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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, June 20, 2016 – 7:00 P.M.
City Hall Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
1) Site Plan Application S-16-13 Dunkin Donuts at 1116-1128 Forrest Avenue will not be
heard on June 20, 2016. This application will be rescheduled for a future Planning
Commission meeting and will be subject to Public Notice requirements.
ADOPTION OF MINUTES OF REGULAR MEETING and QUARTERLY WORKSHOP of
May 16, 2016
WELCOME to Planning Commission Members
Andrea Maucher, Second District
Kenneth Roach, Fourth District
John H. Baldwin, Sr. – Fourth District (Reappointment)
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY,
July 18, 2016 at 7:00pm in the City Council Chambers.
2) Update on City Council Actions
3) Updates from Planning Office
4) Delaware Plan4Health Event - Dover Health Planning Week: June 13-15, 2016. There are
select times for Public Meetings and Open House Events held at Bayard Plaza Community
Room, 206 West Loockerman Street, Dover. Check website for details and updates:
www.deplan4health.org
5) Education and Training Opportunities
a. APA Webinars: “Planning Law Review” on June 29, 2016, 4-5:30pm
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
NEW DEVELOPMENT APPLICATIONS
1) MI-16-07 Clearview Meadows PND: Lots 213-265 Minor Lot Line Adjustment Plan and
Consideration of Alternative Bulk Standards – Public Hearing and Review of Alternative
Bulk Standards for the Clearview Meadow Planned Neighborhood Design development. This
is associated with a Minor Lot Line Adjustment Plan to resize fifty-three (53) townhouse lots
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City of Dover Planning Commission Agenda
Public Hearing: June 20, 2016
Page 2 of 2
within the Clearview Meadows Planned Neighborhood Design. Thirty-one (31) lots will be
reduced in width from 22 feet to 20 feet; the remaining lots will be enlarged. The plan is
accompanied by a request for the following Alternative Bulk Standards for the Clearview
Meadows PND: to allow a minimum lot width of 20 feet for townhouses; reduction in
minimum lot size to 2,000 SF for townhouses; and a lot coverage pf 75% for townhouse
units. The properties subject to the Minor Lot Line Adjustment Plan are located east of JH
Brown Boulevard fronting on Lady Bug Drive and Nob Hill Road. The properties are zoned
RM-1 (Medium Density Residence Zone). The owner of record is Shirliz, LLC. Tax Parcels:
ED-05-077.07-07-29.00 to ED-05-077.07-07-81.00. Council District 2. The Clearview
Meadows PND was reviewed by Planning Commission in 2004 as Application SB-04-04 with
Final Plan approval of January 19, 2006. Ordinance #2014-18 adopted October 27, 2014
made amendments to the Zoning Ordinance regarding certain bulk standards for PND
developments.
NEW BUSINESS
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: posted June 9, 2016
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CITY OF DOVER PLANNING COMMISSION
May 16, 2016
The Regular Meeting and Quarterly Workshop Session of the City of Dover Planning Commission
was held on Monday, May 16, 2016 at 7:00 PM with Chairman Mr. Tolbert presiding. Members
present were Mr. Holden, Colonel Welsh, Mr. Holt, Mr. Baldwin, Dr. Jones, Ms. Still and Mr.
Tolbert. Mr. Cregar was absent.
Staff members present were Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mr. Bill Cook, Mr.
Eddie Diaz and Mrs. Kristen Mullaney. Also present were Mr. Ramon Manjon and Mr. Gregory
Moore.
APPROVAL OF AGENDA
Mr. Holden moved to approve the agenda as submitted, seconded by Mr. Baldwin and the motion
was unanimously carried 7-0 with Mr. Cregar absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF APRIL 18,
2016
Colonel Welsh moved to approve the Planning Commission Meeting minutes of April 18, 2016,
seconded by Ms. Still and the motion was unanimously carried 7-0 with Mr. Cregar absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams stated that tonight in addition to the regular meeting they are going to do the
Planning Commission Quarterly Workshop. Originally that was scheduled for Wednesday, May 18,
2016 but due to the level of agenda items this evening we are going to hold both meetings tonight.
Mrs. Melson-Williams stated that the next Planning Commission meeting is scheduled for Monday,
June 20, 2016 at 7:00pm in the City Council Chambers.
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on April 25 & 26, 2016 and May 9 & 10, 2016.
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: None
NEW BUSINESS
1) S-16-03 Serenda Apartment Building at 762/764 South State Street: Waiver Request –
Review and Consideration of a Waiver Request for the Elimination of Upright Curbing as
associated with the Administrative Site Plan for interior renovations of a 4-unit apartment
building and associates site improvements. The project is located on the west side of South
State Street north of Gooden Avenue and across from the entrance drive to South Dover
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
Elementary School. The property is zoned R-8 (One-Family Residence Zone). The owner of
the property is KCRM LLC. Tax Parcel: ED-05-77.13-02-32.00-000. Council District 2.
Representatives: Mr. Ramon Manjon, KCRM LLC
Mr. Cook stated that this application is S-16-03 Serenda Apartment Building at 762/764 South State
Street. This is a review and consideration of a waiver request for the elimination of upright curbing
as associated with the Administrative Site Plan for interior renovations of a 4-unit apartment
building and associated site improvements. The project is located on the west side of South State
Street north of Gooden Avenue and across from the entrance drive to South Dover Elementary
School. The property is zoned R-8 (One-Family Residence Zone).
The Planning Commission was provided a memorandum with a little background on the project.
The project is undergoing approval through the Administrative Site Plan process. This is a legal
non-conforming apartment building which has existing for many years. There’s no increase to
impervious surface and there’s no expansion of the structure. It’s an interior renovation with
exterior surface renovations as well. But as part of the project they are slightly increasing the size of
parking on the site and also converting that parking from gravel to a new nine (9) space asphalt
parking lot. In conjunction with that they are seeking a waiver request for the requirement for
curbing of that parking lot. The parking requirement is 2.25 spaces per unit so that gives them nine
(9) spaces required. Staff recommends approval of the waiver for various reasons. Elimination of
the curbing assists stormwater management by continuing to allow sheet flow of stormwater to
adjacent grass yard areas. Also in past practice there have been waiver requests for elimination of
curbing for Conditional Use projects which the Commission has approved adjacent to residential
areas and they felt that this case was very similar. The rationale being to preserve the more
residential character of the neighborhood by eliminating the curb, which to some people is kind of a
commercial sort of look. Also, the plans which were presented to us include the parking bumpers.
