plan Report. Staff, in its recommendations, had supported both the
approval of the open field and the Cash-in-lieu amount. They did make some comments as to
ensuring that the open field area is ready and continues to be ready as a play surface during the
life of the project. They also indicated that the applicant should explore options to create a clear
pedestrian pathway or bicycle pathway that would lead to Dover Park which is located within a
half mile to the west of this project site. There are some sidewalk networks in the area that can
help satisfy that already. With this project, they do have other Code requirements which do
include the tree planting. Planning Staff did make recommendations on each of the waiver
requests and that is found on Page 9 of the DAC Report. They are supporting the parking rate of
the per unit versus the floor area calculation. They are supporting the partial elimination of
sidewalk in that eastern portion of the site due to the grade differences. They also support the
rear emergency access waiver for the townhouses recognizing the enhanced efforts by the
applicant to also include the residential sprinkler system per unit in that area. They also
recommended approval of the Cash-in-lieu payments as well. The DAC Report was provided to
the Planning Commission and also includes the comments from the other agencies including the
City’s Public Works and Electric Departments, the Office of the Fire Marshal, DelDOT and the
Kent Conservation District. This evening, the Commission is dealing with a Site Plan
application. There are three waiver requests: the reduction of parking requirement, the partial
elimination of sidewalk, and the rear emergency access requirement for townhouses. There is
also needs to be consideration on the Cash-in-lieu of Active Recreation Area Construction.
Mr. Hartman stated that he would like to understand more about the cash-in-lieu waiver. He
doesn’t understand why we have suggested that it be approved when there is another alternative
which is to reduce the size of the footprint of the area. Responding to Mr. Hartman, Mrs.
Melson-Williams stated that the City’s Zoning Ordinance does allow in cases where the required
amount of Active Recreation Area may not be practical or desirable to implement, there is the
opportunity to seek a Cash-in-lieu of building recreation area. In this case, the overall property is
somewhat limited because of the impacts of floodplain and wetlands to what can be the
development area for the project site. Planning Staff thought it was reasonable that the open field
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provided at least some on-site opportunity for the active recreation to fit a variety of ages and
that the balance of it could certainly make use of the Cash-in-lieu of Recreation Area
Construction. The unit count for this site would require them to provide a half acre of land for
Active Recreation Area which would be a substantial impact to the project site. Even if they
were to reduce the number of units, they are still going to have that half acre requirement
because it is the greater of the two when you do the Active Recreation Area calculation which is
based on a per unit calculation to start. They are required to have 275 SF of Active Recreation
Area per unit or a half acre, whichever is greater. “Whichever is greater” is going to govern for a
substantial part of this project no matter what the unit count is. It does not qualify for some of
our small development exemptions because of the size of the overall property to start with. That
is part of the reasons collectively that Staff felt comfortable recommending the Cash-in-lieu of
Active Recreation Area Construction.
Mr. Hartman stated that when he looks at the plans for Unit B, the townhomes, it doesn’t appear
that they have access to a rear yard. Is that correct? Responding to Mr. Hartman, Mrs. Melson-
Williams stated that is true. They are not individual lots for the townhouses; they are collectively
on the same parcel. There is limited area to the rear of the townhouse units because of what are
limitations due to proximity of wetlands and floodplain areas where development would be
prohibited.
Mr. Hartman questioned if those were artificial limitations? Those were limitations that were
designed in and you have three units where people will be stepping out of their back door right
into the floodplain. They won’t be able to have a patio or anything back there and then to cut
down the Active Recreation Area to the little area up in the corner. Did Staff consider that?
Responding to Mr. Hartman, Mrs. Melson-Williams stated that there is some limited tree
clearing that is occurring but she thinks that the area where the active recreation is proposed is
somewhat of a clear area. It does not have major tree growth that you see to the northern part of
the property. You may also wish to hear from the applicant and their presentation about the
project and some of their design thinking. Certainly, this site is limited in where development
activity can happen because of the floodplain and the wetland areas, both of which are limited by
the Zoning Ordinance to remain as a natural area with no development impacts.
Mr. Lardner stated that it is a very unique project in that these parcels have been in the LLC’s
name for decades. Over time it has seen the Route 1 construction occur on the adjacent property.
In doing so, it has also seen the environmental challenges that have occurred regarding the
floodplain and how the floodplain has increased with some of that construction. It is in the City
Code to protect the floodplain and wetlands and that has severely limited the developable area of
this project. This project is a little over eleven acres of which only three acres is outside of the
floodplain so it has a lot of natural features that are being protected. People can walk through the
wetlands, they just can’t physically put anything pervious on that area. So walking trails and
things of the like which would be a great asset cannot be constructed with the limitations. In
doing so and looking at the surrounding areas, they thought that this type of project, a mixed
housing type project, would be appropriate with apartments and townhouses. Given the adjacent
communities and other residential areas, they thought this would be a good fit for that
surrounding area. They submitted some of their waivers due to these limitations such as the
sidewalk cannot go beyond Route 1 anyway. The only way to bring in that sidewalk would be at
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grade on White Oak Road. The parking makes sense from a residential standpoint versus a
commercial standpoint. They talked about the Active Recreation Area. He is getting ready to
drop his youngest daughter off to college this Saturday. Just to be able to enjoy time with his
kids and throw around a ball, that is why they thought having a small little pocket for that ability
there and then being able to use the Dover Park that it made sense. That is why they brought this
application before this body tonight.
Mr. Tolbert questioned if the applicant would be able to continue working with Staff having
heard Mrs. Melson-Williams’ comments? Responding to Mr. Tolbert, Mr. Lardner stated yes and
they have read the DAC Report and they will comply and continue to work with Staff.
Ms. Edwards stated that when you are looking at the right three townhomes being very close to
the wetlands, do you know what the distance is between the construction area and where that
begins and what plans are in place to make sure that it is not disturbed? Responding to Ms.
Edwards, Mr. Lardner stated that he does not know the distance off of the top of his head. As far
as protections, the homeowners will be notified of the limitations of that area. There is probably
a way that they can mark it so they can understand where those limits are whether they do it by
signage or some other means.
Ms. Edwards further questioned how they plan to no disturb that area during the construction
phase of the project? Responding to Ms. Edwards, Mr. Lardner stated that it is going to be a
challenge during the construction phase knowing that they cannot disturb those wetlands. It is
something that they will have to work with the home builder on how to do that. It is not the first
project to have severe limitations on traffic ability so they will work with the construction
company to build these houses in a safe way and to not disturb the environment that they are
trying to protect.
Ms. Edwards stated not that it matters, but do they know who the construction company is yet?
Responding to Ms. Edwards, Mr. Gardner stated no, not at this time.
Mr. Roach stated that as far as he noticed the recreational areas are all of the way to the side by
the townhome units. He sees a little area where a pond is going to be. He doesn’t know anything
about why but is it possible to split that area so there could be some recreational space between
the apartments and townhomes versus having to pass the townhomes to get to that area?
Responding to Mr. Roach, Mr. Lardner stated that they could take a look at it. Stormwater
management is going to be its own challenge with the current regulations. They chose the
stormwater where it is because it’s central to both projects. Depending on how infiltration rates
turn out, they could look at tweaking it. If it makes sense for the project, they could look at
moving that active recreation area closer. But right now based on what they know today, he
thinks that the stormwater is going to have to stay where it is.
Mr. Hartman questioned if the applicant thinks that Staff’s recommendation to enhance the
pedestrian/bike access to Dover Park is feasible? Responding to Mr. Hartman, Mr. Lardner stated
that on the surface right now, they do think it’s feasible. They will have to work with DelDOT.
They first looked at coming across Baytree. He just doesn’t know if there is enough room
between the edge of paving and the wall. Two foot of sidewalk would make DelDOT satisfied
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from a safety standpoint. We could then look at crossing White Oak Road. The question would
be where would that crossing be as there is no signalized intersection. They would have to work
with DelDOT on the appropriate location. On the surface, they are saying yes it is feasible, they
just haven’t gotten the true details yet on where that path needs to go and all of the different
requirements of DelDOT to get that path to connect to the existing sidewalk towards Dover Park.
Mrs. Maucher stated that for the overflow parking, the parking is limited for the number of
apartment dwellings and townhomes. Is there parking along the access road going in?
Responding to Mrs. Maucher, Mr. Lardner stated that there will be no parking on the access
road. It is parked at 2.25 spaces per unit so the 0.25 spaces allows for the overflow parking.
Parking has been interesting and they have had a lot of questions. What that means is that some
of the other apartment companies that they have represented in the past, tell them that their
numbers are about 1.6 to 1.75 per unit. The Code does allow for overflow parking of 0.25 spaces
per unit so on a twenty-four unit building they are at ten extra spaces above and beyond the two
spaces per residence which he thinks is more than enough. Plus the townhomes have an extra
parking space per unit for overflow as well but per the Fire Marshal regulations, they would not
be able to park in the alleys or the fire lanes.
Mr. Roach questioned if they knew the sizes of each apartment unit? Responding to Mr. Roach,
Mr. Lardner stated that they are about 900 square feet and there are eight units per floor with a
common stairwell on the left side or right side. So its four units per stairwell.
Mr. Tolbert opened a public hearing.
Mrs. Kathy Potter
Mrs. Potter stated that she is a homeowner in Dover; not within the 200 feet of this project but
she travels Acorn Lane a lot because she lives just off of Acorn Lane. When she saw the sign,
she took a picture and started researching information. She has several questions and she doesn’t
know if she will get answers tonight or if it is just her presenting her questions for the
Commission to discuss later. For the parking, she doesn’t know why they need a waiver. There
are engineering standards for these numbers and she thinks that most of us have been to an
apartment complex and have not found a parking spot. She doesn’t see why we would even
consider a parking waiver. She thinks personally that it is probably just cost or space but again,
we have engineering standards for a reason and they are based on empirical data. She had looked
at some documents that were online and she thought that she read where there was a 40%
difference in parking between if you use Method A or Method B. That is a pretty big difference
so please keep it in mind. Based on this drawing she would anticipate a lot more people than 2.5,
but that is because she has lived in apartments in her lifetime. For the townhomes, will the
parking in the driveway block the cross walks? If you look at any other townhome development
in Dover, there are generally people parked two up because they can’t fit in front of the
townhomes because the driveways are too close. We can’t block the crosswalks because that
would certainly be a violation for people walking by with strollers or wheelchairs. For the
sidewalk, she is not quite sure if it will connect from Baytree to this development? She doesn’t
expect it to go beyond over to Route 1 but connect it up to Baytree because there is no sidewalk
on the opposite side of the road. If you are going to have children walking to Dover Park because
there is no park on the property, they are going to have to walk down towards Baytree and cross
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over either before Manchester Square or after. There is no sidewalk on the other side of the road;
it is heavily vegetated and no one is going to walk over there. When she was reading the
documents before she came, it stated a wetland determination and it noted in the Report that
there is construction very close. Potentially deed restrictions can be done but as Mr. Hartman
pointed out; people aren’t going to be able to use their yard. You can put a deed restriction in or
put signs up but people are going to do what they want to do. You are going to have someone
who wants to put a shed in the back yard of that townhome and they are going to put in right on a
wetland. She would personally never suggest putting a pathway through a wetland. That is
regulated and you can’t just arbitrally cut through or put down wood planks to make your own
path through a wetland. That is not possible and it is not approved by the EPA since they are in
charge of wetlands or maybe its DNREC. She is just kind of surprised by some of the waivers
and she just wanted to get more information as to why the waivers were requested. She had no
problem with the fire one because she read where they wanted to construct the buildings with a
little more fire retardant and alter the materials from house to house.
Responding to Mrs. Potter, Mrs. Melson-Williams stated that she can address several of the
questions. The first question was about the parking waiver. You are correct; there are two
methods of calculating parking for this property based on its zoning. The zoning district of C-2A
(Limited Central Commercial Zone) is typically developed in a commercial fashion meaning you
have retail stores, offices and those types of things where doing a parking calculation based on
floor area is the typical means. In allowing the apartments and the residential components to
occur in the C-2A (Limited Central Commercial Zone), there was not additional guidance or
provisions specifically given as to how to calculate parking. For the townhouses, the Code is
actually clear about what that rate should be but the apartments are rather silent about what you
do with apartments in C-2A. Apartments as a use in general have a parking requirement which is
referred to as Method B which is a per unit calculation of two regular parking spaces plus 0.25
spaces to accommodate for a visitor rate for the overall complex. That is the differences in the
Code. It’s perhaps where the Code should be clarified about what you should do when you have
multi-family, meaning apartments, in the C-2A (________). Probably some better Code writing
could or should have happened there but they do have as part of our Code provisions, the ability
for them to seek a waiver to reduce the parking. In this case, it would be a reduction if you
consider Method B versus Method A in the two ways of calculating it. The second waiver that
you had a concern about was the sidewalk. There are two different sidewalk issues with this
project. One is the Code requirement of the property involved; the frontage of it is required to
have sidewalk along it. That is where they are seeking a waiver. The discussion of sidewalk
connection leading to Dover Park is a recommendation for them to evaluate that. It is not a Code
requirement; it’s something that Staff realized due to the proximity of this location to what is an
existing City Park that there should be an opportunity to traverse to that. You are correct. There
are portions on the White Oak Road frontage between this location and the park which are
perfectly fine and have sidewalks that actually occur on both sides of the road; however, there
are areas where there is no sidewalk. There is somewhat of a shoulder that is striped on White
Oak Road in this area. She thinks the applicant has heard the concern about making that potential
connection for their residents to Dover Park and is going to at least make some attempt with
DelDOT which would be the governing agency in dealing with White Oak Road about where
and perhaps improvements can be made to make that pathway connection. On the question of
wetlands construction and how close that is to the townhouses, that is noted in our Report and
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she thinks that they will have to be cognizant of that. As their design gets refined, there may be
the opportunity to tweak the placement of that building to push it a little bit further away from
that wetland area and to make that distinction much better.
