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CITY OF DOVER PLANNING COMMISSION
June 15, 2026
The Meeting of the City of Dover Planning Commission was held on Monday, June 15, 2026, at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system Webex.
The Meeting Session was conducted with Chairman Mr. Witham presiding. Members present
were Mr. Lewis, Mr. Roach (virtual), Mrs. Denney, Mrs. Maucher (virtual), Dr. Jones, Mrs.
Welsh, Mr. Reaves (virtual) and Mr. Witham. Mr. Baldwin was absent.
Staff members present were Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mrs. Sierra Brown,
Mr. Alex Dewey (observing from the audience) and Mrs. Kristen Mullaney.
APPROVAL OF AGENDA
Dr. Jones moved to approve the Agenda as presented, seconded by Mrs. Welsh and the motion
was carried 8-0 by voice vote with Mr. Baldwin absent.
APPROVAL OF MEETING MINUTES OF MAY 18, 2026
Mr. Lewis stated that he had one quick edit to the Meeting Minutes of May 18, 2026. On Page 24
in the first paragraph, the sentence states “Mr. Lewis state that vacant doesn’t necessarily mean if
failed.”, but it should state “Mr. Lewis stated that vacant doesn’t necessarily mean available.”
Mrs. Denney moved to approve the Planning Commission Meeting Minutes from May 18, 2026
including the edit from Mr. Lewis, seconded by Mrs. Denney and the motion was carried 8-0 by
voice vote with Mr. Baldwin absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, July 20, 2026 at 7PM in the City Hall Council Chambers.
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on May 19 & 20, 2026 and June 8 & 9, 2026.
Mrs. Melson-Williams stated that as noted earlier, we have filled one of our planning positions;
our Planner I position. Mr. Alex Dewey has joined us. He is a recent graduate from the
University of Delaware with his Masters and is certainly excited about learning more about how
the Commission does things. You will hear from him in the future as he gets projects assigned to
him.
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
Requests for Extensions of Planning Commission Approval: none
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NEW APPLICATIONS
S-26-11 Delaware State University Football Stadium Plaza at 1200 N DuPont Hwy – Public
Hearing and Review of a Site Development Plan for a new 53,370 SF +/- Building with Stadium
Plaza Complex and the associated site improvements. The project site will redevelop the south
side (home stands) area at the football stadium located on the Delaware State University main
campus. The property is zoned IO (Institutional and Office Zone) and also subject to the SWPOZ
(Source Water Protection Overlay Zone): Tier 3 Excellent Recharge Area. Property Address:
1200 N. DuPont Highway. Tax Parcel: ED-05-057.00-01-21.00-000. Council District 4.
Representatives: Ms. Dana Dunphy, Wallace Montgomery; Mr. Khalid Zerrad, Delaware State
University
Mrs. Melson-Williams stated that this is the Delaware State University Football Stadium Plaza
project. It is a Site Plan Application and it is located on the main campus of Delaware State
University. The property has a zoning of IO (Institutional and Office Zone) and is also subject to
the SWPOZ (Source Water Protection Overlay Zone): Tier 3 Excellent Recharge Area. The slide
on the screen shows us that we are dealing with the area that is on the south side of the main
Alumni Stadium area. The building that is proposed will provide a number of uses related to the
stadium, from locker rooms to reception areas and other meeting space. It creates an entry plaza.
It does while displacing a number of parking spaces, also actually create a series of parking for
handicap accessible parking directly adjacent to the building. In all, this is a four story building
that is proposed in multiple pieces and she will let the applicant describe that more fully. The IO
(Institutional and Office Zone) allows for colleges and universities and this is clearly associated
with that function. The property is subject to the SWPOZ (Source Water Protection Overlay
Zone). Pretty much all of the campus falls within the Tier 3 which is the Excellent Recharge
Area. As part of that, there are limitations on the amount of impervious surface coverage for
projects. Redevelopment actually calls for a reduction in impervious surface to get it into the
levels prescribed by the SWPOZ (Source Water Protection Overlay Zone). With this initial plan
submission, we’ve been working with the applicant to address those requirements. We have been
crunching some numbers and she is sure they have done a little bit more of that to try to reach
those impervious surface limitations and reduction thresholds. We will continue to evaluate that
throughout the process. If ultimately they cannot comply with those Source Water Protection
Overlay requirements, they may have to seek a variance from the Board of Adjustment. They are
working through their stormwater management review process with DNREC and hope to have a
resolution to that. Related to parking for this project, the Delaware State University Campus has
an overall centralized parking plan. With the removal of parking spaces, it will take some of the
surplus from that designated parking space area, but in general, it is deemed as compliant for
those provisions. The project also has requirements for bicycle parking. There are sidewalks
along the Route 13 frontage of the overall property and then also as part of the campus
circulation plan here. The project includes dumpster requirements. Then from a landscaping
perspective, there are a couple of things. There is an Arterial Street Buffer of 30 feet. The next
slide shows where it is directly adjacent to Route 13; that is where an Arterial Street Buffer of 30
feet which is meant to be a landscaped area. They are retaining that and where part of their
pavement was encroaching in that area, their plan is being revised. From a tree planting
perspective, they are required to have trees based on a development area that's been identified.
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This would have them planting a total of the 58 trees that would be required. Their proposal is
hoping to plant 84 trees, 39 of which are within the site development area and the additional 45
are in the immediate vicinity, but in other general areas of the campus near the stadium. The
project also submitted a series of renderings and exterior elevations of the project, a couple of
astrometrics and then some elevation drawings. The Planning Office reviewed the plans and has
noted a number of comments in the Report. The two key ones that I really want to highlight is
there was some question about building height from their architecture. Their zero started at 100.
So, the overall height is not a 166 feet. It is more like 66 feet when 100 is zero. As noted
previously, we continue to work with them for compliance on the Source Water Protection
Overlay Zone. We did identify several recommendations. One, to ensure that bicycle parking is
provided near any student designated entry to the stadium area here that we're talking about. The
Planning Staff recommends the acceptance of the tree planting scenario that places a certain
amount of the trees within the site development area that's designated, but then also to recognize
those that are planted near immediate areas of the campus. The DAC Report continues with the
comments from the other regulatory agencies including the Department of Water/Wastewater and
Public Works for the City: the City's Electric Department, which notes about electric service
planning; and The Office of the Fire Marshal, which they continue to work with on the fire
protection site related measures. From DelDOT, they do have a letter in hand already; a Letter of
No Contention regarding that. They will be working with DNREC regarding their stormwater
management plan. The MPO also provided some basic comments as well, focused on pedestrian
and bicycling in this general area. So tonight Planning Commissioners, you are looking at a Site
Development Plan and there are no waivers to be considered. I will just note that we continue to
work with the applicant regarding compliance on the Source Water Protection Overlay Zone and
impervious surface coverage.
Ms. Dunphy that this project consists of two phases. Basically, the first phase would be the
demolition of the existing structures, parking, sidewalks, and the grandstand. That all will be
done under a separate contract, but there will be utility relocations as well. For the phase two,
what we're representing this evening would be the construction of the 53,370 SF multi-story
complex. As Mrs. Melson-Williams mentioned, there are different structures to this. So if you are
looking at this as Plan North, on Plan East there is a larger structure. That's going to be basically
the locker rooms, office spaces, and training. Then Plan West would be reception. It’s a two story
structure as well as the east side is a two story structure. If you see the dashed line area, that
portion of the structure is three and four stories where the fourth story would be for VIP and
press as well. We are proposing new sidewalks, and as Mrs. Melson-Williams mentioned as well,
the handicap parking in front the building. We are working with the landscape architect who's
designing the paved areas in the site to look at pervious pavement so that we are able to meet the
Source Water Protection Overlay area. As Mrs. Melson-Williams mentioned, we are still working
with the Fire Marshal and the fire lane situation. We did receive today the specifications for their
ladder truck that we're going to use to run a turning template to ensure that our fire lane will
work and the perimeter access as well. We do have a loading area on Plan East as the larger
paved section along Route 13 and we are providing accessible parking spaces with pedestrian
access and dedicated dumpster as well as bike parking. These are just two renderings of what the
new building will look like when you are standing in the front of the entrance and then if you're
on the visitor side, what you'll see when you’re looking towards the new stadium/grandstand
area.