Staff recommends bumpers when we have curb waivers requested and approved. In this case, they
would like to condition the waiver request on the inclusion of the parking bumpers which are
presented in the submitted Site Plan.
Mrs. Melson-Williams stated that this application is not subject to public hearing; the waiver is just
before the Commission. On the desks of the Commissioners is a copy of the formal request letter on
the waiver that Staff did not have in hand when the packets went out.
Ms. Still moved to approve S-16-03 Serenda Apartment Building at 762/764 South State Street:
Waiver Request for the elimination of upright curbing, seconded by Mr. Holt and the motion was
unanimously carried 7-0 by roll call vote. Mr. Holden voting yes; it’s a waiver request that they
often grant and it seems to make sense in this context. Colonel Welsh voting yes, for previous
reasons stated. Mr. Holt voting yes, for previous reasons stated. Mr. Baldwin voting yes, based on
the recommendation by Planning Commission. Dr. Jones voting yes, based on the recommendation
of Staff and previous comments. Ms. Still voting yes, for all of the previous reasons stated. Mr.
Tolbert voting yes, for all of the reasons stated.
NEW DEVELOPMENT APPLICATIONS
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
1) S-16-12 Parking Lot at 1 South Bradford Street – Public Hearing and Review of a Site Plan
application to permit the construction of a 3,830 S.F. ± parking lot containing thirteen (13)
parking spaces at the rear of the existing building on site. Construction would involve
demolition of a 300 S.F. accessory garage. A future phase proposes an additional three (3)
parking spaces of 570 S.F.
Representatives: Mr. Gregory Moore, Becker Morgan Group
Mr. Holden abstained from discussion and voting due to his employer being the engineer of
record.
Mr. Diaz stated this project is a parking lot at 1 South Bradford Street. It is going to precede the
property’s eventual conversion from apartments to office use. Ultimately, both the existing
building on-site and the new parking lot will serve the law offices that are next door across the
alley at 6 South State Street. The project proposes fourteen (14) parking spaces to start with and
there would eventually be seventeen (17) total spaces once the conversion to office space is
complete. The project is zoned RGO (General Residence and Office Zone) and its located at the
southeast corner of Bradford Street and Division Street. This was a bit of a difficult site to work
with because it’s a small lot Downtown but the Planning Staff was able to make a number of
interpretations of the Zoning Code that allowed the project to go forward. The most important
one is that the parking is in the rear yard of the property even though it is adjacent to Division
Street. They also determined that the project will not need ADA accessible parking until the
second phase when it is expanded to its full seventeen (17) spaces and the building undergoes
conversion to office use. The number of parking spaces is also allowed because the lot will be
declared a joint facility with the parking across the alley that is on 6 South State Street’s
property. There are no waivers requested for this project. All it needs is Planning Commission
approval which Staff is recommending.
Mr. Moore stated that Baird, Mandalas and Brockstedt actually own the lot. They operate the
law firm that is behind it. They did an outstanding job in renovating and maintaining that
historic home. In fact, they won a statewide historic preservation award for that. What they are
doing here is that they purchased this lot and want to add the parking here for now. Their current
tenants are actually Wesley College students who don’t have parking. They are students who
walk back and forth to the school. This lot will be primarily used for the overflow of their law
practice and then once they grow into it they will take over this building, renovate it, upgrade it
like they did to the building that they are in and then make it a law office. They don’t know
exactly when that will be which is why they phased this project the way that they did. They are
doing well in growing and that’s a good thing for Downtown.
One clarification, there are fourteen (14) spaces. That was something that they talked about in
the DAC comments and they removed one but parking is such a premium in the Downtown they
thought it best to maximize the fourteenth spot for use in this area.
Mr. Moore stated that the owner Mr. Mandalas is here tonight and they appreciate Staff working
with them on the tightness of this project.
Mr. Tolbert opened a public hearing.
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
Mrs. Melson-Williams stated that there are two (2) letters that are considered public for public
testimony. These letters were received early so they were actually made part of the Planning
Commission packet. There is a letter of May 3, 2016 from Mr. Joseph Maybee at10 South
Bradford Street. He indicates that he has received notice of this proposed project and he is
enthusiastically in support of the project at 1 South Bradford Street. He indicates that he has
resided in the area for his entire life and is aware of the Downtown and the particulars of this
specific re-development.
The second letter also dated May 3, 2016 comes from Ms. Christine Hopkins of 3 South
Bradford Street. This is the adjacent property to the south. She also indicates that she received
notice of the proposed application for the property at 1 South Bradford Street for the parking
area and eventual office in the building. She is supportive of this re-development project and
encourages the Planning Commission to endorse the project as well.
Mr. Tolbert closed the public hearing.
Mr. Holt moved to approve S-16-12 Parking Lot at 1 South Bradford Street, seconded by
Colonel Welsh and the motion was unanimously carried 6-0 with Mr. Holden abstaining and
Mr. Cregar absent. Colonel Welsh voting yes, this will be beneficial to the City of Dover. Mr.
Holt voting yes; he thinks this is a real plus for the City of Dover. Mr. Baldwin voting yes, based
on the previous comments. Dr. Jones voting yes, it appears that all concerned parties are in
agreement and feel that this is a good move. Ms. Still voting yes, the plans are very informative
and she feels that it’s a good use of the space. Mr. Tolbert voting yes, the application is
presenting them with a situation where it’s beneficial for the site and it causes no problems to
the City whatsoever.
2) MI-16-05 Text Amendments: Speed Bumps, Speed Cushions, and Speed Humps – Public
Hearing and Review for Recommendation to City Council of Text Amendments to the
Dover Code of Ordinances, Section 98-10 – Speed Reduction Devices; Appendix A:
Subdivisions, Article VI, Section A – Street; and Appendix B – Zoning Ordinance, Article
10, Section 2.54 – Proposed Development. The proposed Ordinance revisions would create
definitions for speed bumps, speed cushions and speed humps and allow speed cushions to
be installed of private commercial property following review by the Safety Advisory and
Transportation Committee and approval by City Council. Speed bumps and speed humps
would remain prohibited. Ordinance #2016-09. Public Hearing and Final Reading before
City Council is scheduled on June 13, 2016.