Mr. Tolbert questioned if Mrs. Potter had talked to her neighbors about her concerns?
Responding to Mr. Tolbert, Mrs. Potter stated just a few of them but she has neighbors who are
not sometimes using that road because she can go either way on Acorn Lane. She knows her first
thought when she was speaking to Mrs. Melson-Williams was that she already knows that it is a
State road. She already knows that DelDOT is going to have to determine if there is a traffic light
that is going to have to be put in place. She personally thinks that there will be down the line but
it’s not the City’s decision and she understands that. She has not found a person at DelDOT to
ask the question to yet but she knows that it is very early into the project. Other than seeing the
yellow sign, they (her neighbors) didn’t know.
Mr. Tolbert stated that her neighbors aren’t here to support what she is saying. Responding to
Mr. Tolbert, Mrs. Potter stated that she just came with questions. She wants to know why the
parking waiver is even requested. On the other hand, why is it approved because she can see
where maybe there can be additional parking done with impervious surface done but again with
the wetlands it is interesting. When she sees the topography which you don’t see at all on that,
it’s much closer than what she first thought.
Mr. Tolbert questioned if Mrs. Potter has had any conversations with the developer about her
concerns? Responding to Mr. Tolbert, Mrs. Potter stated that she didn’t know anything that was
going on other than what she read online several weeks ago.
Mr. Tolbert stated that he would suggest that she sit down and have a talk with the developer and
her neighbors for any concerns that you may have regarding what they are doing.
Mr. Tolbert closed the public hearing.
Mr. Hartman questioned if it is possible to vote on the project and defer the waiver concerning
the Cash-in-lieu until the applicant can provide us with a better plan on the pedestrian bicycle
access to Dover Park? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the Cash-
in-lieu is what they have proposed for meeting part of their Active Recreation Area Construction.
Having a pathway leading to Dover Park isn’t necessarily going to count directly towards them
having constructed Active Recreation Area. The Cash-in-lieu of Active Recreation Area
Construction is to help satisfy the deficit that this property has in what it is constructing. The
other is more of a recommendation about the larger circulation in the area. It is related to Active
Recreation amenities perhaps for the applicant’s proposal but if they get a sidewalk, the area of
that sidewalk is not going to be able to count towards their Active Recreation Area Construction.
They either have to build area on their property or the Cash-in-lieu of Active Recreation Area
Construction has to be the makeup piece of it.
Mr. Hartman stated that he thinks he understands that but wasn’t it Staff’s recommendation to
approve that waiver partially based upon access to Dover Park? Responding to Mr. Hartman,
Mrs. Melson-Williams stated that their recommendation in the Recreation Area Report on Page
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6, in their statement for recommending approval of the open lawn, they do note that it is within
proximity of the City Park. She doesn’t know that it specifically says that they have to provide
the way to get there and that is the only reason why they are granting approval. She thinks that in
this case, this project site has the impacts of the floodplain and wetlands area are perhaps in this
case, more significant than dealing with the fact of the proximity to Dover Park. It is related but
not as significant as the limitations that the natural areas of the floodplain impact on this
property.
Mr. Roach stated that he had a similar concern about the amount of parking. Obviously from a
logical standpoint, and he is not an architect, if there are twenty-four apartment units and there
are two adults in all units, that is forty-eight spaces right off the back. Therefore, that doesn’t
allow for a lot of parking spaces in regards to visitors and because of the fact that there is no off-
street parking in that area. Is that all access behind the building to the right of those six and eight
spaces at the top of the rendering? Is there any way possible to be able to add more parking
spaces? Responding to Mr. Roach, Mr. Lardner stated that there are no other locations to add
parking spaces. If you look on the north side of the access road, they are adjacent to the
floodplain which is one of the concerns that Mrs. Melson-Williams had about the proximity of
that. They can’t do parking closer to the building because then they don’t meet the separation
distance for the Fire Marshal Regulations. So they have provided as much parking as they can fit
within the constraints of the site. He does hear what you say about parking and it is a common
thing. It is common for there to be two adults living in the apartment units but they don’t always
have two cars, sometimes it’s only one car. There is also the mixture of bedroom counts. He
doesn’t know what that mixture is going to be yet between one bedroom, two bedroom or three-
bedroom apartment units. Industry wide, two parking spaces has always been the magic number.
He did a project recently where they counted three apartment complexes and they only need 1.67
spaces. They counted those four times during the day: at midnight, 8 in the morning, middle of
the day to see what the parking count was. Typically, you have a 90% occupancy rate because
there are some unit turnovers that are there. You have some people that work night-time versus
day time. So to have all of that perfectly happen, it could happen but it is highly unlikely.
Ms. Maucher questioned what happens to the project if they don’t get that parking waiver?
Responding to Ms. Maucher, Mr. Lardner stated that if the parking waiver isn’t approved, the
only thing that could be built there is commercial. An apartment building based on square
footage would require ninety-seven parking spaces. That would be the entire building footprint to
put ninety-seven spaces there. The project is dead if the residential parking would not be
allowed. He doesn’t know if a commercial use makes sense even though it is zoned to be that
way.
Ms. Maucher further questioned if there has been a consideration in reducing the number of
apartment units? Responding to Ms. Maucher, Mr. Lardner stated that it is based on the building
square footage is how that calculation comes out; it doesn’t matter about the residential units
anymore. The Code is written based on the square footage of the building; it doesn’t care what
the use is. Even if he knocked out eight units, it would still require seventy parking spaces. They
would never get down to that number and if they did, there would be twelve apartments at that
time. It doesn’t make sense to do an apartment complex for twelve units. This Code is written
towards a commercial ideology and for whatever reason the Code is silent for a residential use
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although it is permitted. The thing that makes the most sense would be to apply a residential
parking requirement which for apartments is 2.25 spaces per unit. The waiver is to apply the
residential parking count versus a commercial parking rationale. That is why they requested a
waiver to allow the residential to be calculated versus a commercial square footage process.
Ms. Maucher stated that she still has concerns because there is no parking on the side of the
access road going in for the townhomes. Responding to Ms. Maucher, Mr. Lardner stated that it
will be signed and striped that there will be no parking allowed on it and the Fire Marshal would
have jurisdiction to enforce that requirement.
Ms. Edwards moved to recommend approval for Revised S-19-15 White Oak Road Property:
Apartments and Townhouses on 3 parcels of land on White Oak Road to include the waiver
requests for the reduction in parking, the partial elimination of sidewalk and the rear access for
townhouses, with the DAC Comments and the consideration of Cash-in-lieu, seconded by Mr.
Baldwin and the motion was carried by roll call vote with Mr. Adams and Dr. Jones absent. Ms.
Edwards voting yes; based on the applicant’s willingness to adhere to all of the
recommendations that have been set forth and based on Staff approval of the waiver requests.
Mr. Hartman voting yes; based on the applicant’s assurances particularly regarding the cash-in-
lieu of the Active Recreation Area and providing the access to Dover Park. Mr. Baldwin voting
yes; based on the applicant’s willingness to work with Staff and also Staff’s comments. Mrs.
Welsh voting yes; based on previous comments. Ms. Maucher voting yes; based on Staff
comments. Mr. Roach voting yes; he thinks that it is going to be a great addition to the City.
There is always a need for more housing and they appreciate the applicant’s willingness to work
with Staff and the community in regards to their concerns as it pertains to the project. Mr.
Tolbert voting yes; for all of the reasons stated and the applicant is willing to continue to work
collaboratively and cooperatively with Staff regarding this matter because a lot of issues have
been raised.
2) MI-19-04 Text Amendment: Industrial Park Manufacturing Zone – Technology Center IPM-2
– Public Hearing and Review for Recommendation to City Council of Text Amendments to
the Zoning Ordinance, Article 3 – District Regulations, Section 20A - Industrial Park and
Manufacturing Zone – Technology Center (IPM-2); Article 4 Section 4.16 - Zoning Bulk and
Parking Regulations; and Article 12 - Definitions. The proposed Ordinance allows for a
broader range of potential uses in the IPM-2 zone while retaining the emphasis on technology
versus general manufacturing uses. It also adds definitions for the following terms: logistics,
warehouse, and warehousing. Ordinance #2019-15.
• A copy of the Proposed Ordinance #2019-15 is available on the City’s website
www.cityofdover.com under the Government Heading: Ordinances, Resolutions &
Tributes. https://www.cityofdover.com/ordinances-and-resolutions
• Amendments on June 11, 2019 and First Reading was held by City Council on June
24, 2019 where the Public Hearing dates were set for Planning Commission on
August 19, 2019 and City Council on September 9, 2019.
Representatives: None
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Mr. Hugg stated that the proposed Text Amendment adds provisions to the IPM-2 (Industrial Park
and Manufacturing Zone – Technology Center) zoning classification to clarify the business and
professional services, data management, trans-shipment and distribution and logistics support are
permitted uses in the Zoning District. It also modifies the name of the Zoning District to IPM-2
(Industrial Park Manufacturing Zone – Business and Technology Center). About twenty years ago
the City and the State determined that this area of Kent County needed an additional industrial park
that was devoted primarily to technology based firms and at that particular time, the microchip
industry was looking seriously at Delaware. The State provided money to the City to buy the
property known as the Garrison Tract and in the course of that process; the City adopted the IPM-2
Technology Center Zoning District that exists today. There was language in the State Bond Bill back
in 2000 that required that for at least a period of ten years, the primary uses be directed to
information technology, life sciences, semi-conductor fabrications, scientific research and
development and high tech manufacturing jobs. As you know, we are now at almost twenty years
later. Until about 2009 when the property was fully subdivided and improvements were met, there
were essentially no uses of the property. The activities that are out there today are a solar park, a
combined cycle gas fired energy generation facility, a flooring materials manufacturer and probably
only use that is very consistent with the original intent; this year Advantech built their facility at this
location. They are a high technology security firm so they may be the closest to what was originally
envisioned. In September of last year, Kent County through their new Economic Partnership,
commissioned a study by Rockport Technologies that looked at Kent County in terms of potential
markets for new jobs and new business activity. One of the top three that emerged based on an
analysis of what they call inputs and outputs was the wholesaling, logistics, and distribution area
where there is about a $300 million deficiency. In other words, jobs that could be and would fit in
Kent County and economic activity would have been directed elsewhere. The City, State and the
KEP are all interested in making Kent County more attractive and more viable for those kinds and
other kinds of industries. As part of our City marketing strategy, we went to City Council and asked
that the overall purpose of the park be refined and clarified to allow an expanded list of potential
business activities. In particular, the current IPM-2 zoning district specifically prohibits warehousing
and distribution kinds of businesses, the very thing that Kent County and the City are trying to
promote. The amendment to the Ordinance is offered to reflect the expansion of the original purpose
and nature of the park, reflecting current business conditions and the changing marketplace and to
hopefully make the facility much more marketable. The City Council Committee of the Whole
Legislative Finance and Administration Committee was presented with a proposed Text Amendment
on June 11, 2019 and they recommended approval of the proposed Text Amendments at their first
reading on June 24, 2019. Because this is a Text Amendment, a public hearing and recommendation
of the Planning Commission is required which is what we are doing tonight. City Council will
conduct a public hearing and take final action on the Ordinance on September 9, 2019. They may act
to adopt the Ordinance or part of it or to amend it as appropriate. This Ordinance was developed by
the Planning Staff so therefore they recommend it adoption. The Planning Office provided an
opportunity to the Development Advisory Committee to comment on the proposed Text Amendment
at their meeting of July 31, 2019 and no negative comments or recommendations were received from
the DAC members.
Ms. Edwards questioned if the reason for the Text Amendment is so that this particular park can
house different types of businesses? Responding to Ms. Edwards, Mr. Hugg stated yes; it changes
the prohibition on those couple of uses to a permitted use.
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Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mrs. Welsh moved to recommend approval to City Council for MI-19-04 Text Amendment:
Industrial Park Manufacturing Zone – Technology Center IPM-2, seconded by Ms. Maucher and the
motion was carried 7-0 by roll call vote with Mr. Adams and Dr. Jones absent. Mrs. Welsh voting
yes; because it is a necessary change in order to comply with the intent of the park as it is now. Ms.
Maucher voting yes; this expands opportunity for different businesses. Mr. Roach voting yes; for
reasons previously stated. Ms. Edwards voting yes; based on reasons previously stated. Mr.
Hartman voting yes; based on Mr. Hugg’s comments and he believes that it is a good step for Dover.
Mr. Baldwin voting yes; for the reasons previously stated. Mr. Tolbert voting yes; this amendment is
clearly needed at this point in time.
NEW BUSINESS
1) Nomination and Election of Officers (Chairman and Vice-Chairman)
Mrs. Melson-Williams stated that this is the time of year when the Planning Commission
conducts their Annual Meeting. Typically, it is held in July but since we were still in the middle
of appointments and re-appointments we held off until this evening. Included in the packet were
the By-laws of the Planning Commission. A couple of key things about the officers of the
Planning Commission; there is a Chairman and a Vice-Chairman that are elected each year. The
election of officers is typically done by a secret ballot. In years past, they have suspended that
rule but we will have to have a motion to do that. In electing the Chairman and Vice-Chairman,
they are limited to four consecutive one year terms, meaning your Chairman can serve for four
years before having to vacate that seat for a period of one year before being re-elected to that
Chairman position. The same holds true for the Vice-Chairman. She has to report to the
Commission that the current Chairman Mr. Tolbert has now completed his fourth year of service
and as per the By-laws baring any kind of amendment to the By-laws he would be required to
vacate that Chairmanship and have a new Chairman elected to serve the Commission. Currently,
Dr. Jones is the elected Vice-Chairman of the Commission. She was elected to that position in
February 2019 after Mr. Dean Holden resigned his time of service here with the Planning
Commission due to his relocation move.
