PC Minutes 1-18-22

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 The Meeting of the City of Dover Planning Commission was held on Tuesday, January 18, 2022 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper, Mr. Roach, Mr. Hartman, Mr. Baldwin (arrived at 7:15PM), Dr. Jones, Mrs. Welsh, Mrs. Malone and Mrs. Maucher. (Note: The Planning Commission is deficient one member due to the December 22, 2021 resignation of Kelli Leiter Lor. Her replacement has yet to be appointed.) Staff members present were Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. Chris Waters, Mr. Andreas Akaras, Mrs. Stacey Flanagan, Mr. Mark Flanagan, Ms. Jeanie Johnstone, Mr. Michael Sollazzo and Mr. Bill Rankin. APPROVAL OF AGENDA Dr. Jones moved to approve the Agenda tonight, seconded by Mrs. Welsh and the motion was unanimously carried 7-0 with Mr. Baldwin absent. APPROVAL OF MEETING MINUTES OF DECEMBER 20, 2021 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of December 20, 2021, seconded by Mrs. Malone and the motion was unanimously carried 7-0 with Mr. Baldwin absent. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Tuesday, February 22, 2022 at 7:00PM. It is scheduled to be held virtually and Staff will let everyone know if that changes or not. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on January 10, 2022. Mrs. Melson-Williams stated that masks are required in all City buildings once again and we have moved all of our Board and Commission Meetings to Virtual Meetings only. That was following a decision by City Council to do the same. It is authorized to be in a virtual setting only by way of the State of Emergency that the Governor declared on January 3, 2022. The provisions of the State’s Freedom of Information Act related to open meetings allows meetings to be conducted in a virtual setting without that in-person anchor location during times of a State of Emergency. So we have moved back to that format and we will continue in that format for the foreseeable future. She knows that it was always fun to do hybrid meetings with in-person and virtual people but she thinks that the Commission is well versed in making even the virtual system work while still allowing all of our applications to be heard and the public to participate. The Dover community also lost in recent weeks, Mr. Francis Nichols Sr. He was an employee of the City of Dover as an engineer for a number of years and retiring from Dover and then also served as a Planning Commission member for about ten years from 2002 to about 2012. We did 1

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 appreciate all of his questions related to Public Works matters because of his experience in that venue. Mrs. Melson-Williams stated that later this evening we will be recognizing the service of a Planning Commission member, Mrs. Kelli Lord. She has chosen to resign from the Commission and the Mayor is working on an appointment to fill that seat. It is a representative of the Third District. It is her understanding that there is a potential appointee and we may have that in place before our next meeting. Mrs. Melson-Williams stated that the Institute for Public Administration is getting started with their whole series of training sessions and these are available using Zoom in a virtual format. There was one last week and she is not sure that they had anybody participate in that. It was on “Advanced Land Use Law”. There are two more classes coming up and they certainly encourage you to take advantage of this opportunity. The next one is being held on January 28, 2022 from 10AM to noon. It is the “Planning 101” course which is a good introduction or a good reminder to what Planning is all about. If you are a Planning Commission member and are interested in attending that session, please reach out to Planning Staff and they can get you registered for that. There is a fee and then they send the email link for the event. The next session is scheduled for February 25, 2022 and it is “Introduction to Land-Use Law, the Constitution, and Takings” with course instructors Mr. Max Walton who is a lawyer who we have heard from a number of times and is an expert in land-use law. Another instructor is Mr. Edward O’Donnell who now works for the University of Delaware but was in local land-use administration for years; so, he also brings a wealth of knowledge. If you are interested in either one of those, please reach out to Staff and they can get you registered for those. Mr. Baldwin joined the meeting at 7:15PM. Mrs. Melson-Williams read the Resolution honoring the service of Kelli Leiter Lord on the Planning Commission for the record. Resolution Whereas, Kelli Leiter Lord became a member of the City of Dover Planning Commission on September 14, 2020 and has served with diligence and distinction in this capacity as an advocate for sound land use planning in the public interest; and, Whereas, Kelli Leiter Lord has played a role in ensuring fundamental fairness and careful forethought in the planning and development of the Capital City through her service on the Planning Commission; and, Whereas, Kelli Leiter Lord in reviewing development applications has utilized her background in graphic design in combination with an eagerness to improve the character, aesthetics, and prosperity of Downtown Dover in particular; and for her ability to remain a clear, fair, and decisive advocate even through the trials and difficulties of the COVID-19 Pandemic with the virtual/ hybrid meeting formats for Planning Commission Meetings; and, 2