Representatives: None
Mrs. Melson-Williams stated that this is a series of text amendments related to speed bumps, speed
cushions and speed humps. It comes to the Planning Commission via discussions that transpired at
the City Council Committee of the Whole Safety Advisory and Transportation Committee. That
Committee, in response to several inquiries from property owners and business owners regarding
what is currently the prohibition of speed reduction devices in the City Codes took up the topic over
a number of months. Ultimately, they ended up proposing a series of text amendments. The text
amendments themselves touch Chapter 98 of the Dover Code of Ordinances where street,
sidewalks, storm sewers and other public places are discussed. In the Land Subdivision Regulations,
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
in Article VI of that document, there is a discussion in the streets description related to this and then
the ultimately in the Zoning Ordinance in Article 10 Section 2 they are proposing something and
that is the reason why it is here before Planning Commission because any text amendment to the
Zoning Ordinance requires a hearing and recommendation of the Planning Commission. The
document itself was presented to the Commission. It’s about three pages long and has a variety of
amendments to various aspects of the Code. Some of the key components are actually really
defining what a speed bump, speed cushion and speed hump are. The intent of the remaining
amendments to the text are to basically allow for the use of speed cushions on privately owned
commercial property. That would be subject to a review process with the Safety Advisory and
Transportation Committee.
This proposed text amendment did go through our Development Advisory Committee process.
Planning Staff did review the Ordinance and they have a series of revisions that they believe aid in
what they call clarifying the requirements and/or limitations of this proposal regarding speed
reduction devices and specifically about speed cushions on privately owned commercial property.
Those are outlined as Staff Recommendations lettered A-I that is part of the DAC Report. The other
members of the Development Advisory Committee had some notes as well. The Department of
Public Works is opposed to the Ordinance. They indicate in their comments that they present an
operation hazard specifically to snow removal operations and also related to private property trash
collection in certain instances. The Fire Marshal’s Office recommends that fire lanes should be kept
clear and unobstructed in any way meaning that they would look to not have any of these types of
speed reduction devices occur in fire lanes. DelDOT also provided comments but they had no
comments or recommendations regarding the proposed text amendment.
Mr. Holden stated that he understands that there were some local commercial entities that requested
the opportunity but he is wondering what problem they are looking to resolve and do we have any
sense for the effectiveness of these devices. Responding to Mr. Holden, Mrs. Melson-Williams
stated that she believes that the specific inquiries came from a shopping center. She believes that
their bigger concern was a travelway that was located at the rear of the shopping center related to
traffic speeds in that area. The Committee actually looked at some research documents about this
whole concept of speed humps, bumps and cushions about ways to actually implement them design
wise but the details of that she does not have at this time. There wasn’t anything forwarded
specifically from the Committee in the form of written letters that they received or anything of that
nature in regards to these types of speed reduction devices. Currently, they are specifically
prohibited for use in the City of Dover; any type of speed reduction device is specifically
prohibited.
Mr. Holt stated that there are certain areas and streets where they have problems with cars driving
too fast and they are looking for ways to try to slow the speed down. Are there any other
alternatives to speed bumps, humps or cushions? He can see where there are some areas that could
be dangerous and people could get run over so they are looking for ways to slow traffic down.
Responding to Mr. Holt, Mr. Lyon stated that some of the speed reduction devices that you will see
proposed nowdays include these types of speed cushions or speed humps. The speed humps are
typically installed so that a typical vehicle can’t avoid it but an emergency vehicle that has a bigger
wheelspan can go around it. Odessa, Delaware has them in their roads. Other ideas are to bring curb
lines out so that it makes the travelway seem narrower so as a motorist you wouldn’t drive as fast.
There are also feedback signs that you have seen around the City with radars that show how fast
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
someone is driving. There is also the potential for putting up more stop signs. The problem with that
is that it could cause a queuing issue with vehicles traveling and backing up. There are always pros
and cons to these situations. Some are cheaper than others and some are more effective than others.
The Department of Public Works sees the speed radar signs frequently and to be honest he is not
sure if they are that effective. It depends on if there is police presence.
Mrs. Melson-Williams stated that the text amendments that are proposed this evening are not to
allow these items on public streets. It is specifically intended as it’s written to allow for speed
cushions, which is one of the types, to only allow them on private commercial properties.
Dr. Jones questioned if there were a significant number of owners who voiced concern? Responding
to Dr. Jones, Mrs. Melson-Williams stated that she did not know the exact number but she could
think of at least two locations. One who she believes made the request wanted to be able to pursue
that opportunity and in the other case a private property owner installed a speed reduction device
and the City let them know that it was not permitted by Code and it was removed. She would say
the number is at least two. With the shopping center, it may have been more than just the shopping
center owner. It may have been multiple businesses within the shopping center that made the
request. That was done at the Committee level.
Ms. Still questioned if the allowance of the speed cushion on privately owned property was after
review by the Safety Advisory and Transportation Committee and approval from City Council?
Responding to Ms. Still, Mrs. Melson-Williams stated that is how the text amendment is proposed.
There aren’t details beyond that on if it’s a permit or what kind of submission it takes to get such a
request before those two bodies.
Ms. Still further questioned if there was any feedback from the Public Works Department on the
comment that speed reduction devices on private property would be an issue for their Department?
Are they talking about just the speed bumps? Responding to Ms. Still, Mr. Lyon stated that the issue
with those types of devices is when Public Works has sanitation pickup at private locations it
becomes an issue with their trucks maintenancewise. It makes the trucks really bouncy and it’s very
difficult to operate the vehicle that way even if you go very slowly over it. That is a concern with
private property. They don’t plow any private roads so during the snow season if there’s a speed
bump there it’s not demarcated. They aren’t going to flip their truck over.
Ms. Still questioned if they had any input about the cushion? To her, it seems like it’s a small
device. Responding to Ms. Still, Mr. Lyon stated that at this time they have the same comment for
all three of the proposals.
Colonel Welsh questioned if a better description could be provided for what a speed cushion was?
He asked if there was a photograph available. Responding to Colonel Welsh, Mrs. Melson-Williams
stated that a speed cushion, while it extends across the travelway it’s not a quick bump in the road.
It has an up, a place in the middle and then a down; that is a speed hump. What makes it a speed
cushion is that there are breaks in it meaning that it is not a continuous mountain extension across
the road. There are gaps and those gaps would match the wheel base of an emergency vehicle. An
emergency vehicle would move so that its wheels travel through the two gaps in the speed cushion.
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Colonel Welsh questioned if speed cushions were horizontal or vertical? Do they follow the path of
the road or are they perpendicular to the road? Responding to Colonel Welsh, Mrs. Melson-
Williams stated that the element itself runs perpendicular across the road. The gaps for the wheels
would be parallel with the travelway.
