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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, September 18, 2017– 7:00 P.M.
City Hall, City Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
ADOPTION OF MINUTES OF REGULAR MEETING of August 21, 2017
ADOPTION OF MINUTES OF QUARTERLY WORKSHOP of August 23, 2017
COMMUNICATIONS & REPORTS
1) The Annual Meeting of the Planning Commission typically held in July including the
election of Chairman and Vice Chairman will be scheduled for a future meeting upon
completion of the appointment process for Commission members.
2) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY,
October 16, 2017 at 7:00pm in the City Council Chambers.
3) Update on City Council Actions
4) Update from Planning Office
5) Education and Training Opportunity
a. IPA Planning Education Series 2017
i. Planning 207: The Housing Demographic Realignment: Solving the Millennial
Puzzle in Delaware to be held September 29, 2017, 9am to Noon at the Paradee
Center
OPENING REMARKS CONCERNING APPLICATIONS
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
2) MI-17-06 Updated DRAFT Preliminary Land Use Services (PLUS) Memorandum of
Understanding – Action on Planning Commission Recommendation for Updated
Memorandum of Understanding (MOU) for Preliminary Land Use Service (PLUS). The
Draft MOU document was presented and discussed at the Planning Commission Quarterly
Workshop on August 23, 2017.
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City of Dover Planning Commission Agenda
Public Hearing: September 18, 2017
Page 2 of 2
NEW APPLICATIONS
1) MI-17-02 Text Amendments: Zoning Ordinance, Article 5 and Article 6 – Public Hearing
and Review for Recommendation to City Council on a series of Text Amendments to the
Appendix B: Zoning Ordinance, Article 5 – Supplementary Regulations and Article 6 – Off-
Street Parking, Driveways and Loading Facilities. The proposed Ordinance updates various
sections in order to enhance the flexibility of the code in several areas, including dumpster
requirements, screening and buffer requirements (Arterial Street Buffer and Opaque Barrier),
tree planting requirements, and curbing requirements. The proposed Ordinance also adds
requirements for recycling to Article 5, Section 6 and rewrites Article 5, Section 18 –
Sidewalk requirements to address pedestrian, bicycle and multi-modal access requirements
and to allow the City to require multi-use paths instead of frontage sidewalks under specific
circumstances. Ordinance #2017-12.
A copy of the Proposed Ordinance #2017-12 is available on the City’s website
www.cityofdover.com under the Government Heading: Ordinances, Resolutions &
Tributes. https://www.cityofdover.com/ordinances-and-resolutions
The Legislative, Finance, and Administration Committee reviewed the proposed Text
Amendments on August 15, 2017 and First Reading was completed before City
Council on August 28, 2017. The Public Hearing and Final Reading before City
Council is scheduled for October 9, 2017.
NEW BUSINESS
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 Agenda: posted September 8, 2017
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CITY OF DOVER PLANNING COMMISSION
AUGUST 21, 2017
The Regular Meeting of the City of Dover Planning Commission was held on Monday, August
21, 2017 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding.
Members present were Mr. Holden, Mr. Roach, Mr. Holt, Mr. Baldwin, Dr. Jones, Mrs. Welsh,
Ms. Maucher and Mr. Tolbert. Ms. Edwards was absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mr.
Eddie Diaz, Mr. Julian Swierczek and Mrs. Kristen Mullaney. Also present were Mr. Bill
McPoyle, Ms. Jocelyn Jones, Mr. Chuck Speigleman, Mr. Nicholas Patel, Mr. Marion Lott, Mrs.
Mary-Beth Johnson, Mr. Gregory Fusco and Mr. James Medved. Speaking from the public were
Ms. Amelia Howard and Mr. Victor Giangrant.
APPROVAL OF AGENDA
Mr. Holt moved to approve the agenda as submitted, seconded by Dr. Jones and the motion was
unanimously carried 8-0 with Ms. Edwards absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JULY 17,
2017
Mr. Baldwin moved to approve the Planning Commission Meeting minutes of July 17, 2017,
seconded by Mr. Holt and the motion was unanimously carried 8-0 with Ms. Edwards absent.
COMMUNICATIONS & REPORTS
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on July 24 & 25, 2017 and August 7 & 8, 2017.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
meeting.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
NEW BUSINESS regarding Applications
1) S-17-22 McPoyle Site at 575 North DuPont Highway: Waiver Request – Review and
Consideration of a Waiver Request for the Elimination of Upright Curbing associated with
the Administrative Site Plan for the McPoyle Site at 575 North DuPont Highway. The project
is located on the east side of North DuPont Highway south of Jefferic Boulevard and is zoned
C-4 (Highway Commercial Zone). The owner of record is William McPoyle. Tax Parcel:
ED-05-068.09-01-23.00-000. Council District 3.
Representatives: Mr. Bill McPoyle, owner
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Mr. Diaz stated that this project is to construct a new 3,300 SF parking lot. The site is on the east
side of North DuPont Highway, south of Jefferic Boulevard and is addressed as 575 North
DuPont Highway. The site is zoned C-4 (Highway Commercial Zone). The property is the site of
a State Farm Insurance Office and is to remain the principal use of the property. The proposed
parking lot is intended for use by the employees only. This project is going through
Administrative Site Plan review due to the small size of the impervious surface being added. The
only item the Planning Commission needs to act on is the applicant’s waiver request. The
applicant is asking to waive the requirement for curbing around the parking lot in order to avoid
changing the stormwater drainage patterns on the site. Based on the practice of granting waivers
for curbing for stormwater management purposes, Staff is recommending approval of the waiver
request. As a standard practice for this kind of waiver, Staff is recommending that parking
bumpers be provided instead of curbing at the heads of the parking spaces.
Mr. McPoyle stated that he is very much in agreement with what was just heard.
Mr. Holt questioned if the parking bumpers in lieu (of curbing) for the stormwater would be
okay with the applicant? Responding to Mr. Holt, Mr. McPoyle stated that he is not an architect.
He is here to stand in for him. He thinks that the bumpers are perfect. He doesn’t mind at all
putting them at the head of each parking space.
Mr. McPoyle stated that at one of his sites, he has pretty cool parking bumpers that are not
concrete. They are made out of a heavy plastic with spikes in them and just go right into the
ground. Would that suffice or do they need to make concrete bumpers? Responding to Mr.
McPoyle, Mr. Diaz stated that they do not have any restrictions on the material.
Mr. Holden moved to approve S-17-22 McPoyle Site at 575 North DuPont Highway: Waiver
Request to remove the requirement for upright curbing and in lieu of require parking bumpers,
seconded by Mr. Holt and the motion was carried 8-0 by roll call vote with Ms. Edwards absent.
Mr. Holden voting yes; as it is a common-sense approach to address the site constraints. Mr.
Roach voting yes. Mr. Holt voting yes; he thinks everything looks good and the owner has agreed
with the parking bumpers. Mr. Baldwin voting yes; for the reasons previously stated. Dr. Jones
voting yes; based upon the previous comments and the applicant is in concert with the
recommendation. Mrs. Welsh voting yes; the request is in compliance with previous curbing
eliminations. Ms. Maucher voting yes; for the proper handling of stormwater runoff. Mr. Tolbert
voting yes; the applicant has represented himself in a favorable way and he is willing to
cooperative with Staff with any questions, concerns or requests that they may make.
NEW DEVELOPMENT APPLICATIONS
1) Z-17-04 Lands of Sarah Jones at 826/828 Forest Street – Public Hearing and Review for
Recommendation to City Council on the rezoning of one parcel of land totaling 0.5
acres+/- located on the south side of Forest Street between Gibbs Drive and Lincoln
Street. The property is zoned RG-1 (General Residence Zone) and subject to the COZ-1
(Corridor Overlay Zone). The proposed zoning is C-1A (Limited Commercial Zone) and
subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Sarah E. Jones.
Property Address: 826/828 Forest Street. Tax Parcel: ED-05-076.12-01-16.00-000.
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Council District 4. Ordinance #2017-10. For this zoning map amendment, the First
Reading was completed on July 24, 2017. Public Hearing before the Planning Commission
is scheduled for August 21, 2017, and Final Reading/Public Hearing is scheduled before
City Council for September 11, 2017. This application is associated with item MI-16-13:
Nonconforming Uses in Residential District. The Rezoning is proposed in order to comply
with City Council action requiring the sunsetting of nonconforming uses in residential
zones.
Representatives: Ms. Jocelyn Jones, E&J West Dover Liquors
Mrs. Melson-Williams stated that this application is a rezoning application. It is in regards to the
property located at 826 Forest Street. The store on the property is also addressed as 828 Forest
Street. The property is on the south side of Forest Street between Gibbs Drive and Lincoln Street.
Currently, the present zoning of the property is RG-1 (General Residence Zone) and it is subject
to the COZ-1 (Corridor Overlay Zone). The application before us this evening seeks a zoning
classification of C-1A (Limited Commercial Zone) with the property remaining subject to the
COZ-1 (Corridor Overlay Zone). The reason for the request is to allow the existing use which is
a retail establishment of a liquor store to remain on the site instead of sunsetting due to its
nonconforming use status in the residential zone. As mentioned, the property is currently zoned
RG-1 (General Residence Zone) and the Planning staff has been working through a project City
wide to identify non-residential uses that are non-conforming that happen to be located on
properties that are zoned residentially. It is the location of a retail store; specifically the E&J
West Dover Liquors which has been that for a number of years at the existing building on the
site. This application does not involve any construction or redevelopment of the property. It is
strictly about the zoning classification of the property. Surrounding the site is really a mix of
residential zoning classifications as well as some nearby commercial zones including C-1
(Neighborhood Commercial Zone), C-1A (Limited Commercial Zone) and also C-3 (Service
Commercial Zone). Most of the commercial zones are specifically across the street from this
property. With all rezonings, we have to look at the Comprehensive Plan and the Comprehensive
Plan for this area identifies the appropriate land use classification as Mixed Use. When they refer
to the land-use and zoning matrix, the classification of C-1A (Limited Commercial Zone) is in
compliance with the Comprehensive Plan. Specifically, the types of uses that are allowed in the
C-1A (Limited Commercial Zone) include retail stores, personal service establishments,
restaurants, and a variety of types of offices. It does allow for one-family residences and
apartments and multi-family dwellings as permitted uses. There are some conditional uses that
are allowed through a specialized process and then several uses that are specifically prohibited
which in this case would include a prohibition of fuel pumps and any kind of motor vehicle
storage, sales or repairs in that C-1A (Limited Commercial Zone) classification. The property is
also subject to the COZ-1 (Corridor Overlay Zone) and this is a zone that adds a series of
architectural, parking and landscaping guidelines should re-development of the property be
anticipated.
With this application, the Planning Staff is supporting the rezoning request from RG-1 (General
Residence Zone) to C-1A (Limited Commercial Zone) noting that the C-1A (Limited
Commercial Zone) is the lowest density zoning classification that would permit this type of retail
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store within the zone. They also recommend that the property remain subject to the COZ
(Corridor Overlay Zone). They have a number of advisory comments to the applicant including a
notation that currently the property taxes are delinquent on this property. That is an item that
must be taken care of before City Council can take final action on this specific property and its
rezoning request. There are comments from the participating Development Advisory Committee
agencies but most of those comments indicate no objection to the rezoning of the property. They
just identify some advisory comments should re-development in the future be anticipated by the
property owner. Tonight, the Planning Commission is making a recommendation in regards to
the rezoning of the property. The Planning Commission’s recommendation after the public
hearing will be forwarded to City Council. City Council will conduct their own public hearing
and take all of the items and information under consideration before they take final action on the
rezoning.