Mr. Roach moved to suspend the use of the secret ballot process, seconded by Mr. Baldwin and
the motion as carried 7-0 by voice vote with Mr. Adams and Dr. Jones absent.
Mr. Roach nominated Mrs. Maucher as Chairman for the Planning Commission.
Mrs. Maucher nominated Dr. Jones as Chairman for the Planning Commission.
Mr. Tolbert stated that Dr. Jones was going to be his nomination because she has had a wealth of
experience dealing with the government in various capacities.
Mr. Roach questioned if it is possible to nominate Dr. Jones as Chairman in her absence?
Responding to Mr. Roach, Mr. Tolbert stated that she is in favor. She has no problem with the
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nomination.
Mr. Roach moved to change his nomination of Chairman to Dr. Jones and to nominate Mrs.
Maucher as Vice-Chairman, seconded by Mrs. Welsh.
Mr. Baldwin moved to close the nominations with the two names presented, seconded by Ms.
Edwards and the motion was carried 7-0 by voice vote with Mr. Adams and Dr. Jones absent.
Mr. Roach moved to elect Dr. Jones as Chairman and to elect Mrs. Maucher as Vice-Chairman,
seconded by Mrs. Welsh and the motion was carried 7-0 by voice vote with Mr. Adams and Dr.
Jones absent.
2) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission
(in accordance with Zoning Ordinance, Article 10 §2.28)
Mrs. Melson-Williams stated that also associated with the Annual Meeting is the appointment of
the Architectural Review Oversight Subcommittee of Planning Commission. This is outlined in
the Ordinance as well. Typically, it consists of two members of the Planning Commission that
serve, there is the Mayor or the Mayor’s designee if he is unavailable and then there are design
professional members that are appointed. Currently, the composition of that Subcommittee is
Planning Commission members Mrs. Welsh and Mrs. Maucher. If they are both interested in
continuing to serve in that capacity when called upon, this will be an easy task. If not, we will need
some volunteers or nominations for those positions.
Mrs. Welsh stated that she is happy to continue.
Mrs. Maucher stated that she is happy to continue as well.
Mrs. Melson-Williams stated that they will reach out to the current design professional members
that are listed here. If you have other suggestions, they can certainly take those into consideration
as well. If there are no objections, Staff can confirm if Mrs. Sarah Keiffer, the Director of Planning
Services Department for Kent County and Dr. R.J. Chandler who is a faculty member at Del-Tech
would be interested in continuing to serve as the design professionals on that Subcommittee.
3) Project for Dover’s 2019 Comprehensive Plan
a. Update on Project Activities
Mrs. Melson-Williams stated that as of last Wednesday they have issued a Staff Draft #1which
means that all of the text writing that they have done to date and all of the Chapters are in one
cohesive document and it has been released to Planning Staff to read through. The Staff Draft #1
was also released to City Department Heads for their initial review to make sure that they have
not done some glaring mistakes in data related to their departments. She imagines that they are
reading anxiously as well as a number of them have asked about it. They are making progress
towards bringing a document to the Planning Commission. They are on track to have it submitted
to PLUS for an October 1st deadline. So within the next month and a half there should be a full
document that is released to the public to really start the formal review process of the project.
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Mr. Tolbert questioned if the Planning Commissioners would also get a copy? Responding to
Mr. Tolbert, Mrs. Melson-Williams stated that they will certainly get a copy. They will have to
read it and will have hearings to go along with it; so be prepared.
Mrs. Maucher thanked Mr. Tolbert for four years of leadership of this Commission. Responding
to Mrs. Maucher, Mr. Tolbert stated that personally he thinks that every member should have an
opportunity to conduct this hearing especially when the Chamber is full of people.
Meeting adjourned at 8:26 PM.
Sincerely,
Kristen Mullaney
Secretary
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City of Dover
DATA SHEET FOR SITE PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 4, 2019
PLANNING COMMISSION MEETING OF September 16, 2019
Plan Title: DSWA Administration Building (S-19-19)
Plan Type: Site Development Plan and Lot Consolidation Plan
Owner: Delaware Solid Waste Authority
Property Addresses: 601 and 801 Energy Lane
Location: North side of Energy Lane east of Bay Road
Current Site Areas: Lot 4: 2.1278 acres +/-
Lot 5: 5.2065 acres +/-
Proposed Combined Site Area: 7.3343 acres +/-
Present Use: Vacant land in Planned Industrial Park
Proposed Use: Office Building
Proposed Building Area: 23,487 SF
Impervious Areas: Proposed – 39%
Off Street Parking Required: 1.5 spaces per employee (1.5 x 40 = 60 spaces)
Off Street Parking Proposed: 59 parking spaces
Sewer & Water: Proposed City of Dover
Zoning Classification: IPM (Industrial Park Manufacturing Zone)
Planned Industrial Park
Waivers Requested: Partial Elimination of Curbing
Alternative Design Standard: Rear Setback Requirement
For Consideration: Performance Standards Review Application
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
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CITY OF DOVER City of
Dover
DEVELOPMENT ADVISORY COMMITTEE Planning
Office
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: September 4, 2019
APPLICATION: DSWA Administration Building at 601 and 801 Energy Lane
FILE #: S-19-19 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196
I. PLAN SUMMARY:
This is a Review of a Site Development Plan and Lot Consolidation Plan Application to
construct a two-story 23,487 SF office building with associated site improvements. The subject
properties to be combined total 7.3343 +/- acres and are located north side of Energy Lane east
of Bay Road. The submission will be subject to a Performance Standards Review Application.
The properties are zoned IPM (Industrial Park and Manufacturing Zone). The owner of record
for both properties is Delaware Solid Waste Authority. Property Addresses: 601 and 801 Energy
Lane. Tax Parcels: ED-05-077.00-03-04.00-000 and ED-05-077.00-03-05.00-000.
Previous Applications:
The overall property was originally subdivided with Application SB-05-05 Stover Professional
Campus with Planning Commission approvals in September and November 2005. The Record
Plan, recorded on April 20, 2007 subdivided the tract into twelve (12) lots and identified the new
streets to be developed under the guidelines for a Planned Industrial Park with access to the site
from Bay Road. Construction of the Industrial Park infrastructure commenced in 2007 with
utilities, the stormwater management facility, and the streets partially constructed. Site Plan
S-06-37 developed the Mainstay Suites Hotel at 201 Stover Boulevard (Lot 2). Another Site Plan
S-05-32 proposed an office building on Lot 6; however, that plan has expired. Site Plan S-16-11
developed the parcels to the south of this site as the new Office for Chesapeake Utilities. Prior to
the implementation of S-16-11, Application MI-15-07 consolidated the Lots 6 through 12
utilized in the Chesapeake Utilities development and included a Right-of-Way Abandonment.
II. CURRENT PROJECT DESCRIPTION
The current project as submitted by the applicant has two components: a Lot Consolidation Plan
and a Site Development Plan. The property that is currently noted as Lot 4 (2.1278 acres +/-) and
the property currently noted as Lot 5 (5.2065 acres +/-) are to be consolidated into one single
parcel of 7.3343 acres +/-. The Site Development Plan shows one main structure to be utilized as
an office building for the Delaware Solid Waste Authority, along with associated site
improvements. The properties are located on the north side of Energy Lane and east of Bay
Road. Across Energy Lane to the south are the new offices and Dover Campus of Chesapeake
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S-19-19 DSWA Administration Building at 601 and 801 Energy Lane
DAC Report of September 4, 2019
Page 2
Utilities which are also zoned IPM. The property immediately adjacent to the west noted as Lot 3
of the Northgate Center is currently undeveloped. The properties immediately adjacent to the
north along are zoned RG-2 (General Residence Zone) containing Blue Hen Apartments and R-8
(One-Family Residence Zone) containing one-family detached dwellings, part of the Schoolview
Subdivision.
The applicant has noted two waiver requests on their plans. The first is a Waiver Request from
the Zoning Ordinance, Article 6 §3.6 for the upright curbing requirements. The applicant has
stated that they have yet to finalize their stormwater management plan but will likely need to
remove curbing in parts to help facilitate stormwater flow. The second Waiver Request asked for
by the applicant is from the requirements of Zoning Ordinance, Article 3 §20 that requires the
rear setback line for a Planned Industrial Park adjoining a residential district be 100 feet.
IPM Zoning District
This property is zoned IPM (Industrial Park Manufacturing Zone) and was established under the
Planned Industrial Park provisions of Zoning Ordinance, Article 3 §20.5 and Article 4 §4.16.
Waiver Requested: IPM Planned Industrial Park Rear-Yard Setback
The original Subdivision Plan (SB-05-05) was granted a waiver of the design standards for the
setback from the development property line (rear yard setback) on the IPM zoned properties
developed under the Planned Industrial Park design standards. The property line setback was
reduced from 100 feet to 40 feet for Lots 3-10 and was intended to maintain the 100-foot setback
from residentially zoned properties. Planning Commission granted this waiver of the design
standards on September 19, 2005. At the time in 2005, the 100-foot. setback was only applicable
to portions of Lot 5 adjacent to the Schoolview Subdivision.
With this submission, the applicant is again seeking to implement an Alternative Design
Standard for the Rear Yard setback from the developed property line on Lots 4 and 5. The
northern property line is now adjacent to additional lands zoned residentially. The lands of the
Blue Hen Apartments, previously part of Bay Health Corporate Center and zoned SC-3 (now
SC-2) were zoned to RM-2 (April 2007) and then to RG-2 (June 2015).
The applicant has stated that while the majority of the planned building complies with the more
restrictive setback, there is an approximately 40 foot wide section that encroaches into the
setback. The waiver is sought as the neighboring residential property zoned RG-2 and is site of
the Blue Hen Apartments contains a stormwater management pond and wooded areas where
abutting this section of the proposed development on Energy Lane.
III. BUILDING ARCHITECTURE
The architectural elevations for the building were submitted showing all four elevations of the
office building. The overall structure of the building is noted as being two-stories in height and
not more than 35 feet in height. The exterior finishes for the two-story office building consists of
brick masonry in a red tone and vertical gray metal paneling under the eaves of the angled roofs.
The roofs also seem to be surmounted with a solar panel system. The building is shown as
having two wings on either side of a glass atrium, with the wing to the west being one-story and
the wing to the east being two-stories. On the two-story structure, more traditional windows
present on masonry facades, alternating with vertical two-story all-glass walls.
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S-19-19 DSWA Administration Building at 601 and 801 Energy Lane
DAC Report of September 4, 2019
Page 3
IV. SITE CONSIDERATIONS
Site Circulation
The site includes two access points from Energy Lane, one at either end of the proposed
building. These access points both lead to a two-way drive aisle that circles the entire building.
All parking spaces are shown having access directly off of this main drive aisle. Fourteen (14)
parking spaces are currently shown at the front (south) of the building, with the remaining forty-
five (45) parking spaces located at the rear (north) of the building.
V. PARKING SUMMARY
The parking requirement in the IPM zoning district is one (1) parking space per 800 S.F. of floor
area or 1.5 spaces per employee per largest working shift. Based on the proposed building square
footage of 23,847 SF, thirty (30) parking spaces would need to be provided. The plan indicates
forty (40) employees will be working in this building. However, based on the employee ratio,
sixty (60) parking spaces would need to be provided. As this is the greater parking requirement,
(60) parking spaces will need to be provided. The plans submitted by the applicant currently
show fifty-nine (59) parking spaces being provided.
Waiver Requested: Partial Elimination of Curbing
The Zoning Ordinance, Article 6 §3.6(b) requires upright curbing for all parking areas and access
drives. The proposed site development plan as shown includes curbing along all proposed
parking areas and drive aisles. The applicant has however noted a request to partially wave the
requirements for upright curbing so as to help facilitate stormwater management. As the
stormwater management system is not yet finalized for this site, Staff will continue to work with
the applicant to ensure that the approved waiver request applies only to the minimum necessary
to allow for stormwater management.
Loading Spaces
For buildings with professional, governmental, or business offices of at least 10,000 S.F., one
loading berth is required for each 25,000 S.F. or fraction thereof. For this project with a total
office building area of 23,847 S.F., the requirement is one (1) loading berth. The applicant has
noted that one (1) loading space is to be provided. Plans seem to suggest that this loading space
would be located to the west of the office building.
Bicycle Parking
The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. Based
on the number of parking spaces in the parking lot, a minimum of three (3) bicycle parking
spaces is required. While the plans note that parking for three (3) bicycles will be provided, no
bicycle parking facilities or details of such facilities are currently shown on the plans.
Sidewalks:
Zoning Ordinance, Article 5 §18 requires sidewalks to be installed along the public street frontages
of a property, as well as internal to the site, providing pedestrian access from the parking areas to
building entrances. The site proposes construction of sidewalks along the entirety of the Energy
Lane frontage. The plans however do not show sidewalks connecting from the street frontage
sidewalk into the site.
Dumpster
For office and retail uses of less than 50,000 SF, two (2) dumpsters are required for the first
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16,000 S.F. of building area and one for each additional 16,000 S.F. of building area or fraction
thereof. For this project with a total building area of 23,847 SF, the requirement is for three (3)
dumpsters.
A Dumpster enclosure is required to screen the dumpster from view whenever these units are
situated so that they will not be visible from any public right-of-way or from an adjacent
property, as identified in Zoning Ordinance, Article 5 Section 6.11. No details for any either a
dumpster pad or any possible dumpster enclosure are provided.
Lighting
Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot candles at grade. Light
shall also be deflected away from adjacent residential areas and shall not be distracting to traffic
on adjacent roads. The plans note that lighting is not to exceed 1.5 foot candles at grade but do not
note the location of any proposed outdoor lighting nor their details.
VI. PERFORMANCE STANDARDS REVIEW
Uses in the IPM zone are subject to the Performance Standards Procedure set forth in the Zoning
Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections.
Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used
or occupied in any manner so as to cause any one or more of the following conditions to exist and
to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such
a manner or in such amount as to adversely affect the reasonable use of the surrounding area or
adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other
form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid
refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway
network to fall below acceptable levels of comfort and convenience; or other substance, condition
or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any
use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it
conforms to the regulations of this section limiting dangerous and objectionable elements at the
point of the determination of their existence.
The project’s compliance with a series of performance standards for the “dangerous and
objectionable elements” is to be considered by the Planning Commission. The “dangerous and
objectionable elements” are as follows:
• Fire and explosion hazards (activities with and storage of)
• Radioactivity or electromagnetic disturbance
• Noise (sound pressure level)
• Vibration
• Smoke
• Odors (Odorous gases or odorous matter)
• Fly ash, dust, fumes, vapors, gases and other forms of air pollution
• Glare (from lighting or high temperature processes)
• Liquid or solid wastes
• Traffic congestion (Level of Service E)
The project cannot cause the above conditions to exist so that they adversely affect the surrounding
areas or adjoining properties. The specific limits of each performance standard are described in the
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Zoning Ordinance. Where the performance standards conflict with regulations established by other
state or local agencies such as the Delaware Department of Natural Resources and Environmental
Control (DNREC), the more restrictive regulations apply.
As part of this procedure, a separate Performance Standard Review Application is required to
accompany the application for Site Plan approval. The applicant has submitted a Performance
Standard Review Application letter indicating how the proposed development will restrict the
above-mentioned objectionable elements. The Planning Commission may refer the Application to
expert consultants for review if deemed necessary. The Planning Commission is charged with
determining if the proposed use as an office facility conforms to the applicable performance
standards.
VII. TREE PLANTING AND LANDSCAPE PLAN
The initial subdivision of this land into the Stover Homes Professional Center (later renamed to
Northgate Center), noted that this site was subject to woodland preservation requirements, as
stipulated in the Zoning Ordinance, Article 5 Section 16.5. Subsequently, only 50% of any
existing woodland on the overall site could be cleared. The extant woodland currently on Lot 5 is
therefore required to remain.
The submitted plan sheets include a Landscape Plan. While the site overall is 7.3343 acres +/-,
the applicant has identified a Site Development Area of approximately 181,000 SF. Based on this
calculation, a minimum of (61) trees will need to be planted. The applicant has included a
Landscape Plan with their submission which does note that (61) trees will be planted as well as
noting their type and location. The new planting exist primarily along the property line with the
neighboring Blue Hen Apartments to the north.
The development of this property in the IPM Zone as part of the Planned Industrial Park requires
a ten (10) foot landscape buffer along all property lines and with 35% of the site as grass or
landscaping. The site as proposed currently shows a lot coverage of only 39%. This project
complies with these requirements. The Landscape Plan must take into account the location of all
proposed utility lines and other site elements to avoid conflicts.
Opaque Barrier
Screening is required wherever a non-residential use abuts a residential use. This screening must
consist of an opaque barrier (a fence, wall, or berm) at least six feet in height, accompanied by
landscaping (Zoning Ordinance, Article 5 §7.2). This requirement applies to the north side of the
property. The plan as submitted by the applicant indicates a fence will be provided along the
northern edge of the property line accompanied by landscaping to the south of the fence as a
series of evergreen and deciduous trees.
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE.
VIII. CITY AND STATE CODE REQUIREMENTS:
1) Review and Approval of the Performance Standards Review Application is required for the
property development in accordance with Zoning Ordinance, Article 5 §8.6. A Letter as the
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Performance Standards Review Application was submitted for consideration by the Planning
Commission.
2) Upright curbing must be provided around all parking areas unless a waiver is granted by the
Planning Commission. A waiver request for the partial elimination of curbing was submitted
to the Planning Office for consideration by the City Planner.
3) The Rear Yard Setbacks must be observed unless a waiver is granted by the Planning
Commission. A waiver request for alternative design standards (reduction in the rear yard
setback requirements) was submitted for consideration by the Planning Commission.
4) Sheet C-001, Cover Sheet:
a. Site Data Column:
i) The scale is noted as being 1” – 50’. Please ensure that the scale described is accurately
represented on the plans.
ii) Please note that neither property is subject to the requirements of the SWPOZ.
iii) Please correct the Maximum allowed Lot Coverage to show 65%
iv) The minimum number of parking spaces required based on an employee count of 40
employees is 60 parking spaces. The plan currently only shows 59 parking spaces.
v) Please edit the tax parcel map numbers to read:
(1) Lot 4: ED-05-077.00-03-04.00-000
(2) Lot 5: ED-05-077.00-03-05.00-000
b. Please note the dimensions of all lot lines.
c. Please remove line items #4, #11 and #12 as they refer to a different application.
5) Sheets C-201, Site Plan:
a. Please identify the location of any proposed signage.
b. Please identify the location, direction, power and time of use for any proposed outdoor
lighting.
c. Add parking bumpers to parking spaces in locations where curbing is eliminated.
d. Identify location of bicycle parking rack(s).
6) Sheets L-101 Landscape Sheet:
a. Please identify the 181,000 SF “Site Area” of the Site being used in the calculations for
the tree density requirement. Please refer to this area as the “Development Area”.
b. Please note the tax parcel numbers and zoning type.
c. Please include that address and telephone number of the design professional who
prepared the plan.
d. Ensure that the tree planting for the Opaque Barrier provides a continuous evergreen
screen. Add trees or hedge plantings as necessary.
7) The Site Plan set will need to be updated to reflect any changes recommended or approvals
for waivers granted by the Planning Commission.
8) The Site Plan submission must include a Details sheet in the plan set to include details on the
dumpster enclosures, sidewalks, curbing, traffic control signage, striping and markings, bike
rack, light fixtures, sanitary sewer and water systems, and any other utility details required.
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9) Staff notes that architecture for the building will be evaluated at time of Building Permit
application for compliance with architecture as approved by the Planning Commission. The
building architecture may be required to come before the Planning Commission for
additional review if significant design changes to the buildings’ exterior finishes in form and
materials.
10) Any proposed signage is subject to the Sign Regulations of the Zoning Ordinance.
IX. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE
OBJECTIVES
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in
considering and acting upon Site Development Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 2.21 to 2.28.
1) Waiver Requested: Elimination of Curbing: In accordance with Article 6 §3.6(b) related
to the requirement for upright curbing, Staff has approved the request to partially
eliminate the upright curbing requirement for the Office Building where necessary
pending the completion of the design of the stormwater management. Staff will continue
to work with the applicant to determine the best method for stormwater runoff. The
applicant should however ensure that any parking spaces affected by the removal of any
upright curbing, contain parking bumpers.
2) Waiver Request: Alternative Design Standard (Reduction of Rear Yard Setback): Staff
recommends approval of the reduction of the Rear yard Setback. Specifically, a reduction
of the Rear Yard Setback from 100 feet to 75 feet for the portion of the property
bordering the neighboring Blue Hen Apartments and zoned RG-2 is recommended. The
portion of the property bordering the one-family dwellings of the Schoolview subdivision
should retain the 100-foot setback. This would apply only to the portion of the property
line on the side of Blue Hen Apartments contains a stormwater facility and wooded area.
Other agencies may recommend additional considerations to meet code objectives in accordance
with their areas of expertise. Action on all considerations identified in this section and by other
agencies is at the discretion of the Planning Commission.
X. ADVISORY COMMENTS TO THE APPLICANT:
1) The Planning Commission should act upon the request for waivers as part of any motion
regarding this project application, or as a separate motion as necessary. Note: All waivers are
at the discretion of the Planning Commission. The Commission may approve or deny waiver
requests.
2) In the event, that major changes and revisions to the Site Plan occur in the finalization of the
plan contact the Department of Planning and Inspections. Examples include reorientation of
building, relocation of site components like stormwater management areas, and increases in
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floor area. These changes may require resubmittal for review by the Development Advisory
Committee, Planning Commission, or other agencies and commissions making
recommendations in regard to the plan.
3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet
all conditions of approval from the Development Advisory Committee or as otherwise noted.
A Check Print must be submitted for review by Planning Office Staff. Upon determination
that the Plan is complete and all agency approvals have been received, copies of the Plan
may be submitted for final endorsement.
4) The professional engineer and landscape architect signing/sealing the plan are required to
have a City of Dover Business License. Contact the Permit & Licensing Section at (302)-
736-7010 regarding the licensing procedures.
5) Other agencies and departments which participate in the Development Advisory Committee
may provide additional comments related to their areas of expertise and code requirements.
6) For new construction, the requirements of the building code and the fire code must be
complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for
these requirements. The resolution of these items may impact the site design including such
items as building dimensions and height, building openings, and fire protection needs, etc.
7) The applicant/developer shall be aware that prior to any ground disturbing activities on the
site the appropriate site inspections and permits are required.
8) Construction activities will have an effect on the adjacent property owners and to travel lanes
and/or shoulder area of the adjacent roadway. Any work requiring the closing or rerouting of
potential residents or visitors to adjacent properties should be coordinated as to offer the least
amount of inconvenience to the adjacent property owners and the roadway.
9) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor
does it convey permission to place any sign on the premises. Any proposed site or building
identification sign shall require a Sign Permit from the City of Dover prior to placement of
any such sign.
10) The applicant shall be aware that Site Plan approval does not represent a Building Permit and
associated construction activity permits. A separate application process is required for
issuance of a Building Permit from the City of Dover.
If you have any questions or need to discuss any of the above comments, please call the above
contact person at the Department of Planning & Inspections.
Paj 28
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: AUGUST 28, 2019
APPLICATION: Delaware Solid Waste Authority Administration
Building at 601 & 801 Energy Lane
FILE #: S-19-19
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all water, sewer, and storm sewer lines.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer
may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the
owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
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WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the
project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Public Works specifications and requirements.
c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7070 prior to
the start of construction. A representative from the City of Dover Department of Public Works must observe and
approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed
by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted
in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test
holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be
held responsible for field conditions requiring adjustment of the tapping location or for any work required by the
contractor to make an appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine
the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be
submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be
installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is
required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be
installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically
this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the
domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the
building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap
and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is
recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The
Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind
flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must
be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall
be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor
to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls
and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with
mechanical designer.
7. Each property shall be served by a single water service line which shall be furnished and installed by the property
owner. In the event a property contains multiple principle structures, such as shopping centers or apartment
complexes, the property shall be served by a single water main where a water service line may be provided to each
principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water
facilities.
8. The minimum spacing between fire hydrants and hydrant valves shall be fifteen feet (15’).
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date
March 22, 2010. Please contact our office for more information.
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August 28, 2019
Page 3 of 5
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the
mains in accordance with the City of Dover Department of Public Works specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall
discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff,
subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any
sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as
“…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes,
exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no
illegal discharges to the sanitary sewer system are created with the site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines.
Rim and invert elevations must be labeled on all sanitary structures, including cleanouts.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the
right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty
cast iron frame and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings)
showing that velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County
ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the
proposed location, must be provided on the plan.
8. On the Lot Consolidation Plan, the plan states that a utility easement will be expunged as part of this plat, however,
the note states a 20’ wide sewer easement is to be expunged, please clarify the correct easement.
9. The sanitary sewer that runs through the proposed property cannot be removed, it is necessary to convey sewer from
the eastern portion of Energy Lane to distribution system.
STORMWATER
1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control
Plan from Kent Conservation District is submitted to our office.
2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim
and invert elevations must be labeled on all stormwater structures.
STREETS
1. Sidewalk proposed within the right-of-way shall be constructed as per the City of Dover Standards and Specifications.
All sidewalks must be poured by hand; curb machine slip formed sidewalks will not be permitted. The sidewalk must
be scored in five feet (5’) squares using hand tooled joints. All tool marks shall be removed as tool finished edges are
not permitted. Expansion joints shall be installed at a spacing of twenty feet (20’) and shall be precut, one-half inch
(½ “) thick, four-inch (4”) wide, cork sheets. All sidewalk proposed within the right-of-way shall consist of Class B
concrete, without reinforcing material, in order to prevent future interference with utility locating. The proposed five
feet (5’) wide public sidewalk shall be installed 5 feet from the back of curb. The sidewalk cross slope shall not
exceed 2% including across the driveways to ensure ADA and FHA compliance. A sidewalk construction detail
containing the above information must be provided on the plan.
2. All barrier free access ramps and driveway aprons constructed with the site improvements shall be in accordance with
the most current ADA and DelDOT requirements and standards at the time of construction. To meet cross slope
requirements a five feet (5’) wide grass strip must be provided between a five feet (5’) sidewalk and the curb.
3. Signage and markings must be included with the site plan in accordance the Manual for Uniform Traffic Control
Devices. Signage proposed for streets to be dedicated to the City of Dover must be included on the plan (no parking
signs, speed limit signs, street blades, stops signs, watch children, etc.) All signs must be installed on two-inch (2”)
square break away sign posts.
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Page 4 of 5
GROUNDS
1. None
SANITATION
1. Every commercial property shall provide such premises with a sufficient number of solid waste containers to provide
adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The
City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2)
90-gallon recycling containers.
2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services.
3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private
service.
GENERAL
1. Any existing utility lines not to be utilized by the proposed project shall be properly abandoned at the mains by the
developer / owner.
2. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and
practices. This must be included as a note on the plan.
3. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2004 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is
now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/.
WATER / WASTEWATER / STORMWATER / SANITATION / GROUNDS / GENERAL / STREETS
1. None.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. Current underground electric is placed on the south side of the circular road per previous plans for the parcel. Any
relocation of the wire to the north side of the circular road will be at the expense of the developer/builder.
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with
extending and providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking
Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan
sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the
Office of Drinking Water until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of
Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the
site.
4. Water impact fees will be required for this proposed site plan.
5. The City of Dover will not maintain the water service within the property.
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Page 5 of 5
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated
with extending and providing service and capacity to the proposed development.