Colonel Welsh stated that they were also lower. Responding to Colonel Welsh, Mrs. Melson-
Williams stated that most of the time the gaps are pavement level. Think of a speed cushion as three
pieces of a hump that goes across the road.
Colonel Welsh stated that it was almost like a rumble strip. Responding to Colonel Welsh, Mr.
Cook stated that having lived somewhere where these were very common. His understanding is that
the design of them is such that you can travel at a constant speed over them unlike a speed hump
that requires you to slow down. These do require you to slow down but if you maintain the posted
speed you can go over them without having to brake for them.
Mr. Tolbert stated that it would just be a smaller hump. Responding to Mr. Tolbert, Mr. Cook stated
that it’s a smoother and longer hump.
Mr. Holt stated that they are somewhat effective though with trying to control your speed even
though it’s not drastic.
Mr. Tolbert questioned if there is anything else that can be done to help deal with the problem other
than cushions and bumps?
Mr. Holt suggested cameras maybe.
Colonel Welsh stated that what they are talking about is private property and private funding. It’s
not no adverse effect between the access of emergency vehicles. Responding to Colonel Welsh,
Mrs. Melson-Williams stated that it depends on where they have to travel on a private property.
They may have to cross over and through a speed cushion.
Mr. Tolbert stated that they still have snow removal and emergency vehicles going through.
Colonel Welsh stated that to me he sees snow removal as one of the biggest obstacles. He doesn’t
know how private property owners are going to get snow cleared with even the speed cushion.
Mr. Holden questioned if the City of Dover Police can police a speed limit or a stop sign adherence
on private property? Responding to Mr. Holden, Mrs. Melson-Williams stated that she did not
know.
Mr. Holden stated that he would note that personally he has read that speed bumps, humps or
cushions aren’t necessarily as effective as people would like. People often times drive faster or at
the same speed and potentially cause damage to the vehicles or others. As noted by Public Works
and the Fire Marshal’s comments, there are concerns over heavier vehicles having to travel over
them. He understands that the intent is to cut a swath through the speed bump so those larger
vehicles have a travelway so their wheels don’t go over the rise in elevation. We aren’t always so
lucky that we can travel right where we want to travel. He would also point out that it seems like
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lines 26 and 54 remove the prohibition in fire lanes which the Fire Marshal did not want them in fire
lanes. He is struck by the fact that we have two of the City’s agencies saying we don’t want them
and we might have two private entities requesting them. In his view, he thinks there is some time
that needs to be spent on either a further look and maybe cleaning up the Ordinance if we really
think this is a good idea to prohibit them in the fire lanes. Fire lanes are a certain percentage of the
building that has to have access by the Fire Company but doesn’t mean that the Fire Company is not
going to utilize the other travelways. This is the same for an ambulance, a trash truck or for snow
removal. He doesn’t think it’s so easy or so clean. It also seems like this allows them by removing
the prohibition in fire lanes. It seems to him that there are a lot of questions left to be addressed for
an issue that doesn’t seem like it’s an emergency issue.
Mr. Baldwin stated with the speed bumps and humps, he has seen incidents where people have
damaged their automobiles because the car bottomed out. Sometimes it crushes the muffler or even
cause the muffler to become detached because it caught on the hump when the vehicle bottomed
out. Are the private property owners going to be responsible for those damages? Responding to Mr.
Baldwin, Mrs. Melson-Williams stated that she isn’t sure where the liability lies between the private
property owner and the visitor to the site. It’s not something that the City would be in the mix for.
Mr. Tolbert stated that usually the under carriage of the vehicle is not so low as to come in contact
with the bump or cushion unless something is wrong with the vehicle and it has something hanging.
Responding to Mr. Tolbert, Mr. Baldwin stated that is depends on what they are driving.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, he closed the public
hearing.
Mr. Holden moved to recommend denial to City Council for MI-16-05 Text Amendments: Speed
Bumps, Speed Cushions and Speed Humps as written but to re-visit the need and the language if
there is a thought that these are a necessary item to allow, seconded by Ms. Still and the motion was
unanimously carried 7-0 by roll call vote with Mr. Cregar absent. Mr. Holden voting yes, for the
reasons previously stated. Colonel Welsh voting yes, for reasons previously stated. Mr. Holt voting
yes, for the reasons previously stated. Mr. Baldwin voting yes; there are too many unanswered
questions. Dr. Jones voting yes, for reasons previously stated and a need has not really been
established by significant numbers. Ms. Still voting yes, for the reasons previously stated and she
too has unanswered safety issues that don’t seem to have been addressed by the current language
Mr. Tolbert voting yes, even though he does have concerns. It’s one of those issues that can be
difficult to address.
QUARTERLY WORKSHOP SESSION
Planning Commissioner Comments and Concerns
Mr. Tolbert stated that for the last couple meetings or so quorum has come up as a question and he
thinks that as a professional body they need a more professional way of dealing with that situation.
He would suggest appointing people that can fill in when they don’t have a quorum; people that
they can call so that the applicants are not inconvenienced. There are people around that have been
on this Commission and perhaps they would be willing to make themselves available if the quorum
is short. He thinks that as a professional body they need a better way of dealing with that issue.
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Mrs. Melson-Williams stated that Mr. Ambruso resigned his appointment so the Mayor and City
Council are in the process of filling that position. This is the time of year were several Commission
appointments come up. With quorum, Staff would say that the earlier that you let them know that
you will not be present the better. If there is enough of a concern about quorum and they know early
enough, there is the opportunity of rescheduling meetings. But they have to take into account the
public notice that has to be given for a number of types of applications. If you are going to be
traveling and know ahead of time, Staff appreciates knowing earlier than the day before. They
realize that life happens and people get sick which might be a last minute attendance issue but if
you know ahead of time Staff would also not deliver a packet to your door.
Mr. Holt stated that he has thought about that same suggestion and has mentioned it several times.
He doesn’t know whether alternative Commissioners would work. He knows that there are a
number of people who have been on the Planning Commission that may be willing to attend a
meeting at last minute notice. He doesn’t know how that would work since they would not have a
chance to review the projects. It may not be practical. Responding to Mr. Holt, Mrs. Melson-
Williams stated that it would take a Code amendment to do it and she doesn’t know if the State
enabling legislation allows for the appointment of alternates.
Mr. Tolbert stated that his concern is that applicants aren’t notified until the last minute that their
application can’t be heard because of the lack of quorum and we need some way to avoid that if
possible.
