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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA OCTOBER 24, 2012 - 5:00 P.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Proposed Resolution No. 2012-14 - Designating a Redevelopment Area on Properties Bounded by U.S. Route 13 (North Dupont Highway) on the East, Kings Highway on the North and West, and Delaware Route 8 (East Division Street) on the South 2. Review of Rear Access Waiver for Leander Lakes Apartments 3. Creation of Bicycle and Pedestrian Committee 4. Adjournment /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2012\10-24-2012 SA&T.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Safety Advisory and Transportation Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: October 12, 2012 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Resolution #2012-14: A Resolution Designating A Redevelopment Area On Properties Bounded By U.S. Route 13 (North DuPont Highway) On The East, Kings Highway On The North And West, And Delaware Route 8 (East Division Street) On The South REFERENCE: N/A RELATED PROJECT: Kent County Regional Bicycle Plan and 2008 City of Dover Comprehensive Plan REVIEWED BY: N/A EXHIBITS: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: N/A RECOMMENDED ACTION: Staff recommends that the Committee recommend that City Council approve the resolution. BACKGROUND AND ANALYSIS In the development process, the developer is typically responsible for the transportation upgrades necessary to support his proposed development project. In an urban area, this becomes a challenge when roadways or intersections fail to meet level of service standards under existing conditions. In order for the development proposal to move forward, the developer must bring the road segment or intersection up to an acceptable level of service. Again, in a highly developed urban area, this becomes a challenge, as the upgrades, which may involve property acquisition or even condemnation, can be costly enough to make a project economically infeasible. The DelDOT Standards and Regulations for Subdivision Streets and State Highway Access includes level of service (LOS) criteria and limited flexibility for DelDOT to relax its LOS standards. The following language grants DelDOT such flexibility in the case of redevelopment: 4. Development in Areas Designated for Re-Development If a proposed development is located in an area, or on a land parcel or parcels of land, designated as a “re-development” site by either state or local government, with local government concurrence DelDOT may accept the existing Level of Service provided that the proposed development makes sufficient improvements, to DelDOT‟s satisfaction, to retain the existing measured Level-of-Service. The property located in the area bound by U.S. Route 13 on the east, Kings Highway on the north and west, and Delaware 8 on the south, is one of these areas where the current transportation challenges create an impediment to redevelopment without flexibility on the LOS standard. In discussion with DelDOT, while the language in the City’s Comprehensive Plan supports redevelopment of underutilized sites along the Route 13 corridor, it is not specific enough for DelDOT to require only that the current LOS be maintained. The proposed resolution would allow DelDOT to apply this standard and not require that the developer make the costly upgrades to the intersection that would make the project infeasible.

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2012-14 2 A RESOLUTION DESIGNATING A REDEVELOPMENT AREA ON PROPERTIES BOUNDED 3 BY U.S. ROUTE 13 (NORTH DUPONT HIGHWAY) ON THE EAST, KINGS HIGHWAY ON THE 4 NORTH AND WEST, AND DELAWARE ROUTE 8 (EAST DIVISION STREET) ON THE SOUTH 5 WHEREAS, the City of Dover 2008 Comprehensive Plan, as amended, encourages redevelopment along 6 the U.S. Route 13 corridor; and 7 WHEREAS, a number of intersections along the U.S. Route 13 corridor fail to meet the Level of Service 8 Standards required by the State of Delaware, and the costs of modifying such intersections can cause 9 redevelopment of certain properties to be financially infeasible; and 10 WHEREAS, economic growth, prosperity and redevelopment are identified priorities of the City of Dover, 11 which wishes to work with the development community and the Delaware Department of Transportation 12 to promote redevelopment while preserving and enhancing the transportation network. 13 NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF 14 DOVER 15 1. Designates the area bounded by U.S. Route 13 (North DuPont Highway) on the east, Kings Highway 16 on the north and west, and Delaware Route 8 (East Division Street) on the south as a redevelopment 17 area, and requests that the Delaware Department of Transportation allow for development to proceed 18 without requiring the developer to make all of the necessary improvements but rather requiring the 19 developer to contribute a portion of the costs to be set aside for current and future improvements that 20 is proportional to the traffic generated by the proposed development; and 21 2. Directs staff to work with the Delaware Department of Transportation and the Dover/Kent County 22 Metropolitan Planning Organization to plan for and prioritize the transportation system 23 improvements needed to facilitate redevelopment. 24 ADOPTED: * 25 S:\RESOLUTIONS & PROCLAMATIONS\2012\Draft\2012-14 Redevelopment Area.wpd 26 27 CARLETON E. CAREY, SR. THOMAS J. LEARY 28 MAYOR COUNCIL PRESIDENT 29 Actions History: 30 October 24, 2012 - Introduced at Safety Advisory and Transportation Committee