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Mr. Witham stated that he would note that there's no renovation on the visitors side. So the
visitors have to eat dust apparently. Responding to Mr. Witham, Mr. Zerrad stated that the
visitors already have a better seating area.
Mr. Lewis stated that was correct; it was renovated ten or fifteen years ago.
Mr. Witham stated that he takes it that there is going to be a partial demolition of the current
facilities onsite and then there will be an installation of the new visitor’s center and its associated
work around the site. Responding to Mr. Witham, Mr. Zerrad stated that is correct.
Mr. Witham asked if there was going to be complete access to the area by sidewalks for the
students and visitors. Responding to Mr. Witham, Mr. Zerrad stated that is correct.
Mr. Witham asked if there was any change in your lighting system at the site because he didn’t
hear any comments about lighting. Responding to Mr. Witham, Mrs. Melson-Williams stated that
any parking areas by Code have to obtain a certain level of foot candles, and then I would
imagine that the stadium itself has lighting and our Code has other provisions that should limit
any kind of light pollution issues beyond their property.
Ms. Dunphy stated yes, there is lighting design that's taking place now and will be provided to
the City once it’s complete.
Mr. Witham opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mrs. Welsh moved to approve S-26-11 Delaware State University Football Stadium Plaza at
1200 N DuPont Hwy, seconded by Mrs. Denney.
Mr. Witham asked if the motion included being subject to compliance with the SWPOZ (Source
Water Protection Overlay Zone). Responding to Mr. Witham, Mrs. Welsh stated yes and subject
to the DAC comments.
Mrs. Welsh moved to approve S-26-11 Delaware State University Football Stadium Plaza at
1200 N DuPont Hwy to include being subject to compliance with the SWPOZ (Source Water
Protection Overlay Zone) and subject to the DAC comments, seconded by Mrs. Denney and the
motion was carried 8-0 by roll call vote with Mr. Baldwin absent. Mrs. Welsh voting yes, it’s a
good project and the building it very attractive so she is looking forward to seeing that out there.
It will be a different view driving down the road. Mr. Lewis voting yes; it is fair to say that
college football is one of the most rapidly changing industries in the Country right now and
Delaware State University improved by leaps and bounds in their record last year. The old
saying is, you have to strike while the iron is hot and this has been badly needed out there for at
least a couple of decades now. Mr. Roach voting yes; he has been a fan of Delaware State
University his whole life so just to see that they are doing some things to improve is amazing to
him. Mrs. Denney voting yes; she thinks it’s exciting, she thinks it’s about time, and there is
nothing like a chilly, cool, breezy football day at Delaware State University. Mrs. Maucher
voting yes; based on DAC comments and as a life-long resident of Dover, Delaware, she thinks
it’s a good project and it will be nice to see it finally come to fruition. Dr. Jones voting yes; for
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reasons previously stated. Mr. Reaves voting yes; for reasons previously stated. Mr. Witham
voting yes; it’s an excellent project and well presented. The plans look very well prepared; it’s an
improvement to the university and he hopes it helps encourage their success in the future.
SB-26-02 Bay Village Residential Planned Neighborhood Design: Subdivision Plan - Public
Hearing and Review of Preliminary Subdivision Plan for Bay Village Residential Planned
Neighborhood Design Application. The property is 79.14 acres of land east of State Route 1 on
the south side of White Oak Road and located south of the Garrison Oak Business and
Technology Center. The property is currently zoned RM-2 (Medium Density Residence Zone)
and subject to the Source Water Protection Overlay Zone (SWPOZ): Tier 2 Primary Wellhead
Protection Area. The Preliminary Subdivision application is for 250 townhouse lots and a lot for
a future apartment complex development area with associated infrastructure and improvements.
The property owner is Bay Village of Dover LLC. Address: South side of White Oak Road. Tax
Parcel: LC05-068.00-01-06.00-000. Council District 3. PLUS Review #2024-02-03. Waiver
Request: Elimination of Rear Alley for Lots 1-20. Associated Applications: MI-26-03 Bay Village
Residential Concept Sketch Plan was presented to City Council in February 2026 with referral
to the Planning Commission. C-26-02 Conditional Use/Master Plan for PND was conditionally
approved by the Planning Commission on April 20, 2026; this included approval of the Active
Recreation Plan and Alternative Design Standards for PND for Lot Width and Lot Area.
Representative: Mr. James Taylor, Verdantas
Mrs. Melson-Williams stated that this is Bay Village Planned Neighborhood Design (PND). It
was most recently here at the Planning Commission in April for what was review of a
Conceptual Plan for the Planned Neighborhood Design; it's a Conditional Use step of that review
process. Tonight, we are focusing on the Subdivision Plan for the development. The property, as
shown on screen, is located on the south side of White Oak Road. White Oak Road is at the top
of the image. The property is zoned RM -2 (Medium Density Residence Zone) which allows for
the Planned Neighborhood Design. This property is also within the SWPOZ (Source Water
Protection Overlay Zone) but this time specifically Tier 2 which is a Primary Wellhead
Protection Area. A couple other locational kind of things on this map: on the left which is the
western portion of the property, that boundary is the Little River White Oak Road Tax Ditch
system. There are some adjacent wetland areas to that and on the right hand side of the page in
the corner is a wooded tract of the property that will continue to stay as woodland. The property
is also subject to the Special Flood Hazard Area. There are areas along what is the left hand side
of this image and also from the bottom, the southern part. They have identified the Special Flood
Hazard Area on their map as it is currently platted on the FEMA FIRM Panels; however, they
will be pursuing a Letter of Map Change as they have better information and more specifically
what is called a Conditional Letter of Map Revision or CLOMR, because they wish to make
adjustments to some of that where the flood plain is located on this project site. There may need
to be some fill in those areas, but there is a process with FEMA that they will be working
through. To one, provide better information about actual elevation data for the site and then how
that may further be changed by their development proposal. So, if we go to the next page, this
again is an overall of the Planned Neighborhood Design. The kind of grid like area that you see
in the upper left is what we are concentrating on this evening, which is the portion they intend to
develop as a series of 250 townhouse lots. There is a separate lot to be developed in the future
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that is at the bottom or the southern part of their property that is intended for a future scenario for
construction of apartments. If we move forward one page here, this is a little bit more of a close
up of the townhouse area. With their last review with the Conditional Use, there were Alternative
Design Standards that were approved specifically related to lot area and lot width to allow
townhouse lots that are 20 feet in width and then with a smaller lot area size at 1600 SF. These
townhouse units do have an alley behind them as part as the overall street network with the
exception of Lots 1 through 20 and we will talk about those a little bit more in particular. The
next slide, specifically, you want to focus on the series of lots, Lots 1 through 20. They have
made some revisions to the format of these lots in particular. These lots, as you can see, do not
have an alley behind them. They have a Waiver Request for the Elimination of the Rear Alley for
these particular lots, Lots 1 through 20. They created this kind of graphic to show a little bit more
information about these lots in particular. They are front loaded, meaning there is a parking pad
in the front of each unit. There are some connecting sidewalks that would lead you towards the
rear of these units specifically. What they are showing in detail here is how they intend to
comply with our Rear Emergency Access provisions. Specifically, for town houses that either has
to be achieved with either an alley of 16 feet or a scenario of an “open rear yard”. They are
choosing to pursue the “open rear yard” format for this Rear Emergency Access. That basically
means that for townhouse groupings of three to five units, they have to meet the definition of a
fire protected townhouse as it is defined in our Zoning Ordinance, which is the fire barrier
between units at the party wall and then at least an alternating pattern of non-combustible
exterior siding. They are noting they will be using non-combustible siding on all of the units. The
second component for this Rear Emergency Access is the provision for an “open rear yard” and
that is an area of at least 16 feet in width. That is shown as a hatched area at the rear of these
buildings. It is on the property. In this open rear yard, there can be no placement of structures or
fencing or landscaping in that 16 foot area. They are proposing to develop that as a subgrade
emergency access provision. Additionally, with that open rear yard scenario, any remaining areas
of the yard cannot have fences that exceed 4 feet in height. They are limited to no more than one
shed and there's a sizing limitation on that shed as well. So, it's meant to continue to be truly an
“open rear yard” with the ability to reach the rear of the building. So, they are complying with