Department of Planning & Inspections Update
Summary of 2016 Applications
Mrs. Melson-Williams stated that the running tally chart was provided in the packet. Year to date of
2016 they are at a total of 37 applications. This is the tally through the filings of the May meeting of
the Planning Commission, Board of Adjustment and Historic District Commission. That is trending
about the same as last year. At six months last year, they were at 41 applications and we are now at
37 applications at 5 months. We are probably right around 41 applications for this year counting the
applications that have come in for June meetings. There are a number of projects that Staff expects
to file at some point in this calendar year. Staff has had informational meetings and pre-application
meetings to date; things are continuing to progress in the development world.
Mr. Holt stated that he thinks it’s interesting when you look back at the rundown. It gives you a
picture of the economy.
Mrs. Melson-Williams stated that this tally represents formal applications. The other thing that has
changed that does impact these numbers is that there are certain types of projects that previously
may have required this type of application filing that have moved to a strictly permit process with
some of the changes that they have done to the review procedures. There is some reduction in
numbers that way.
Research Activities
i. Updates of Research for Ordinance Amendments
1. Manufactures Homes
Mrs. Melson-Williams stated that Staff has actually completed a thorough review of the City of
Dover Code so that’s more than just what happens in the Zoning Ordinance. They have been
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
dealing with any provisions in the entire Dover Code that relate to references of mobile homes and
manufactured homes to update the terminology to make the Code consistent throughout. There were
some differences in definitions in different sections and also to be more consistent their current
housing terminology and practices in general. The package of text amendments related to that is
scheduled to be presented to the Legislative Finance and Administration Committee of City Council
at one of their June meetings. There are sections that are amendments to the Zoning Ordinance so
that will be a future item of the Planning Commission to consider.
2. Residential Zones
Mrs. Melson-Williams stated that the other ordinance amendments that Staff will be working on this
summer is taking a concentrated look at the residential zones. They did something similar a few
years ago for commercial zones. They are looking to do a lot of clean up and clarification in those
zones in particular.
Mr. Holt stated that one of the problems in residential zones and homeownership is sometimes the
homeowner will move out and rent the property. Over time those rental properties have the potential
to run down the residential neighborhoods as opposed to neighborhoods where the homes are all
owner occupied. If that happens is there anything that the City can do to control the situation? He
sees this happening in older residential areas that were really nice developments and then suddenly
they become rentals and the tenants are not taking care of the property like the actual owner does. It
drags the residential community down. Maybe there can be a time limit set. Can a house be rented
as a rental property forever?
Current Studies and Projects
Mrs. Melson-Williams stated that they have a number of things that are in various stages of
progress.
i. Transportation Improvement District
Mrs. Melson-Williams stated that with Transportation Improvement Districts they are working with
DelDOT. DelDOT is currently working on the modeling which is a step in the process to actually
get to kind of a fee related to development activity for transportation improvements. At this point,
Staff is waiting to hear from DelDOT on the results of the modeling exercise for that project.
ii. Division Street/Forest Street Design Charrette
Mrs. Melson-Williams stated that this charrette was held a few months ago. The working group
with this project has reviewed a draft of the plan document that is a result of those meetings. They
have provided comments back to the consultant. At this point, the consultant is working to prepare
what will be the public draft to be issued on that project.
iii. Bradford Street Streetscape Enhancement Project
Mrs. Melson-Williams stated that this is the project that focuses on South Bradford Street between
Division Street and Loockerman Street. At this point, there is no specific update other than the City
had to enter into an agreement related to and leading to what is the next step which is the more
intense design of that project. It is a streetscape project related to sidewalks, lighting and the like in
that corridor.
iv. Evaluation of Non-Conforming Uses in Residential Districts
Mrs. Melson-Williams stated that this study is an evaluation of non-conforming uses in the
residential districts. The Planning Office has been working with the City’s GIS Department and
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
they actually developed an application for Staff to do data gathering in the field. Both Mr. Cook and
Mr. Diaz have been involved in that. They are targeting the residential areas in the City looking for
uses that are non-conforming meaning that they are not a permitted use in what the Code says the
list of uses are in that residential zone. They are finding things like houses that were initially
constructed as a single family residence but now may be divided into multiple apartments in a zone
that doesn’t allow for that. It’s a mapping exercise to find out what we are dealing with and where
these issues do exist. They have been out on the road a couple of times and she doesn’t know if they
want to share any insight from their travels so far.
Mr. Diaz stated that they started at the beginning of this month and have put in about 4.5 hours of
travel time so far. With that they have been able to cover about 1/10 of the City’s residential zones.
Based on that, they are projecting that they would be done with all of the survey work by the end of
the summer. After that they would go over their maps and do some analysis on where the non-
conforming uses are located.
Mrs. Melson-Williams stated that it is a work in progress and they are utilizing mapping technology
to help record the data and also synthesize the data for that project.
Mr. Tolbert questioned how long it would take them to complete the project? Responding to Mr.
Tolbert, Mrs. Melson-Williams stated that Mr. Diaz just mentioned that the fieldwork portion of it
is expected to take through the summer and then depending on the findings, they have to sort that
out by what the issues are and then identify what the remedies to those situations may be. It may
result in some text amendment changes to how we look at non-conforming uses. Since they are also
looking at the residential districts, some of that data may also inform the types of uses that should
be allowed in an area. It’s certainly a data gathering project and it’s not something where they are
out there everyday. It’s trying to dedicate a few hours a week along with everything else to kind of
work through it.
Updates of Program and Plan Activities
i. Downtown Development District Program/Restoring Central Dover Community
Plan
Mrs. Melson-Williams stated that this is a plan that wasn’t necessarily Dover as the lead. For the
Downtown Development District Program, today was actually the filing deadline for what they call
Large Project Grant Applications to the State Housing Authority who is the administrator of the
State level grant program. With large projects, there is an application submission to actually reserve
grant money specifically for your project. They have a number of deadlines specifically for large
grant projects. They know of at least one project that was intending to file today which will
ultimately result in a plan having to come before the Planning Commission because it is for new
construction. We may be seeing a number of these projects make their way through the regulatory
review process in the upcoming months.
ii. Delaware Plan4Health
Mrs. Melson-Williams stated that this is kind of a mark your calendar announcement. With this plan
there will be a charrette. It’s a several day intensive workshop session. People will come and go and
provide input about the topic. That’s tentatively scheduled from June 13-15, 2016. It will be held in
Downtown Dover. At this point, they are looking to secure what will be the location for it.