Mr. Holt questioned if there have been any problems or difficulties with the liquor store in that
neighborhood or from the neighbors? Responding to Mr. Holt, Mrs. Melson-Williams stated that
Planning Staff did have several people that did come in to inquire about the application that was
filed because they received notice but they did not seem to indicate any issues with the property
itself. There is public here this evening that you may hear from. The types of code violations that
the property has had over the years have been related to licensing requirements for being slightly
late on their Business License for the year and things of that nature.
Mr. Tolbert stated that the review process cannot be completed as long as taxes are delinquent.
Will any action that the Planning Commission takes be impacted by the outstanding taxes that
are due? Responding to Mr. Tolbert, Mrs. Melson-Williams stated that the indication from the
Planning Staff is that they are continuing to move it through the process in hopes that the
applicant will take care of that before they get to the final step in the process which is action by
City Council. When this application initially started the review process, taxes were not yet due
and they were due by July 31, 2017 which was mid-way through the process. The portion of the
Ordinance that they are referring to is the Clean Hands Provisions of the Dover Code of
Ordinances which require applications, permits, licenses and the like to be current with all
obligations to the City and that would include paying taxes.
Ms. Jocelyn Jones stated that she was here on behalf of E&J West Dover Liquors and she is in
agreement with the review that was just heard.
Mr. Tolbert opened a public hearing.
Ms. Amelia Howard – 814 Forest Street Dover DE 19904
Ms. Howard stated that she has no problem with them rezoning the liquor store which is 828
Forest Street but 826 Forest Street used to have a house there and is residential. Why can’t that
property remain residential and 828 Forest Street go to commercial? If they rezone it and the
property is sold then you don’t know what’s going to be put there.
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Responding to Ms. Howard, Mrs. Melson-Williams stated that the information that they have
indicates that the property is one large property. It is not two separate lots meaning that the store
on one lot and where the house was is on another lot. The City’s records indicate that it is one
large tract of land and they typically rezone the entire parcel. The C-1A (Limited Commercial
Zone) that they are seeking does allow for a single-family residence or for an apartment or multi-
family building as a use on the property. So that vacant area could still be used as residential
under the proposed zoning if that is successful.
Ms. Howard stated that she doesn’t have a problem with that being a residential area. She just
doesn’t want them to expand out with a bigger liquor store or something like that because they
have a lot of traffic on that street. Most of the time she has to go east to a back street to go west
from her house and so do her neighbors. If they put something bigger there it’s going to be even
more congested.
Responding to Ms. Howard, Mr. Tolbert stated that if they want to put something bigger there at
some point, they are going to have to come before this Commission and everyone will have an
opportunity to address that issue at that time.
Mr. Victor Giangrant – Westside Car Wash 805 Forest Street Dover DE 19904
Mr. Giangrant stated that he owns Westside Car Wash. They are adjacent to the liquor store. It is
quite interesting working next to a liquor store. He picks up beer cans and whiskey glass every
day. His customers get panhandled every day. There are people hanging out along side of the
liquor store in a drunken stupor yelling and screaming obscenities. It’s a tough place to do
business when you have that type of environment so he is against it. Although he is pro-business,
he doesn’t think that a liquor store is the proper place in a residential area in his opinion.
Mr. Tolbert closed the public hearing.
Dr. Jones questioned if the applicant understands and accepts the concern about the taxes, that it
will not go further in all probability? Responding to Dr. Jones, Ms. Jones stated yes.
Mr. Tolbert stated that he would like to hear the applicant’s response to Mr. Giangrant’s
concerns. Responding to Mr. Tolbert, Mr. Jones stated that she has not had any complaints and
there hasn’t been any beer cans or bottles around the area of the liquor store. His employees
drink there very much so the empty cans and bottles are on his side. She hasn’t had anyone
yelling in a stupor or drunk on the side of the store so she hasn’t had any complaints. Also, this
store has been here for over twenty years. Even before her family became the owners, the store
was there for fifteen years prior. There were two owners before them.
Mr. Tolbert stated that the only reason that he brought it up was that he wanted her to be aware
of a complaint that’s being made. He also wants to state that if the complaint is valid then it
should be brought to the attention of the police so that they can look into that matter. The
Planning Commission can’t come out and police that area so you have an obligation to bring it to
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the attention of the police or also talk to the owner of the establishment to come to an agreement
as to what is going to be done about it.
Dr. Jones moved to recommend approval to City Council for Z-17-04 - Lands of Sarah Jones
826-828 Forest St for the rezoning request from RG-1 (General Residence Zone) to C-1A
(Limited Commercial Zone) and to retain the zoning of the COZ-1 (Corridor Overlay Zone),
seconded by Ms. Maucher and the motion was carried 8-0 by roll call vote with Ms. Edwards
absent. Mr. Holden voting yes, due to Staff comments and the long standing history of the
property utilized as currently. Mr. Roach voting yes. Mr. Holt voting yes; due to the last standing
history of the property and hopefully something can be worked out with the car wash next door to
resolve the problem. Mr. Baldwin voting yes; it fits within the zoning of that area. Dr. Jones
voting yes; for previous reasons stated. Mrs. Welsh voting yes; as the rezoning brings the
property in compliance with City Council’s request for sunsetting of non-conforming uses. Ms.
Maucher voting yes; as it eliminates a non-conforming use property. Mr. Tolbert voting yes; the
application brings the applicant into compliance with the City Code.
Mrs. Melson-Williams stated that this application will next be heard at the City Council meeting
on September 11, 2017. It is also subject to public hearing at that meeting as well.
2) Z-17-05 Lands Bennie Smith Real Estate, LLC at 870-872 Forest Street – Public Hearing
and Review for Recommendation to City Council on the rezoning of one parcel of land
totaling of 0.7473 acres (32,552 S.F.) of area. The property is currently zoned C-1A
(Limited Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The
proposed zoning classification is IO (Institutional & Office Zone) and subject to the COZ-1
(Corridor Overlay Zone). The property known as 870-872 Forrest Street is situated on the
south side of Forest Street and east of Gibbs Drive. The owner of record is Bennie Smith
Real Estate, LLC. The equitable owner is St. Nicholas Ukrainian Orthodox Mission. Tax
Parcel: ED-05-076.12-01-08.00-000. Council District 4. Ordinance #2017-11. For this
zoning map amendment, the First Reading was completed on July 24, 2017. Public Hearing
before the Planning Commission is scheduled for August 21, 2017, and Final
Reading/Public Hearing is scheduled before City Council for September 11, 2017.
Representatives: Mr. Chuck Speigleman, McGinnis Real Estate
Mr. Holt recused himself from this application. (As his wife is a member of the proposed church
tenant.)
Mrs. Melson-Williams stated that this application is a rezoning that is located at 870-872 Forest
Street. This location is on the south side of Forest Street closer to Gibbs Drive. The property
has two existing buildings on it. Currently, the front building is utilized as an office building
and the building at the rear is a day care center. The present zoning of the property is C-1A
(Limited Commercial Zone) and it is subject to the COZ-1 (Corridor Overlay Zone). This
proposal is a request to rezone to IO (Institutional and Office Zone) and remain subject to the
COZ-1 (Corridor Overlay Zone). The reason for the request is to allow for the establishment of
new uses in the building that is closest to Forest Street. The intended uses are a place of
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assembly as a place of worship with associated school and business office functions for that
facility. The property is just over 32,000 SF in size and extends to the south of Forest Street.
This property has been through several rezoning and site development applications over the
years. It was originally zoned RG-1 (General Residence Zone) and then in 2003 was rezoned
to CPO (Commercial Professional Office Zone). After which time the day care center was
developed through a Conditional Use process and then in 2012 the property was rezoned from
CPO (Commercial Professional Office Zone) to C-1A (Limited Commercial Zone) with the
intent to include some retail uses in that initial building. Today, the Commission is considering
the request to IO (Institutional and Office Zone).
Like the previous property, this one is surrounded by a variety of residential uses and zoning
classifications with some residential specifically to its south, west and east. The bulk of the
commercial in the area is located across Forest Street. The Comprehensive Plan for this area
shows the land-use classification as Mixed Use. The IO (Institutional and Office Zone) is an
appropriate zoning classification for that land-use category. The types of uses that would be
allowed in the IO (Institutional and Office Zone) include a variety of offices, banks and research
and development laboratories. It also includes a variety of public and institutional uses which
include things like schools and places of public assembly and also day care centers. There are
some items that would be a Conditional Use application should they be pursued and there are
some uses that are specifically prohibited in the IO (Institutional and Office Zone) and that
would include landfills and dumps. The property is currently subject to the COZ-1 (Corridor
Overlay Zone) and that would remain with the rezoning request. As noted, the COZ-1 (Corridor
Overlay Zone) is more related to the redevelopment of a site because it focuses on architectural,
parking, and landscaping guidelines for development activities.
With this application, the Planning Staff is recommending that the rezoning be granted from
the C-1A (Limited Commercial Zone) to IO (Institutional and Office Zone) as it is consistent
with the Comprehensive Plan as a fitting Mixed Use classification. They also recommend that
it remain subject to the COZ-1 (Corridor Overlay Zone) for any future re-development.
Planning Commissioners may note that this property also had a slight issue with its property
taxes as of July but the property taxes have been paid for this specific property location. The
DAC Report goes on to provide comments from the other participating agencies which have no
objection to the rezoning; they just provide some guidance should re-development activities be
anticipated at the site including new uses that may occupy the buildings on the site. The
Planning Commission is making a recommendation to City Council on the applicant’s request
to seek the zoning classification of IO (Institutional and Office Zone) and remaining subject to
the COZ-1 (Corridor Overlay Zone).
Dr. Jones recused herself from this application. While she is not on a regular payroll of the
property owner but occasionally she is called (Bennie Smith Funeral Services).
Mr. Speigleman stated that he agrees with the statements made by Mrs. Melson-Williams. Their
office represents Mr. Bennie Smith, the property owner as well as Saint Nichols Ukrainian
Orthodox Mission, the applicant. The applicant is present here tonight and they are requesting
the rezoning of the property from its current zoning with Staff recommendation to allow a place
of worship and a business office in an existing building while at the same time maintaining the
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existing day care facility located on the property.
Mr. Tolbert questioned if Mr. Speigleman agreed with Staff’s comments and would work
collaboratively with them? Responding to Mr. Tolbert, Mr. Speigleman stated yes.
Mr. Roach stated that he knows that the day care has been operating. Is the applicant planning
on opening the place of worship in the front building and then closing the day care or will they
be having that in conjunction with the place of worship or will it be a whole separate entity
being run differently? Responding to Mr. Roach, Mr. Speigleman stated that currently the day
care is going to remain a day care. The front building will be changed. There are no
development plans at this time.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Maucher moved to recommend approval to City Council for Z-17-05 Lands of Bennie
Smith Real Estate LLC 870-872 Forest Street for the change in zoning from C-1A (Limited
Commercial Zone) to IO (Institutional and Office Zone) with the property remaining subject
to the COZ-1 (Corridor Overlay Zone), seconded by Mrs. Welsh and the motion carried 6-0
with Mr. Holt and Dr. Jones recused and Ms. Edwards absent. Mr. Holden voting yes; due to
Staff comments and the recommended rezoning is in compliance with the Comprehensive
Plan and lack of public opposition. Mr. Roach voting yes. Mr. Baldwin voting yes; based on
the previous statements. Mrs. Welsh voting yes; the rezoning brings the property into
compliance with the City’s Comprehensive Plan. Ms. Maucher voting yes; for reasons
previously stated. Mr. Tolbert voting yes; the applicant is willing to work collaboratively with
Staff and the application is in compliance with the Comprehensive Plan.
Mrs. Melson-Williams stated that this application will next be heard at the City Council meeting
on September 11, 2017. It is also subject to public hearing at that meeting as well.
3) C-17-03 Residence at 91 Saulsbury Road Conditional Use Review – Public Hearing and
Conditional Use Review to permit conversion of an existing 1,360 SF two-story structure
into residential use. The property consists of an 8,036.6 S.F. +/- parcel (0.1845 acres).