the Rear Emergency Access provisions of the Zoning Ordinance, they are just asking related to
these specific 20 units, for the Waiver Request of the Rear Alley requirement. That Rear Alley
requirement is part of the Subdivision Regulations from the City, and as such, the Planning
Commission will make your recommendation and then your recommendation will move forward
to City Council, through one of their committees for our final consideration. The next slide, this
basically is more focused on active recreation and landscaping. The active recreation for this
project was previously approved with the Conditional Use step of the process. There is a central
active recreation area that has amenities and an additional area that is for a dog park. There are
sidewalk connections to areas. For tree planting, they are clearing some woodland, but it is under
the limitations that our Code has. They are providing the 583 trees that are required. Some of
those are to be planted in open space areas, others are as individual tree plantings on lots. The
Planning Office provided a series of comments. The key things for you to consider tonight is the
Subdivision Waiver related to the Elimination of the Alley for Lots 1 through 20. The Planning
Office did outline a series of recommendations related to this PND. Planning Staff is not
recommending approval of the Subdivision Waiver to eliminate that alley, as we feel that the
elimination of an alley affects other provisions. Having an alley allows for better emergency
access to the rear of those lots and it may limit some approaches related to utilities and trash and
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recycling. They have provided a format for storage of those containers, but we do find that the
container would have to be brought to the front of those units for pickup. There are other ways
we think to encourage either a greater mix of housing units by making some revisions to those
Lots 1 through 20. We've also noted that while they are compliant with that rear emergency
access provision, the long term compliance for that is tricky because of what they need to
maintain for the life of those units as the open yard. We did also note that our Comprehensive
Plan talked about opportunities for public transit. Public transit is not currently in this area but
that they should be thinking about that for the future regarding the number of units that are
actually here. Our advisory comments also note that this property participated in its own TIS
about the same time the City was doing one for the Garrison Oak Technology Center across the
street. So there's some coordination that will need to happen between the City, this applicant, and
DelDOT regarding the improvements to White Oak Road in this area. The other agencies
providing comments as always include the Department of Water/Wastewater, the Public Works
Office, the City's Office of the Fire Marshal, and the City's Electric Department regarding
electric service. DelDOT will control the two entrance plans for the entrances off of White Oak
Road for this project site. The Kent Conservation District will be reviewing stormwater
management and then the MPO also had some advisory comments in looking at pedestrian,
bicycling, and transit and other planning efforts in the area. So, tonight what you're looking at
here for the Planning Commission is a Planned Neighborhood Design (PND) for Bay Village. It
is the Subdivision Preliminary Plan. This is step three for the project and you have one specific
waiver to consider that is the Subdivision Waiver for the Elimination of the Rear Alley,
specifically for Lots 1 through 20.
Mr. Taylor stated that as Mrs. Melson-Williams mentioned, this application is almost identical to
what was submitted and reviewed before this Commission back in April. We will work with all
the DAC members to address those comments as we continue through the construction plan
process. I wanted to talk mostly tonight about the Request for the Waiver for the Rear Alley
requirement for Lots 1 to 20. In your packers is a detailed letter, so I won't read into all of that.
But we are seeking a Request for that Waiver. This was discussed briefly during the meeting in
April. We discussed this with the developer, went back through things a few times with the
Planning Office and wanted to provide a solution while also requesting the waiver. What we are
proposing here is for Lots 1 to 20. Hearing the request from the Planning Department was that
the biggest complaint and also I guess it was Code Enforcement that mentioned one of the top
issues with Code Enforcement is the trash cans not being placed back. In particular, there's issues
with the lots where there is not a rear access because those sit in the front of the house. And so
what we're going do here is provide one access from the front of the house to the rear of the
house to allow those trash containers to be stored appropriately. Two, they would be behind the
rear of the house. The requirement per the Code is behind the front of the house. So, at the rear of
each of those, there is a 4 foot tall screening where those trash and recycle bins would be able to
be placed for Lots 1 to 20. Regarding some of the other items, there was talk about utilities.
Utility access would be fairly similar. They would be coming through the front. If it was a wish
to keep it in the green space, there was a green space between the parking and the home
themselves for water meters or cleanouts for the sewer. One of the other pieces was the
emergency access. As Mrs. Melson-Williams mentioned, we are meeting the Code requirement
which is to provide access. We are providing that through a sixteen foot dedicated Rear
Emergency Access. Actually in the Code, it does not require a section like we're proposing. We
felt like this was an area where it may be better to have a stone section underneath the grass
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which would allow for emergency vehicles to access the rear of those homes, similar to what an
alley would be. But that would be an open rear yard that would allow emergency services to
utilize that space. I believe that addresses all of the concerns from the Planning Commission
related to the Waiver Request. One of the other things that was discussed was the potential for
utilizing other types of housing here. This is really trying to be an affordable unit type. By
changing unit types, it's going to take some of those out of that affordability aspect and so, I
believe one of the comments was they can be switched to a duplex to then no longer require the
alley or the emergency access in the rear. In this case, we are actually providing a safer condition
by providing an additional access on the rear of the lots. Emergency services actually have both
the front street that is shown there, as well as the open rear yard. They will be working with the
Planning Office, Public Works, Electric, and all of the other DAC members to address their
comments.
Mrs. Denney stated that she has a question for Mr. Taylor. At the previous meeting, she noted her
field was medicine, and she just had concern for the emergency access in the rear of the building
because unfortunately, if a fire starts in the building with or without firewalls and all the things
we do to protect people, sometimes things get out of hand. And there's two stories and it’s not
always guaranteed that they're going be able to access the front, they may have to go out the rear.
In some cases you need to get ladder trucks back there with ladders up to the windows with
firemen on those ladders getting people out. I guess if it's like a parkable turf and she knows
there are varieties of those things that would ease my mind. Perhaps some type of written tenant
restrictions that prevent the people who live in the rear from placing items; and she is not talking
right against the building or patio area. But you know you have chairs, tables and umbrellas and
a place for friends to come over and play a game or something. It is a real safety concern for me
and I think, again, the parkable turf helps that. There will be sprinklers in the building, correct?
Responding to Mrs. Denney, Mr. Taylor stated that as of right now, sprinklers are not required by
Code; however, it's our understanding that there may be a change in that Code coming. The
applicant has heard that and understands that as of right now, the buildings are not being
sprinklered but they may be inquired by the time a Building Permit is pulled. For the second part,
the open rear access defined in the Code does not require a reinforced turf. In this case, we
actually are going to provide that for this by providing a sub-base underneath of the grass so that
those vehicles will be able to drive on top of that. Regarding the restrictions for the homeowners,
the homebuilder has stated that they were not going the permit fencing in this neighborhood
because they really can't anyway. The comment about having chairs in the backyard, I would
actually argue that having two vehicles parked between the alleyway and the rear home could
actually be more of an obstruction than that equipment. So in this case, I actually believe that the
emergency access for Lots 1 to 20 might actually be a better emergency access perspective than
the alley provisions. I understand there's a benefit to the alleys and they have a dedicated space,
but if it happens at night those cars are in the way between the alley and those homes.
Mr. Witham stated that he is unclear. Where on the plans do you show the resident’s cars to be
parked? In the front or the back? Responding to Mr. Witham, Mr. Taylor stated that on Lots 1 to
20, the vehicles are shown to be parked in front of the home. You can see the gray hatched area
that is just off the roadway. It is Quiet Water Road, which is the road that runs along the page
there. There's parking on the lot just to the north side of that where two cars would park in front
of each home.