Information about the project will be shared with Commission members when we know the details.
11
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CITY OF DOVER PLANNING COMMISSION MAY 16, 2016
The Plan4Health program is actually a grant. The grant is to look at health data and to work with
communities to develop what are strategies for ways to address active living, healthy eating and
specifically inform comprehensive plans and ultimately ordinances that may be the result of that.
Dover had a specific targeted neighborhood to really focus on this. Likewise, there will be a
location in Kent County as well. The Plan4Health is part of a grant that the Delaware Chapter of
American Planning Association was successful in getting. It’s a collaborative effort of a number of
different partners. The City has members on the Steering Committee but it’s pretty exciting to see
health data looked at a different way and then how that can inform planning efforts here locally.
Education and Training Opportunities
Delaware Planning Education Program by UD-IPA: Workshop Series – “Creating a
Flood Ready Community” May 20, 2016, 9:00am-Noon (Registration Required)
Mrs. Melson-Williams stated that this training will be held at the University of Delaware Paradee
Center. It’s to be held on May 20, 2016. If anyone is interested in attending please let Staff know
because the registration deadline is this week. It’s basically a morning session and the workshop
really deals with the flood risk and strategies for dealing with areas that could be potential flood
situations.
APA Webinars:
i. “Translating the Plan Into Implementation” on May 11, 2016, 4-5:30pm
Mrs. Melson-Williams stated that this webinar was held last week. She attended that session and it
really focused on what you take from a Comprehensive Plan and then implement. It was how a
Comprehensive Plan can inform zoning decisions, zoning ordinance development and more than
just the City’s Comprehensive Plan but also their Capital Improvements Program for a series of
years.
ii. “Planning Law Review” on June 29, 2016, 4-5:30pm
Mrs. Melson-Williams stated that this webinar is scheduled to be held on June 29, 2016. Typically,
they take major cases at a national level related to planning and give updates whether it’s Circuit
Court decisions or Supreme Court decisions. It’s typically a mix of what’s out there case wise on
the national level that may impact planning.
Mr. Holt stated that he thinks that the Commissioners are doing a good job.
Mr. Tolbert stated that he agrees. They are doing better than a whole lot of Planning Commissions
as they have an excellent Staff.
Meeting adjourned at 8:14 PM.
Sincerely,
Kristen Mullaney
Secretary
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Paj 15
Planning Week
Dover Health
June 13–15, 2016
Bayard Plaza
Community Room
206 West Loockerman Street Monday,
Dover, DE. 19901 June 13
5:30 – 7:30
We need your help to learn how Dover Public Meeting –
can be a healthier place to live, work, provide your input.
Light dinner and
and play. Are new parks, trails, or refreshments provided.
playgrounds needed? Where? How
can access to fruits and vegetables be
improved? Please join us at one (or Tuesday,
June 14
all) of the events listed to share your
11:00 – 5:00
experiences and ideas! A light dinner Open House –
will be provided at the evening drop by any time,
meetings. Kids activities will be learn about the
project, give us
provided, so bring the kids. your input.
Check our website for details and updates:
www.deplan4health.org Wednesday,
June 15
Questions? Contact: 10:00 – 12:00
David Edgell,
Open House –
david.edgell@state.de.us, drop by any time,
(302) 739-3090; learn about the project,
Ann Marie Townshend, give us your input.
atownshend@dover.de.us,
(302) 736-7196;
Tamika Graham, 5:30 – 7:30
tgraham@ncall.org, Public Meeting –
(302) 678-9400 x 123 Final project presentation.
Light dinner and
refreshments provided.
Paj 16
City of Dover
DATA SHEET FOR REVIEW of Minor Lot Line Adjustment Plan and Consideration of PND:
Alternative Bulk Standards
DEVELOPMENT ADVISORY COMMITTEE MEETING OF June 8, 2016
PLANNING COMMISSION MEETING OF June 20, 2016
Plan Title: Clearview Meadow PND: Lots 213-265 Minor Lot Line Adjustment Plan and
Consideration of Alternative Bulk Standards, MI-16-07
File Numbers: C-04-01 Clearview Meadow Planned Neighborhood Design: Concept Plan
SB-04-04P Clearview Meadow PND: Preliminary Subdivision Plan
SB-04-04F Clearview Meadow PND: Final Plat
MI-13-04 Clearview Meadow PND: Revised Active Recreation Area & Minor
Subdivision Plan (Application Not Approved)
Plan Type: Planned Neighborhood Design Option
Minor Lot Line Adjustment Plan
Subject Location: Located east of JH Brown Boulevard fronting on Lady Bug Drive and Nob Hill
Road within the Clearview Meadow Subdivision which is north of South Little
Creek Road, south of North Little Creek Road, and east of Babb Drive
Tax Parcels: Multiple parcels ED-05-077.07-07-29.00-000 to ED-05-077.07-07-81.00-000
Owner: Shirliz LLC
Site Area: 53 townhouse lots
Property Use: Residential Subdivision Development under construction
Number of Dwelling Units: Approved – 303 dwelling units (167 Single Family, 48 Duplex, 88
Townhouses)
Area to be Revised: 53 Townhouses units in subject area
Sewer & Water: City of Dover
Zoning Classification: RM-1 (Medium Density Residence Zone)
PND Considerations: Alternative Design Standards for PND - Townhouses
Reduction in Minimum Lot Width from 22 feet to 20 feet
Reduction of Minimum Lot Size from 2200 SF to 2000 SF
Increase Maximum Lot Coverage from 50% to 75%
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
Paj 17
City of
Dover
Planning
CITY OF DOVER Office
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
D.A.C. MEETING DATE: June 8, 2016
APPLICATION: Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-
265 Minor Lot Line Adjustment Plan and Consideration of Alternative Bulk Standards
FILE #: MI-16-07 REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE #: (302) 736-7196
This Application pertains to the Review of a Minor Lot Line Adjustment Plan to resize fifty-three
(53) townhouse lots within the Clearview Meadows Planned Neighborhood Design subdivision.