The property is zoned CPO (Commercial and Professional Office Zone) and is subject to
the COZ-1 (Corridor Overlay Zone). The property is located on the east side of Saulsbury
Road and north of Carver Road. The owner of record is 91 Saulsbury Rd, LLC. Property
Address: 91 Saulsbury Road. Tax Parcel: ED-05-076.07-01-47.00-000. Council District 4.
Representatives: Mr. Nick Patel, Elliott Surveying; Mr. K.C. Sheth, owner
Mr. Swierczek stated that C-17-03 is an application for a Conditional Use review to permit
conversion of an existing 1,360 SF two story structure from an office use to a one family
residence. The site is located on the east side of Saulsbury Road north of Carver Road and is
addressed 91 Saulsbury Road. It is zoned CPO (Commercial and Professional Office Zone) and
is subject to the COZ-1 (Corridor Overlay Zone) requirements. The COZ-1 (Corridor Overlay
Zone) is designed to foster an attractive, efficient and economically vibrant commercial corridor
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along Saulsbury Road. In considering this, the Planning Office would like to emphasis that this is
an existing building. This lot also has three mature trees which means that it already meets its
tree requirements. A one-family residence has a required minimum of one off-street parking
space. The property currently has five off-street parking spaces and one handicapped space.
There is already an existing one way entrance to the site with the entrance and exit being
separate but both onto Saulsbury Road. There is also a sidewalk already installed along the
Saulsbury Road frontage.
The application is for a Conditional Use as the proposed use as a one family residence is
permitted in the CPO (Commercial and Professional Office Zone). In a Conditional Use
application, the Planning Commission is to consider whether or not the planned use is
appropriate in type and scale for the immediate neighborhood and fostering a sense of harmony
in location, size and character. The Planning Commission should also consider whether the
proposed use will have an adverse impact on the future or the redevelopment of the surrounding
area. The Planning Office has noted some minor revisions to the plan but is making no specific
recommendations as the applicant purposes no exterior changes. Therefore, the Planning
Commission is simply looking at the Conditional Use application for use of the existing building
as a one family residence.
Mr. Patel stated that he is in agreement with everything that the Planning Staff has said about the
property. They are looking to seek approval of a Conditional Use to allow for the single family
residential tenant. With the comments made forth, they are also willing to work with the
Department to meet all of the requirements that are necessary in regards to having this approved.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mr. Holt moved to approve C-17-03 Residence at 91 Saulsbury Road Conditional Use Review,
based on there being no objections, seconded by Mrs. Welsh and the motion was carried 8-0 by
roll call vote with Ms. Edwards absent. Mr. Holden voting yes; due to the lack of public
opposition and compliance as a Conditional Use under the current zoning. Mr. Roach voting
yes; it’s adding much needed property in the area with so many schools and it also meets the
requirements as it pertains to parking and it is in compliance with the COZ-1 (Corridor Overlay
Zone) requirements for the tree plantings and everything in that nature. Mr. Holt voting yes; it is
compliance with City codes. Mr. Baldwin voting yes. Dr. Jones voting yes; based upon previous
observations and comments. Mrs. Welsh voting yes; the request is in compliance with the
Conditional Use of the area. Ms. Maucher voting yes; for reasons previously stated. Mr. Tolbert
voting yes; he sees no reason to deny the request.
4) C-17-04 House of Pride Offices at 45 South New Street – Public Hearing and Conditional
Use Review to convert an existing one-family dwelling structure into a philanthropic use as
the administrative facility (offices) for House of Pride. The property consists of a 9,090 SF
+/- parcel. The property is zoned RG-1 (General Residence Zone). The property is located
on the east side of South New Street, north of Reed Street, and south of Division Street.
The owner of record is House of Pride, Inc. Property Address: 45 South New Street. Tax
Parcel: ED-05-077.05-03-05.00-000. Council District: 4.
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CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2017
Representatives: Mr. Marion Lott, House of Pride; Mrs. Mary-Beth Johnson, House of Pride
Mr. Diaz stated that this project is to convert an existing one-family residence into offices for the
House of Pride. The site is located on the east side of South New Street north of Reed Street and
is addressed as 45 South New Street. The site is zoned RG-1 (General Residence Zone) and the
proposed use would be conditionally permitted as a philanthropic use. So, because this
application is for a Conditional Use, the Planning Commission should discuss with the applicant
today, the details of the proposed use and ask for conditions as appropriate in order to make sure
that the project remains appropriate for the size and scale of the neighborhood and there will not
be any adverse effects on neighboring properties.
In Staff’s discussions with the applicant, they learned that the intended hours of operation for the
site are 8:00AM to 5:00PM on week days and 8:00AM to 1:30PM on Saturdays and the
occupancy of the building at any one time would not exceed six people. Planned activities at the
office include but are not limited to paying bills, holding group sessions, writing reports and
conducting community service. Because the site is being converted to an office, it is a change of
occupancy and there are some requirements by other agencies related to the physical conversion
of the building into an office. For Planning, Staff has a number of recommendations on
conditions that the Commission could ask for as part of the approval of this project. The first is
that the property maintain two off-street parking spaces in the existing driveway. The second is
that the applicant install at least one bicycle parking space on the property. The third is that the
use of the property as an overnight shelter be prohibited. The fourth is that no changes be made
to the exterior of the building that would alter its appearance as a residential structure. The fifth
is that any new outside utilities or air conditioning equipment required as part of the conversion
of the building would be screened from public view. The sixth requirement is that any granted
Conditional Use for it be periodically renewed. Specifically, they would recommend that the
application come back to the Planning Commission in a year’s time to ensure that any asked for
conditions are being complied with.
Mr. Roach questioned if any of the men that used to stay at this location are being displaced or
being moved to another location? Responding to Mr. Roach, Mr. Lott stated that there is no
resident living in this building. It was one of the buildings that was renovated so they didn’t have
anyone living here.
Ms. Maucher questioned how many employees will there be? Responding to Ms. Maucher, Mr.
Lott stated that they have four and they are all volunteers.
Mr. Tolbert questioned if the four employees were full time? Responding to Mr. Tolbert, Mr.
Lott stated that the employees were all volunteers.
Mr. Lott stated that they are in agreement with the conditions and also with the overview from
Staff.
Mr. Tolbert questioned if that meant that they would work collaboratively with any
recommendations that Staff makes? Responding to Mr. Tolbert, Mr. Lott stated that was correct.
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CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2017
Mrs. Johnson stated that she is the property manager for the House of Pride. She is 100%
volunteer and has been there since 2010. By them having the ability to be there, it is a very big
deterrent to people wanting to sell drugs even though that is a very bad area. During their hours
of operation when she and Mr. Lott are walking around, it deters people from doing it because
when they see them coming they know that she is a “cop caller.” When she sees something, she
says something. They are just trying to do their best to try to clean up that area and she thinks
with them being there 8:00AM to 5:00PM everyday it at least deters them for that long of a
period.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mrs. Melson-Williams stated that for the record, distributed to the Commissioners was a hand
out that consisted of a series of Google Map images. Specifically, they are street views of South
New Street that shows the subject property both in aerial view and then the two views focused on
the two-story structure itself that is on the subject property at 45 South New Street.
Mr. Holden moved to approve C-17-04 House of Pride Offices at 45 South New Street to include
Staff recommendations for conditions of approval Numbers 1 through 6 with Number 6 being an
annual renewal of the Conditional Use permit, seconded by Mr. Holt and the motion was carried
8-0 by roll call vote with Ms. Edwards absent. Mr. Holden voting yes; including the Staff
recommended comments and due to lack of public opposition. Mr. Roach voting yes; he wants to
say thank you for the work that they are doing in the community to make Dover better. Mr. Holt
voting yes; it’s a nice looking house, it meets the Conditional Use plans and it will be an asset to
the neighborhood. Mr. Baldwin voting yes; for all of the reasons stated. Dr. Jones voting yes; for
previous reasons stated and in her own summary, she thinks that it’s a great improvement to
continue to improve the climate in the area as well as the productivity in the area. Mrs. Welsh
voting yes; she is familiar with the House of Pride and what they do and she thanks them very
much for all that they do. Ms. Maucher voting yes; the Zoning Ordinance allows this kind of
Conditional Use and it furthers a good use for the property. Mr. Tolbert voting yes; the applicant
has expressed their willingness to work collaboratively not only with the Staff but also with the
police if necessary in order to make the neighborhood better. He thinks that they have people
that will accomplish those goals.
5) S-17-23 Kent Pediatrics at 53 Roosevelt Avenue – Public Hearing and Review of a Site
Development Plan application to permit construction of a 2,520 S.F. one-story medical
office building and associated site improvements. The property consists of a 15,350 S.F.
+/- parcel (0.36 acres) and is zoned C-4 (Highway Commercial Zone). The property is
located on the north side of Roosevelt Avenue and west of South DuPont Highway. The
owner of record is JCD Investments, LLC. Property Address: 53 Roosevelt Avenue. Tax
Parcel: ED-05-077.17-05-73.00-000. Council District 2. Waiver Requests: Alternative
Format of Opaque Barrier; Elimination of Sidewalk Requirement; and Partial Elimination
of Curbing Requirement. This property is the subject of variance applications V-17-05
approved by the Board of Adjustment on February 15, 2017 and V-17-11 approved on
April 19, 2017. The variances granted were to allow an increase in parking and to reduce
the rear yard setback requirement.
11
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CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2017
Representatives: Mr. Gregory Fusco, Key Engineering; Mr. James Medved, Kent Pediatrics
Mr. Diaz stated that this project is to construct a 2,520 SF medical office building that will be a
new home for Kent Pediatrics. The project is to be constructed on the north side of Roosevelt
Avenue west of South DuPont Highway and is addressed as 53 Roosevelt Avenue. The site is
zoned C-4 (Highway Commercial Zone). This is a tight site; about 1/3 of an acre. There have
been a few steps necessary to prepare the site for development. The site has been to the Board of
Adjustment two times. First, to increase the maximum allowable number of parking spaces and a
second time to decrease the minimum rear setback of the property. Before the site is developed it
will need to be cleared and the applicant is also working with the City’s Public Works
Department to determine the best strategy for gaining access to the site in terms of the type of
entrance that it should have and what the appropriate signage and striping on the street should be.
Overall, the site design is pretty simple. The building is towards the back of the site and there is
parking in the front. There are stormwater management areas in the rear and front yards. The
building features a prominent front entrance door and an employee entrance on the west side. It
also features relatively small windows in front for patient privacy.
There are three waiver requests. The first is for the alternative format of the opaque barrier
requirement. An opaque barrier is required along the rear property line of the site because it is
adjacent to residential uses. The applicant would like to plant the landscape component of the
barrier on their property side of the fence due to ease of maintenance concerns. Staff is
recommending approval of this waiver. The second waiver request is for frontage sidewalk. They
are asking for a waiver due to lack of adjoining sidewalk on adjacent properties as well as the
need to convey an easement to the City for its construction and the difficulty of constructing the
sidewalk and the tight space on the west side of the driveway. Staff is recommending a partial
waiver here to address the sidewalk on the west side of the driveway. They are not
recommending a full waiver because they believe that a full sidewalk will eventually be available
to this property coming from the east from the highway. Public Works is willing to accept the
easement. The third waiver request is for the partial elimination of curbing on the property. The
applicant is asking for this waiver to allow easier conveyance of stormwater to the stormwater
management facilities both from their site and the neighboring property to the west. Staff is
recommending approval of this waiver and the applicant is already proposing the parking
bumpers that Staff normally requests as a condition of granting this waiver. Again, Staff
recommendations are for approval of the opaque barrier alternative format waiver, partial
approval of the sidewalk waiver to waive only the sidewalk on the west side of driveway and
approval of the curbing waiver.
