Planning Commission Meeting Agenda

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, December 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 December 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 December 19, 2022 Dial: 1-650-479-3208 Event number/Access code: 2533 087 3623 Event password: DoverPC Event Address: https://bit.ly/PCMeeting121922 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 APPROVAL OF MINUTES 1. Adoption of the Minutes of November 21, 2022 COMMUNICATIONS & REPORTS

PLANNING COMMISSION - December 19, 2022 PAGE 2 Meeting Reminder: The next Planning Commission regular meeting date January 17, 2023 at 7:00 PM Update on City Council Actions Department of Planning & Inspections Updates 2. Schedule of Deadlines and Meeting Dates for 2023 Education and Training Opportunities 3. University of Delaware - Institute for Public Administration presents two opportunities for training via Zoom!  January 18, 2023 at 10:00 A.M. - Planning 101: Planning Your Community Future  February 8, 2023 at 10:00 A.M. - Introduction to Land-Use Law, the Constitution, and Takings OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval NEW APPLICATIONS 4. AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for recommendation to City Council for three parcels of land totaling 40.1157 +/- acres located on the north side of West Denneys Road. Parcel A: The parcel consists of 27.5834 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are George L. Craig Jr. and Deborah J. Craig. Property Address: 57 Rocky Road. Tax Parcel: ED-00-056.00-01- 40.00-000. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel B: The parcel consists of 10.5661 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owners are Robert G. Keller and Gloria K. Keller. Property Address: 4085 W. Denneys Road. Tax Parcel: ED-00-056.00-01- 41.00-000. The property is currently zoned RM (Multifamily Residential District) in Kent County. The proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). Parcel C: The parcel consists of 1.9662 +/- acres located on the north side of West Denneys Road and west of Carlisle Drive. The owner is Bruce A. Burkett. Property Address: unaddressed parcel on W. Denneys Road. Tax Parcel: ED-00-056.00-01- 42.00-000. The property is currently zoned AR (Agricultural Residential District). The proposed Zoning is RM-2 (Medium Density Residence Zone). The annexation category for the three parcels according to Dover’s 2019 Comprehensive Plan is Category 2: Priority Annexation Areas and the land use designation is Residential Medium Density. Proposed Council District 1. Ordinance #2022-25. The First Reading of this

PLANNING COMMISSION - December 19, 2022 PAGE 3 Annexation Request was held on November 14, 2022. Public Hearing before the Planning Commission is scheduled for December 19, 2022 and City Council on January 9, 2023. 5. S-22-14 Commerce Way Dover DE LLC Warehouse on Commerce Way – Public Hearing and Review of a Site Development Plan to permit construction of a 234,000 SF +/- warehouse and associated site improvements on Commerce Way. The property is zoned IPM (Industrial Park Manufacturing Zone). The property is located on the northwest side of Commerce Way, north of W. North Street. The owner of record is H & M Properties, LLC. The Equitable Owner is Commerce Way Dover DE, LLC. Property Address: 22.967-acre unaddressed parcel on Commerce Way. Tax Parcel: ED-05-076.10-02-07.03-000. Council District 1. PLUS #2022-09- 05. This site was subject to MI-19-02: Comprehensive Plan Amendment 2019, and the Rezoning application Z-19-01: Lands of H&M Properties on Commerce Way which was approved in March 2019. Waiver Request: Partial Elimination of the Fence Component of the Opaque Barrier. For Consideration: Performance Standards Review. 6. S-22-16 Retail Store at 293 South Saulsbury Road – Public Hearing and Review of a Site Development Plan to permit construction of a 9,100 SF, one-story retail building and associated site improvements. The proposed development is to be located on the undeveloped northern portion of the parcel already containing a retail building (convenience store) and associated fuel pumps (Royal Farms). The property is zoned C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the east side of South Saulsbury Road and north of W. North Street. The owner of record is West Dover Roadway, LLC. Property Address: 293 S. Saulsbury Road. Tax Parcel: ED-05-076.11-01-43.00-000. Council District 4. For Consideration: COZ-1 Superior Urban Design. This site was subject to Conditional Use Site Plan Application C-11-05 Royal Farms and Bank at 293 Saulsbury Road reviewed by Planning Commission in November 2011 with its Final Plan approval issued in February 2012. 7. MI-22-05 Text Amendment: IPM-2 (Industrial Park and Manufacturing Zone) - Public Hearing and Review for Recommendation to City Council of a Text Amendment to the Zoning Ordinance, Article 3 – District Regulations, Section 20A – Industrial Park Manufacturing Zone – Business and Technology Center (IPM-2), Section 20A and Article 12 – Definitions to include Vocational education facility. The proposed Ordinance outlines additional permitted land uses within the IPM-2 Zone to include printing, publishing, binding, and packaging, as well as various accessory uses. The Ordinance proposes adding several Conditional Uses to include Building contractor’s yard with restrictions; Vocational education facilities; Associated retail uses in conjunction with and accessory to a permitted use with restrictions; Craft distilleries and microbreweries with restrictions. The proposed Ordinance adds a purpose statement and includes guidelines and performance standards for the regulation of the above. Ordinance #2022-21. First Reading was held by City Council on November 28, 2022 where the Public Hearing dates were set for Planning Commission on December 19, 2022 and City Council on January 9, 2023. NEW BUSINESS ADJOURN Posted Agenda: December 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