2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of
Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible
for providing all application fees, completed forms and plan sets directly to DNREC.
3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm
sewer crossings must be shown on the profiles.
4. Wastewater impact fees will be required for this proposed site plan.
5. The City of Dover will not maintain the sanitary sewer infrastructure beyond the existing property lines.
STORMWATER / GROUNDS / STREETS / SANITATION
1. None
GENERAL
1. Sanitary sewer laterals and water services shall have a minimum of five-feet (5’) horizontal separation.
2. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be
abandoned, flowable fill may be required.
3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed
within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial
Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Paj 33
C F
S-19-19 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: September 4, 2019 D S
O H
V A
E L
APPLICATION: DSWA 601 &801 Energy Lane
R
FILE #: S-19-19 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed building is Business.
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13,
access shall be no further than 100 feet from the primary entrance.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times
the width of the door(s) or for 10 feet, whichever is greater.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 50% and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a
maximum slope of ten percent (10%). Plantings and utility services (includes condenser units,
transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency
services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc.) prevents access, that portion of the building perimeter
shall not be included in the calculation of Percent of Perimeter Access.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
5. Fire lanes shall cover25% of the proposed building.
Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the
primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a
fire lane even if this exceeds the percentage as required.
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The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the
closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two
stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5)
6. Where parking is located between the building and the fire lane, parking shall not be located closer
than 15 feet to the exterior wall.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)
7. All Fire Lanes shall be marked as follows:
both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face
of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation
line shall mark the edge(s) of the fire lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware
Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be
suitable for street surfaces
9. Fire lane signs shall be located as follows:
see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot
intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight
feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all
oncoming traffic.
Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of
fire lane signs, and shall conform to the specifications of 7.6.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
10. Where overhangs, canopies, balconies, or any other building or site features must project over any
fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be
provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or
any other building features shall not apply towards the fire lane accessibility requirements of Section
4.0, Table 5-1 in this chapter.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)
11. Emergency access to rear building areas compliant with City of Dover Code (Appendix B-Zoning,
Article 5- Supplementary Regulations, Section 17);
12. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined
by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access such as placement of fire hose from fire equipment.
13. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
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Any dead end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
14. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
15. Gated Areas: Fire Department access shall be provided to the property through the use of a system or
device approved by the Fire Marshal. The system or device required shall be located in an area
accessible to the fire department and approved by the Fire Marshal. All gates shall be either
automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate. The owner
or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A
letter of agreement shall be created, and signed by both parties. The letter shall include a detailed
description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their representative shall
meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall
be created, and signed by both parties. The letter shall include a detailed description of the manual means
to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not less than
14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from
the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
16. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and
as illustrated by the appropriate figures of this regulation.
All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific
areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire
hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words
"NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend
for a distance 15 feet on both sides.
Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles
they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven
feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete
and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The
minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the
steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or
traffic lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)
The owner is responsible if the hydrant is private.
17. Hydrant barrels shall be provided with reflective material, such as paint, durable for
highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under
the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500
GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM -
painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black.
(2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4)
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The owner is responsible if the hydrant is private.
18. Fire Alarm System required per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy
determined to be a place of assembly by the fire marshal, and is capable of receiving an occupant
load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA
codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be
a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the
assessed value of the building and is capable of receiving an occupant load 75 persons or greater or
is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a
complete fire alarm system in accordance with NFPA codes governing the installation of fire
alarms and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at
least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required
to be served by the system using the A-weighted scale dBA. In the event the stated requirement
cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of
this section of the Code.
(City Code of Ordinances 46-171)
19. Sprinkler system required. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are
modified by more than 50% after the effective date of these Regulations. The 50% figure shall be
calculated utilizing the gross square footage of the building, structure, marine vessel, premises and
conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a
building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage
of a non-sprinklered building, may not have another such project for the same building submitted for
review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler
projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2)
stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or
Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings
storage areas except individual unit closets that are located within individual residential living units.
20. Fire Department Connection is to be a 5-inch stortz connection on a 30 degree elbow located within
50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed
access as defined by the AHJ.
21. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance
measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
22. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would
come off the fire equipment.
Paj 37
23. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout
and type of rack system 2) a list and quantity of items being stored 3) a letter from an
authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed.
If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire
suppression contractor to ensure that the sprinkler system is adequate for the storage presented.
24. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate
section of this regulation and as illustrated by the appropriate figures of this regulation. All
standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation
lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of
the connection and extend for a distance of four feet (4') on both sides, and where parking is allow
between the building and the street or fire lane the solid yellow demarcation lines shall extend from
the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the
sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum
12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches
(3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly
visible from the fire lane or roadway, and signs using NFPA international symbols shall be an
acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3)
25. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed
in Regulation 701 as well as the following areas or buildings:
In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet in
height or over,
In any building over three (3) stories, In any building over 35 feet in height,
In any building that has a floor above the first floor over 10,000 square feet gross floor area,
In all buildings where the 1st floor exceeds 60,000 gross square feet,
a Class I horizontal standpipe system installed in accordance with the applicable codes and standards
listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in
accordance with the applicable codes and standards listed in Regulation 701.
The standpipe system shall be carried up with each floor and shall be installed and ready for use as each
floor progresses.
Standpipes shall not be more than one floor below the highest forms of staging,
The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the
highest intermediate landing between floor levels in every required exit stairway,
Where intermediate landing are not provided, hose connections shall be permitted to be located at the
main floor landings in exit stairways when approved by the authority having jurisdiction,
Where the local fire department has the capability of providing the required pressure, hydraulically
designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the
required waterflow rate.
A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2015
Delaware State Fire Prevention Regulations 702, Chapter 4, 2)
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that hose
Paj 38
lines can be readily and conveniently attached to without interference from any nearby obstructions as
defined by the fire marshal's office. Fire department connections shall be a five-inch Storz. Fire
department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within
50 feet of the main entrance of the structure it serves. All fire department connections shall be not less
than three feet nor more than five feet in height above finished grade. The fire marshal shall have the
authority to require more stringent requirements when deemed necessary. (City of Dover Code of
Ordinances 46-162)
26. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard
shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a
minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of
fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
27. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height,
location generally, numbers shall be placed either in the center of the building or on the street end of the
building so as to be visible from either the public or private street or from the parking lot, property line
or driveway, should the building be located far enough from a public or private road so that the
numbers are not clearly visible from the street, then the street address shall also be posted on the
property at or near the property line or driveway to said building, color; each building, numbers shall be
contrasting to the background color and shall be placed on each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
28. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service
shall be exempt from this subsection.
Paj 39
Location. The secured key system shall be located as close to the main entrance as possible. Should the
building design not allow the secured key system to be located by the main entrance, the fire
marshal and fire chief shall come to an agreement as to an alternate location for the key box. A
secured key system, once installed, shall not be obstructed from view or obstructed by any means
that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress,
whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical
rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire
detection. Keys to individual residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for
new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing
buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the
installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
29. All required means of egress shall have an exit discharge consisting of a non-slip surface, and leading
to and terminating at a public way.
30. All new passenger elevators in a building shall be provided with a car sized to accommodate an
ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where
two or more new passenger elevators are located in a single hoist way and serve all or the same
portion of the building, only one elevator car that provides a car sized to accommodate an ambulance
cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator
cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency
medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall
be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in
a manner acceptable to the local fire department. (2015 Delaware State Fire Prevention Regulations
705, Chapter 1, 15)
31. Project to be completed per approved Site Plan.
32. Full building and fire plan review is required.
33. Construction or renovations cannot be started until building plans are approved.
34. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire
permit from the Fire marshal’s Office. This work cannot be started until the permit is approved.
35. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. A no parking area in front of the FDC must me located and clearly shown on the plan.
2. Ensure the fire hydrant is within 300ft of the front door. (as hose comes off the truck)
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APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Paj 41
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: Aug 28, 2019 T
===============================================================
APPLICATION: Delaware Solid Waste Authority Administration Building (601 & 801
Energy Lane)
FILE#: S-19-19 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. DelDOT Records indicate the labeled Energy Lane is Stover Boulevard.
2. Stover Boulevard is a non-state maintained road.
3. For the Lot Consolidation, a Letter of No Objection will be required from DelDOT.
4. The engineer and developer shall schedule a meeting with DelDOT to discuss the traffic ADT
resulting on Bay Road from the development of this DSWA parcel.
Paj 42
DEPARTMENT OF NATURAL RESOURCES
AND ENVIRONMENTAL CONTROL
DIVISION OF WATERSHED STEWARDSHIP
89 KINGS HIGHWAY
DOVER, DELAWARE 19901
OFFICE OF THE PHONE: (302) 739-9921
DIRECTOR FAX: (302) 739-6724
MEMORANDUM
DATE: August 28, 2019
TO: Dawn Melson-Williams, Principal Planner
City of Dover, Department of Planning & Inspections
FROM: Elaine Z. Webb, P.E., Engineer V
Sediment & Stormwater Program
RE: Development Advisory Committee (DAC)
S-19-19 Delaware Solid Waste Authority Administration Building
601 & 801 Energy Lane
CC: Jamie Rutherford, Program Manager
Jared Adkins, Kent Conservation District
Jessica Verchick, Kent Conservation District
DNREC Sediment and Stormwater Program has reviewed the site plan provided with the DAC agenda
and offers the following comments:
1. A Sediment and Stormwater Management Plan must be approved by DNREC Sediment and
Stormwater Program prior to any land disturbance taking place on site. The Sediment and
Stormwater Program has a three-step plan approval process. The first step is to compile and submit
the Stormwater Assessment Study prior to scheduling a project application meeting.
2. A Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity must be
secured prior to plan approval. The NOI application is an online system and the NOI fee is $195 and
is assessed annually until construction is complete and the project is closed out.
3. This site lies within a business park having a regional stormwater management facility to serve all
lots within the business park.
a. DNREC will review the Sediment and Stormwater Management Plan based upon the
assumptions in the design of the regional stormwater management facility as approved by
Kent Conservation District. If all design assumptions are met no additional onsite post
construction stormwater management will be required.
b. The owner or owner’s representative should provide a maintenance review of the existing
regional stormwater management facility and include any needed maintenance items for the
facility in the Sediment and Stormwater Management Plan for this project.
If you should have any questions, please do not hesitate to contact me at (302) 739-9921 or
Elaine.Webb@delaware.gov.
Delaware’s good nature depends on you!
Paj 43
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 8-28-2019 Organization
APPLICATION: Delaware Solid Waste Authority Administration Building at 601& 801 Energy
Lane
FILE #: S-19-19 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030
The MPO requested the opportunity to bring the recommendations on issues of our concern to the City of Dover.
The MPO will limit comments to projects to development proposals and applications that may lead to new
development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by
shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and
pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all
applications, not to be waived.
City of Dover Planning Commission 9-16-2019
Project Review
S-19-19 Delaware Solid Waste Authority Administration Building at 601& 801 Energy Lane
The MPO has reviewed the previous comments to a previous, similar site plan and offers these comments;
There is a sidewalk along the street frontage at Energy Lane but no access into the site. We recommend a
paved path leading to the pedestrian access at the front of the building. The pedestrian access traversing
the interior of the site and the front of the building provide acceptable interior access..
As mentioned above, the MPO supports the City of Dover bicycle facilities requirements and standards.
The MPO supports the City’s requirements for additional bicycle parking facilities as required in the code.
There is transit available in the area and, if determined necessary, could accommodate service to the site.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
Paj 47
September 4, 2019
Mr. Julian Swierczek
City of Dover
PLANNING OUR Department of Planning and Inspections
CLIENTS’ SUCCESS
P.O. Box 475
Dover, DE 19903-0475
RE: Performance Standard Review Application
DELAWARE SOLID WASTE AUTHORITY ADMINISTRATIVE OFFICES
Dover, Delaware
2018230.00
App.: S-19-19
Dear Mr. Swierczek:
On behalf of our client, The Delaware Solid Waste Authority (DSWA), we are hereby submitting
a Performance Standard Review Application as a supplement to the Application for Site
Development Plan Approval for the above-referenced project. This is submitted for consideration
at the September 16, 2019 Planning Commission meeting. This project proposes the
consolidation of two parcels and construction of a new office building. Responses to the
Performance Standards for each of the structures is provided below.
OFFICE BUILDING
Section 8.51 - Fire and Explosion hazards: The proposed building will be sprinklered in
accordance with the Delaware State Fire Prevention Regulations. It will not contain any
hazardous or explosive materials.
Section 8.52 - Radioactivity or Electromagnetic Disturbance: Not Applicable. The proposed
office building will not produce radioactivity or electromagnetic disturbance.
BECKER MORGAN GROUP, INC.
A RCHITECTURE & ENGINEERING Section 8.53 - Noise: Not Applicable - The proposed office building will not generate any noise
beyond that which is consistent with normal office use.
309 SOUTH GOVERNORS AVENUE
DOVER, DELAWARE 19904
302.734.7950 Section 8.54 - Vibration: Not Applicable - The proposed office building will not generate any
FAX 302.734.7965 vibrations.
RITTENHOUSE STATION
250 SOUTH MAIN STREET, SUITE 109 Section 8.55 - Smoke: Not Applicable - The proposed office building will not generate smoke.
NEWARK, DELAWARE 19711
302.369.3700
Section 8.56 – Odors: Not Applicable - The proposed office building will not generate odorous
PORT EXCHANGE gases or other offensive odorous matter. These are offices for the DSWA, and not a drop-off site.
312 WEST MAIN STREET, SUITE 300
SALISBURY, MARYLAND 21801
410.546.9100 Section 8.57 – Fly Ash, Dust, Fumes, Gases, and other forms of Air Pollution: Not Applicable -
FAX 410.546.5824 The proposed office building will not generate any of the aforementioned forms of air pollution.