Mr. Holt questioned if there is a stormwater pond or an underground holding area there for the
stormwater run-off? Responding to Mr. Holt, Mr. Diaz showed a display of areas both in the
front and rear of the property where the stormwater management facilities are located.
Mr. Fusco stated that they are in agreement with the report prepared by Mr. Diaz. Mr. Diaz and
other Staff have been very helpful to them with this application. There is one thing that they
would like to point out with regard to the sidewalk waiver that they are requesting. Their plan in
12
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CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2017
fact does proposed sidewalk. In order for them to actually construct the sidewalk, they would be
providing a five foot wide easement on their property for the construction of the sidewalk which
the applicant was willing to do when they submitted it. He would just like the Commission to
understand and consider the seven or eight properties to the west of this particular site that are all
residential in nature. They are all owned by individual property owners. The Town would also
have to obtain five foot wide easements from those individual property owners in order to have
someone construct sidewalk and continue the sidewalk down Roosevelt Avenue to the west.
Being a municipal engineer over the last thirty-five years, one of the hardest things that he has
ever encountered is knocking on people’s doors and asking for easements whether it be for
sidewalk or utilities or multiple purpose paths; it takes a long time. He just questions
understanding the fact that if they did construct the sidewalk and it was approved in that manner
and the waiver wasn’t granted, how long this site would stand by itself with the sidewalk in front
of it without sidewalk being constructed elsewhere in the community. Other than that they have
worked diligently with Mr. Diaz and requested the waivers that his Staff supports. They are
willing to comply with all of the review letters and comments that the other particular divisions
of the City have offered in order for them to complete the Site Plan.
Mr. Holden questioned if he understands correctly that the applicant would prefer to grant an
easement for a sidewalk in the future but not construct the sidewalk now? Responding to Mr.
Holden, Mr. Fusco stated that they could certainly do that; it would make sense.
Ms. Maucher questioned if there were sidewalks on the other side of the street? Responding to
Ms. Maucher, Mr. Fusco stated that there are sidewalks for the full length of Roosevelt Avenue
(on the south).
Mr. Holt stated that it is a nice looking building. He was looking at the layout and the sketches
and they did a good job on it.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mr. Holden moved to approve S-17-23 Kent Pediatrics at 53 Roosevelt Avenue to include the
waivers for opaque barrier alternative format, the elimination of the sidewalk requirement and
the partial elimination of curbing requirement but do require the applicant to provide an
easement for the installation of a sidewalk in the future, seconded by Mr. Holt and the motion
was carried 8-0 by roll call vote with Ms. Edwards absent. Mr. Holden voting yes; due to
conformance with Code and lack of opposition. Mr. Roach voting yes; he thinks that it is a
beautiful building and he is excited that it does not have a flat roof. Mr. Holt voting yes; it is a
very nice building and he thinks that with all of the requirements and the sidewalk problems he
thinks they can work it out and will be an asset to the area. Mr. Baldwin voting yes. Dr. Jones
voting yes; for the reasons previously stated. Mrs. Welsh voting yes; for the reasons previously
stated. Ms. Maucher voting yes; it conforms with C-4 (Highway Commercial Zone) and the
waivers make good use of the property especially the granting of the easement for future
sidewalks. Mr. Tolbert voting yes; he fully expects the applicant to work cooperatively and
collaboratively with the Staff regarding all of the issues that were brought up by the Staff
regarding this application.
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CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2017
Mrs. Melson-Williams stated that just a reminder to the Commissioners that the Planning
Commission Quarterly Workshop is scheduled for Wednesday, August 23, 2017 at noon in the
City Hall Conference Room. If you are planning to attend please confirm with Staff.
Meeting adjourned at 8:21 PM.
Sincerely,
Kristen Mullaney
Secretary
14
Page 17
MINUTES of
Planning Commission Quarterly Workshop Meeting
Of August 23, 2017
o The Planning Commission Quarterly Workshop Meeting
Minutes of August 23, 2017 are still being prepared. These
Meeting Minutes will be distributed to the Planning
Commission via email and at the September 18, 2017 meeting
for review.
o Adoption of the Minutes will be considered at the September
18, 2017 meeting of the Planning Commission.
Page 18
The Housing Demographic Realignment:
PLANNING Solving the Millennial Puzzle in Delaware
207 Planning 207 will explore changing
demographics in Delaware and how
they are impacting the housing
COURSE INSTRUCTORS
September 29, 2017 market.
9 a.m. to noon COURSE TOPICS
Karen Horton, AICP
Check-in begins Principal Planner,
at 8:30 a.m. • Demographic trends, Delaware State Housing
specifically relating to Authority
Millennials and Baby Boomers
University of Delaware • DSHA’s 2014 Housing Needs
Paradee Center Assessment and affordability
69 Transportation Circle issues facing the state Phil McGinnis, CCIM,
Dover, DE 19901 • Status of Delaware’s housing GAA, ACoM, ALC, ePRO
market and how changing Principal and Managing
Broker, McGinnis
demographics will likely affect
Commercial Real Estate
$50 Registration Fee demand in different parts of
Includes refreshments Delaware
• Resources like Downtown
Development Districts,
Registration Deadline
Complete Communities, and
September 28, 2017 First Map that can help local David Edgell, AICP
governments to better address Principal Planner,
the housing needs in their Office of State Planning
Coordination
communities
This session qualifies for certificate
credit in the Academy for Excellence
in Local Government Leadership and
the Delaware Planning Education
Program.
Register for this and other training events online at
www.ipa.udel.edu/events.html
Note: Registration for this event can only be done online.
Page 19
MI-17-06 Updated DRAFT Preliminary Land Use
Services (PLUS) Memorandum of Understanding –
Action on Planning Commission Recommendation for
Updated Memorandum of Understanding (MOU) for
Preliminary Land Use Service (PLUS). The Draft MOU
document was presented and discussed at the Planning
Commission Quarterly Workshop on August 23, 2017.
Updated Draft MOU for PLUS was first presented at the
Planning Commission Quarterly Workshop on August
23, 2017.
DRAFT MOU document and associated information was
forwarded to the Council Committee of the Whole:
Legislative, Finance, and Administration Committee for
their review on September 12, 2017.
Attached information:
o Committee Action Form
o DRAFT Updated Memorandum of Understanding for
PLUS
o Excerpt of Meeting Minutes from Planning
Commission Quarterly Workshop
Page 20
ACTION FORM
PROCEEDING: Council Committee of the Whole: Legislative, Finance, and Administration Committee
AGENDA ITEM NO.: Item 4 of September 12, 2017 Meeting
DEPARTMENT OF ORIGIN: Department of Planning & Inspections DATE SUBMITTED: 9/1/2017
PREPARED BY: Planning Office: David S. Hugg III and Dawn Melson-Williams, AICP
SUBJECT: Updated Memorandum of Understanding (MOU) for Preliminary Land Use Service (PLUS)
REFERENCE: Preliminary Land Use Service (PLUS) – State Review process
RELATED PROJECT: N/A
APPROVALS: Planning Commission discussion of DRAFT MOU for PLUS at August 23, 2017 Planning
Commission Quarterly Workshop.
EXHIBITS: See attached Updated MOU for PLUS; Excerpt of Planning Commission Quarterly Workshop
Meeting Minutes
EXPENDITURE REQUIRED: $ ----- AMOUNT BUDGETED: $-----
FUNDING SOURCE (Dept./Page in CIP & Budget): N/A
TIMETABLE: City Council Meeting of September 25, 2017
RECOMMENDED ACTION:
Review of Updated MOU by the Legislative, Finance, and Administration Committee for Recommendation and
signature by City Council and other participating parties.
BACKGROUND AND ANALYSIS
The City of Dover currently has a Memorandum of Understanding (MOU) regarding the Preliminary Land Use
Service (PLUS) review process with the Office of State Planning Coordination (OSPC). The Planning Staff
worked with the OSPC Staff in development of a Memorandum of Understanding (MOU) for how development
activities within the City of Dover will be reviewed under the Preliminary Land Use Service (PLUS). See the
following link for more information on PLUS: http://stateplanning.delaware.gov/plus/ The current MOU was
adopted in February 2004 following the establishment of the PLUS process in Delaware Code (29 Del. Code,
Chapter 92. Land Use Planning). http://delcode.delaware.gov/title29/c092/sc02/index.shtml
Since 2004, about forty-seven (47) land development plans and rezoning applications in Dover have
participated in the PLUS Review process. This is approximately 6% of the land use change/land development
applications (Annexations, Conditional Uses, Site Plans, Subdivisions, and Rezoning applications) filed with
the City in the 2004-2017 timeframe. Additionally, thirteen (13) applications associated with the 2008
Comprehensive Plan and then Comprehensive Plan amendments were reviewed through the PLUS Review
process. A number of other projects received waivers from the PLUS Review process.
The City Planning Staff again working with OSPC Staff reviewed the current MOU to develop the Updated
MOU for PLUS. The City of Dover Planning Commission reviewed Draft Updated Memorandum of
Understanding for Preliminary Land Use Service at its Quarterly Workshop on August 23, 2017. The following
items are included:
Draft Updated Memorandum of Understanding for PLUS between the City of Dover, Delaware
and the Office of State Planning Coordination (as presented to Planning Commission)
Excerpt from Meeting Minutes of the Planning Commission Quarterly Workshop on August 23, 2017.
This includes their discussion of the Draft Updated MOU and its associated recommended changes.
Page 21
Memorandum of Understanding
between
The City of Dover, Delaware
and the
Delaware Office of State Planning Coordination
WHEREAS, the State of Delaware has determined that certain local land use decisions have far
reaching and complex effects on the region, resulting in development which often requires the
commitment of finite resources by the various levels of government as well as private investors;
and
WHEREAS, coordinated review of certain development activities would result in a more
efficient, effective and timely use of resources and would also achieve consistency and
coordination between the various levels of government and other interested parties; and
WHEREAS, under Title 29, Chapter 92 of the Delaware Code, local land use planning actions
by local governments are subject to pre-application review processes by the Office of State
Planning Coordination (OSPC); and
WHEREAS, under Title 29, Section 9205 (c) of the Delaware Code, the OSPC shall, through a
Memorandum of Understanding, exempt a local jurisdiction from the provisions of the Land Use
Planning Act or modify the pre-application process when the local jurisdiction has a Certified
Comprehensive Plan and imposes a more stringent review of projects;
NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD by and between
The City of Dover, Delaware and the Office of State Planning Coordination as follows:
A. Nothing in this agreement shall be construed to deny The City of Dover its final decision-
making authority over proposed land use planning actions in the corporate limits of The
City of Dover. Additionally, any comments received from state agencies, pursuant to
Title 29, Chapter 92 of the Delaware Code, shall not exempt applicants from the
responsibility of meeting all requirements set forth in The City of Dover’s adopted land
use regulations.
B. The Development Advisory Committee (DAC) of The City of Dover will continue to
review development proposals on a monthly basis, and will continue to include
representation from various state agencies as is currently the practice.
C. The following land use planning actions are and shall remain subject to State review
under Title 29, Chapter 92, Delaware Code:
1. All residential projects containing 125 or more dwelling units.
Page 22
DRAFT FOR DISCUSSION
Last Revised May 22, 2017
2. Any non-residential subdivision or site plan involving new construction of
structures or buildings with a total floor area equal to or exceeding 75,000 square
feet.
3. Any application for rezoning or annexation that is inconsistent with The City of
Dover’s Comprehensive Plan Update certified February 9, 2009, or as amended,
except where the non-conformity is of a minor, relatively insignificant nature. A
rezoning shall be considered a minor variation from the Comprehensive Plan
when the following conditions are met:
a. The rezoning is of a unique circumstance and can not set a precedence
for other lands in the vicinity of the rezoning.
b. The relative size of the rezoning or the variation from the land use
recommended by the Comprehensive Plan is so minor that it would
have no impact on the goals and objectives of the Comprehensive
Plan.
c. The proposed zoning is adjacent to or in the immediate vicinity of
other similarly zoned lands and would not alter the pattern of
development in the area.