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Mr. Witham stated that you would have to propose land restrictions in each deed to these
properties to ensure that the occupant does not park the car in the back. Responding to Mr.
Witham, Mr. Taylor stated that they wouldn't be able to access that. They would not be able to
park in the rear of the home because there is no access. The only access is an open rear yard. So
from the human eye, it's going to look like it's a grassed area, but the emergency services its
known. I believe there was a discussion about having it signed for emergency access, so that the
Fire Department or EMS or whoever it might be, would know that that is the emergency access.
Mr. Witham stated that an open area covered by grass is not a hindrance to someone who wants
to park his car. Responding to Mr. Witham, Mr. Taylor stated it’s that just like anywhere, you're
correct. He believes that's a Code Enforcement issue versus a Planning issue.
Mr. Witham stated that it becomes a safety issue if a fire truck is trying to get access. Responding
to Mr. Witham, Mr. Taylor stated that no one could park there any way. It’s not a dedicated
parking space. While anyone could put their car where they wanted it to be, realistically, he
believes that would be a Code Enforcement issue related to a car being parked where it is not
supposed to. Is that correct? Responding to Mr. Taylor, Mrs. Melson-Williams stated that there
are other provisions in the Zoning Ordinance that limit parking to a paved, hard, dust free surface
which is typically asphalt or concrete. It is Code Enforcement violation for parking on the grass
in everyday general terms. There are some provisions for temporary parking related to large
festivals events, but for individual residential lots you must be on that paved, hard, dust free
surface. This open rear yard scenario that they are proposing with a subgrade surface would not
be an eligible parking location.
Mr. Lewis asked if the shared use path became a little wider, could that be the alley. Responding
to Mr. Lewis, Mr. Taylor stated that is couldn’t be the alley because DelDOT regulates how close
a street or access way can be from the intersection. In this case to use the shared use path as an
alley, you would essentially be right on top of the entrance. It would be unsafe to allow that to
happen because you would have conflicting motions occurring at the same time. The other part is
a shared use path is not designed for vehicular traffic; it is designed for pedestrians and bicyclists
to be able to move about and to transport from one spot to the other. We did have and he believes
this was brought up previously. It was related to the emergency access since White Oak Road is
right there as well, but you wouldn't be able to get access directly from White Oak Road to the
separate lots.
Mr. Lewis stated that he guesses there is going to be a fence there too, right? Responding to Mr.
Lewis, Mr. Taylor stated that there won't be a fence along that. There will be an upright curb
between White Oak Road and the shared use path.
Mr. Witham opened a public hearing,
Mrs. Melson-Williams stated that they did receive one written correspondence that was included
in the Commissioner’s packets as Public Comment Set #1. It is an email from Cathy Wright
received on May 27, 2026 regarding the rear emergency access. She notes that she's a
homeowner in Dover and lives one and a half miles from the proposed Bay Village project. Her
statement states “I would like to express my opposition to the waiver request for emergency rear
access. Given the quality of residents not including guests, the potential for loss of life in a
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situation where the primary entrance is blocked is too great to provide a waiver on the safety
measure. The rear emergency access is not simply for convenience and is the life saving
measure. It's a standard of neighborhood designs and should not be considered an afterthought or
optional. It's also noted in the design that there is a floodplain in the neighborhood, so if there's a
flood event, it's even more important to have emergency access to the area. Please stand up for
the City Code and enforce the requirement of an emergency rear access, someone's life may
depend on it.” So that's the only written comment that she would note. As you heard earlier, they
are not seeking a Waiver Request of the Rear Emergency Access. That was clarified through our
review of the plan. Some initial correspondence thought that they may be seeking that Waiver.
The only Waiver they are seeking is regarding for the Elimination of the Rear Alley.
Mr. Taylor stated that he was just going to comment with what Mrs. Melson-Williams
mentioned. They are not seeking a Waiver. We would not want to jeopardize emergency
response; safety is paramount. As an engineer, we want to be designing around safety. We're
called to look at the health, safety, and welfare of their public as engineers. So, with the Rear
Emergency Access we would not seek a Waiver for that. Regarding the floodplain, he thinks it
was previously discussed; the floodplain is on the far west side of the site. The modeling shows
that we are keeping all development out of that floodplain, including the rear alleys along the lots
of that western side would be outside the floodplain.
Mr. Witham closed the public hearing.
Mr. Reaves stated that he has a question regarding the floodplain area. It appears that the western
most part of the development is over the deepest point of the floodplain area. Can you explain
that? Responding to Mr. Reaves, Mr. Taylor asked if he could explain what he is asking when he
says the “deepest point”.
Mr. Reaves stated that when you look at the elevation lines, the higher points are to the left and
to the right of the development area, and also of the bottom. If you look at the map with the
elevation lines on it, it seems that development is directly over the deepest point or the lowest
point of elevation for this floodplain. Responding to Mr. Reaves, Mr. Taylor stated that as part of
this process, we've gone through and done what's called a Conditional Letter of Map Revision.
That has been prepared and submitted to the City of Dover and once that is completed it will be
submitted to FEMA. He believes that they are just waiting on a community authorization
signature on that application so that it can be submitted to FEMA. That is part of the FEMA
process. What we did was we modeled that entire drainage area to determine where that
floodplain line would be located. It is a defined elevation, but we have survey information from
the field versus FEMA that is a little bit more accurate. FEMA does provide the option to provide
more accurate data to be able to support the floodplain modeling. So, that has been prepared and
has been submitted to the City. They mentioned that the 100-year floodplain would be fully
outside of the individual parcels as well as the alleyway that abuts them.
Mr. Reaves stated that when he is looking at the map of the elevation, the complex goes directly
over the lowest point. So if that's where all of the water would potentially drive to, he is not
understanding how they are going to mitigate that. Responding to Mr. Reaves, Mr. Taylor stated
that as a part of this project, we are changing the grades of the development itself. Right now on
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the Existing Conditions Plan, it does go from the right hand side of the plan to the left hand side
of the plan. As part of the development we need to design roads and homes need to be flat. So
there is some raising of that grade that is taking place. The plan on C-401 has that Grading Plan
that shows how that's being graded to keep it fully out of the floodplain and then all of the
stormwater will be collected through the storm drain system and go to different stormwater
facilities throughout the development.
Mr. Reaves asked Mrs. Melson-Williams if there was a position on the packet that FEMA has
taken either way or is that just something that's in process. Responding to Mr. Reaves, Mrs.
Melson-Williams stated that it is something that is in process. They have mapped where the
existing floodplain line is on their plans; however, they have better information and are in the
process of completing what is called the CLOMR (Conditional Letter of Map Revision). That is
a process with FEMA that allows the use of better data and potential grading changes to make
changes to the floodplain line. They have made the submission to the City and basically there is a
section of their application form where the City has to acknowledge that they are making this
request to FEMA. We will be completing that section and then they will make a submission to
FEMA for the review of their proposed changes to the floodplain location and that information
will have to be returned back to the City. If their request for changes is unsuccessful, then we
would be into some redesigning of this project. It would be something that would be continued to
be monitored by Planning Staff as they move through the continuation of their plan review
should it be successful this evening as part of getting to a Final Construction Plan set and
Subdivision Plan set for this Bay Village project.
Mrs. Maucher stated that she saw that there were a number of iterations of this plan going back
to 2007 and none have progressed. Is there a particular reason for that? Is it related to any of
these issues with the floodplain? Responding to Mrs. Maucher, Mrs. Melson-Williams stated that
in the DAC Report, we did note a number of previous applications that have come our way over
the years for development scenarios at this location. Some of them were not fully pursued. In
other cases, one of them was a Rezoning that brought us the zoning we have today. This tract of
land which is now just over 79 acres was once part of a much larger tract; so, there's been some
Minor Subdivision work to divide the land mass into multiple larger parcels. At one point, this
track of land extended all the way over to Long Point Road, which is to the east. She would say
that none of the previous ones made it through the multiple step process of the Planned
Neighborhood Design. Some of them she believes were withdrawn by the applicant at the time.