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 Whereas, Kelli Leiter Lord completed her term of service on the City of Dover Planning Commission on December 27, 2021. Now Therefore Be It Resolved That, the City of Dover Planning Commission does hereby express its sincere appreciation to Kelli Leiter Lord for her faithful and diligent 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 Kelli Leiter Lord for a bright and prosperous future. Mrs. Malone moved to approve the adoption of the Resolution honoring Mrs. Kelli Leiter Lord’s service on the Planning Commission, seconded by Mrs. Welsh and the motion was carried by voice vote. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW APPLICATIONS SB-22-01 Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway: Minor Subdivision Plan - Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of 37.447 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 (Residual) is to be 29.297 acres+/- and encompasses the bulk of the original property area to the south containing the Manufacturing Facility known as Delmarva Corrugated. Lot 2 is to be 8.150 acres+/- and is proposed for the northern portion of the property. The subject property is located on the northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Four M Investments VII, LLC. Property Address: 1601 POW/MIA Parkway (previous address 1436 New Burton Road). Tax Parcel Number: ED-05-085.00-01-07.00-000. Council District 2. The Application for development of this property was Site Plan S-20-08 Manufacturing Facility at 1436 New Burton Road, which received Conditional Approval from the Planning Commission in October 2020 meeting, and Final Plan Approval in February 2021. Representatives: Mr. Chris Waters, Davis, Bowen & Friedel; Mr. Andreas Akaras, property owner representative for Four M Investments VII, LLc Mr. Swierczek stated that this is a Minor Subdivision Plan Application at 1601 POW/MIA Parkway. This had previously been addressed at 1436 New Burton Road. Many of the Planning Commissioners will remember that this was most recently the subject of Site Development Plan S-20-08 which was the application which brought us the Delmarva Corrugated Facility that is now up and running. This Minor Subdivision Plan Application is proposing two lots. The main lot, noted as Lot 1, is shown on the left side of your screen, would contain the existing Delmarva Corrugated Facility building with just over 29 acres. The remaining land which you see towards the right that is towards the north of the site would be just over 8 acres and noted as Lot 2. There 3

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 are no developments proposed as of yet for Lot 2. Staff will note that from the previous application for the development of the site, there will be no additional site entrances off of the POW/MIA Parkway. So, there will be a shared access through Lot 1 onto Lot 2. We did include an advisory comment that noted that whatever development may come to Lot 2 would of course have to be compliant with bulk standards. Were there to be any question of Lot 1 or Lot 2 potentially not being fully compliant, they may need to adjust the property line accordingly. As he had already mentioned, there is no specific development proposed so at this time, Planning Staff does not see that as being an issue. Mr. Waters stated that Mr. Swierczek has been very helpful on this project as well as everyone else from the City and different agencies. This project is pretty straight forward. They are going to be using the same access point for Lot 2 so no new access will be created. We will just create an easement across Lot 1. There have been utilities created for the building that they will address with utility easements that cross from Lot 2 to Lot 1. He thinks that there was some concern about the slope on the side of the stormwater pond that will be addressed to make sure that there is no conflict between the existing stormwater pond #2 and the property line. He thinks that those were the main concerns. Nothing has been proposed for development for Lot 2; they are just trying to create it at this time. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to approve SB-22-01 Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway: Minor Subdivision Plan based on the recommendations and findings of the DAC, the fact that any development will have to go through the appropriate development application review process, and that the Subdivision Plan generally appears to comply with the Land Subdivision Regulations, seconded by Mrs. Welsh and the motion was carried 8-0 by roll call vote. Mr. Hartman voting yes; based on the motion previously made. Mr. Baldwin voting yes; based on the previous statement. Dr. Jones voting yes; for the reasons stated in the motion. Mrs. Welsh voting yes; for reasons stated in the motion. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for the reasons stated in the motion. Mrs. Maucher voting yes; for reasons stated in the motion. C-22-01 Kind Kids Early Learning Center at 725 Walker Road - Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of a 4,729 SF Office Building into a Child Daycare Center to serve 63 children. The property consists of one parcel of land totaling 0.51 acres +/- (22,500 SF). The property for the proposed development is zoned C-1A (Limited Commercial Zone). The property is located on the north side of Walker Road west of Pat Lynn Drive. The Owner of Record is 725 Walker Road LLC. pending sale to Bluegrass Investments, LLC. Property Address: 725 Walker Road. Tax Parcel Number: ED-05-067.15-05-34.00-000. Council District 4. Waiver Request: Partial Elimination of Upright Curbing. Representatives: Ms. Stacey Flanagan and Mr. Mark Flanagan; Day Care Center operators, Ms. Jeanie Johnstone; Day Care manager; Mr. Michael Sollazzo; of William Byler Architect, Mr. Bill Rankin; Realtor _____________ 4