Upon notification of a rezoning in the City of Dover that meets these criteria, the
State will concur in writing to the City thereby waiving the PLUS review process
in that instance.
4. Any project of any size proposed to the east of Delaware Route 1 and north of
South Little Creek Road, except that projects within the Garrison Oak Technical
Park do not require PLUS review unless they involve new construction of
structures or buildings with a total floor area equal to or exceeding 75,000 square
feet .
5. Any local land use regulation, ordinance or requirement referred to the Office
of State Planning Coordination by The City of Dover for the purpose of providing
the City with advisory comments. These include the modifications to the City’s
zoning and subdivision ordinances that implement the Comprehensive Plan.
6. Any development projects voluntarily submitted by the developer to the Office
of State Planning Coordination for review.
7. Any other project which is required to be referred to the State for pre-
application review by City of Dover regulations.
8. Any amendment, modification or update to The City of Dover’s
City of Dover PLUS MOU Page 2 of 4
Page 23
DRAFT FOR DISCUSSION
Last Revised May 22, 2017
Comprehensive Plan, as required by Title 22 of the Delaware Code.
9. All projects in the Downtown Dover Redevelopment Target Area, defined by
The City of Dover Code shall be exempt from State review unless voluntarily
submitted by the developer or The City of Dover.
D. The City of Dover shall, at the time of the required pre-application meeting, identify
those projects meeting the criteria defined in this agreement for State review, direct
applicants whose projects meet State review criteria to submit necessary documents to the
Office of State Planning Coordination (OSPC) in order to initiate the PLUS review
process, and not accept applications for those projects requiring PLUS review until such
time as the OSPC has issued comments, as defined in Title 29, Section 9204 (c) of the
Delaware code, to the applicant and The City of Dover.
E. In special circumstances, the Office of State Planning Coordination may waive the pre-
application requirements of Title 29, Chapter 92 of the Delaware Code. Where such
waiver is granted, the Office of State Planning Coordination shall provide a written
explanation of the causes for the waiver to the relevant local jurisdiction and the
applicant. These circumstances may include, but are not limited to, a local government’s
imposition of a more stringent review of projects enumerated in §9203(a) than required
by Title 29, Chapter 92 of the Delaware Code, and/or projects expected to provide an
extraordinary benefit to the State and the local jurisdiction through economic
development, job creation, educational opportunities, public services or facilities,
agricultural preservation, or protection and enhancement of the natural environment.
F. This Memorandum of Understanding may be revised from time to time as circumstances
warrant, only with the concurrence of both The City of Dover and the Office of State
Planning Coordination.
City of Dover PLUS MOU Page 3 of 4
Page 24
DRAFT FOR DISCUSSION
Last Revised May 22, 2017
Signature Page
_____________________________ ____________
The Honorable Robin Christiansen Date
Mayor, City of Dover
Dover, Delaware
_____________________________ ____________
The Honorable Timothy Slavin Date
President, Dover City Council
Dover, Delaware
_____________________________ ____________
Mr. Fred Tolbert Date
Chair, Dover Planning Commission
Dover, Delaware
______________________________ _____________
Mr. David Hugg Date
Acting Director
City of Dover Department of Planning
_____________________________ ____________
Constance C. Holland, AICP Date
Director
Delaware Office of State Planning Coordination
City of Dover PLUS MOU Page 4 of 4
Page 25
CITY OF DOVER PLANNING COMMISSION
August 23, 2017
Excerpt from Meeting Minutes – DRAFT
The Regular Quarterly Workshop Meeting of the City of Dover Planning Commission was held
on Wednesday, August 23, 2017 at 12:00 noon. Members present were Mr. Roach, Mr. Holt, Mr.
Baldwin, Dr. Jones, Mrs. Welsh and Mr. Tolbert. Mr. Holden, Ms. Edwards and Ms. Maucher
were absent.
Staff members present were Mr. Hugg, Mrs. Melson-Williams, Mr. Diaz, Mr. Swierczek and
Mrs. Mullaney.
Also present was Mr. David Edgell from the State Planning Office.
DRAFT PRELIMINARY LAND USE SERVICES (PLUS) MEMORANDUM OF
UNDERSTANDING
Mrs. Melson-Williams stated that the City of Dover currently has a Memorandum of
Understanding that was written in 2004 that basically establishes what type of applications
occurring here in the City of Dover have to first go through the State PLUS review process. The
State PLUS review process is actually established in Delaware Code. Delaware Code establishes
some thresholds but the Code provisions there also allow for local jurisdictions to change those
thresholds as appropriate to serve their types of projects that they see. She is going to have Mr.
Edgell explain how the PLUS process works in the State level piece and then we will talk about
what they are bringing to the Commission today.
Mr. Edgell stated that the idea behind the PLUS process is that all of the various State agencies
have some role in the land development process. You are probably most familiar with DelDOT;
for instance, they often require a Traffic Impact Study or an Entrance Plan if it’s on a State
maintained road. DNREC has multiple environmental regulations. Sometimes the Historic
Preservation Office is involved. Years ago, it was kind of difficult for local governments to
access all of that information in a timely manner and in a way that they could make a good
decision and understand what the State requirements would be. The PLUS process was put
together back in 2004 and the idea is that before a project goes before a local government like the
City of Dover, the State agencies all come together and have a meeting and review those projects
and provide both the developer, the applicant and the local government with basic information
about what the requirements at the State level will be. The agencies also provide
recommendations because unlike Dover, not many other towns or cities in Delaware actually
have a Planning Staff that has all of the knowledge and expertise that these people sitting here
do. So, a lot of the smaller towns and jurisdictions really rely on the State Planning Office,
DelDOT, DNREC and the other agencies to provide them with recommendations and
information about some of these projects. The State law kind of sets up some thresholds for what
is a project that goes to before PLUS and the State requirements are anything fifty (50)
residential units or more or 50,000 SF of non-residential building space or more. As Mrs.
Melson-Williams mentioned, while they were putting it together the idea was that some local
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 1 of 6
Page 26
jurisdictions the requirements of fifty units and 50,000 SF may be a good baseline. For instance,
their smaller towns want to send everything through because they don’t have the expertise of a
Planning Staff. Other towns like Dover have a Planning Staff and a DAC process. There may be
not every project needs to go through but may be the larger ones that have more of a State impact
or a regional impact might be worthwhile. In 2004, they agreed on this MOU that he believes the
numbers are 125 or more residential dwelling units or 75,000 SF of commercial building space.
There are a couple other things in here, notably back then, east of Route 1 was an area where the
idea behind the Kent County plan and Dover’s plan at the time was to preserve that area for the
most part so anything east of Route 1 was seen. They would from time to time come back and
review the MOU with the towns and counties and see what was working and what was not
working and make amendments if need be. It just so happens that in 2017 they are here and it’s
overdue. They met with Mr. Hugg and Mrs. Melson-Williams and came up with this Draft.
Mrs. Melson-Williams stated that she has looked through the types of applications that have
gone through PLUS review over the years. They have had multiple PLUS review applications
every year since they have signed that original MOU. Every year that they had a Comprehensive
Plan amendment that automatically has gone through the PLUS review process. Because they set
their thresholds at those higher levels of 125 dwelling units and 75,000 SF of non-residential
building area, that really just pushed the really big things that we see in Dover to the process. If
we had left it at fifty dwelling units, they probably would have tripled the number of things that
would have had to go through the PLUS review process. They felt comfortable enough that the
smaller things for Dover could be dealt with at the Staff level and didn’t really need to go
through that State review process. Some of the bigger things were the Chesapeake Utilities new
campus on Bay Road went through the process. The Blue Hen Apartments with its first phase
and second phase and the Leander Lakes Apartments also went through the process. The series
of school projects within the Capital School District went through the PLUS review process and
some of that is related to school planning at the State level that’s required to go through. From
the request for annexation for the land that ultimately became Dover High School through the
new Dover High School Plan; those things went through the PLUS review process in Dover.
Some of our larger requests for shopping center development have gone through it. The most
recent application is the Bay Road Commercial project that the Commission just saw in July. The
office building project that was directly beside that didn’t reach the level of 75,000 SF to have to
go through the PLUS; review process. It’s been a number of applications over time. Some
subdivisions such as the Eden Hill project when it was initially getting started went through
PLUS so it’s really the big things. Anytime an application goes through PLUS review, Staff is
noting that in the DAC Report that is provided to the Commission. They also try to provide the
State comments that are issued on any kind of application to PLUS as well as the applicant’s
response to those PLUS comments so the Commission will see those in their packets.
Mr. Edgell stated that the way that the law is written, the thresholds are one as to what’s required
to go through but any developer or applicant can go through on their own desire. If you have a
residential subdivision of fifty units in Dover and they decide that they want to go through the
PLUS Review they can. He is not sure if that’s ever happened but it would be possible.
Mrs. Melson-Williams stated that the one thing that they have also dealt with over the years is
that there is the ability to seek a waiver of the PLUS Review process. They have done that
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 2 of 6
Page 27
several times, in some cases because of a project already went through the process and try
number two is very similar to what already went through. In some cases, rezonings can be
considered a Minor Variation and they don’t have to go through the process.
Mr. Tolbert questioned what Staff’s feelings have been with requesting waivers? Responding to
Mr. Tolbert, Mrs. Melson-Williams stated that for the most part they have been granted. Some of
them related to the hospital project; obviously, it’s not going anywhere. There are some waivers
that can be sought for more of the economic reasons. There are also some waivers related to the
Garrison Oak Technical Park because the original park went through and as they were seeing
individual lot development, they think a number of them also got waivers.
Mr. Edgell stated that what the law says is that the reasons for a waiver have to be related to
some extraordinary benefit to the local government and State related to economic development
or environmental preservation. The one that he can really remember is the Bayhealth Campus.
When they were building their new multi-story parking garage, they came through and asked for
a waiver. The reason was that they felt like they could use the extra months’ time because they
had a deadline to get their permit and they felt that they could use the extra time. Also they had
seen a plan before for that site and not much was changing with the entrances or any utilities.
That was kind of the rationale for the waiver and his Director, Connie Holland took the
responsibility to grant the waiver. He would say that they do grant most of the waivers with good
reason. They have turned a few down but not in the City. The only reason that they would turn
one down is if they feel as though the agencies need a chance to see it and that it might be
something to do with a permit or some kind of reason that they would need to see an application.
Mr. Roach questioned how long the PLUS Review usually takes? Responding to Mr. Roach, Mr.
Edgell stated that it’s about a month and a half. The applications are due the first working day of
each month. The meetings are the fourth Wednesday of each month and twenty working days
from that, the letter is issued to the applicant and the local government. After that, the applicant
which is usually the developer has to respond to it in some way. When people are really rushed
to get to their local government deadline, they have allowed them to go kind of concurrently to
some extent just so that the letter is available by the time the Planning Commission would see
the application. They have tried to make it user friendly and there’s no cost to apply. It’s really
designed so that you don’t have to have a plan as detailed as you would need to go before the
Planning Commission. You can have a Concept Plan for your shopping center (and not
necessarily on the back of a napkin) but a more general plan showing the locations of the
buildings on the site and the parking lots. They can take that a provide comments. As soon as
they can give the applicant information, that is information that they can use as they design the
project and consequently the local government gets a better plan without the concerns that there
will be some other outstanding State requirement.
Mr. Tolbert questioned if the Commission had to be involved in a request for waiver?
Responding to Mr. Tolbert, Mrs. Melson-Williams stated no.
Dr. Jones questioned that in the matter of the one hundred twenty-five residential dwellings is
there a requirement to go through PLUS or not? Responding to Dr. Jones, Mrs. Melson-Williams
stated that there is a requirement to go through PLUS if you are proposing one hundred twenty-
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 3 of 6
Page 28
five dwelling units or more.