City of Dover PETITION TO WAIVE EMERGENCY ACCESS REQUIEMENTS Before the City Council Safety Advisory & Transportation Committee October 24, 2012 Plan Title: Leander Lakes Apartments S-12-18 Plan Type: Site Plan Site Area: 28.67 acres ± Proposed Use: Apartments Number of Dwelling Units: Total – 240 dwelling units Zoning Classification: RM-1 (Medium Density Residence Zone) COZ-1 (Corridor Overlay Zone) Waivers Recommended: Zoning Ordinance Article 5 § 17.3 and 17.5(a) Elimination of the Emergency Rear Access PLAN SUMMARY (Plan dated August 24, 2012): The subject property consists of one parcel of land totaling 28.67 acres +/-. The subject property is zoned RM-1 (Medium Density Residence Zone) and is subject to the COZ-1 (Corridor Overlay Zone). This property is located on the south side of Forrest Avenue west of Dover High Drive and the property of Dover High School and east of Artis Drive. The owner of record is Leander Lakes, LLC. Tax Parcel: ED-05-075.00-01-05.01-000. The Site Plan proposes 240 apartment dwelling units in a series of 3 story apartment buildings. The development will consist of a total of ten (10) apartment buildings, clubhouse, and residual land to be used for stormwater management, the entry road, and open space. The entrances leading into the apartment complex site is off of Dover High Drive which connects to Forrest Avenue. Currently under construction, the continuation of Dover High Drive will connect to Tribbitt Street in the Cannon Mill subdivision. Previous Application The Planning Commission originally granted conditional Site Plan approval (S-09-13) for a 240 unit apartment complex at their meeting in August 2009. Construction did not commence and the plan expired on August 31, 2012. Previously, a Record Plan was recorded to subdivide the subject property from the Destiny Christian Church parcel. A Record Plan also recorded the contribution of forty (40) feet of property by Leander Lakes, LLC to create the right-of-way for Dover High Drive. The waiver request for the elimination of the emergency rear access was a part of this previous application. City Council granted the waiver request at their meeting of September 14, 2009. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

S-12-18 Leander Lakes Apartments Petition to Waiver a section of the Zoning Ordinance Planning Commission Report from October 15, 2012 Meeting Page 2 of 2 Request for Waiver for Elimination of the Emergency Rear Access: The Zoning Ordinance requires a 16 foot alley or an 18 foot secondary fire lane and an 18 foot subgrade emergency access lane as emergency access to the rear building areas for two and three story apartment buildings. (Article 5 §17.5(a)). The applicant is requesting a waiver for the elimination of these requirements. The existing circulation layout provides a 24 foot fire lane access across the front side of each building. The buildings are to be sprinklered. The requested waiver is further summarized in the following chart: Summary Zoning Ordinance Required Proposed Waiver Emergency Rear Access 16 ft. alley or 18 ft. secondary None Elimination of for Two-Three story apartment fire lane and an 18 ft. subgrade the required buildings emergency access lane alleys/secondary fire lanes Findings and Recommendations of the Dover Planning Commission The Planning Commission at its meeting on October 15, 2012 reviewed the proposed waiver request as part of its review of the Site Plan for the Leander Lakes Apartments. The Planning Commission recommends approval of the waiver for the Elimination of the Emergency Rear Access. The motion passed unanimously 8-0 of the members present. Attachments: Site Index Plan (dated 8-24-12)

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ACTION FORM PROCEEDING: Safety Advisory and Transportation Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: October 12, 2012 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Creation of a Bicycle and Pedestrian Committee REFERENCE: N/A RELATED PROJECT: Kent County Regional Bicycle Plan and 2008 City of Dover Comprehensive Plan REVIEWED BY: N/A EXHIBITS: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: Approve the creation of the Bicycle and Pedestrian Committee at the City Council meeting on November 13, 2012, and have the Committee in place by January 1, 2013. RECOMMENDED ACTION: Staff recommends that the Committee endorse the creation of a Bicycle and Pedestrian Committee as described below. BACKGROUND AND ANALYSIS The 2008 City of Dover Comprehensive Plan includes the following recommendation: Form Bicycle/Pedestrian Advisory Group Form an advisory group made up of bicyclists, pedestrians, DelDOT staff, MPO staff, and City staff to begin identifying gaps in the pedestrian and bicycle network. This would ultimately be used in the update of the Bicycle and Pedestrian Plan, but it may also be used to focus on filling in gaps in the bicycle and pedestrian network ahead of this plan. In September 2011, the Dover Kent County MPO approved the Kent County Regional Bicycle Plan, which aims to create an effective, safe bicycle system in central Delaware. It shows where there are bicycle trails, lanes and similar facilities in central Delaware and where there are gaps in service. This plan identifies a number of priorities in the City of Dover. The proposed Bicycle and Pedestrian Committee could work with the City, DelDOT and the Dover/Kent County MPO to prioritize projects for implementation and to promote safe opportunities for bicycling, walking and jogging in the City of Dover. With the creation of this Committee, the City will have a mechanism for regular communication with the cycling and pedestrian community. This will help to improve the quality of life in the City of Dover, help the City to achieve the Bicycle Friendly Community designation, and put the City in a positive position to receive funding through the State Trails and Pathways Initiative. As proposed, the Committee would be made up of five City residents who are active pedestrians and cyclists to be selected by the Chair of the Safety Advisory and Transportation Committee, as well as participation from City departments, DelDOT, and the Dover/Kent County MPO.