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 Ms. Bulkilvish stated that this is a Conditional Use Application for a large daycare center at 725 Walker Road. The property is zoned C-1A (Limited Commercial Zone). The property contains a 4,729 SF vacant building currently. The day care is proposing to inhabit the entire building. There is also parking facilities outside and a fenced-in rear portion. They are proposing to have 63 children and have a minimum of 7 adults. There is parking facilities located in the front of the building with 24 spaces which is more than enough to accommodate the children and adults. They are proposing 5 bicycle parking spaces at the front of the building. Some parking located at the front of the building will be relocated to address the need for a ten-foot perimeter access around the building. Those relocated spaces will be striped and the parking bumpers replaced. The site requires eight trees; there are seven existing and one proposed at the front left corner of the building. A new outdoor play area is shown to the left of the building and encroaches on an adjacent property. The adjacent property is; however, owned by the same property owner and a written agreement will have to be made between the lessee and the property owner. Trash collection will be private and stored at the rear of the building in that gated area. The applicant has also asked for a Waiver from the upright curbing requirements. Due to the existing conditions, placing curbing would interrupt the stormwater sheet flow off of the parking lot and cause some flooding in the parking area. Staff has approved that upright curbing waiver. Mr. Sollazzo stated that he has read Ms. Bulkilvish’s summary in the DAC Report and he found it quite thorough and he has nothing further to add. Mr. Hartman questioned what will be used to ensure that the play area remains a play area since it is on the adjacent property? Responding to Mr. Hartman, Mr. Sollazzo stated that the adjacent property is owned by the same owner. The owner is obviously very much behind this whole project and has verbally given us an agreement to use a portion of the property as shown on the plans, which will of course be fenced in. They are in the process of getting written documentation because the DAC Report has requested that and they have already put that into motion. He doesn’t know what the technical term for it will be. If it will be a deed restriction or something like that but there will be a written confirmation from the owner to allow the applicants to use that portion for their play area. Mr. Hartman stated that if the owner sells that property in the future, that agreement will still be in place. Responding to Mr. Hartman, Mr. Sollazzo stated that he can’t speak to that because he hasn’t seen the written document that he assumes is in the process of being prepared. He will say that there is another option to provide the play area on the side of the building and in the back of the building. The applicants, at this particular time, chose not to do that and this is what they want to do and the owner has said that was fine. If that were to change in the future, they do have room on the property for a sufficient sized play area along the side or back portion of this building. Mr. Hartman stated that that way it would not interfere with access for the Fire Department or any first responders. Responding to Mr. Hartman, Mr. Sollazzo stated that was correct. You can see by the dashed line, the area that is for the first responders which is either ten or fifteen feet around the building. They actually don’t need access around 100% of the building. You can see on the side where the play area is; they have access but it just doesn’t show it on the plan because they don’t need that much. In the back, there is an existing fence there right now but that could 5

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 all change in the future as they perhaps need to rearrange the play area to make a “L” shape along the side and rear of the building. Then they would obviously remove a portion of the fence that is now making a portion of the rear of the building a protected area. So they would simply rearrange that. Mr. Hartman stated that he wanted to get Mr. Sollazzo’s opinion of the Planning Staff’s recommendation to include a sidewalk between the building and gate to the play area. Responding to Mr. Hartman, Mr. Sollazzo stated that there is an existing one there and they are simply utilizing that. There is a side door to the building and there is an existing sidewalk. That is actually where you would enter the play area and then that sidewalk connects to the existing parking lot. So he doesn’t know if there is additional sidewalk that is required but he hasn’t starting working on affecting the comments to his drawings. Mr. Hartman asked if Planning Staff could provide an explanation as to the recommendation for the connectivity or the installation of sidewalk that is in the DAC Report. Responding to Mr. Hartman, Ms. Bulkilvish stated that she was just suggesting that they extend the sidewalk so that it meets the gates of the play area. Mr. Sollazzo stated that is very easily accomplished. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to approve C-22-01 Kind Kids Early Learning Center at 725 Walker Road on the condition that the required children’s play area is always provided and is safe for the children and he approves based on the recommendations of Planning Staff including that the location is near an elementary school and the new Dover Middle School that is under construction. The property is located centrally to several residential neighborhoods. The property is easily accessed by car on Walker Road and there is multi-modal access via sidewalks along Walker Road. The use will occupy an existing building which is currently vacant. Mrs. Maucher stated that she wasn’t sure if Mr. Hartman meant the play area that is proposed now or that some play area is provided. Responding to Mrs. Maucher, Mr. Hartman stated that he meant that the required play area square footage is provided in a safe place for the children. He is just concerned that if this play area is moved. He doesn’t think that they will cut corners but he doesn’t want that to be open to impact the safety of any children back there in that area. Mr. Baldwin seconded the motion and the motion was approved 8-0 by roll call vote. Mr. Hartman voting yes; based on what was stated in the motion. Mr. Baldwin voting yes. Dr. Jones voting yes; with the concerns that were raised by Mr. Hartman. Mrs. Welsh voting yes; for reasons stated and accordance with the location near the schools and it’s appropriate for a child care center that is needed in that area. Mrs. Malone voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons stated. He always likes to see day cares get into a close vicinity of schools and neighborhoods and they will be a welcomed address. Mrs. Maucher voting yes; for reasons previously stated. 6