A RCHITECTURE & P LANNING
Section 8.58 - Glare: The proposed site and parking lot lighting will meet City of Dover lighting
3205 RANDALL PARKWAY, SUITE 211 requirements.
WILMINGTON, NORTH CAROLINA 28403
910.341.7600
FAX 910.341.7506 Section 8.59 – Liquid or Solid Wastes: No liquid or solid wastes will be discharged to the public
sewer other than normal sanitary sewage from the building.
www.beckermorgan.com
Paj 48
September 4, 2019
DSWA Adminstraitive Offices
Page 2 of 2
Section 8.60 – Traffic Congestion: Not Applicable - The proposed site is part of a previously
approved Industrial Park Subdivision and approved Traffic Impact Study (TIS). The traffic from
all of the lots within the subdivision was accounted for when the subdivision was designed and
the TIS approved. This lot accesses city owned internal subdivision streets and has several exit
points from the subdivision to the external road network.
We believe this addresses the requirements for the Performance Standard Review Application.
Please attach this application to our Application for Site Development Plan Approval scheduled
for review by the Planning Commission and contact me with any questions.
Sincerely,
BECKER MORGAN GROUP, INC.
Jonathan N. H. Street
Civil Designer
JNS/rlh
Cc: Jason Munyan – DSWA
201823000bb-Perf-Rev-ltr
Paj 49
City of Dover
DATA SHEET FOR SITE PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 4, 2019
PLANNING COMMISSION MEETING OF September 16, 2019
Plan Title: Delaware State Police Building – Update to Bay Road Commercial:
560 and 600 Bay Road, S-19-20
Associated Plans: Bay Road Commercial at 560 and 600 Bay Road, S-17-20
S-14-08 Woodland Tree Clearing Plan of 560 Bay Road
Plan Type: Site Development Plan
Property Location: Southwest side of Bay Road
Property Addresses: 560 and 600 Bay Road
Tax Parcels: ED-05-077.00-01-09.00-000
ED-05-077.00-01-10.00-000
Property Area: 12.9366 acres+/-
Owner: Bayroadcap, LLC
Building Areas: West Office Building: 62,677 SF
North Multi-Tenant Building: 26,814 SF
Restaurant: 6,400 SF
Restaurant: 4,200 SF
Total Building Area: 100,091 SF
Existing Use (to be removed): Commercial Building at 600 Bay Road (to be demolished)
Proposed Property Use: Office Building and Retail/Commercial and Restaurants
Off Street Parking: Required for Office Building: 209 spaces
Required of Multi-Tenant Retail Building: 90 spaces
Estimated Required parking spaces for restaurants: 146 spaces
Total Required: 445 spaces
Total Proposed: 790 parking spaces shown
Sewer & Water: City of Dover
Zoning Classification: C-4 (Highway Commercial Zone)
Waiver Approved: Reduction of Arterial Street Buffer
For Consideration: Tree Mitigation Plan
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
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City of
Dover
CITY OF DOVER
Planning
Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: September 4, 2019
APPLICATION: Delaware State Police Building Update at Bay Road Commercial at 560 and
600 Bay Road
FILE #: S-19-20 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196
I. PLAN SUMMARY:
This is a Revision to Site Development Plan S-17-20 to identify the west building as an office
building for the Delaware State Police. The Plan Revision replaces the two buildings previously
proposed as a 70,646 SF grocery store and a 17,664 SF multi-tenant retail building on the west
side of the site with the construction of a one-story 62,667 SF office building and associated site
improvements. The subject properties total 12.9366 +/- acres and are located on the southwest
side of Bay Road. The property is zoned C-4 (Highway Commercial Zone). The owner of record
for both properties is Bayroad CAP, LLC. Property Addresses: 560 and 600 Bay Road. Tax
Parcels: ED-05-077.00-01-10.00-000 and ED-05-077.00-01-09.00-000. Council District 2.
Previous Applications
Application S-17-20 Bay Road Commercial was previously approved by the Planning
Commission in July 2017 and was granted a one-year extension on July 15, 2019. It received
Final Plan Approval on July 23, 2019. Site Plan S-17-20 proposed construction of a 120,046 SF
of commercial development named Bay Road Commercial on the two parcels totaling 12.9366
acres+/-. At the time of approval, the development was proposed to consist of two restaurants of
4,200 SF and 6,400, a 70,646 SF grocery store, a 18,000 SF multi-tenant building segment, and a
20,800 SF multi-tenant building. The applicant (previous equitable owner) Bayroadcap, LLC has
now acquired the property.
Currently, the site is under the authorization for tree clearing (cut tree only, no removal of stump)
as per Site Development Plan S-14-08 Woodland Tree Clearing to permit the clearing of
approximately 7.45 acres +/- of trees on a 12.67 acre +/- parcel. S-14-08 was granted approval by
Planning Commission in April 2014 and was granted Final Plan Approval in April 2017. The
Woodland Tree Clearing Plan is associated with the Woodland Tree Mitigation Plan at the Anne
McClements Woodland Tract (Fork Branch Nature Preserve) previously approved by the
Planning Commission on April 19, 2010 with Application S-10-03 South Dover Plaza. The
Woodland Mitigation Plan was implemented and completed by October 2013.
In a previous development proposal, the Planning Commission granted conditional approval on
April 19, 2010 of a Site Development Master Plan (S-10-03) for the construction of four
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commercial/retail buildings known as the South Dover Plaza on the properties at 560 and 600
Bay Road. The project was granted an extension of approval for the start of Phase 1 on March
21, 2011 and a second extension of approval on February 21, 2012. However, the approval for
the South Dover Plaza project expired on April 30, 2013 as the Administrative Site Plan for first
phase was not finalized and no construction activity commenced. An associated application (V-
10-02) to the Board of Adjustment where variances associated with required lot width per
building were granted in March 2010 has also expired.
Preliminary Land Use Services Review (PLUS)
The Bay Road Commercial Plan application (PLUS Review #2017-05-08) was reviewed on May
24, 2017 by the Preliminary Land Use Services as required by the City of Dover’s Memorandum
of Understanding (MOU). This MOU requires that non-residential developments of over 75,000
square feet complete the PLUS Review process prior to application submission. The PLUS
Review Comments and the applicant’s response are on file in the Planning Office. This Revised
Plan S-19-20 was not resubmitted through the PLUS Review process. Previously, an earlier plan
for development also went through the PLUS Review process as #2006-12-03.
II. PROJECT DESCRIPTION
This Site Development Plan presents the shopping center style commercial development to be
known as Bay Road Commercial. It proposes the development of two parcels of land that front
on Bay Road to be served by access points from the entrance drive to Bay Court Plaza (an
existing shopping center located to its south). This commercial development consists of an office
building, two pad site restaurants, and a multi-tenant building along with the associated parking
and site improvements. To the north is a tract of land also zoned C-4 that is the subject of a
separate Site Plan S-17-19 Bay Road Office Park: Master Plan; the first office building at this
adjoining property has been completed (S-17-30 Phase 1).
With this Update, the Bay Road Commercial project has been revised to include a large Office
Building that replaces the previously proposed grocery store and multi-tenant retail building.
The overall building floor area for the site has decreased from 119,654 SF (size at Final Plan
Approval for S-17-20) to 100,091 SF and the lot coverage percentage has also decreased. The
parking layout for the project has also been revised; however, the number of parking spaces
provided has actually increased from 597 parking spaces to 790 parking spaces. Previously,
parking was limited by a maximum parking limitation provision of the Zoning Ordinance.
The major features of the Bay Road Commercial site are now proposed to include the following
buildings.
• Office Building (Phase 1): A 62,677 SF professional/government building is located in
the western portion of the site. The Office Building is served by the field of parking to the
east and its rear (west) elevation also consists of parking including a fenced parking area.
Its tenant has been identified as the Delaware State Police.
• Northeast Building: A 6,400 S.F. restaurant building at a pad site located adjacent to Bay
Road. Parking surrounds the building on three sides and has a loading space at the rear
(west elevation).
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• Southeast Building: A 4,200 S.F. restaurant building at a pad site located adjacent to Bay
Road and the Bay Court Plaza entrance drive. Parking surrounds the building on three
sides and has a loading space on three sides and has a loading space at the rear (west
elevation).
• North Multi-Tenant Building: A building consisting of a total of 26,814 S.F. It is served
by the large field of parking to its south and the rear elevation (north) accommodates
loading areas.
III. ZONING REVIEW
C-4 Zoning District
The property is zoned C-4 (Highway Commercial Zone) and subject to the regulations of Zoning
Ordinance, Article 3 Section 16 and Article 4 Section 4.15. The proposed use of offices,
commercial, retail and restaurants. The C-4 zone allows business, professional, or governmental
offices; retail and service establishments; and restaurants as permitted uses. For buildings
proposed for division into multiple tenant spaces then each tenant must continue to be an
allowable use in the C-4 zone. While the C-4 zone, now has a maximum lot coverage limitation
of 75% due to recent Code amendments, Planning Staff has recognized the non-conforming
status of the existing approved Site Plan S-17-20 for the site which has a lot coverage of 88.9%.
The revisions to the plan result in a lot coverage of 77.9% for the current design.
IV. PARKING SUMMARY
The parking requirement for C-4 (Highway Commercial Zone) is based on a rate of one parking
space per 300 square feet of floor area. The Office Building and the north multi-tenant building
segments must meet this requirement. The restaurants are additionally subject to the specific
parking requirements outlined in Zoning Ordinance, Article 6 §3.1 for eating and drinking
places. Each restaurant in the development must have one (1) parking space for every four (4)
dining seats plus one parking space for every three (3) bar seats.
The information provided on the plan drawing indicates that 89,491 S.F. of office and retail
space. Based on this total square footage, 299 parking spaces are required for these uses on site.
The Plan clearly identifies two buildings as restaurants for a total of 10,600 S.F. of space is to be
for restaurant uses; however, the data column calculations indicate an additional 4,000 SF for
restaurants (likely indicating potential restaurants in select spaces of the multi-tenant building).
Based on the square footage under the C-4 zoning classification, 36 parking spaces would be
required for the two restaurant buildings. However, data provided indicates 14,600 SF of
restaurant use and estimates there are to be 584 seats thus requiring 146 parking spaces. The
number of parking spaces based on seat count of the restaurants supersede the parking
requirements based on building size in the C-4 Zone. It is not yet clear how many restaurants
there will be or how the seats will be divided up between them.
The total parking requirement for 445 spaces. For the development, 790 parking spaces are
shown on the plan. Because the tenants have not been finalized, the square footage provided for
retail and restaurant uses may be subject to change, and therefore also the minimum parking
requirements.
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Loading Spaces
For office buildings, one loading berth is required for the first 10,000 S.F. to 25,000 S.F., and an
additional berth is required for each additional 25,000 S.F. or fraction thereof. Thus, based on its
size, the Office Building would require three (3) loading spaces. The appears to be a loading area
within the fenced parking are on the west side of the building.
For buildings with retail sales of at least 8,000 S.F., one loading berth is required for the first
8,000 to 25,000 S.F., and an additional berth is required for each additional 25,000 S.F. or
fraction thereof. Based on the building square footage, the north Multi-Tenant Building requires
two loading spaces; the Restaurant buildings are too small to require loading spaces. The North
Multi-Tenant Building appears to have a loading area at the rear of the building. The north
Restaurant Building is provided with one (1) designated loading space on its west side.
Bicycle Parking
The minimum bicycle parking is one (1) bike space for every twenty (20) regular vehicle parking
spaces. Based on the 790 parking spaces shown, at least forty (40) bicycle parking spaces are
required for the site in total. Bike racks are shown for the northern multi-tenant retail building
and at each restaurant building. There is no bicycle parking shown for the Phase 1 Office
Building.
V. SITE CONSIDERATIONS
Project Phase 1: Office Building
This submission identifies a Phase 1 area focused on the area of the Office Building (western
building) and its associated parking areas and the northwest stormwater management pond. The
two westernmost access points from the Bay Court Plaza existing entrance boulevard will be
constructed provide access to the Phase 1 area.
Entrance
The Plan continues to show an access point as a right-in/right-out on Bay Road in the north
portion of the site (for development is later construction phases). The main access points to the
Bay Road Commercial site is to be from the Bay Court Plaza entrance drive (labeled on plan on
Existing Entrance Boulevard) which intersects with Bay Road at a signalized intersection of Bay
Road and Blue Hen Boulevard (to the east). This plan proposes three (full movement) entrances
from the Bay Court Plaza entrance drive into the subject site with circulation improvements to
the existing drive.
The Plan continues to identify the cross access interconnection to the adjacent parcel to the north
(550 Bay Road proposed for development with Site Development Master Plan S-17-19) and to
the adjacent parcel on Bay Road (580 Bay Road surrounded by this project and owned by B & B
Delaware Investments, LLC).
Sidewalks
Sidewalks are required along the Bay Road street frontages of a site (Zoning Ordinance, Article
5 Section 18). The plan shows a shared use path of 10 ft. width as required along the Bay Road
frontage; however, this area is not shown for construction during Phase 1 activities. Sidewalk is
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proposed on the north side of the Bay Court Plaza entrance drive from Bay Road with three
connections leading into the commercial site. Phase 1 activities will partially complete new
sidewalk along this entrance drive as associated with construction of the two western entrances;
the existing sidewalk to the east is to be improved with later construction phases. Additionally,
sidewalk connections are made to the Restaurant sites from the shared use path along Bay Road.
These multi-use (shared use) paths are needed based on the policies of the City’s Bicycle Plan and
the Complete Streets policy, shared between the City and DelDOT, requiring that all road
reconstruction projects in the State right-of-way consider all transportation modes and
accommodate them accordingly. Based on traffic speed on the adjacent roads, off-road trails are the
best way to accommodate bicyclists to this site. In addition, there are existing shared use paths along
the Bay Road corridor in the vicinity.