Dr. Jones stated what happens in the case of a developer who ran into trouble and stopped
developing. At that time, there were one hundred twenty-five or two hundred dwellings. A new
developer comes in to continue to development in that area and there are less than one hundred
twenty-five dwellings so the process just goes through the Planning Commission? Responding to
Dr. Jones, Mrs. Melson-Williams stated that it depends on what the project is. If it were a
subdivision that was already plotted for over the one hundred twenty-five units and they started it
and stopped, the lots are still there and the plan approvals for the subdivision still exist. If they
were going to what they call re-plat or redesign, meaning change where the roads are, change
where the lots are and things like that then they might be into a process depending on the chunk
that they are redesigning.
Mr. Edgell stated that they get that question a lot. A lot of times it’s things that aren’t started yet
and they come back and want to redesign it. They always review it. The PLUS Review never
expires. As long as they are keeping with the same general plan or the same number of units or
reducing the units, it usually doesn’t have to go through the review process again. There are
times when people say we were going to build one hundred units and now we are going to build
two hundred units and we are changing all of the roads. That would be a new plan and it would
have to go through the PLUS Review again. Another instance is a developer has a 2005 plan and
they are coming through in 2017. It might be worth it to go through again because all of the rules
and regulations that have changed since 2005.
Mr. Tolbert stated that the Eden Hill development changed dramatically from the original
concept. Responding to Mr. Tolbert, Mrs. Melson-Williams stated yes and no. For the
Residential District, the Commission saw a Revised Implementation Plan that kind of re-
organized the residential portion of where active recreation was going to be approached and the
mix of unit types. They did not require that to go back through the PLUS Review because the
overall Eden Hill project had gone back in 2004 and the Residential District was basically still in
the same place and the road linkages were still in the same place. It was just more internal re-
organization that happened with that.
Mr. Edgell stated that if they start changing roads or adding units then sometimes it triggers a
review.
Mrs. Melson-Williams stated that what they have for the Commission today is a Draft of the
updated MOU. It starts with the typical “whereas” statements that kind of establish what it is and
then it outlines how the process kind of works and that it doesn’t supersede their current DAC
process that the City has. It establishes what types of projects would be required to go through
the PLUS Review process for the City of Dover. The ones that they are recommending to hold
are residential projects, still keeping that threshold at one hundred twenty-five dwelling units.
One hundred twenty-five is referenced in the Zoning Ordinance. There are some other things that
once you hit that threshold, you have to have so they kept that number the same. For non-
residential plans, it’s new construction with a total new floor area of 75,000 SF. That’s going to
capture the bigger things but the one restaurant building on an individual site isn’t going to have
to go through this PLUS Review process. It’s the large, either industrial or multiple building
shopping centers that would probably rise to that level to have to go through the process. There’s
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 4 of 6
Page 29
an update to the certification date of the most recent Comprehensive Plan. Their Comprehensive
Plan is due shortly for its ten-year review or update.
Number three deals with the Minor Variation provision which is established in the
Comprehensive Plan that allows for a waiver. The zoning always has to comply with the Land
Development Plan which is the land-use component of the Comprehensive Plan. Sometimes that
map may need a slight tweak and this kind of allows for those minor variations. They just saw
one that was a Minor Variation when they dealt with the lodge property on College Road where
the main building was good from a rezoning standpoint for the land-use classification to go to
institutional but there happened to be two little parcels that were also owned by the Lodge that in
the plan were shown as Residential but collectively they could make the case for it being a Minor
Variation. The driveway crossed one of them and the other one was a grass lawn. It really would
be meaning to function with the land-use classification of the institutional use and allow the
zoning. They want to maintain that opportunity to seek Minor Variations for the small and minor
things that mapping doesn’t always pick up when dealing with large scale properties.
Number four is where they are proposing a particular change. The current MOU has the
statement that a project of any size, if it is east of State Route 1 and north of South Little Creek
Road would be required to go through the PLUS process. It so happens that that area is where the
Garrison Oak Technical Park is located which is a City owned industrial park. They have seen
development of three lots out there with soon to be four with the Advantech project. The overall
subdivision went through that process but having the individual lots having to go through PLUS
just because of where they are located doesn’t seem to make sense unless there is a proposal for
something that is rather large out there that would meet that kind of large threshold test of 75,000
SF. Then they think that it may have larger or more broader implications than somebody just
building a building. What was seen most recently was the Advantech office and facility that was
much smaller than that on an individual lot and the lot already exists and the street already exists
to get there. This is a proposed refinement to that locational requirement. Mr. Edgell can
probably talk about why east of State Route 1 is a particular concern which is why this is part of
our MOU. It goes back to before the City’s most recent Comprehensive Plan.
Mr. Edgell stated that it actually goes back to when they were designing Route 1. Route 1 went
east of Dover. At that time from what he can gather, it was the idea that the business community
was very concerned that since they had this new road which will have interchanges and be
limited access that all of the businesses would go out east of Route 1 and it would be like a new
commercial district. There was also great concern about agricultural preservation and the natural
resources in that area and not wanting to have Dover and parts of Kent County sprawl out
towards that way because now there is this new road access being granted. Over the years, there
was an MOU with Kent County and the City was a part of it at the time. The idea was that they
would focus their development on the Route 13 corridor. Anything east of Route 1 they would
try to maintain as lower intensity, more rural type of an area. That kind of exist today. Kent
County has a growth zone that is basically bounded by Route 1; anything east of Route 1 in their
plan is rural. All of the growth and utilities in the growth zone are focused on the inside. For
Dover’s Plan, they do have the Technical Park that we are discussing now but for the most part
it’s lower intensity and lower residential housing and things of that nature in that area. That’s
kind of the history and reason for it. This is really just to catch anything that would go out there
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 5 of 6
Page 30
to make sure we take an extra look at it and make sure that they are all aware of what’s
happening and if there is any kind of advice or information that they can give about that area.
Mrs. Melson-Williams stated that South Little Creek Road was shown as the southern boundary
because once you are south of there, the implications of the Airport Environ Overlay Zone
associated with the Dover Air Force Base are somewhat limiting as to the type of new uses that
can happen in that area because of that overlay zone and what it’s rules cover.
Mr. Edgell stated that you have Horsepond Road which is mostly industrial with the Kent
County Aero Park and the AEOZ really says that you don’t want to have a lot of residents out
there. Industrial and warehousing is probably the right thing because it’s not going to be bothered
by noise and other things. That is kind of why that area was excluded because once you get down
in that area, it’s an industrial kind of area.
Dr. Jones questioned how she gets to the Garrison Oak Technical Park? Responding to Dr. Jones,
Mrs. Melson-Williams stated that it is off of White Oak Road. Take the bridge that goes over
Route 1 and it’s on the left.
Mrs. Melson-Williams stated that the other items are that it gives them the ability for any kind of
proposed ordinance they could actually refer them to the PLUS process to get State input on if
they chose. There is also the voluntary submission that can occur that’s documented. Any
amendment or modification to our Comprehensive Plan had to go through this process as well as
the Plan itself. Then they do have a very specific exemption for any project that is in the
Downtown Redevelopment Target Area. If it for some reason met the threshold test of the unit
count or the size count, because of its location in the Downtown Redevelopment Target Area it
would not be required to go through PLUS because that is where they want activity to happen.
Mrs. Melson-Williams stated that basically the rest of it is that the City is supposed to help out in
the applicant’s understanding of this process. During their pre-application meeting they want to
make sure that if it is a project that is going to meet those threshold tests to have to go through
PLUS that they are letting the applicant know. The management of the application process for
PLUS is all at the State level. We are just a helpful agency that tells the applicant to go through
that process first. There are the provisions for the waiver ability. There is a signature page which
ultimately includes the Chairman of the Planning Commission, the City Planner, City Council and
the Mayor to agree to the memorandum as well. They wanted to bring it to the Commission today.
They will have to move forward to presenting it to City Council so that they have the same kind of
understanding about it to ultimately get the signatures for it.
Excerpt of Planning Commission Quarterly Workshop Meeting of August 23, 2017 Page 6 of 6
Page 31
PETITION TO AMEND ZONING ORDINANCE TEXT
Report to the
Dover Planning Commission
September 18, 2017
Proposed Changes: Text Amendments to the following:
Zoning Ordinance, Article 5 – Supplementary regulations
o Section 1 – Supplementary regulations applying to
residence zones
o Section 6 – Supplementary regulations applying to
all zones other than single-family residence zones
(section proposed for renaming under Staff
Amendment #1)
o Section 7 – Supplementary regulations applying to
all non-residential zones
o Section 15 – Landscape guidelines (changes
proposed under Staff Amendment #1)
o Section 16 – Tree planting and preservation
o Section 18 – Sidewalk requirements (section
proposed for renaming)
o Section 19 – Building and architectural design
guidelines
Zoning Ordinance, Article 6 – Off-street parking,
driveways, and loading facilities
o Section 1 – Permitted accessory parking (changes
proposed under Staff Amendment #1)
o Section 3 – Required off-street parking spaces
o Section 5 – Supplementary regulations for parking
and loading facilities
Summary of Amendment: The proposed ordinance updates sections of Articles 5 and 6 of the
Zoning Ordinance in order to enhance the flexibility of the code in
several areas, including dumpster requirements, screening and
buffer requirements, tree planting requirements, and curbing
requirements. The proposed ordinance also adds requirements for
recycling to Article 5, Section 6 and rewrites Article 5, Section 18
to allow the City to require multi-use path instead of frontage
sidewalk under specific circumstances.
Ordinance Number: Proposed Ordinance #2017-12
File Number: MI-17-02
Page 32
MI-17-02 Text Amendment: Zoning Ordinance Articles 5 and 6
DAC Report Summary
Page 2 of 6
Development of the Ordinance
In April of 2017, the Interim Director of the Planning & Inspections Department met with local
business leaders and engineers to discuss possible changes to the Zoning Ordinance and the
Land Subdivision Regulations that would remove unnecessary obstacles to development in
pursuit of the City’s business-friendly policies. The result of these meetings was a document
entitled “City of Dover – Business Friendly Suggested Subdivision and Zoning Code Changes,”
which is attached to this report.
The current set of ordinance changes was developed largely as a response to this document.
Planning Staff discussed the concerns and suggestions raised in the document and divided them
into changes that could be made immediately and those that would need extra attention and
research. The immediate changes were developed in detail as “Phase 1” fixes. In addition to the
suggested immediate changes, Planning Staff added to Phase 1 several additional changes based
on concerns raised as part of the review of recent development projects before the Planning
Commission.
Upon the implementation of Phase 1, Planning Staff will begin working on the remaining fixes
needing extra research. These “Phase 2” fixes will appear before future meetings of the
Planning Commission and City Council.
Current Proposed Ordinance
The immediate fixes identified by Planning Staff include text amendments addressing the
following topic areas:
Buffering and Screening
Clarification of the landscaping standards and waiver provisions of Arterial Street
Buffers.
Harmonization of the Arterial Street Buffer requirements for commercially zoned and
residentially zoned properties. Under existing code, landscaping for Arterial Street
Buffers in residential zones is required to rise to the level of screening.
Modifications to the Opaque Barrier Requirement eliminating the requirement for a
barrier in front yard areas and allowing the accompanying landscaping to be planted on
either side of the barrier.
Clarification of the requirements for parking lot screening, including elimination of the
20-foot distance requirement.
Trash and Recycling
A requirement that all properties provide at least two dumpsters upon redevelopment, in
order to accommodate both trash and recycling needs.
Elimination of most minimum size requirements for dumpster enclosures. The existing
size standards require too much space relative to the actual size of most dumpsters.
Addition of a trash compactor substitution option for dumpsters.
Clarification of the approving authority for dumpsters.