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 Mrs. Melson-Williams stated that there was a response in the chat area from Ms. Jeanie Johnstone stating that she wanted to respond to a comment. Ms. Johnstone stated that in regards to the Office of Child Care Licensing, there are certain restrictions that they have to abide by prior to opening. The Office of Child Care Licensing will be monitoring this (facility) yearly. They do come out and do private and personal inspections that they do and don’t make them aware of. So there will always be someone kind of looking after the building and making sure that it is up to par with all inspections and qualifications regarding child care to make sure that the children are safe. Mrs. Melson-Williams stated that just so that the Commissioners are aware, there is a licensing procedure with the State Office of Child Care Licensing in addition to Public Occupancy and Business Licensing requirements with the City of Dover as well for child care day care centers. Mr. Hartman stated that he was just concerned because the applicant had a piece of property that was going to be used as a play area but there was no guarantee that that piece of property would always be available. Mr. Mark Flanagan stated that just in case there is any confusion, it will be privacy fenced off so the children will be safe while outside. The other thing is that both properties were purchased at the same time for the specific reasons of opening this center and expanding that center onto this property at a later time. The property that we are encroaching on, they were both bought at the same time for the purpose of opening this center. Mr. Hartman stated that he is just concerned that that property might be used for some other purpose in the future. Responding to Mr. Hartman, Mr. Flanagan stated that their lease actually includes that property. Mr. Hartman questioned what that means. Responding to Mr. Hartman, Mr. Flanagan stated that they lease it all from the owner. He purchased it for us to lease off of him to open this center. Mr. Hartman stated that as long as the lease is valid, you will have access to that part of the property even if that owner sells it. Responding to Mr. Hartman, Mr. Flanagan stated that obviously things can happen but that is not the plan. Mrs. Maucher stated that Mr. Sollazzo stated that there was a Plan B should something happen to that current proposed area. There is a backup plan to use the property in the rear of the building should something happen; so, that is why she asked for clarification earlier. NEW BUSINESS Report on 2021 Application Tallies Mrs. Melson-Williams stated that Planning Staff again put together the tally at the end of the year. The chart here gives a summary of all the application types that were typically processed for our Boards and Commissions dating back to 2006. There is a break down by quarter for the 7

CITY OF DOVER PLANNING COMMISSION JANUARY 18, 2022 last two years. You can see that in 2021 we have had a slight rebound in the number of applications that our various Boards and Commissions have been addressing. They continue to be very active even through the COVID-19 pandemic years. There was a total of 59 applications over calendar year 2021. Not all of them were seen by this body and she would remind the Commission that just because an application appeared for you in a certain calendar year, doesn’t mean that Staff is done dealing with it. When the Commission adopts/approves an application, it does have a period of two years to finalize and get started underway. We are still dealing with projects from 2019 that have finalized their plans or are in the process thereof or they have gotten a one-year extension and are under or are soon to be under construction. Next month they may be close to having our Annual Report for 2021 and that will have the full list of the kinds of application details for 2021. You know that Annexations, Conditional Uses and most Site Plans come to you. There are some that qualify for just Administrative Review. Subdivisions come to you and Rezoning applications too. Some of the miscellaneous types of applications appear before you. Mrs. Maucher questioned what would fall under Miscellaneous applications? Responding to Mrs. Maucher, Mrs. Melson-Williams stated that in 2021 it included our Comprehensive Rezoning Project and Comprehensive Plan Amendments. Text Amendments also get placed with that application type. It also may be just information tracking. If there is a particular study that is going on, they assign it an application number so that they can find all of the details of that study in the future. Mrs. Maucher questioned what falls under the Historic District Commission? Responding to Mrs. Maucher, Mrs. Melson-Williams stated that the Historic District Commission are applications that are referred to the Historic District Commission. In the case of the six that they dealt with this year, a majority of them were what they call a Referral of a Permit to the Historic District Commission. Activities affecting the exterior of properties in the City’s Historic District are subject to Architectural Review Certification. For most projects, that is something that can be reviewed by Staff. However, if it is a project that is slightly unusual or they are seeking to implement a project that doesn’t quite fit the Design Standards and Guidelines for the City of Dover Historic District Zone, the Permit can be referred to the Historic District Commission for their review and input on that Architectural Review Certification. She thinks that there is maybe one of the six that was actually a true application to the Commission that involved a parking lot. A majority of them were related to Permit Referrals. There was a Permit on drainage, at least one on fencing, and on signage. Meeting adjourned at 8:10 PM. Sincerely, Kristen Mullaney Secretary 8