Curbing
The upright curbing for the parking lots and drive aisles is required the requirements of Article 6
Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized throughout the site
layout.
Dumpsters
According to Zoning Ordinance Article 5 §6.12, the dumpster requirements for an office of
50,000 SF and greater would be two for the first 50,000 SF and one each additional 24,000 SF.
The Office Building will require three (3) Dumpster units and four (4) are shown at the
southwest corner of the building. For a shopping center, the Dumpster requirements are two (2)
for the first three (3) stores plus one (1) for each additional store. the total dumpster requirement
for the shopping center is unclear. The data column lists 13 stores which would require 12
Dumpsters. Each of the Restaurants would require three Dumpsters each based on their size;
currently only two are shown at each with additional two reserved. If all the Dumpster pads
required by Code are not needed a Dumpster pad may be reserved and shown on the plan as
reserved. The construction of the dumpster pad and enclosure would only be required if in the
future it was determined to be necessary by the Planning Director.
Signage
A separate sign permit application is required to be submitted for review prior to the installation
of signage on the property pertaining to the buildings/site. The subject site would qualify for
submission of a Unified Comprehensive Signage Plan for consideration by the Planning
Commission.
VI. BUILDING ARCHITECTURE
A color rendering was submitted for the Office Building in the revised western portion of the
property. This one-story building with bands of storefront windows systems with entry doors
with projecting awnings. It is clad in brick and ground face CMU with other vertical/horizontal
siding sections. Brick pilasters further divide the wall surfaces and extend to carry segments of a
heavier cornice. It is noted that this rendering of the Office Building does not show the parking
lot configuration depicted on the Site Plan. No new revised/updated architectural information
was provided for the northern multi-tenant retail/commercial building (see S-17-20 for
architecture). Also, no architectural information has been submitted for the restaurant buildings.
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VII. TREE PLANTING AND LANDSCAPE PLAN
The submitted plan includes the Landscaping approach for the overall project; this has also been
revised from the S-17-20 plan. The 12.9366-acre parcel requires 188 trees. The Landscape Plan
is providing a mixture of deciduous trees, evergreen trees, and ornamental trees to provide a total
of 190 trees. Currently, the Bay Road frontage is extensively treed (associated with the Arterial
Street Buffer), and trees are also proposed within parking lot islands and medians and along the
northern property line.
Request for Consideration of Tree Mitigation Plan
Zoning Ordinance, Article 5 § 16.91(a) allows the Planning Commission to grant a waiver to
mitigate the trees required to be planted to achieve tree density requirements. The applicant is
proposing to do off-site tree mitigation in order to locate a series of twenty (20) trees along its
south property line parallel to the Bay Court entrance drive but located on the adjacent Bay Court
parcel. This location while creating a tree line entrance drive allows the tree plantings to avoid
conflict with a proposed utility lines at the southern edge of the project’s parking lot. This
Waiver Request to allow for off-site tree mitigation for the required trees is submitted for
consideration by the Planning Commission.
Furthermore, Article 5 §15 of the Zoning Ordinance describes the landscape requirements for a
new application, which are to be followed unless it can be demonstrated through the Site Plan
review process that such features would be impractical or incompatible with a particular land use
or site development proposal.
Approved Waiver Request: Reduction of Arterial Street Buffer
In July 2017, the Planning Commission granted a waiver request to reduce the width of the Arterial
Street Buffer from the required thirty (30) feet to the proposed twenty (20) feet (Zoning Ordinance
Article 5 §7.3). With this Site Plan there are no revisions to the plan site development area
immediately in this buffer area. The Arterial Street Buffer is shown as twenty (20) feet of
landscaped green space and is proposed to be planted with a variety of evergreen and deciduous
trees and shrub plantings.
VIII. CITY AND STATE CODE REQUIREMENTS:
The subject proposal has been reviewed for code compliance, plan conformity, and completeness
in accordance with this agency’s authority and area of expertise. The following items have been
identified as elements which need to be addressed by the applicant:
1) Confirmation of the previously approved waiver request to allow for a 20-foot wide (rather
than 30-foot wide) arterial street buffer must be granted by the Planning Commission.
2) A Tree Mitigation Plan request has been made to allow planting of trees along the Bay Court
entrance drive on the adjacent property. The Planning Commission must act on this request.
Also, documentation of approval for the tree planting on the adjacent property must be
received from the adjacent property owner.
3) A ten-foot-wide multi-use path is required to be installed along the Bay Road frontages in
accordance with DelDOT requirements and the 2015 Bicycle Plan. The applicant has
indicated the intent to provide the multi-use/shared use path.
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4) Staff notes the need for review of building architecture for the Restaurant buildings. It is
required to be presented for Planning Commission review at a future meeting prior to
approval for construction of the restaurant buildings.
5) The parking calculations for the required and maximum number of parking spaces must be
clarified. Confirm restaurant floor area sizing.
6) Cover Sheet, Sheet C-001:
a. General Notes #11A: Delete extra word “cross”.
b. General Notes #18: Complete references in note.
c. Confirm tax parcel number assigned.
d. Item #13: Recheck parking space calculations. Confirm restaurant calculations.
e. Item #16: Clarify which use the Dumpster calculations related to. Add calculation
for office building.
f. Update plan drawing as per other review comments.
7) Clarify what site access improvements will be completed with Phase 1 especially related to
frontage multi-use paths and sidewalks and other work in the Bay Road right-of-way and
along the Bay Court Plaza entrance drive.
8) Site Plan, Sheet C-200 series and other pages depicting site layout:
a. South restaurant building appears to be missing.
b. Show all accessibility ramps at intersections of sidewalks with parking lots and
drive aisles.
c. Eliminate extra pavement at corner of parking lot at south end of office building.
d. Add bike rack locations at office building.
e. Identify accessible ramps from parking lot to the north multi-tenant building.
f. Clarify if Office Building will also include the planter and benches pattern
established at the front of the multi-tenant retail building.
g. The south restaurant building is missing the Dumpster enclosure walls.
h. There are a lot of note labeling items that point to incorrect items or are
mislabeled: related to deleted crosswalks, handicapped parking areas,
reconstruction of west end of entrance drive, etc. Review carefully. Planning Staff
can share plan mark-up of locations.
i. Label width of all proposed sidewalks.
9) Utility Plan, Sheet C-300: Check utility line layout; water line is under the north retail
building, hydrant in parking space, etc.
10) Confirm assigned tax parcel number for the property following recordation of the previous
Record Plan to consolidate the properties (of 560 and 600 Bay Road). A new Record Plan
may be required if revisions are necessary to easements, etc.
11) Landscape Plan, Sheet L-101:
a. A formal request for Tree Mitigation must be submitted.
b. Ensure tree planting locations and landscaping maintain the required spacing
distances or access provisions from utility lines, fire hydrants, site lighting, etc.
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c. Identify the under plantings for the parking lot islands as these are shown in
architectural renderings and were previously a condition of approval. Consider
type of planting to ensure visibility at intersections.
d. North of the north restaurant building, three trees are labeled as QP but only QR is
listed in the plant list.
e. A variety of shrub plantings is suggested for the parking lot screening along the
south property line. Currently, only one species is shown.
12) The Site Plan set will need to be updated to reflect any changes recommended or approvals
or waivers granted by the Planning Commission.
13) Identity the location of all the bicycle parking racks; as none are shown at the Office
Building. Only 24 of the 40 required are shown.
14) Provide a Details sheet in the plan set to include details on Dumpster enclosures, sidewalks,
curbing, bike racks, light fixtures, sanitary sewer and water systems, and any other utility
details required.
15) Any Sediment & Stormwater Management Plans granted approval by the Kent Conservation
District must reflect the Site Plan layout and design conditionally approved by the Planning
Commission and be in compliance with the Zoning Ordinance and technical review
requirements of other agencies.
16) Any signage (freestanding and wall signage) is subject to a separate Sign Permit application
and review process per the City’s Sign Regulations of the Zoning Ordinance, Article 5 §4.
17) As associated with S-14-08 Woodland Tree Clearing Plan for this site, Staff notes that the
Tree Mitigation Plan has been implemented. The Woodland Mitigation Plan was developed
in conjunction with DNREC-Division of Parks & Recreation for the McClements Woodland
Tract at the Fork Branch Nature Preserve (Forest Mitigation Plan dated March 2006 and as
proposed for amendment by Letter of 10/16/2009). The project is required to submit to the
Planning Office copies of the Monitoring Reports as listed in the Mitigation Plan following
completion of any monitoring activities of the reforestation area.
IX. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE
OBJECTIVES:
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in
considering and acting upon Site Development Plans may prescribe appropriate conditions and
safeguards so that the public health, safety, and welfare, the comfort and convenience of the
public in general, and the residents of the immediate neighborhood in particular shall be taken
into consideration. These safeguards may to the maximum extent possible further the expressed
intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed
in subsections 2.21 to 2.28.
1) Confirmation of Waiver Request – Reduction of Arterial Street Buffer: Previously, the
Planning Commission approved a narrower Arterial Street Buffer of a minimum of twenty
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(20) feet along Bay Road for the project. The required width of the Arterial Street Buffer is
thirty (30) feet. The Planning Commission should confirm continued approval of this
reduction.
2) Consideration of Tree Mitigation Plan: Staff recommends approval of this request to locate a
series of trees along the Bay Court Plaza entrance drive on the adjacent property. It is to
avoid proposed utility line locations on the subject site while still implementing a tree-lined
entrance drive. Document of approval from the adjacent property owner is required and any
such agreement should identify maintenance and care responsibilities.
3) Parking: To further subsection 2.21 related to safety and convenience of vehicular, transit,
bicycle, and pedestrian traffic and subsection 2.23, Staff recommends careful evaluation of
the traffic circulation in the revised Phase 1 area and evaluation of the proposed amount of
parking for the overall project. As proposed this project overall has increased in the number
of parking spaces from 597 parking spaces (in the previous plan S-17-20) to a total of 790
parking spaces with this plan. This plan proposes 345 parking spaces over the minimum
required by Code for the property. Also, the configuration of the parking lot area
immediately in front of the Office Building and most likely to serve the building includes
parking between the building and the fire lane and numerous circulation drive aisles with
potential points of intersection. There is an opportunity to evaluate reconfiguration of the
Phase 1 parking area to create a simpler traffic circulation pattern. Various concepts for
improvements such reconfiguration and relocation of parking spaces, physical improvements
to consolidate medians, pavement reductions, etc. may be implemented as a means of
organizing this area.
Other agencies may recommend additional conditions and safeguards in accordance with
their areas of expertise.
X. ADVISORY COMMENTS TO THE APPLICANT:
1) This property qualifies for consideration of a Unified Comprehensive Sign Plan to
address signage on the site. The applicant is encouraged to discuss this option with the
Planning Office before applying for any new signs to be placed on site.
2) The Planning Commission should act upon the request for waivers as part of any motion
regarding this project application, or as a separate motion as necessary. Note: All waivers
are at the discretion of the Planning Commission. The Commission may approve or deny
waiver requests.
3) In the event, that major changes and revisions to the Site Plan occur in the finalization of
the Site Plan contact the Planning Office. Examples include reorientation of or size
changes of the buildings, relocation of site components, etc. These changes may require
resubmittal for review by the Development Advisory Committee, Planning Commission,
or other agencies and commissions making recommendations in regards to the plan.
4) Following Planning Commission approval of the Site Plan, the Plan must be revised to
meet all conditions of approval from the Development Advisory Committee or as
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otherwise noted. A Check Print must be submitted for review by Planning Office Staff.
Upon determination that the Plan is complete and all agency approvals have been
received, copies of the Plan may be submitted for final endorsement.
5) Other agencies and departments which participate in the Development Advisory
Committee may provide additional comments related to their areas of expertise and code
requirements.
6) For building new construction, the requirements of the building code and the fire code
must be complied with. Consult with the Chief Building Inspector and City of Dover Fire
Marshal for these requirements. The resolution of these items may impact the site design
including such items as building dimensions and height, building openings, and fire
protection needs, etc.
7) The applicant/developer shall be aware that prior to any development or ground
disturbing activities on the site the appropriate site inspections and permits are required.
This includes activities to clean-up existing vegetation, the import of fill dirt, etc.
8) Construction may have an effect on the adjacent property owners and nearby travel lanes.
Any work requiring the closing or rerouting of potential customers or visitors to adjacent
properties should be coordinated as to offer the least amount of inconvenience to the
adjacent property owners.
9) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor
does it convey permission to place any sign on the premises. Any proposed site or
building identification sign may require a Sign Permit from the City of Dover prior to
placement of any such sign in accordance with Zoning Ordinance Article 5 §4.
10) The applicant shall be aware that Site Plan approval does not represent a Building Permit
and associated construction activity permits. A separate application process is required
for issuance of a Building Permit from the City of Dover.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: AUGUST 28, 2019
APPLICATION: Delaware State Police Administration Building at
Bay Road Commercial at 560 and 600 Bay Road
FILE #: S-19-20
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all water, sewer, and storm sewer lines.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer
may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the
owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department.
Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction.
Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
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Delaware State Police Administration Building at Bay Road Commercial at 560 and 600 Bay Road
File #: S-19-20
August 28, 2019
Page 2 of 4
WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the
project.
b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Public Works specifications and requirements.
c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to
the start of construction. A representative from the City of Dover Department of Public Works must observe and
approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed
by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted
in the field due to conditions of the existing main. Possible conditions that would require tapping relocation
include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test
holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be
held responsible for field conditions requiring adjustment of the tapping location or for any work required by the
contractor to make an appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine
the size of the domestic and irrigation (if applicable) water meter for the proposed buildings. These projections must
be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must
be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is
required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be
installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically
this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the
domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the
building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap
and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is
recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The
Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind
flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must
be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall
be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor
to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls
and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with
mechanical designer.