Tree Planting and Preservation
Creation of a “development area” standard for landscaping with the requirement that tree
density achieve a required one (1) tree per 3,000 SF of area within the development area.
The intent of this change is to ensure developers do not have to landscape large
Page 33
MI-17-02 Text Amendment: Zoning Ordinance Articles 5 and 6
DAC Report Summary
Page 3 of 6
undeveloped areas of a property.
Clarification of when new or replacement tree plantings must be in accordance with the
City’s Table of Trees or merely of an acceptable similar species.
Facilities for Pedestrians and Bicycles
Rewriting of the section on sidewalks so that it also addresses multi-use paths through the
creation of “pathway” terminology.
Expansion of the requirement to install sidewalk (pathway) so that new buildings must
provide sidewalk if they are going through administrative review.
Creation of standards outlining when the Planning Commission or the City Planner may
require a multi-use path instead of sidewalk.
Building and Architectural Design Guidelines
Addition of standards for visible HVAC equipment and utility connections.
Parking and Driveways
Reassignment of the responsibility for curbing waivers from the Planning Commission to
the City Planner.
Expansion of the responsibility for parking waivers so that the City Planner may reduce
the amount of required parking in case of administrative review.
Relaxation of the requirement that recipients of parking waivers designate an area of
open space where the parking waived could be constructed in full in the future. The
waiver recipient, at the granting authority’s discretion, must designate an area where the
full amount or less than the full amount may be constructed in the future.
Relaxation of the prohibition on motor vehicle fueling in parking lots for multiple
dwellings, so that electric vehicle charging stations may be provided.
As text amendments are proposed to the Zoning Ordinance, a Public Hearing and
Recommendation by the Planning Commission is required. City Council will conduct a Public
Hearing and take Final Action on the proposed Ordinance #2017-12 at their meeting of October
9, 2017.
Agency Review
As part of review by Development Advisory Committee (DAC) members, the Planning Office
received comments from the City’s Public Works and Electric Departments and from DelDOT.
Comments from Public Works and Electric raised concerns about conflicts between landscaping
and utilities and infrastructure. These concerns are addressed through Staff Amendment #1
below.
Comments from DelDOT asked that Article 5, Section 18 include maintenance standards for
multi-use paths. After consideration, Planning Staff believes the Zoning Ordinance is not an
appropriate place to include these standards. Maintenance standards will be addressed through
proposed changes to the Dover Code of Ordinances, Chapter 98 – Streets, sidewalks, storm
sewers and other public places, as part of the Phase 2 fixes to follow Phase 1.
Page 34
MI-17-02 Text Amendment: Zoning Ordinance Articles 5 and 6
DAC Report Summary
Page 4 of 6
Staff Amendment #1
Following DAC Review, Planning Staff reviewed the current proposed ordinance and developed
a Staff Amendment to include corrections, additional clarifications, and changes based on
department/agency concerns. The proposed changes presented as Staff Amendment #1 are
outlined below.
Staff Ordinance Proposed Revision Reason/Notes
Recommendation Lines
1 42 Replace the words “article 5, Clarification of reference
section 15 of this ordinance”
with “Appendix B – Zoning,
Article 5 – Supplementary
Regulations, Section 15 –
Landscape Guidelines”.
2 44-46 Amend line as follows: Address Public Works &
“Landscape designs and Electric concerns about
planting plans which would landscape plantings interfering
pose a hazard to traffic on the with utilities and infrastructure
arterial street, obstruct
underground or overhead
utilities or infrastructure, or
which would significantly
impede visibility of properties
from the street shall be
prohibited.”
3 59 Replace subsection 7.32” with Clarification of reference
“subsection 1.82 – Standards
for arterial street buffer
landscaping.”
4 70-71 Retitle Section 6 as “Dumpsters With the removal of section 6.4
for trash and recycling.” (see item 7 below) Dumpsters
become the sole topic of Section
6.
5 73 Remove the words “or garbage Removed to avoid confusion with
disposal units.” trash compactors
6 75 Remove the words “garbage Removed to avoid confusion
disposal units.” with trash compactors
7 147-149 Remove section 6.4 in its This section will be moved to
entirety. Article 6 Section 1 (see Item 19
below)
8 193 Add “and to meet the corner Ensure that required parking lot
visibility standards of Appendix buffers do not interfere with
B – Zoning, Article 5 – corner visibility
Supplementary Regulations,
Section 1.31.” after “egress.”
9 194 Add the sentence “The hedge Clarify the minimum and
shall be at least two feet in maximum height standards for
height at the time of planting parking lot screening
Page 35
MI-17-02 Text Amendment: Zoning Ordinance Articles 5 and 6
DAC Report Summary
Page 5 of 6
and shall grow to no more than
four feet in height at the time of
maturity.” Add the sentence
before the sentence beginning
with “while.”
10 200-201 Replace the words “a durable Clarify that any landscaping
and continuous evergreen permitted by section 7.22 will
screen” with “landscaping as be permitted in case of a waiver
required by section 7.22 – of the fence component of the
Landscaping options” opaque barrier
11 227-229 Amend line as follows: Address Public Works &
“Landscape designs and Electric concerns about
planting plans which would landscape plantings interfering
pose a hazard to traffic on the with utilities and infrastructure
arterial street, obstruct
underground or overhead
utilities or infrastructure, or
which would significantly
impede visibility of properties
from the street shall be
prohibited.”
12 379 Remove all brackets from the Formalization of code editor’s
line and making the edits as grammatical edits
suggested by the bracketed
language.
13 736-739 Remove the words “which wall Simplify and expand the
contains legal windows (other requirement for parking near
than legal bathroom or kitchen multifamily dwellings to be at
windows) with a sill height of least 15 feet away from the
less than eight feet above the building
level of the said parking space”.
14 753 Add the title “Parking lots.” The section needs a title
15 755 Add “and to meet the corner Ensure that required parking lot
visibility standards of Appendix buffers do not interfere with
B – Zoning, Article 5 – corner visibility
Supplementary Regulations,
Section 1.31.” after “egress.”
16 757 Add the sentence “The hedge Clarify the minimum and
shall be at least two feet in maximum height standards for
height at the time of planting parking lot screening
and shall grow to no more than
four feet in height at the time of
maturity.” Add the sentence
before the sentence beginning
with “while.”
17 759 Replace the words “Article 10 Clarification of reference
of this ordinance” with
Page 36
MI-17-02 Text Amendment: Zoning Ordinance Articles 5 and 6
DAC Report Summary
Page 6 of 6
“Appendix B – Zoning, Article
10 – Planning Commission.”
18 Add Appendix B – Zoning, Address Public Works &
Article 5 – Supplementary Electric concerns about
Regulations, Section 15 – landscape plantings interfering
Landscape Guidelines to the list with utilities and infrastructure
of sections being updated by
this ordinance (#2017-12). In
Article 5, Section 15, add
subsection 15.9 to read as
follows:
“Landscape plantings shall be
placed at least 10 feet away
from all underground utilities
and infrastructure, as measured
from the trunk of the planting.
Plantings located within 10 feet
of overhead utilities or
infrastructure shall be of a
species that does not grow to
the height of the lowest
equipment overhead. Placement
of all plantings must minimize
conflict with required servicing
of utilities and infrastructure.”
19 Add Appendix B – Zoning, Section moved from Article 5,
Article 6 – Off-Street Parking, Section 6. Article 6, which deals
Driveways, and Loading with parking and driveways, is a
Facilities, Section 1 – Permitted more appropriate location for
accessory parking to the list of this section.
sections being updated by this
ordinance (#2017-12). In
Article 6, Section 1, add
subsection 1.5 to read as
follows:
“Access drives. In areas under
the joint or overlapping
jurisdiction of the Delaware
Department of Transportation
and the City of Dover, the
regulations of the Delaware
Department of Transportation
relating to ingress and egress
drives shall apply.”
Page 37
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: AUGUST 30, 2017
APPLICATION: Text Amendments: Zoning Ordinance, Article
5 and Article 6
FILE #: MI-17-02
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. No objections to proposed amendments.
WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. Our office has no objections to the proposed text amendments.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 38
C F
MI-17-02 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 09/06/17 D S
O H
V A
E L
R
APPLICATION: Text Amendments: Zoning Ordinance Article 5 and Article 6
FILE #: MI-17-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
ADDITIONAL / SPECIFIC COMMENTS:
- This office has no objections to the proposed amendments as they are not related directly to
our office
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 39
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: August 30, 2017 T
===============================================================
APPLICATION: Text Amendments: Zoning Ordinance, Article 5 and Article 6
FILE#: MI-17-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Jonathan T. Moore PHONE#: 760-2145
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
DelDOT has no comments regarding city & state code at this time.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
DelDOT has no recommendations at this time.
ADVISORY COMMENTS TO THE APPLICANT:
DelDOT has no advisory comments at this time.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Page 40
CITY OF DOVER
STAFF AMENDMENT #1
ORDINANCE #2017-12
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Ordinance 2017-12 be amended as follows:
4 1. Amend line 42 by replacing the words “article 5, section 15 of this ordinance” with
5 “Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 15 – Landscape
6 Guidelines”.
7
8 2. Amend lines 44-46 as follows: “Landscape designs and planting plans which would pose
9 a hazard to traffic on the arterial street, obstruct underground or overhead utilities or
10 infrastructure, or which would significantly impede visibility of properties from the
11 street shall be prohibited.”
12
13 3. Amend line 59 by replacing “subsection 7.32” with “subsection 1.82 – Standards for
14 arterial street buffer landscaping.”
15
16 4. Amend lines 70-71 by retitling Section 6 as “Dumpsters for trash and recycling.”
17
18 5. Amend line 73 by removing the words “or garbage disposal units.”
19
20 6. Amend line 75 by removing the words “garbage disposal units.”
21
22 7. Amend lines 147-149 by removing section 6.4 in its entirety. (This section will be moved
23 to Article 6; see lines 68-74 of this staff amendment).
24
25 8. Amend line 193 by adding “and to meet the corner visibility standards of Appendix B –
26 Zoning, Article 5 – Supplementary Regulations, Section 1.31.” after “egress.”
27
28 9. Amend line 194 by adding the sentence “The hedge shall be at least two feet in height at
29 the time of planting and shall grow to no more than four feet in height at the time of
30 maturity.” Add the sentence before the sentence beginning with “while.”
31
32 10. Amend lines 200-201 by replacing the words “a durable and continuous evergreen
33 screen” with “landscaping as required by section 7.22 – Landscaping options”
34
35 11. Amend lines 227-229 as follows: “Landscape designs and planting plans which would
36 pose a hazard to traffic on the arterial street, obstruct underground or overhead
37 utilities or infrastructure, or which would significantly impede visibility of properties
38 from the street shall be prohibited.”
39
40 12. Amend line 379 by removing all brackets from the line and making the edits as suggested
41 by the bracketed language.
Page 41
42 13. Amend lines 736-739 by removing the words “which wall contains legal windows (other
43 than legal bathroom or kitchen windows) with a sill height of less than eight feet above
44 the level of the said parking space”.
45
46 14. Amend line 753 by adding the title “Parking lots.”
47
48 15. Amend line 755 by adding “and to meet the corner visibility standards of Appendix B –
49 Zoning, Article 5 – Supplementary Regulations, Section 1.31.” after “egress.”
50
51 16. Amend line 757 by adding the sentence “The hedge shall be at least two feet in height at
52 the time of planting and shall grow to no more than four feet in height at the time of
53 maturity.” Add the sentence before the sentence beginning with “while.”
54
55 17. Amend line 759 by replacing the words “Article 10 of this ordinance” with “Appendix B
56 – Zoning, Article 10 – Planning Commission.”
