Planning Commission Packet Document

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, September 19, 2022 at 7:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. IN-PERSON & VIRTUAL MEETING NOTICE The Planning Commission Meeting for September 19, 2022 will be held as an In-Person Meeting at City Hall. The public is welcome to attend in person. The meeting will also be provided as a Virtual Meeting using WebEx audio/visual conferencing system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of September 19, 2022 Dial: 1-650-479-3208 Event number/Access code: 2538 678 0892 Event password: DoverPC Event Address: https://bit.ly/PCMeeting9192022 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA 1. Rezoning Application Z-22-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street will not be heard by the Planning Commission on September 19, 2022 due to incomplete public notice. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. 1

PLANNING COMMISSION - September 19, 2022 PAGE 2 APPROVAL OF MINUTES 2. Adoption of the Minutes of August 15, 2022 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is set for October 17, 2022 Update on City Council Actions Department of Planning & Inspections Updates Education & Training Opportunities 3. American Planning Association (APA) Delaware: 2022 Fall Conference - Wednesday & Thursday, October 5 & 6, 2022 OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval NEW APPLICATIONS 4. C-22-03 Lands of Chiang & Sons Properties LLC: Office/Retail and Apartments at 1241 College Park Drive – Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of an existing two-story 11,700 SF Building to serve as Office/ Retail on the first floor and Apartments (9 units) on the second floor. The project also includes building additions for stair towers and a laundry room. The property consists of one parcel of land totaling 1.102 acres +/- (48,021 SF). The property for the proposed development is zoned C-PO (Commercial and Professional Office Zone). The property is located on the east side of College Park Drive, north of College Road. The owner of record is Chiang & Sons Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel Number: ED-05-067.00-02-12.08-000. Council District 4. 5. SB-22-04 Lands of Wilson at 838 Forest Street: Minor Subdivision Plan – Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of 23,648 SF +/- (0.5429 acres +/-) into two (2) parcels. Lot 1 (Residual) is to be 11,792 SF (0.2707 acres+/-) and is the northern portion of the existing parcel containing the existing single family dwelling with frontage on Forest Street. Lot 2 is to be 11,865 SF (0.2722 acres+/-) and is the southern portion of the existing parcel with frontage on Lincoln Street containing no development. The subject property is located on the south side of Forest Street across from the southern terminus of Weston Drive. The property is zoned RG-1 (General Residence Zone) with the northern portion of the property is subject to the COZ-1 (Corridor Overlay Zone). The owners of record are William T. and Iris O. Wilson. Property Address: 838 Forest Street. Tax Parcel Number: ED-05-076.12-01-31.00-000. Council District 4. 6. Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue – Public Hearing and Review for Recommendation to City Council for a rezoning application for part of a parcel of land consisting of 25 acres (overall existing parcel is 75.521 acres +/-). The 2

PLANNING COMMISSION - September 19, 2022 PAGE 3 property is zoned R-10 (One-Family Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning for the 25 acres is RM-2 (Medium Density Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side Forrest Avenue west of Dover High Drive. The owner of record is Calvary Baptist Church of Dover. The equitable owner is Leander Lakes III, LLC. Property Address: 2285 Forrest Avenue. Tax Parcel: Part of ED-05-075.00-01-06.00-000. Council District 1. Ordinance #2022-11. This property was subject to Conditional Use Site Plan Application C-19-06 which received Conditional Approval by the Planning Commission at their July 2019 meeting, and Final Plan Approval in December 2021. NEW BUSINESS 7. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Update on Design Professionals ADJOURN Posted Agenda: September 9, 2022 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 2. CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 The Meeting of the City of Dover Planning Commission was held on Monday, August 15, 2022 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper, Mr. Roach, Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher. Staff members present were Mrs. Dawn Melson-Williams, Mr. Julian Swierczek and Mrs. Kristen Mullaney. Also present was Mr. John Lombardo and Ms. Kestra Kelly (virtual). APPROVAL OF AGENDA Mrs. Welsh moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion was unanimously carried 9-0. APPROVAL OF MEETING MINUTES OF JUNE 21, 2022 Mr. Baldwin moved to approve the Planning Commission Meeting Minutes of June 21, 2022, seconded by Dr. Jones and the motion was unanimously carried 8-0 with Mrs. Maucher abstaining from the vote because she was absent from the June meeting. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that they welcome the new City Planner Mrs. Mary Ellen Gray who is AICP certified which is the American Institute of Certified Planners. She is now part of the City of Dover Staff as the Director of Planning, Inspections and Community Development. She joined us back on July 18, 2022 and the Commission did not have any agenda items that evening so there was no meeting held. Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, September 19, 2022 at 7:00PM in the City Hall Council Chambers. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on June 27 & 28, 2022, July 11 & 12, 2022, July 25 & 26, 2022 and August 8 & 9, 2022. Mrs. Melson-Williams stated that the key update for the Planning Office is that they now have a Director Mrs. Mary Ellen Gray; and hopefully, she will have the opportunity to join us at some point this evening so that the Commission has the opportunity to meet her. In other staffing news, we have two positions in our Department that are posted. We are looking for a new Planner and also a Code Enforcement Inspector. See the City’s website for information on both of those positions as well as others at the City. Mrs. Melson-Williams stated that City Hall is in the middle of a HVAC project that will continue into the month of September. So that’s why she said that will play-it-by-ear as to what meeting room we are able to utilize. 1 4

CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 Item 2. Mrs. Melson-Williams stated that included in the packet was a letter from Pennoni & Associates regarding the Subdivision Waiver Request for Site Plan S-22-04 Raymond Street and Railroad Avenue: Street Improvements Project. It’s a letter dated August 7, 2022. With their submission to the City, they asked that it be forwarded to the Planning Commission. At this point, the Commission has actually dispensed with the Site Plan that it’s referring to and made your recommendations on the Subdivision Waivers. It went through the review over the last few months with City Council first at their Safety Advisory & Transportation Committee and then at City Council on August 8, 2022. By their consent agenda, they adopted the Safety Advisory & Transportation Committee’s motion which was a failure of the motion so it was by default, a denial of the subdivision waiver. Planning Staff has been working with the applicant and will continue to do so as they make decisions on their path forward. Mr. Hartman asked if it was denied because of the right-of-way width. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the motion that the Safety Advisory & Transportation Committee put forth was to basically accept the sidewalk waiver where they wanted relief from putting sidewalk on one side of Railroad Avenue and to grant relief to the length of cul-de-sac to allow it to be more than 400 feet. The motion did not support approval of the reduction in the right-of-way width. That was the motion of the Committee; however, the vote was unsuccessful in that it was 1 in favor and 6 opposed. The motion failed and there was no other subsequent motion made. That was the motion that came out of Committee and Council did nothing to the alternative at this point. Mr. Hartman asked if the project is still a go. Responding to Mr. Hartman, Mrs. Melson- Williams stated that she believes they are evaluating that. Basically, what it means is that they will have to comply with the provisions of the Code which would mean building sidewalks on both sides of the street. They can provide the necessary right-of-width in front of their property that they control. The Waiver really was addressing a non-conforming status of a different section of the road and then for the length of cul-de-sac, they would be limited to 400 feet. There probably is a way to still have a project; it just will involve some redesign. Mr. Hartman asked what the answer would be to the 35-foot right-of-way width. If they don’t own the property, what can the City do and what can the owner do? Responding to Mr. Hartman, Mrs. Melson-Williams stated that regarding the lack of right-of-way that is actually part of Raymond Street where the 60-foot right-of-way cannot be achieved. It is an existing condition. It would continue as that nonconforming condition at a 35-foot width. However, where their property is they have the ability to grant additional right-of-way dedication. They will be required to do so and they were planning to do that anyway. Mr. Hartman asked if that was in the August 2, 2022 letter that they had planned on expanding the right-of-way to meet the Code except for the property that they don’t own. Responding to Mr. Hartman, Mrs. Melson-Williams yes. Mrs. Denney stated that essentially that was grandfathered in as conforming; so, they are up against that situation. Mr. Hartman stated that the dead-ends restriction is to 400 feet. To extend it to 700 feet, there is 2 5

CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 Item 2. nothing back there, so he doesn’t understand their concern. Responding to Mr. Hartman, Mrs. Melson-Williams stated that it’s not real clear in the record specifically. There was a lot of concern in general about development in that area from a number of adjacent property owners. Mr. Hartman stated that the Fire Marshal was concerned about the cul-de-sac being big enough to accommodate emergency vehicles turning around and he thinks that they answered that. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- Person Meeting and Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None 2) Update on Revisions to Applications: S-21-10 Modwash: Car Wash at 1414 N DuPont Highway – Update to Planning Commission on Design Revisions to Site Development Plan Application S-21-10 to Modwash at 1414 N DuPont Highway. This Application was initially approved for the construction of a 4,660 SF Car Wash facility and associated site improvements. The property consists of 1.93 acres (83,999 SF) and is located on the west side of North DuPont Highway, south of Rustic Lane. The property is zoned C-4 (Highway Commercial Zone) and is subject to SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent Recharge Area. The owner of record is Dover Millex II, LLC and the developer is Hutton Build (Ray Garganio). Property Address: 1414 N DuPont Highway. Tax Parcel Number: ED-05-057.00-01-17.00-000. Council District 4. This application received conditional approval by the Planning Commission in November 2021. Representatives: Mr. John Lombardo, Hutton Build/Modwash; Ms. Kestra Kelly, BL Companies Mr. Swierczek stated that as noted, this is an update to the members of the Planning Commission about revisions to the already approved Site Plan for application S-21-10 Modwash Car Wash at 1414 N. DuPont Highway. This is an application that originally came before the Planning Commission on November 15, 2021 and received conditional approval. It is an application for a 4,660 SF car wash facility and associated site improvements. The Planning Office noted in the Memorandums included in the packet that the applicants have been working diligently with Planning Staff and other agencies in going through the Check Print Review Process. In this process however, DelDOT had some concerns about the entrance and made a request that the Site Plan be revised. As such, the original design layout for the site had the entrance off of North DuPont Highway towards the north of the site. Then with the requested revision per DelDOT’s comments, the applicant has revised to move the main entrance to the site to the south-eastern end of the frontage on North DuPont Highway. There is no major change to impervious coverage. There is no alteration to the size of the building or the number of parking spaces. They noted to the applicant that it should be brought to the attention of the Planning Commission merely as a courtesy. It does not necessarily require action by the Planning Commission. It is 3 6

CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 Item 2. merely for your benefit to keep you apprised of the revised plans and the ongoing Check Print process. Mr. Lombardo stated that he is the project manager for the developer. He is here to address any questions. Ms. Kelly stated that she can lend a little bit of light onto the delay. They have been working diligently on this process. As part of our initial application to DelDOT, they were adamant that they (the applicant) put in a right turn lane. That was not so much because of the traffic generated from the site itself, but more just for traffic that exists on North DuPont Highway. So initially, they were going to keep the Site Plan the same and install a right turn lane in front of our site as well as the adjacent site which is a current hotel. Through our design process and due diligence, there is not adequate existing right-of-way in front of the hotel to allow for the turn lane. So, they went through some period of time where they attempted to obtain that right-of-way from the hotel parcel. The applicant even offered to buy but they were not able to obtain that. They went back to DelDOT and they were still adamant that they do the turn lane. So, that necessitated the shift to the location of our entrance so that we are able to get a maximum amount of turn lane along our frontage in the right-of-way that we have access to. That is what is really the main change and we have gotten through DelDOT; and they are comfortable with this layout. They are comfortable with the turn lane and the entrance location. Mr. Swierczek did a good job of explaining that. The site has kind of mirror-imaged on itself. A couple of small updates just for the Modwash standards but really no significant changes on site in terms of impervious coverage and parking. They did take all of the comments that they receive before and we have incorporated those into these plans. Our intent is to hopefully move forward in this process. We have our application back in to DelDOT and we have an application in to the City with the Revised Plans. They will address any comments that they receive and work through those approval processes. NEW APPLICATIONS - None NEW BUSINESS Nomination and Election of Officers (Chairman and Vice-Chairman) due to Annual Meeting of Planning Commission Mrs. Melson-Williams stated to help the Commission understand the election process, they included a copy of the By-laws of the Planning Commission. The election of Officers is supposed to happen at your Annual Meeting which is normally in July but since you did not meet in July, it is going to happen in August this year. The election of Officers is described by the By- Laws to be held by a secret ballot. If you feel comfortable enough, you can certainly make a motion to dispense with that and we can do it by voice vote. Staff is prepared if you need to do it by secret ballot. The Chair and Vice-Chair are limited to being in that position for four consecutive one-year terms. She can report that Mrs. Maucher is eligible to continue as the Chair having only served two years of four years. Mr. Hartman as the Vice-Chair is just finishing a one-year term in that position. Typically, our election process works just like making motions. You can make a motion to nominate individuals for the position of Chair and then we can close 4 7

CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 Item 2. nominations and then vote. She would suggest that if you want to dispense with the secret ballot method of voting, that you take care of that first and be able to move forward with your election process. Mr. Roach moved to dispense with the secret ballot vote and move to voice vote for all elections, seconded by Dr. Jones and the motion carried 9-0 by voice vote. Mr. Roach stated that he appreciates everything that our Chair and Vice-Chair have done over these past two years, and he would like to see them continue in their seats a lead us to the future of the promise land. Mr. Roach moved to have current Chair and Vice-Chair continue in their positions, seconded by Dr. Jones and the motion carried 9-0 by voice vote. Andrea Maucher was elected Chair and Robert Hartman was elected Vice-Chair. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) Mrs. Melson-Williams stated that included in the packet is a one-page sheet that gives the Code excerpt for the portion of the Zoning Ordinance that describes the Architectural Review Oversight Subcommittee. That Subcommittee may have from time to time, projects referred to it so that additional consideration of that property’s architecture can happen. The Code prescribes the membership of that Subcommittee to be as follows: two members of the Planning Commission, two design professionals and then the Mayor or his designee would serve. What we have done in the past is outlined here on the sheet. Currently, Kathleen Welsh and Kenneth Roach are the two Planning Commission members appointed to that Subcommittee. You can certainly see if there are other volunteers for those positions and then we can talk about the design professional members of the Subcommittee. Mr. Baldwin moved to recommend that Mrs. Welsh and Mr. Roach continue to serve on the Architectural Review Oversight Subcommittee as the Planning Commission members, seconded by Mrs. Denney and the motion was carried 9-0 by voice vote. Mrs. Melson-Williams stated that the next positions are the appointments of two design professional members to that Subcommittee. In the past, Dr. RJ Chandler who was at the time, a faculty member of the Architecture Program at Del-Tech and then Ms. Sarah Kieffer who is the Director of Planning Services for Kent County have served. We are certainly welcome to other design professionals. They do have to reside in the City of Dover or you can direct Staff to see these current members are interested in continuing to serve. Mr. Roach moved to have Staff reach out to the current design professionals, Dr. RJ Chandler and Ms. Sarah Kieffer to see if they are interested in continuing to serve on the Architectural Review Oversight Subcommittee, seconded by Mr. Cooper and the motion was carried 9-0 by voice vote. Meeting adjourned at 7:43 PM and Planning Commissioners participated in a meet & 5 8

CITY OF DOVER PLANNING COMMISSION AUGUST 15, 2022 Item 2. greet activity with new Planning Director Mary Ellen Gray. Sincerely, Kristen Mullaney Secretary 6 9

Item 3. American Planning Association D e l a w a re C h a p t e r Creating Great Communities for All APA Delaware 2022 Fall Conference Wednesday & Thursday, October 5 & 6, 2022 9:00 AM - 1:30 PM On-line ZOOM Meeting Wednesday Sessions Thursday Sessions 9:00 - 9:30 Keynote: Angela D. Brooks, FAICP 9:00 – 9:45 Delaware’s Climate APA President Elect Action Plan -- Opportunities for Local Governments 9:45 – 11:00 Lessons Learned: Public Engagement for Climate Resiliency in Lewes, DE 9:30 – 11:00 Planning for Healthy Communities: Bringing 11:00 12:10 Land-Use Planning and the Southbridge Neighborhood Conservation: Effective BMPs for Action Plan to Life Maintaining and Improving Water Quality 11:00 – 12:10 Neighborhood Planning & Health 12:10-1:30 Planning Ethics: What’s New in 2022 and Perspectives 12:10 – 1:30 No Person Left for Public and Private Sector Behind: Truly Inclusive Design Planners Speaker information and registration at delawareapa.org Registration Rates (Credit Card Only) Co-Sponsor APA and APHA Members: $20.00 Non-members: $30.00 Full-time Students: $10.00 Proceeds benefit the APA & APHA Foundations 10 CM credits available for all sessions