There have been several potential different owners for this tract of land, but she wouldn't
characterize it as the floodplain caused the project to be suspended and something new happen.
Mrs. Maucher stated that she also had a question about the MPO comments about the there being
a connector road between White Oak Road and South Little Creek Road and it's in the
engineering planning phase now. Does that mean that it's more likely than not to be built at some
point? She has a concern with this large number of residential properties. We have 250
townhomes plus the potential for another 200 apartments on this parcel right across from the
Garrison Technology Park and the traffic that's involved in going in and out of there. Responding
to Mrs. Maucher, Mrs. Melson-Williams stated that the MPO did identify a number of studies in
this general area. There is a proposal for what is a connector road that would connect White Oak
Road then down to the south in order to reach an option for a connection to State Route 1. That
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does not cross through this property. But with any project, any development in the general area
would be accounted for when they're doing that kind of that road planning process.
Mr. Taylor stated that he believes also this site was identified as part of the Comprehensive Plan
as an area for residential development to go specifically because of the Garrison Oak Technology
Park across the street. So, he just wanted to bring that up as a footnote as part of this.
Mr. Reaves moved to deny SB-26-02 Bay Village Residential Planned Neighborhood Design:
Subdivision Plan for the fact that it’s over the floodplain area and the FEMA results are not
ready yet, seconded by Dr. Jones and the motion failed 2-6 by roll call vote with Mr. Baldwin
absent. Mr. Reaves voting yes. Mrs. Welsh voting no; she doesn’t know that that’s a valid concern
at this point in time. Mr. Lewis voting no; he is sympathetic to the FEMA concerns and the
waiver concerns, but given that we know that this isn’t the final step in the process, he thinks we
can move forward and see what the future tells us with answers to these questions. Mr. Roach
voting yes; he agrees with the motion because he thinks there are a lot of unanswered questions.
He is definitely excited about the addition of all the townhomes. You all know that he really
always agrees with us adding homes as far as this area. But just as far as the emergency exit
around the back, then a lot of the comments and then the FEMA issue of being on the floodplain,
he thinks there a lot of things that we just basically want to know that we have answers to before
saying yes. Mrs. Denney voting no; she thinks that this is the first step literally, in what will be
many other meetings. Not just meetings with the City of Dover but with FEMA and other entities
like DNREC, etc. that have keener eyes on this. She thinks for us to stop it in its infancy because
of restrictions and regulations and things that may can come up that will prevent it from going
forward later is presumptive of us. She thinks we need to let it ride and see where the true
engineering designs get it with FEMA, DNREC, etc. She thinks it's their place to stop it. It’s the
same way that she always feels about DelDOT getting to make the mean call, not us. Mrs.
Maucher voting no; for reasons stated. Dr. Jones voting no; noting that this is early the phase of
this process and that there is some unreadiness. Mr. Witham voting no; he agrees with the
comments that Mr. Lewis made. This is a process and the process should continue on. It may very
well be that the applicant is going to have some problems and will have to redesign the project
again and we will have to go back a stage or two; so, this is not the end of the road in that sense.
Mrs. Melson-Williams stated that with the failure of that motion, we still need some action
regarding the Subdivision Plan for this PND and the associated Waiver Request for the
Elimination of the Alley for Lots 1 to 20.
Mrs. Denney stated just as a matter of clarification, at this point, we are looking for another
motion and because the motion to deny failed. She just wants to know that she making the right
move here.
Mrs. Denney moved to approve SB-26-02 Bay Village Planned Neighborhood Design:
Subdivision Plan so that it can move forward and we can get engineering type opinions and
research done by the entities that will really understand a lot more than we do with regard to
what needs to happen next and let the applicant have to stand up to those regulations as it moves
forward. She also approves the Waiver for the Elimination of Rear Alley for Lots 1-20, seconded
by Mr. Lewis.
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Mrs. Maucher stated that she has concerns about the Waiver. Is it possible to divide the motion
for the project from the Waiver and vote on those two separately? Responding to Mrs. Maucher,
Mrs. Denney state that as the maker of the motion, if that helps others with the vote, she is happy
to split that and just make a motion to accept the application and we could not include the Waiver
in that motion.
Mrs. Denney moved to approve SB-26-02 Bay Village Planned Neighborhood Design:
Subdivision Plan so that is can move forward and we can get engineering type opinions and
research done by the entities that will really understand a lot more than we do with regard to
what needs to happen next and let the applicant have to stand up to those regulations as it moves
forward and vote on the waiver for the elimination of rear alley for Lots 1-20 separately should
this body choose to do so.
Mr. Witham stated that there is a point of order here that we have an obligation as
Commissioners to determine if we grant the Waiver to determine if the applicant has met the
requirements to show that it’s impractical for the design to have an alleyway. We have to find
that it’s impractical for them to do that. If you don’t think that that proof has been made, then you
could, in his opinion, make that motion.
Mrs. Melson-Williams stated that she thinks as suggested by Mrs. Maucher, you could certainly
divide the question as it was originally posed and address the plan from an overall concept and
then in a separate motion, take action on the Waiver for that Elimination of the Alley. So she
thinks that in her amendment to the motion she removed the (Waiver) consideration from her
first motion.
Mr. Lewis stated that they did have a motion and a second on a previous motion. Does that just
get eliminated now that the motion maker has revised her statement?
Mrs. Denney withdrew her original motion to include the waiver.
Mrs. Denney moved to approve SB-26-02 Bay Village Planned Neighborhood Design:
Subdivision Plan so that it can move forward and we can get engineering type opinions and
research done by the entities that will really understand a lot more than we do with regard to
what needs to happen next and let the applicant have to stand up to those regulations as it moves
forward and vote on the Waiver for the Elimination of Rear Alley for Lots 1-20 separately should
this body choose to do so, seconded by Mr. Lewis.
Mr. Reaves asked for clarification if this motion is approved, will this come back before the
Planning Commission? Responding to Mr. Reaves, Mrs. Melson-Williams stated that the
Subdivision Plan would not be required to come back to the Planning Commission unless there
was a major redesign. The future development of the apartment complex area of the project
would be subject to future review by the Planning Commission.
Mrs. Denney moved to approve SB-26-02 Bay Village Planned Neighborhood Design:
Subdivision Plan so that it can move forward and we can get engineering type opinions and
research done by the entities that will really understand a lot more than we do with regard to
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what needs to happen next and let the applicant have to stand up to those regulations as it moves
forward and vote on the Waiver for the Elimination of Rear Alley for Lots 1-20 separately should
this body choose to do so, seconded by Mr. Lewis. Mrs. Denney voting yes; she believes that this
is an excellent project for that area. Certainly we all know that housing units are a pretty
valuable commodity to the health and welfare of our community and she thinks that again, it's a
good design, She feels like aesthetically, they have taken measures to make it nice and so she
would really like to get behind this. Mrs. Maucher voting yes; based on the DAC comments and
recommendations. Dr. Jones voting yes; based upon DAC comments. Mr. Reaves voting no; due
to the fact that this is built directly over the lowest point of the floodplain area and the number of
apartments is detrimental to mitigating the water that comes from a floodplain area. Mrs. Welsh
voting yes; for reasons previously stated in conjunction with Mrs. Denney. Mr. Lewis voting yes;
for reasons previously stated. Mr. Roach voting no; again I'm very excited about the project, but
again, he just feels as though as far as what we asked for, knowing that we all have the same
concern and we know how sometimes it doesn't get back to us. Especially with it being over the
floodplain and all of us having the same concerns. He thinks that we could have just voted no
and just brought it back all together in one vote. But again, he is definitely excited for a project,
absolutely want it but he is going to vote no right now at this point in time to stand for my reason
stated as far as it being over the floodplain and then the exit on the back side. Mr. Witham voting
yes; for the reasons stated on the record and for the DAC comments and the requirement that he
thinks they have to make separately on whether the Waiver should be granted.