7. Install a Powerseal 3490AS tapping sleeve and valve at both water connections to the existing water main in Bay
Road.
8. Each principal structure shall have its own water meter.
9. Each water meter shall be installed in a non-traffic bearing location, including pedestrian traffic.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date
March 22, 2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the
mains in accordance with the City of Dover Department of Public Works specifications and requirements.
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Delaware State Police Administration Building at Bay Road Commercial at 560 and 600 Bay Road
File #: S-19-20
August 28, 2019
Page 3 of 4
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall
discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff,
subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any
sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as
“…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes,
exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no
illegal discharges to the sanitary sewer system are created with the site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines.
Rim and invert elevations must be labeled on all sanitary structures.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the
right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty
cast iron frame and cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings)
showing that velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County
ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the
proposed location, must be provided on the plan.
STORMWATER
1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control
Plan from Kent Conservation District is submitted to our office.
2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim
and invert elevations must be labeled on all stormwater structures.
STREETS
1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted
to our office.
SANITATION
1. Every commercial property shall provide such premises with a sufficient number of solid waste containers to provide
adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The
City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2)
90-gallon recycling containers.
2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services.
3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private
service.
GROUNDS
1. None.
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and
practices. This must be included as a note on the plan.
2. Provide profiles for all utility crossing locations on the proposed plan.
3. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2004 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
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Delaware State Police Administration Building at Bay Road Commercial at 560 and 600 Bay Road
File #: S-19-20
August 28, 2019
Page 4 of 4
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is
now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/.
WATER / WASTEWATER / STREETS / STORMWATER / SANITATION / GROUNDS / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with
extending and providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking
Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan
sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the
Office of Drinking Water until review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of
Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the
site.
4. Water impact fees may be required for this proposed site plan.
5. The City of Dover will not maintain the water service within the property.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated
with extending and providing service and capacity to the proposed development.
2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of
Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible
for providing all application fees, completed forms and plan sets directly to DNREC.
3. Wastewater impact fees may be required for this proposed site plan.
4. The City of Dover will not maintain the sanitary sewer infrastructure beyond the existing property lines.
STORMWATER / GROUNDS / STREETS / SANITATION
1. None.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be
abandoned, flowable fill may be required.
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed
within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial
Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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C F
S-19-20 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: September 4, 2019 D S
O H
V A
APPLICATION: State Police Admin 560-600 Bay Rd E L
R
FILE #: S—19-20 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE
ADDRESS BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed building is Business and Mercantile and possible Assembly (Plan does not state this)
2. Building Access shall be no further than 50 feet from a primary entrance
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
3. Fire lanes shall cover 25% of the proposed building.
Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the
primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served
by a fire lane even if this exceeds the percentage as required.
4. Perimeter access shall be 50 (for mercantile) and clearly shown on the plans.
Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade
with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units,
transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with
emergency services fire ground operations.
The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the
closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two
stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5)
5. Where parking is located between the building and the fire lane, parking shall not be located closer
than 15 feet to the exterior wall.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)
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6. All Fire Lanes shall be marked as follows:
both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and
face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow
demarcation line shall mark the edge(s) of the fire lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
7. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware
Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be
suitable for street surfaces
8. Fire lane signs shall be located as follows:
see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot
intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than
eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall
face all oncoming traffic.
Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu
of fire lane signs, and shall conform to the specifications of 7.6.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
9. Where overhangs, canopies, balconies, or any other building or site features must project over any
fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be
provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or
any other building features shall not apply towards the fire lane accessibility requirements of Section
4.0, Table 5-1 in this chapter.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)
10. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined
by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access such as placement of fire hose from fire equipment.
11. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
Any dead end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
12. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
13. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and
as illustrated by the appropriate figures of this regulation.
All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define
specific areas, where fire hydrants are located along a curb line with permitted parking, the area
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between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation
lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the
fire hydrant and extend for a distance 15 feet on both sides.
Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked
vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a
distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards
filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant
demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of
the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be
facing the edge of the street, or traffic lane.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)
The owner is responsible if the hydrant is private.
14. Hydrant barrels shall be provided with reflective material, such as paint, durable for
highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under
the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500
GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM -
painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black.
(2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4)
The owner is responsible if the hydrant is private.
15. Fire Alarm System required per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an
occupancy determined to be a place of assembly by the fire marshal, and is capable of receiving an
occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with
NFPA codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to
be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of
the assessed value of the building and is capable of receiving an occupant load 75 persons or greater
or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install
a complete fire alarm system in accordance with NFPA codes governing the installation of fire
alarms and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the a verage
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at
least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required
to be served by the system using the A-weighted scale dBA. In the event the stated requirement
cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of
this section of the Code.
(City Code of Ordinances 46-171)
16. Sprinkler system required. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which
are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be
calculated utilizing the gross square footage of the building, structure, marine vessel, premises and
conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval
for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross
square footage of a non-sprinklered building, may not have another such project for the same
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building submitted for review and approval any sooner than three (3) years after the date of the final
inspection unless sprinkler projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
17. Fire Department Connection is to be a 5-inch stortz connection on a 30 degree elbow located within
50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed
access as defined by the AHJ.
18. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance
measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
19. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would
come off the fire equipment.
20. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout
and type of rack system 2) a list and quantity of items being stored 3) a letter from an
authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed.
If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire
suppression contractor to ensure that the sprinkler system is adequate for the storage presented.
21. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate
section of this regulation and as illustrated by the appropriate figures of this regulation. All
standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation
lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of
the connection and extend for a distance of four feet (4') on both sides, and where parking is allow
between the building and the street or fire lane the solid yellow demarcation lines shall extend from
the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the
sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum
12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches
(3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly
visible from the fire lane or roadway, and signs using NFPA international symbols shall be an
acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3)
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that
hose lines can be readily and conveniently attached to without interference from any nearby
obstructions as defined by the fire marshal's office. Fire department connections shall be a five-
inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire
Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department
connections shall be not less than three feet nor more than five feet in height above finished grade.
The fire marshal shall have the authority to require more stringent requirements when deemed
necessary. (City of Dover Code of Ordinances 46-162)
22. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at
a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
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authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be
of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
23. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the street
end of the building so as to be visible from either the public or private street or from the parking lot,
property line or driveway, should the building be located far enough from a public or private road so that
the numbers are not clearly visible from the street, then the street address shall also be posted on the
property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on each
building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number
affixed to the front of the tenant space and on the outside of the rear door which corresponds with
that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
24. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service
shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible. Should
the building design not allow the secured key system to be located by the main entrance, the fire
marshal and fire chief shall come to an agreement as to an alternate location for the key box. A
secured key system, once installed, shall not be obstructed from view or obstructed by any means
that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress,
whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical
rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire
detection. Keys to individual residential apartment units are not required.
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Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for
new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing
buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before
the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
25. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed
in Regulation 701 as well as the following areas or buildings:
In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet
in height or over,
In any building over three (3) stories, In any building over 35 feet in height,
In any building that has a floor above the first floor over 10,000 square feet gross floor area,
In all buildings where the 1st floor exceeds 60,000 gross square feet,
a Class I horizontal standpipe system installed in accordance with the applicable codes and
standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall
be installed in accordance with the applicable codes and standards listed in Regulation 701.
The standpipe system shall be carried up with each floor and shall be installed and ready for use as
each floor progresses.
Standpipes shall not be more than one floor below the highest forms of staging,
The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At
the highest intermediate landing between floor levels in every required exit stairway,
Where intermediate landing are not provided, hose connections shall be permitted to be located at
the main floor landings in exit stairways when approved by the authority having jurisdiction,
Where the local fire department has the capability of providing the required pressure, hydraulically
designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide
the required waterflow rate.
A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2015
Delaware State Fire Prevention Regulations 702, Chapter 4, 2)
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that
hose lines can be readily and conveniently attached to without interference from any nearby
obstructions as defined by the fire marshal's office. Fire department connections shall be a five-
inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire
Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department
connections shall be not less than three feet nor more than five feet in height above finished grade.
The fire marshal shall have the authority to require more stringent requirements when deemed
necessary. (City of Dover Code of Ordinances 46-162)
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26. All required means of egress shall have an exit discharge consisting of a non-slip surface, and leading
to and terminating at a public way.
27. All new passenger elevators in a building shall be provided with a car sized to accommodate an
ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where
two or more new passenger elevators are located in a single hoist way and serve all or the same
portion of the building, only one elevator car that provides a car sized to accommodate an ambulance
cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator
cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency
medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall
be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in
a manner acceptable to the local fire department. (2015 Delaware State Fire Prevention Regulations
705, Chapter 1, 15)
28. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State
Communications prior to Final CO. This must be scheduled in advance with Delaware State
Communications.
29. Project to be completed per approved Site Plan.
30. Full building and fire plan review is required.
31. Construction or renovations cannot be started until building plans are approved.
32. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire
permit from the Fire marshal’s Office. This work cannot be started until the permit is approved.
33. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Standpipe needed in building one.
2. No parking will be permitted in front of FDC and shall be shown on the plan.
3. The FDC location needs to be clearly shown on the plan.
4. Fire Hydrant must be within 300 of the FDC (as the hose comes off the truck).
5. Confirm a 15 foot clearance between the building and parking area.
6. For further review of the proposed restaurants further information is needed.
7. Knox Box required at rear gate for gate access.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Paj 71
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: Aug 28, 2019 T
===============================================================
APPLICATION: Delaware State Police Administration Building at Bay Road
Commercial(560 and 600 Bay Road)
FILE#: S-19-20 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The parcel was previously reviewed by the DelDOT.
2. The proposed uses and circulation on the property is not in accordance with the previously reviewed
plan.
3. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to
begin the plan review process.
Paj 72
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
September 2019
APPLICATION: Delaware State Police Admin Building FILE #: S-19-20
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan
must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling,
grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan
submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance
inspection fees based on the number of stormwater facilities are due prior to the start of construction.
2. The following notes must appear on the record plan:
• The Kent Conservation District reserves the right to enter private property for purposes of periodic site
inspection.
• The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control
measure, as it deems necessary.
• A clear statement of defined maintenance responsibility for stormwater management facilities must be provided
on the Record Plan.
3. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high
groundwater level and soils for any Best Management Practice (BMP) design.
4. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived.
ADVISORY COMMENTS TO THE APPLICANT:
1. We will be requiring a completely new set of plan reviews with new application and fee. All plans are
required to following the 2019 Sediment and Stormwater Regulations.
2. There is a currently approved Bay Road Commercial and demolition plan (2 separate plans) on file which
would allow for clearing and grubbing to begin.
3. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply with the
Delaware Sediment and Stormwater Regulations.
4. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of
a site, promote recharge and minimize the reliance on structural components.
5. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance
water quality and to make the stormwater facility an attractive community amenity.
6. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan
has been approved.
Paj 73
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 8-28-2019 Organization
APPLICATION: Delaware State Police Admin Building at Bay Road Commercial: 560 and 600
Bay Road
FILE #: S-19-20 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030
The MPO requested the opportunity to bring the recommendations on issues of our concern to the City of Dover.
The MPO will limit comments to projects to development proposals and applications that may lead to new
development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by
shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and
pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all
applications, not to be waived.
City of Dover Planning Commission 9-16-2017
Project Review
S-19-20 Delaware State Police Admin Building at Bay Road Commercial: 560 and 600 Bay Road
The MPO has reviewed the previous comments to a previous, similar site plan and offers these comments;
There is access to the site via a multi-use path along Bay Road and into the site via a sidewalk along the
north side of the entrance drive. Pedestrian access had been marked at the interior of the site leading to
other sidewalks in front of the building(s) as requested.
The site is adjacent to another development proposed to the immediate north. The sites plan provides
cross access to allow patrons to visit both locations without having to return to Bay Road for a few
hundred feet as previously recommended. Similarly, cross walks should be provided across the Existing
Entrance Boulevard.
There is transit available in the area and, if determined necessary, could accommodate service to the site.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
Paj 74
Appointment of the Architectural Review Oversight Subcommittee of
Planning Commission
As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the
Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The
following excerpt from the Zoning Ordinance is provided.
Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval.
2.28 Consideration shall be given to the physical orientation and architectural characteristics of
proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed
buildings, and their contributions to the overall image of the immediate vicinity by considering the
building and architectural design guidelines as set forth in article 5, section 19. Design characteristics
of proposed buildings and building additions shall not detract or devalue existing buildings in the
immediate vicinity.
(A) If the planning commission determines that the proposed physical orientation and
architectural characteristics of the proposed buildings do not meet the intent and objectives of
this section, then the planning commission shall refer the proposal to the architectural review
oversight subcommittee for review and comment.
(B) The subcommittee shall meet and review the proposal with the applicant, and return its
comments to the planning commission by the next regularly scheduled meeting.
(C) The architectural review oversight subcommittee shall be appointed by the commission at its
annual meeting, and membership shall consist of two planning commission members, and
two design professionals with experience in construction, and the mayor or the mayor's
designee. Two alternate design professionals with experience in construction shall also be
appointed.
At the August 19, 2019 Annual Meeting of the Planning Commission, the following individuals
were appointed to the Architectural Review Oversight Subcommittee of Planning Commission.
o Kathleen Welsh, Planning Commission member
o Andrea Maucher, Planning Commission member
o Mayor or Mayor’s designee
At the same Meeting, the Planning Commission directed Planning Staff to confirm the
availability of the following two Design Professional members to the Subcommittee. No other
Design Professionals as Alternates have been recommended or appointed.
o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional
o Dr. R.J. Chandler, Faculty member of Architecture program at DelTech Community
College, Design Professional
Selection for Architectural Review Oversight Subcommittee of the Planning Commission Summary for 9-2019