Thirty-one (31) lots will be reduced in width from 22 feet to 20 feet; the remaining lots will be
enlarged. The plan is accompanied by a request for the following Alternative Bulk Standards for
the Clearview Meadows PND: to allow a minimum lot width of 20 feet for townhouses;
reduction in minimum lot size to 2,000 SF for townhouses; and a lot coverage of 75% for
townhouse units. The properties (Lots 213-265) subject to the Minor Lot Line Adjustment Plan
are located east of JH Brown Boulevard fronting on Lady Bug Drive and Nob Hill Road. The
properties are zoned RM-1 (Medium Density Residence Zone). The owner of record is Shirliz,
LLC. Tax Parcels ED-05-077.07-07-29.00 to ED-05-077.07-07-81.00. Council District 2.
BACKGROUND
Clearview Meadow is a Planned Neighborhood Design development on 88.2524 acres +/- of
land. The Concept Plan for Clearview Meadow PND (C-04-01) and the Preliminary Subdivision
Plan (SB-04-04P) received conditional approval from the Planning Commission in April 2004
and September 2004. The Record Plan for the Subdivision was recorded on September 30, 2005
and the Final Construction Plans were approved January 19, 2006. The development, as
approved, consists of the following: 167 single family detached homes, 48 duplexes, and 88
townhouses for a total of 303 dwelling units.1 At the time of approval, PND Design Standards
were adopted for each housing type establishing the parameters for lot sizing, setbacks, etc.
1 At the time of original development of the subdivision, the property included multiple zoning districts including R-
8 (One Family Residence Zone), R-10 (One Family Residence Zone), RM-1 (Medium Density Residence Zone), and
RM-2 (Medium Density Residence Zone). Following the Comprehensive Rezoning Project 2009, the subdivision
was rezoned to R-8 and RM-1 reflecting the housing types of the development. Initially a portion of Clearview
Meadows was subject to the AEOZ (Airport Environs Overlay Zone) Noise Zone A; it was an open space area. The
property was removed from the AEOZ per City Council action of March 11, 2013 with the adoption of Ordinances
#2013-01 and #2013-02 for the Comprehensive Rezoning Project: AEOZ. These Ordinances and rezoning were a
result of a 2010 AICUZ Study which outlined revisions to the AEOZ Noise Zone areas. (MI-12-24)
Paj 18
MI-16-07 Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-265 Minor Lot Line Adjustment
Plan and Consideration of Alternative Bulk Standards
DAC Report of June 8, 2016
Page 2
PROJECT PROPOSAL
This Application consists of two parts: a Minor Lot Line Adjustment Plan and a request for
Consideration of Alternative Design Standards. The Minor Lot Line Adjustment Plan to adjust
the property lines is for a series of fifty-three (53) townhouse lots identified as Lots 213-265.
The overall number of dwelling units (parcels) will remain the same. This proposal just revises
the lot width and lot size. There are no revisions to the platted street right-of-ways.
For the Minor Lot Line Adjustment Plan, the proposed parcels are to be in compliance with the
lot requirements for townhouse units of the Zoning Ordinance and the established Design
Standards for the PND. Two off-street parking spaces must be provided for each dwelling unit
and access to each townhouse lot is required to be from the alley.
The proposed Minor Lot Line Adjustment Plan is eligible for Administrative Review and
does not require Planning Commission review; however, in order to make the proposed lot
revisions the Planning Commission is required to authorize the use of Alternative Bulk
Standards for the PND.
Request for PND: Alternative Design Standards
The applicant is requesting adjustments to the required design standards of a Planned
Neighborhood Design specifically for the townhouse units in the Clearview Meadow PND
Subdivision. Article 3 §24.5 of the Zoning Ordinance permits the Planning Commission to grant
such adjustments and reads as follows:
Article 3 §24.5. The design standards and dimensional requirements (bulk and parking
regulations) shall be in accordance with article 4, sections 4.10 and 4.11, except that the planning
commission may relax any of these requirements where the developer can demonstrate that such
action is desirable and consistent with the objectives of this ordinance and the comprehensive
plan.
Since the initial approval of the Clearview Meadow PND there have been amendments to the Zoning
Ordinance regarding certain bulk standards for PND developments and regarding the perimeter
buffer. Ordinance #2014-18 adopted October 27, 2014 amended the front and rear setback
requirements and eliminated the 40-foot perimeter buffer for PND developments. (MI-14-12)
The following table presents the Design Standards as originally approved for Clearview Meadow
PND and the current PND Design Standards as specified in the Zoning Ordinance in comparison
to the applicant’s request for Alternative Design Standards for the townhouse units within
Clearview Meadow PND. The Design Standards where adjustments are requested are
highlighted. The specific request for consideration is the townhouse lot width reduction from 22
feet to 20 feet. With the other requests pertaining to average lot area, minimum lot area, building
setbacks from street and property lines, and lot coverage, the applicant seeks to utilize the
recently amended PND standards. The other Design Standards for single family detached
dwellings and duplex units remain as previously approved for the Clearview Meadow PND.2
2 The single family detached dwelling and duplex units may utilize the Design Standards of the Zoning Ordinance
for the PND as amended in 2014 (front and rear setbacks) as the provisions of the Ordinance were made retroactive
to previously approved developments.
Paj 19
MI-16-07 Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-265 Minor Lot Line Adjustment
Plan and Consideration of Alternative Bulk Standards
DAC Report of June 8, 2016
Page 3
Housing Type Townhouses
Allowed (Adopted for Required Per Zoning Requested
Clearview Meadow PND) Ordinance as amended)
3,155 S.F. per dwelling 2,200 S.F. per dwelling
Average Lot Area 3,208 S.F. per dwelling unit
unit unit
Minimum Lot 2,200 S.F. per dwelling 2,000 S.F. per dwelling 2,000 S.F. per dwelling unit
Area unit unit
Lot Width 22 feet 22 feet 20 feet
Lot Depth 100 feet 80 feet 100 feet
Off-Street Parking 2 2 2
Building Setback
30 feet 20 feet 20 feet
from Street
Building Setback
from Property
Line
(Applies to Front 20 feet 10 feet 10 feet
Yard Setback, Side
Yard Setback, Rear
Yard Setback)
Building Spacing 30 feet 30 feet 30 feet
35 feet 35 feet 35 feet
Building Height
3 stories 3 stories 3 stories
Lot Coverage 50% 75% 75%
DEVELOPMENT OF CLEARVIEW MEADOWS PND SUBDIVISION
The development of the Clearview Meadows PND includes a series of construction plans reflecting
the infrastructure and amenities of the subdivision. The development of these townhouse lots
remains subject to those requirements. Key components of the development are noted below.
The land of the Clearview Meadow Planned Neighborhood Design remains zoned R-8 and
RM-1. The plan included development of a variety of housing types: single family
detached dwellings, duplexes, and townhouses.