Mrs. Maucher moved to deny the Waiver Request for the Elimination of the Rear Alley for Lots 1
to 20 based on Staff’s comments and observations and the safety concerns, seconded by Dr.
Jones and the motion was carried 7-1 by roll call vote with Mr. Baldwin absent. Mrs. Maucher
voting yes; for reasons stated. Dr. Jones voting yes; due to uneasiness with that Waiver. Mr.
Reaves voting yes. Mrs. Welsh voting yes. Mr. Lewis voting no; without being unsympathetic to
the Planning Staff’s recommendation he thinks the space there would be adequate in case an
emergency would arise. He thinks the space provided would be adequate to serve the need of
what a potential alley would do. Mr. Roach voting yes. Mrs. Denney voting yes. Mr. Witham
voting yes; he is not satisfied that it is not feasible to put an alley back there.
Mr. Taylor asked if that was a recommendation for denial (of the Waiver). Responding to Mr.
Taylor, Mr. Witham stated yes, our decision goes to City Council.
MI-26-06 Text Amendments: Clean Hydrogen Production Facilities – Public Hearing and
Review for Recommendation to City Council of Text Amendments to Zoning Ordinance
pertaining to clean hydrogen production facilities by amending the Dover Code of Ordinances,
Appendix B - Zoning by adding a definition for “clean hydrogen” in Article 12 and by amending
Article 3, Sections 19, 20, 20A and 20B to allow clean hydrogen production facilities to operate
as permitted uses in certain zones and adding supplementary regulations by which these facilities
must abide. The zoning districts for clean hydrogen production facilities include the M
(Manufacturing Zone), IPM (Industrial Park Manufacturing Zone), IPM2 (Industrial Park
Manufacturing Zone – Business and Technology Center), and IPM3 (Industrial Park
Manufacturing Zone – Industrial Aviation and Aeronautics Center). Ordinance #2026-10.
Representative: Staff
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Mrs. Melson-Williams stated that this is a series of Text Amendments to the Zoning Ordinance.
In the case of a Text Amendment to the Zoning Ordinance, the Planning Commission makes a
recommendation. That recommendation after your own public hearing is forwarded to City
Council. City Council will conduct their own public hearing and take final action on the
amendment. The proposed series of Text Amendments are related to Clean Hydrogen Production
Facilities. This is Ordinance #2026-10 as Application MI-26-06. What this does is a series of
amendments to our M (Manufacturing Zone) and then our IPM (Industrial Park Manufacturing
Zone) series: the IPM2 (Industrial Park Manufacturing Zone - Business and Technology Center)
and then the IPM3 (Industrial Park Manufacturing Zone - Industrial Aviation and Aeronautics
Center). She will note that at the present time, there are no properties that are zoned the IPM3
here in the City; not to say that there won’t be in the future. This is a proposed series of
amendments that would allow for the manufacturing of clean hydrogen in production facilities.
The Text Amendment includes a definition for “Clean Hydrogen” as part of the Amendment.
That will be made in Article 12 which is also the definition section of the Zoning Ordinance. The
background report gives some information about the MACH 2 Initiative which is Mid-Atlantic
Clean Hydrogen Hub Initiative that the State has been participating in. It gives you a little bit of
information about what is “clean hydrogen”. Basically, there is energy that is introduced to then
split water. It basically creates a hydrogen gas. There is information about safety. This is really
brought forth in support of that MACH 2 and potential for economic development in the long run
here in the City. This does not establish a Clean Hydrogen Production Facility at any location in
the City; it just adds it to the list of potential permitted uses in those series of zones. As part of
the Report, Planning Staff had to issue a recommendation per the criteria that is established in
the Zoning Ordinance related to Text Amendments. We have to determine whether the change is
consistent with the Zoning Ordinance itself and the aims and principles of the zone and also
whether the amendment is consistent with the aims of the Comprehensive Plan for the City.
Included in our Report are a number of excerpts from the City’s Comprehensive Plan from 2019.
Specifically some excerpts were pulled from Chapter 10 which is the Economic Development
Chapter as well as Chapter 12 which is the Land Development Plan portion that focus on
employment centers and creating a vibrant economy and potential job opportunities. The
Planning Commission specifically as part of your process, is also charged by the Zoning
Ordinance to consider those same criteria of how these Text Amendments are consistent with the
Zoning Ordinance as well as with the aims of the Comprehensive Plan. We did submit this to our
agency reviewers as part of the Development Advisory Committee. Most of them in their
comments reflect that they have no objections to the proposed amendments but make some
advisory notes that any development project associated with this type of facility has a separate
review process for it. She will note that this was predominantly being brought to you by Planning
Staff in conjunction with the City Manager’s Office. The City Manager, Sharon Duca, is here in
the room for any additional comments.
Mr. Witham stated that he is not sure that they all know how hydrogen is produced. Responding
to Mr. Witham, Mrs. Melson-Williams asked if Mr. Witham was asking that as a question.
Mr. Witham stated that he would like to reaffirm how it is produced. He has an idea of how it’s
produced, but if someone is more of an expert in that arena, he would like to hear some
comments on that. He does know that it takes less electricity. Hydrogen is a renewable source of
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energy. It doesn’t produce pollution, and it’s a very helpful energy source because we know at
the present time that our electric grid is in deep state of repair. It is going to cost a lot of money
to repair that grid and we need to have another source of usable energy. In his opinion, hydrogen
is more usable based on economics, environmental issues, and wind power or sun power. So, he
agrees with the Ordinance.
Mrs. Denney stated that that is her understanding. It has been a long time since she has taken
chemistry.
Mrs. Duca stated that basically she would like to add the support regarding the Ordinance and
the economic vitality that will be brought to the City of Dover. In terms of your questions
regarding the production of hydrogen itself, we have a few technical experts available. One of
which is Mr. Andrew Cottone who is online. It would be excellent to have him join in on the
discussion.
Mr. Gregg Moore stated that Becker Morgan Group is actually representing Aternium who is the
provider here. We are not proposing this change. We have reviewed it and we have followed it
and worked with the City Manager to get to this stage. We do have an expert here; his name is
Mr. Andrew Cottone and he is actually in Europe but has joined us online. He can explain
production of hydrogen.
Mr. Cottone stated that he is here to answer any questions.
Mr. Witham asked Mr. Cottone for a short dissertation of how hydrogen is produced and why it’s
safe and economical to use.
Mr. Cottone stated that hydrogen is produced in a few different ways; many of which you don’t
want in Dover due to the pollution and some of the other aspects surrounding it. When you look
at Delaware and Dover in particular, we are not sitting on reserves of coal, oil, or natural gas, but
we are sitting on pre-packaged hydrogen for the future energy, which is water. You simply take
electricity, you pass it over water at very precise conditions, the hydrogen comes off at the
cathode, the oxygen comes off at the anode, and it becomes pre-purified and ready to ship out.
An advantage that Dover, DE has is that they are within about 150 miles of an already huge
2,000 metric ton per day hydrogen economy. So, you pass electricity over water, split the water
into hydrogen and oxygen; that is simply how it works. One last thing is that the wastewater in
Delaware is a lot cleaner than he grew up drinking, chemically speaking. We can actually use
wastewater for this process.
Mrs. Maucher stated that she has a couple of questions. She knows enough about this to be
dangerous. So in order for it to be “clean hydrogen”, the electricity has to be produced by a
renewable meaning nuclear, is that correct? Responding to Mrs. Maucher, Mr. Cottone stated
that is correct.
Mrs. Maucher stated that if you used gas to make it, then it would be “brown hydrogen”, is that
correct? Responding to Mrs. Maucher, Mr. Cottone stated that there are lots of different colors of
hydrogen. But to specifically make it clean, as you were talking about, you would need to
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generate or purchase your electrons from wind, solar, or nuclear. They are the three types of
energy approved under 45V of the recent Big Beautiful Bill.
