Agenda

CITY OF DOVER PLANNING COMMISSION REVISED AGENDA Monday, March 19, 2012 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA 1. Application S-12-03 Garrison Energy Center at Garrison Oak Technical Park: Request (letter dated 3/19/2012) to postpone consideration of application and reschedule for April 16, 2012 meeting. ADOPTION OF MINUTES OF REGULAR MEETING of February 21, 2012 ADOPTION OF MINUTES OF QUARTERLY WORKSHOP of February 22, 2012 COMMUNICATIONS & REPORTS 1) An Audio/Web Conference entitled “Urban Agriculture and Food System Planning” will be held on March 14, 2012 from 4:00pm-5:30pm at the Kent County Administrative Building, Room 220. The session is co-sponsored by the Delaware Chapter of the American Planning Organization (APA) and Dover/Kent County MPO and hosted by the Kent County Department of Planning Services. 2) Reminder: The next Planning Commission regular meeting is scheduled for Monday, April 16, 2012 at 7:00pm in the City Council Chambers. 3) Report on City Council actions 4) Update on other Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a) S-09-10 Fordham Brewery at 1284 McD Drive – Request for second one year extension between phases of the construction of work authorized for the project at Fordham Brewery (Zoning Ordinance, Article 10 §2.44 (D)). Following Planning Commission approval of the Site Plan on June 15, 2009 and Final Plan approval on November 11, 2009, the first phase of construction for 4,000 S.F. building addition was constructed under Building Permit #09-1912. A one year extension for the start of Phase 2 was granted on April 18, 2011 by the Planning Commission thus requiring construction to be started by May 31, 2012. The Site Plan indicated two building additions: the first phase consisting of 4,000 S.F. of building and the second phase consisting of 13,370 S.F. of additional building. The property is zoned IPM (Industrial Park Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): Noise Zone C and Accident Potential Zone II. The subject area is located on the south side of McD Drive near the

City of Dover Planning Commission REVISED Agenda Public Hearing: March 19, 2012 Page 2 of 3 intersection with Horsepond Road. The owner of record is the William H. McDaniel, Inc. Property Address: 1284 McD Drive. Tax Parcel: ED05-077.12-01-13.00-000 (portion). Council District 2. 2) Requests for Revisions to Applications: None NEW BUSINESS 1) MI-12-05 State Street Assisted Living: Waiver Request for Loading Berth – Public Hearing and Review of a waiver request from the off-street loading berth requirements (Zoning Ordinance, Article 6 §4) for the State Street Assisted Living facility to allow for the establishment of an on- street loading space on American Avenue. The parcel is zoned RGO (General Residence and Office Zone) and subject to H (Historic District Overlay Zone). The property is located on the east side of North State Street in the block between Division Street, American Avenue, and Delaware Avenue. The owner of the property is State Street Assisted Living. Address: 21 North State Street. Tax Parcel: ED05-077.05-01-50.00-000. Council District 3. NEW DEVELOPMENT APPLICATIONS 1) Z-12-01 Lands of Reidy, Lucas and Klewans at southwest corner of Route 8 and Mifflin Road – Public Hearing and Recommendation to City Council on a rezoning application consists of three parcels of land totaling of 2.21 acres ±. The properties are currently zoned R-8 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The subject properties are located at the southwest corner of Forrest Avenue (Route 8) and Mifflin Road. The owners of record are Peter F. & Bonnie S. Reidy, Robert Klewans, and Doreen Lucas. Property Addresses: 4 Mifflin Road, 24 Mifflin Road, and 1510 Forrest Avenue. Tax Parcels: ED05-076.09-01-11.00-000, ED05-076.09-01- 12.00-000, and ED05-076.06-01-08.00-000. Council District 1. Ordinance #2012-04. The ability to consider this Rezoning Application depends on the action taken by City Council on March 12, 2012 on application MI-12-01 Comprehensive Plan Amendments 2012: Part A. 2) C-12-01 Lands of Cornelia Jones Building Partnership at 223 South State Street – Public Hearing and Review of a Conditional Use to allow for the use of the existing building as a multiple dwelling (a building containing more than two dwelling units). The parcel is zoned RGO (General Residence and Office Zone). The property is also subject to H (Historic District Overlay Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of South State Street south of Loockerman Street. The owner of the property is Barrister Properties T/A Cornelia Jones Building Partnership. Address: 223 South State Street. Tax Parcel: ED05-077.09-05-04.00-000. Council District 4. 3) C-12-02 Lands of Paula Kinsey at 224 North State Street – Public Hearing and Review of a Conditional Use to allow for a restaurant specifically a tea house on the first floor of the house as an accessory use incidental to the principal residence. The parcel is zoned RG-1 (General Residence Zone). The property is located within the Victorian Dover Historic District of the National Register of Historic Places. The property is located on the west side of North State

City of Dover Planning Commission REVISED Agenda Public Hearing: March 19, 2012 Page 3 of 3 Street south of Mary Street. The owners of the property are George and Paula Kinsey. Address: 224 North State Street. Tax Parcel: ED05-068.17-02-49.00-000. Council District 3. 4) S-12-02 DelTech Science and Engineering Technology Building Addition – Public Hearing and Review of a Site Development Plan to allow for the construction of a 4,178 S.F. addition to the existing Science and Engineering Technology building on the campus of Delaware Technical & Community College: Terry Campus. The subject parcel of land is zoned IO (Institutional/Office Zone). The property is located on the west side of North DuPont Highway north of Scarborough Road. The owner of record is State of Delaware - Delaware Technical & Community College. Address: 100 Campus Drive. Tax Parcel: ED05-057.00-01-01.00-000. Council District 4. 5) Request to postpone consideration of application S-12-03 and reschedule for April 2012 S-12-03 Garrison Energy Center at Garrison Oak Technical Park – Public Hearing and Review of a Site Development Master Plan to allow for the construction of combined cycle electric generating facility (natural gas as primary fuel) in two (2) phases located on Lot 7 in the Garrison Oak Technical Park. The subject parcel is zoned IPM-2 (Industrial Park Manufacturing Zone – Technology Center) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the north side of White Oak Road east of State Route 1. The owner of the property is the City of Dover. The lessee is Garrison Energy Center, LLC (Calpine Corporation). Address: 1499 White Oak Road. Tax Parcel: Part of LC-05- 068.00-01-03.00-000. Council District 3. Waivers Requested: Elimination of Curbing; Partial Elimination of Sidewalk (Internal Connections); Alternative for Opaque Barrier; and Consideration of Tree Mitigation Plan ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted: Original Agenda 3/9/2012 11:00 am Posted Revised Agenda 3/19/2012 12:50 pm