Twenty-five percent of the total site area must be set aside and preserved for open space
within a subdivision under the Planned Neighborhood Design Option. A total of 22.0650
acres +/- of open space was approved for the Clearview Meadows development which met
the 25% open space requirement.
The Active Recreation Area for this project is required at a rate of 275 square feet per
dwelling unit or 0.5 acre of land, whichever is greater. Based on 303 dwelling units, 83,325
S.F. (1.9129 acres) of Active Recreation Area is required.
o The project includes a 6.8429 acre Active Recreation Area to consist of a walking
path system, play structure, swings, picnic tables, benches, swimming pool & bath
house facility with associated parking lot. A portion of these elements have been
constructed.
o A proposal in 2013 to revise the Recreation Area (to eliminate the pool and create a
community center building) was not approved (MI-13-04).
The street network for Clearview Meadow PND was previously laid out with a right-of-
way of sixty (60) feet and paved street widths of 32 feet (as per waiver granted in 2004).
The streets in this subject area have not been formally dedicated to the City of Dover for
ownership and maintenance as of yet.
Paj 20
MI-16-07 Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-265 Minor Lot Line Adjustment
Plan and Consideration of Alternative Bulk Standards
DAC Report of June 8, 2016
Page 4
Two connections to the existing street network are required by the Land Subdivision
Regulations based on the total number of dwelling units. Clearview Meadow has one
connection to North Little Creek Road, a connection to South Little Creek Road
(aligning with the Levy Court Lane), and the continuation of Babb Drive.
The development includes pedestrian oriented amenities with sidewalk along all streets
and frontage roads.
For Clearview Meadow PND, a total of 1282 trees are required. The approved plan
presented plans for the planting of street trees and a mix of tree plantings on the
residential lots. Other tree plantings are proposed for the open space areas adjacent to
the stormwater management facility, the active recreation/park area, and near the
subdivision entrances.
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S
AUTHORITY AND AREA OF EXPERTISE.
CITY AND STATE CODE REQUIREMENTS:
1) The project must comply with the bulk standards for townhouses in the PND unless approval
of Alternative Design Standards for the PND are granted by the Planning Commission.
2) Townhouse Lot 249 on Lady Bug Drive currently does not meet the minimum lot area
requirement of 2000 SF as it is listed at 1999.75 SF. Revise location of proposed property
lines to ensure this lot (and adjacent lots) comply with the minimum lot area.
3) Add the following to the Record Plan sheet:
a) Property owner and engineer’s certification statements and signature blocks.
b) List as Clearview Meadow Planned Neighborhood Design (PND) in title block.
c) A Key Plan to assist in placing this area within the overall subdivision.
4) The Record Plan drawing does not reflect the setbacks from the rear property lines as 10 feet
as the Design Standards allow for townhouse units. The adjacency to the alley is not
considered a street setback.
5) The Record Plan sheet must include and/or reference the General Notes of the Record Plan of
Clearview Meadow PND as recorded. For clarity, please include these notes as they contain
limitations and requirements of all residential lots with some specifically related to
townhouses.
6) The data column needs to be updated prior to Final Approval. Some of the items which need
revising are as follows:
a) Add property ownership information.
b) Summary tallies of number of lots.
c) Update zoning to be RM-1.
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MI-16-07 Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-265 Minor Lot Line Adjustment
Plan and Consideration of Alternative Bulk Standards
DAC Report of June 8, 2016
Page 5
d) General Notes #2: Update note to also indicate the “allowed” column is as approved by
the Planning Commission on April 19, 2004 and September 20, 2004. Reference
Applications C-14-01 and SB-04-04 Clearview Meadow PND.
e) General Notes #3: Update note to also indicate the “required” bulk standards are given as
per text amendments adopted by Ordinance #2014-18 on October 27, 2014.
f) Any changes recommended and approvals by the Planning Commission.
7) Due to the proposed lot revisions, please review the construction plan set for Clearview
Meadow PND to ensure there are no necessary revisions related to site improvements. This
includes the General Development Plan, Plans for Utility Services, Grading Plan, Landscape
Plan, etc.
a) All tree plantings should also be clearly located on individual lots (not on the property
line); some slight field planting adjustments may be necessary due to changes in property
lines.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
1) Staff Recommendations on Alternative Design Standards for PND: Staff recommends
approval of the series of Alternative Design Standards for townhouse units in the Clearview
Meadow PND. The reduction in lot width does not significantly impact the character of the
residential development. The overall number of units is not increasing and the general layout
and groupings of units remains a mix of four, five, and six-packs of townhouses. The
revisions to the lot area and average lot area are related to the lot width reduction. The other
design standards related to setbacks and lot coverage recognize previous amendments to the
PND provisions.
ADVISORY COMMENTS TO THE APPLICANT:
1) Other agencies and departments which participate in the Development Advisory
Committee may provide additional comments related to their areas of expertise and code
requirements.
2) In the event, that major changes and revisions to the Plan occur in the finalization of the
Plan contact the Department of Planning and Inspections. Examples include lot revisions
or lot layout, 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.
3) Following Planning Commission approval of the 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.
Paj 22
MI-16-07 Clearview Meadow Planned Neighborhood Design: Townhouse Lots 213-265 Minor Lot Line Adjustment
Plan and Consideration of Alternative Bulk Standards
DAC Report of June 8, 2016
Page 6
4) Upon final approval and endorsement, the Minor Lot Line Adjustment Plan (Record Plan)
must be recorded at the Kent County Recorder of Deeds Office.
5) The applicant/developer shall be aware that prior to any ground disturbing activities on
the site the appropriate site inspections and permits are required. The applicant shall be
aware that Plan approval does not represent a Building Permit and associated construction
activity permits. A separate application process is required for issuance of a Building
Permit from the City of Dover.
6) The applicant is reminded of the requirements for construction phasing of the recreation
area as associated with the development of the residential units (Zoning Ordinance,
Article 5 §10.6). The 50,450 S.F. of recreation area for the residential units has been
constructed to date or is under permit for construction which will satisfy the Active
Recreation Area requirement for 182 dwelling units. The Active Recreation Area must
be 100% complete in order for the final 20% of the Building Permits (60 dwelling units)
to be issued.
7) The developer shall be aware that Street Lights shall be required to be installed in
conjunction with the construction of subdivision streets. The developer shall coordinate
street light placement and electric utility routing and equipment with the City of Dover
Electric Department.
If you have any questions or need to discuss any of the above comments, please call the
above contact person.