Mrs. Maucher asked how much electricity is needed. There is a big debate going on now about
data centers and the excessive power demands and water demands. She doesn’t have a clear
understanding of either of those. How much energy would be demanded and how much water
demands would be there? Responding to Mrs. Maucher, Mr. Cottone stated that first, when you
compare a hydrogen plant to a data center, they are extremely different. The hydrogen plant
scaled at this area is going to be a lot smaller, not the gigawatt size that we are talking about.
Secondly, a data center has to be on, unless it’s crypto-mining, 24/7 and if the electrons had to
choose between the data center and the community, then they are going to have to choose the
data center. But in clean hydrogen’s particular case, the facilities could be set up as a demand
response. Meaning when the community needs the energy, then the company comes offline. He
thinks that when you are looking at the Mid-Atlantic, you can look at reasonable sizes from 40
megawatts to 80 megawatts of electricity going in per plant, but it’s only using the electricity
when the community is not using it and gets off using it when the community does need it. For
the water question, each plant will need about half to two-thirds of an Olympic size swimming
pool every day. So, not very much especially when you compare it to the data centers and when
you think that Delaware is in a position where you can deploy wastewater for this.
Mr. Witham asked if you could use seawater to produce hydrogen. Responding to Mr. Witham,
Mr. Cottone stated can you, yes, but it is not economically viable right now. The electrolyzers,
where the water is split into hydrogen and oxygen are very sensitive machines and the sea water
has a lot of impurities in there that would ruin the lifetime of those machines. So, the water that
we will be using is even more pure than the water that goes out into the public. Is that something
that’s possible down the line in 10 to 15 years? Yes, he thinks so. You can, but it’s not
industrially feasible at this point.
Mr. Witham stated that we are just going to approve those sections in the amendments that will
be applicable to various aspects of the Zoning Ordinance since the Zoning Ordinance does not
address hydrogen in any way, correct? Responding to Mr. Witham, Mrs. Melson-Williams stated
that these industrial zones in the Manufacturing Zones actually in their uses prohibited, list
hydrogen and oxygen for manufacturing processes that involve the primary production of
hydrogen and oxygen. Currently in our Code, that’s prohibited. So, in this proposed Text
Amendment, there is a amendment to make a change there to allow the production of hydrogen
and oxygen when it is related to “clean hydrogen production facilities” only. So that happens
across the board in the M (Manufacturing Zone) and IPM (Industrial Park Manufacturing Zone)
series. Really with this amendment we have to do two things: add clean hydrogen production
facilities to the uses permitted and make a slight edit to the uses prohibited so that we allow for
hydrogen and oxygen production when it’s related to a clean hydrogen production facility and
then of course define what “clean hydrogen” is.
Mr. Witham stated that we presently have no one making an application to place one of these
facilities in our city. Responding to Mr. Witham, Mrs. Melson-Wiliams stated that currently,
there is no application to place one of these facilities, because right now if you open up our Code
Book it says, “no you can’t do that”; it is a use prohibited.
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Mrs. Maucher stated that it is her understanding that this stuff is very, very dangerous. It is very
flammable and potentially explosive. She doesn’t have a problem with the production facilities
per say but it must be set aside in protective zones. Is that something that is developed in the
application process or will there be more amendments coming to protect the public from the
potential danger of these facilities? Responding to Mrs. Maucher, Mrs. Melson-Williams stated
that in order to develop one of these facilities, if this Text Amendment is adopted, it would be a
Site Development Plan Review process. So, your Zoning Ordinance has setback provisions.
There are certainly other provisions that may require certain screening and landscaping. The
process to build one of them certainly is going to go through a Building Code and Fire Code
review process. In the Fire Marshal’s comments, they did note that there is a specific NFPA
Section, which is a Fire Code; NFPA 2 which deals with hydrogen technologies that have
already been adopted for use here in Delaware. So, there are certainly Code provisions in a
broader sense related to regulating these facilities should one look to develop here in Dover.
Likewise, the M (Manufacturing Zone) and the IPM (Industrial Park Manufacturing Zone) series
do also have the Performance Standards Review application process that is part of the Zoning
Ordinance already that asks a lot of those questions about what we call the “objectionable
elements”. So any future project would have to address those items which are likely tied to
specialized permitting and things to put some of those protections in place.
Mrs. Maucher asked about concerns with transportation. Is it going to be piped out or tanked and
put on roadways to move it? She knows that it is alternative fuel in some circumstances, but I
guess we cross that bridge when we get to an application. Responding to Mrs. Maucher, Mrs.
Melson-Williams stated that it is Staff’s understanding that at this point, most of it would be
trucked from a clean hydrogen facility. That is the mode of transport of distribution at this point
in time.
Mrs. Denney stated that for instance, Schagrin fills trucks with natural gas and delivers it here
and there. Is that the same way theoretically that this gas would be distributed? Responding to
Mrs. Denney, Mrs. Melson-Williams stated yes, but she directs it to Mr. Moore to find who on
the project team could best answer that question series for you.
Mr. Moore stated yes, this material would be produced in a facility, and it would then be trucked
like Schagrin Gas or propane or any other natural gas material. It is very similar to natural gas
and reacts similar to natural gas.
Mrs. Denney stated that if we develop an ordinance to allow it here and we will have all of the
rules and regulations about screening, etc. She used to manage a small town here, so she always
probably thinks way far out of the box. You can screen and make everything look pretty all
around the hydrogen plant or a gas plant, but what you can’t do, other than following the rules
and regulations and the safety regulations most especially but you can’t 100% prevent a very
serious explosive. Responding to Mrs. Denney, Mr. Moore stated that this process would
actually be done inside of a building very similar to a building that you would see for
warehousing or something similar. So, it is not a gas plant like what you might see at Garrison
where they are using natural gas to produce electricity. It doesn’t look anything like that. There
are not stacks. This is done inside of a building so it is contained. It is treated like a Site Plan
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which would come back before you at that time to show you what the building looked like and
how it was positioned, how far it was from neighbors, etc. That would be the Site Plan stage. For
Aternium, who you have heard from Mr. Cottone, they do not have a property. We do not know
where it’s going to go and until the Ordinance is changed, they can’t purchase a property. When
we get to the public hearing, he knows that Mr. Shane Breakie is here. He is very knowledgeable
about gas production, gas movement, and trucking. He could probably actually shed light as part
of the public hearing as to how that occurs and their knowledge of it from a Chesapeake Utilities
standpoint.
Mrs. Denney stated that what went on in her mind as she went through this information is that
we don’t have it now and at the moment; we don’t miss it because we don’t have it. She is
concerned of the potential dangers which again, she is just learning here. Why do we need it in
Dover? Responding to Mrs. Denney, Mr. Witham stated that perhaps we could have this
addressed through the public hearing because we are going to be hearing from some experts.
Mr. Witham opened a public hearing.
Mr. Shane Breakie – Chesapeake Utilities at 500 Energy Lane Dover, DE 19901
Mr. Breakie stated that he is the Vice President of Sustainability at Chesapeake Utilities. We are
here in support of this initiative. Chesapeake Utilities has been a partner in the MACH2 initiative
that was brought up earlier in trying to bring hydrogen hubs into the Region. One of the benefits
of hydrogen is that it’s in lower carbon emissions; something that we are all trying to attain and
something that our company has been very proud of supporting over the years. We do see
emissions, not just in our operations but throughout the State as well. One of the applications for
hydrogen, as Mrs. Maucher was saying, is utilizing it as a vehicle fuel. It can be trucked around
but it can also be used as a vehicle fuel just as natural gas is. At our facility in Dover, we actually
have a natural gas fueling station there. As Mr. Moore was saying, hydrogen has similar aspects
as natural gas so it can be used as a vehicle fuel just as natural gas is. Our proposal with the
Hydrogen Hub Initiative was to support bringing in hydrogen as a vehicle fuel. One of the other
participants with the Hydrogen Hub was DART. They are looking to transfer some of their fleet
over to hydrogen. Working together, some of the concepts are to have a centralized location that
is producing hydrogen that we can use as a clean burning fuel and have it here in Delaware. He is
also part of the local economic development initiatives also. It could bring good paying jobs to
this Region as well.
Mr. Witham stated that it is his understanding that based upon current trends, you can actually
manufacture hydrogen in cylinders. You can simply drive your car into a gas station and you
replace your cylinder of hydrogen with a new one or have it refilled. This is what the auto
industry is developing. Responding to Mr. Witham, Mr. Breakie stated that he is not aware of
that method but what they do at their facility with natural gas is they actually compress it. We
have a compressor there and the cylinders are permanently within the vehicles so we are just
filling it within the vehicle.
Mr. Witham stated that they are saying that it is being done in some other countries other than
the US. He wasn’t sure if that method was going to be developed in the US. This is just stuff that
he has read.
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Mr. Breakie stated that he would also say that the proposal that he was hearing was to fill trailers
to move hydrogen around. They do something similar with natural gas at our Dover facility
where we have large trailers that can move large amounts of natural gas around by truck.
Actually, they do have a trailer at our Florida facility that can do that same thing for hydrogen. It
would be very similar to the trucks that you see hauling propane as you had mentioned.
Mrs. Denney asked if you would be able to use that for trains. Can it be moved by train from
place to place? Responding to Mrs. Denney, Mr. Breakie asked if she was referring to it as a fuel
for the train.
Mrs. Denney stated no, not as a fuel for the train but just to take it to another area where it can be
utilized. Responding to Mrs. Denney, Mr. Breakie stated that it can be. He just doesn’t know if
there are regional limitations that wouldn’t allow you to do that. He is not sure if you can go
through tunnels or other areas like that and he doesn’t think you can do that with propane either.
But it would probably follow the same restrictions as propane.
Ms. Linda Parkowski – Kent Economic Partnership 555 Bay Road Dover, DE 19901
Ms. Parkowski stated that she is the Executive Director for the Kent Economic Partnership
which is the economic development agency for Kent County and they represent Dover as one of
our cities that they do economic development for. This Text Amendment allows hydrogen
production. Right now with the MACH 2, we are not in a position to solicit any manufacturing
companies that do hydrogen. That is why this Text Amendment is extremely important because
it allows us to get into this type of industry because right now we can’t. She doesn’t know if you
know but the reason that hydrogen and oxygen and a lot of other things are in Codes as
prohibited uses was because 30 years ago, somebody was trying to put a refinery off of Smyrna
and then one municipality wrote a bunch of Codes and prohibited everything that has to do with
that refinery and all of the municipalities copied it. Now, we are trying to modernize
municipalities because the production is different today than it was thirty years ago. You heard
from our PhD expert on that. A facility like this would bring about $200 million of investment
into our community. It’s not a $5 or $10 million investment; it is huge. Also, it comes with good
paying jobs. She would encourage the Planning Commission to let us allow it. You can put all of
the conditions on once you get a Site Plan and you actually get a company that wants to do it. Let
Dover and Kent County to be the first to allow this to modernize.
Mr. Andrew Cottone – Aternium
Mr. Cottone stated that he just has a few points. He heard some great things on safety and the
economic development. Aternium is also a member of the MACH 2. The hydrogen economy is
inevitable. It is expected to reach $50 billion by 2050. The growth of this economy is being
driven by many forces; mainly, the need to decarbonize hard to abate sectors. He heard a
comment, “We don’t have it; so why do we need it?” It is replacing some of the dirty hydrogen
that is already out there. Some of those hard to abate factors are chemicals, long haul
transportation heavy industry. Specific to Dover, like he said, we are not sitting on a reserve of
anything else but you do have access to some of the most relatively pure treated wastewater
which is the main infill for clean hydrogen. This Code update does enable Dover to participate in
the hydrogen growth sector by attracting large scale investment, integrating hydrogen into the
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energy infrastructure, and positioning the City as a hub within the Mid-Atlantic Corridor.
Hydrogen’s growth builds on an already massive industrial foundation. Over 100 million metric
tons of hydrogen are produced and used globally here. This is not new; this just might be new to
our Region. Meaning the transportation of hydrogen is less about creating a new market and
more about decarbonizing an already existing one. In fact, Dover sits within 150 miles of a
market that uses 2,000 metric tons of hydrogen every day right now. Dover stands to benefit but
leveraging this existing demand base allowing projects to anchor on real customers that the Mid-
Atlantic offers while expanding into emerging uses like energy storage, power resilience, and
synthetic fuels. As we heard earlier, of all of the different rainbow colors of hydrogen, he thinks
gray hydrogen is the hydrogen made from SMRC (Steam Methane Refining) which is what you
don’t want here. Clean hydrogen is defined by how it’s produced. When generated from water
using the renewable or lower carbon electricity, like we spoke about earlier, there is little to no
greenhouse gas emissions at the point of use with water vapor as the primary by-product. This
technique enables communities like Dover to support the industrial book of companies that don’t
need subsidies in offering energy reliability while still meeting the climate and air quality goals.
This makes this a practical and financially independent pathway to clean and industrial
development. Hydrogen can and will protect the communities from harmful pollution with the
highest safety standards that are already established. Just look at the American Gulf Coast: 1,600
miles of pipeline, trucks going all over the place and putting the hydrogen on trains while
delivering the economic benefits. We don’t have to reinvent anything here; we can copy and
paste and deliver it this economic opportunity to Dover. Early adopters like what Dover is
considering and what we are here in support of. Any municipalities that host them will play an
outsized role in shaping the infrastructure, workforce development and supply chains. Hopefully
Dover’s willingness to modernize its Code signals to investors and developers alike, that it’s
open for the next generation infrastructure projects. By acting now, this City can capture the first
in advantage of high quality jobs, long term economic relevance, etc.; all built on a molecule that
is well established in the United States. Hydrogen will become a fundamental component of the
global energy system. Dover has its chance to be first. For these reasons and more, he strongly
supports the Zoning Code change.
Mr. Jeff Klinkhart (virtual) – unknown
Mr. Klinkhart stated that he is here to support any questions related to safety or fire protection if
there are any.
Mr. Juan Carlos-Rivadeneira (virtual) - unknown
Mr. Carlos stated that he doesn’t have anything else to add. He is in support of this change.
Mr. Witham closed the public hearing.
Mr. Witham stated that he read through the changes and the only major change is simply adding
this paragraph to appropriate sections and it states, “Clean hydrogen production facilities for the
production of clean hydrogen and defined in Article 12 shall be permitted subject to compliance
with Article 5, Section 8 which pertains to Performance Standards in all applicable zones and
environmental regulations.”
Mr. Lewis moved to recommend approval to City Council for MI-26-06 Text Amendments: Clean
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Hydrogen Production Facilities including the recommended text regarding Article 3, Sections
19, 20, 20a, and 20b to allow “clean hydrogen production facilities” to operate as permitted
uses in certain zones and adding supplementary regulations by which these facilities must abide,
seconded by Mrs. Welsh and the motion was carried 8-0 with Mr. Baldwin absent. Mr. Lewis
voting yes; for reasons previously stated. Mrs. Denney voting yes. Mrs. Maucher voting yes;
based on the Staff Report. Dr. Jones voting yes; based upon previous statements and all of the
explanations. Mr. Reaves voting yes; based on the Staff Report and previous comments. Mrs.
Welsh voting yes; based on all of the information on received on the use of hydrogen. Mr.
Witham voting yes; based upon the Staff recommendations. It appears to be a welcomed need for
the City of Dover and for the future. Mr. Roach voting yes.
NEW BUSINESS
PUBLIC COMMENTS OPPORTUNITY
There was no one wishing to provide comments.
Meeting adjourned at 9:50 PM.
Sincerely,
Kristen Mullaney
Secretary
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