57
58 18. Add Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 15 –
59 Landscape Guidelines to the list of sections being updated by this ordinance (#2017-12).
60 In Article 5, Section 15, add subsection 15.9 to read as follows:
61
62 “Landscape plantings shall be placed at least 10 feet away from all underground utilities
63 and infrastructure, as measured from the trunk of the planting. Plantings located within
64 10 feet of overhead utilities or infrastructure shall be of a species that does not grow to
65 the height of the lowest equipment overhead. Placement of all plantings must minimize
66 conflict with required servicing of utilities and infrastructure.”
67
68 19. Add Appendix B – Zoning, Article 6 – Off-Street Parking, Driveways, and Loading
69 Facilities, Section 1 – Permitted accessory parking to the list of sections being updated by
70 this ordinance (#2017-12). In Article 6, Section 1, add subsection 1.5 to read as follows:
71
72 “Access drives. In areas under the joint or overlapping jurisdiction of the Delaware
73 Department of Transportation and the City of Dover, the regulations of the Delaware
74 Department of Transportation relating to ingress and egress drives shall apply.”
75
76 SYNOPSIS
77 The proposed amendment provides for a series of technical
78 corrections and clarifications to ordinance #2017-12. The
79 amendment also addresses Public Works staff concerns about
80 landscaping planted near utilities and infrastructure. The
81 amendment also expands a restriction on parking within 15 feet of
82 buildings with multiple dwellings.
Page 42
FIRST READING
CITY OF DOVER ORDINANCE #2017-12
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 – Supplementary
5 Regulations Applying to Residence Zones, Subsection 1.8 – Buffers Along Arterial Streets of the Dover
6 Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as
7 follows:
8
9 ARTICLE 5. - SUPPLEMENTARY REGULATIONS
10
11 Section 1. - Supplementary regulations applying to residence zones.
12
13 1.8 Buffers along arterial streets. Where residential zoned property fronts on an arterial street, as
14 designated by the comprehensive plan, a landscape buffer shall be required in addition to normal
15 landscaping of the street right-of-way in all residential zones. These buffer areas shall be a minimum of
16 30 feet in depth, measured from the right-of-way line of the arterial street, and shall, at the time of
17 development of the property, be planted with a variety of trees, shrubs and ground cover so as to
18 effectively screen from view the arterial street from the residential property, and to create a distinctive
19 and consistent visual character for the arterial street. The landscape design and planting plan for these
20 arterial street buffer areas shall be subject to the approval of the planning commission as an integral part
21 of the site development plan. When the residential lots have rear yard areas that front on the arterial
22 street, each lot at the time of development shall be provided with uniform fencing along the rear
23 property line. When it can be demonstrated to the satisfaction of the planning commission through the
24 plan review process that, due to specific constraints related to existing lot size, lot configuration or the
25 orientation of existing buildings on adjoining properties, that compliance with this section would
26 severely limit the development potential of the property or would cause the property to be out of
27 character with the surrounding built environment, the planning commission may approve a lesser
28 amount of buffering, provided that the basic objective of establishing landscaped green space along
29 arterial roadways is achieved.
30 1.8 Arterial Street Buffers. Where residential zoned property fronts on a principal arterial
31 street, as designated by the comprehensive plan, a landscape buffer shall be required in addition
32 to normal landscaping of the street right-of-way. This landscape buffer shall be required when the
33 property is subject to site development plan review or site development master plan review by the
34 planning commission according to Appendix B – Zoning, Article 10 – Planning Commission.
35 Arterial street buffers shall be a minimum of 30 feet in depth, measured from the right-of-way line
36 of the arterial street.
37 1.81 Landscaping of arterial street buffers. At the time of development of the property, the
38 arterial street buffer shall be planted with a variety of trees, shrubs and ground cover. The
39 landscape design and planting plan for these arterial street buffers shall be subject to the
40 approval of the planning commission as an integral part of the site development plan.
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41 1.82 Standards for arterial street buffer landscaping. Landscaping in arterial street buffers
42 shall follow the landscape guidelines outlined in article 5, section 15 of this ordinance.
43 Landscaping shall be designed to enhance the appearance of the arterial street, complement
44 the architecture of buildings on site, and integrate with adjacent landscape areas. Landscape
45 designs and planting plans which would pose a hazard to traffic on the arterial street or which
46 would significantly impede visibility of properties from the street shall be prohibited.
47 1.83 Planning commission waiver. The planning commission may approve a buffer less than 30
48 feet in depth. In approving a lesser amount of buffering, the planning commission shall
49 consider the following factors:
50 a) Whether there are specific constraints related to existing lot size, lot configuration or
51 the orientation of existing buildings on adjoining properties that would severely limit the
52 development potential of the property if a deep buffer was required.
53 b) Whether a deep or shallow buffer would cause the property to be out of character with
54 the surrounding built environment.
55 c) Whether there is significant landscape area within the right-of-way of the arterial street
56 itself that can contribute to the buffer, and whether future road improvement activities
57 are likely to reduce the depth of this area.
58 d) Whether the landscape design and planting plan for the buffer achieve the standards of
59 subsection 7.32.
60 (Ord. No. 1-78, 1-24-1978; Ord. of 12-14-1992; Ord. of 4-25-1994; Ord. of 6-13-1994; Ord. of 1-10-
61 1996; Ord. of 5-22-2000; Ord. of 10-23-2006; Ord. of 1-14-2008; Ord. No. 2011-21, 10-10-2011; Ord.
62 No. 2011-26, 12-12-2011; Ord. No. 2015-13, 10-12-2015 )
63
64 BE IT FURTHER ORDAINED:
65
66 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 6 – Supplementary
67 Regulations Applying to All Zones Other Than Single-Family Residence Zones of the Dover Code be
68 amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as follows:
69
70 Section 6. - Supplementary regulations applying to all zones other than single-family residence
71 zones.
72
73 6.1 Location of trash receptacles or garbage disposal units. In all zones of the City of Dover (except
74 in residential zones where standard City of Dover 90-gallon trash containers are used), all trash
75 receptacles, garbage disposal units, and bulk recycling bins (excluding publicly operated recycling
76 drop off centers), which shall be referred to collectively as "dumpsters" in this ordinance, are to be
77 situated in order to allow safe and efficient access by trash collection vehicles, and shall be screened
78 from public view. All dumpsters must comply with the following regulations:
79 6.11 Location and screening required. All dumpsters must be located in approved locations on the
80 lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in
81 designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or
82 shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from view
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83 whenever these units are situated so that they will be visible from any public right-of-way or from
84 an adjacent property.
85 6.12 Minimum dumpsters pads required. All sites must have provisions for the minimum amount
86 of dumpster pads based on the following table. A dumpster pad shall be provided for each dumpster
87 present on the site. A concrete surface shall be provided to place each dumpster on (unless the pad
88 is reserved for future use). The minimum dimensions for a dumpster pad are 12 feet deep and 12
89 feet wide. Uses not specified in the table must have dumpster capacity adequate for their needs.
Use Dumpsters Pads Required
Two required for the first 3,000 square feet of gross building area; one
Restaurant required for each additional 3,000 square feet of gross building area or
fraction thereof
Shopping center (excluding
Two required for the first three stores; one required for each store
supermarkets or anchor
thereafter
tenants)
Supermarkets & anchor
Two required in addition to requirements for shopping center
tenants in shopping centers
One Two required for the first 8,000 16,000 square feet of gross floor
Office & retail less than
area; one required for each additional 16,000 square feet of gross floor
50,000 square feet
area or fraction thereof
Two required for the first 50,000 square feet of gross floor area; one
Office & retail greater than
required for each additional 24,000 square feet of gross floor area or
50,000 square feet
fraction thereof
One Two required for the first 40,000 80,000 square feet of gross
Industrial, warehousing &
building area; one required for each additional 40,000 square feet of
institutional
gross building area or fraction thereof
One Two required for the first 24 48 apartments; one required for each
Apartment complex
additional 24 apartments or fraction thereof
90
91 6.13 Selection of trash service. Applicants for site development plan or conditional use approval
92 shall specify the proposed method of trash collection (side load or front load) at [the] time of
93 application. A change in the method of collection may require an alteration of the site plan, subject
94 to approval of the city planner or the planning commission.
95 6.14 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot
96 and not within any public street right-of-way or other public lands. Internal site circulation lanes are
97 to be designed with adequate turning radii to accommodate the size and efficient maneuvering of
98 trash collection vehicles.
99 6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate to
100 screen dumpsters from public view. Enclosures for private collection must have interior dimensions
101 of no less than ten feet in width, ten feet in depth, and seven feet of height must be no less than
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102 seven feet in height. The height of enclosures for City of Dover collection may be no less than five
103 feet high.
104 6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials
105 that will withstand the normal use and wear expected in trash removal operations. Whenever a
106 dumpster, in its enclosure, will be visible from a public right-of-way, Tthe appearance of the
107 dumpster enclosures shall complement the architecture of the principal building on the lot, and be
108 constructed with the same or similar exterior materials.
109 6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a public
110 right-of-way. Gates must be designed to swing back behind the front of the enclosure and lock in
111 the open position. If City of Dover trash service is provided, it is the responsibility of the property
112 owner or occupant to open and securely lock back the gates to allow for trash pick up. The gates
113 may be opened 12 hours prior to pick up, and must be closed within 12 hours after pick up.
114 6.18 Dumpster pads reserved for future use. In the event that an establishment is required by this
115 ordinance to have more dumpster pads than they currently need, the additional pad(s) may be
116 reserved on the site for future use. All dumpster pads must meet the minimum design requirements
117 and criteria found in this ordinance. The city planner may require that the owner of record construct
118 the dumpster pad and enclosure on this reserved location or locations upon determining that there is
119 a need for the additional enclosure. Reduction of dumpster requirement. When a use is required
120 to provide dumpsters as part of site development plan approval, the required number of
121 dumpsters may be reduced under the following circumstances:
122 a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster may be
123 substituted for an actual dumpster. The provided area must be large enough to accommodate
124 a dumpster and must be accessible to trash collection services. The city planner may require
125 that the owner of record of the property provide a dumpster in the reserved location, together
126 with any enclosure required, upon determining there is need for the additional dumpster.
127 b) Trash compactor substitution. Trash compactors may be substituted for ordinary
128 dumpsters at a two to one ratio. The city planner may approve a higher substitution ratio if
129 specifications are provided indicating the machine will achieve a correspondingly higher trash
130 compaction ratio. Trash compactors must meet the same location and screening requirements
131 as other dumpsters. Sites providing trash compactors must still provide separate receptacles
132 for recycling.
133 6.2 Unit location to be approved by planning commission and city manager. The location of the
134 units on the property and the type of screening necessary shall be approved by the planning
135 commission of the City of Dover in accordance with the site development approval of the property
136 and the same shall be approved by the city manager concerning the desirability of the location for
137 [the] facility in collection of trash. Location and screening approval required. The locations of
138 new dumpsters on a site and any screening necessary shall be approved through the site
139 development plan approval process, according to the type of review required in Article 10 of
140 this ordinance.
141 6.3 Location and screening approval required. It shall be unlawful for any person to maintain a unit
142 on his property unless the location and screening of the same has been approved by the planning
143 commission and the city manager as stated in [sub]sections 6.1 and 6.2. Unauthorized dumpsters.
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144 Any dumpster not previously approved through the site development plan approval process
145 may be required by the city planner to be moved, removed, or screened if said dumpster is a
146 nuisance to neighboring properties by virtue of its current location.
147 6.4 Access drives. In areas under the joint or overlapping jurisdiction of the Delaware Department of
148 Transportation and the City of Dover, the regulations of the Delaware Department of Transportation
149 relating to ingress and egress drives shall apply.
150 (Ord. of 9-13-1999)
151
152 BE IT FURTHER ORDAINED:
153
154 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 7 – Supplementary
155 Regulations Applying to All Non-Residential Zones of the Dover Code be amended by deleting the text
156 indicated in red strikeout and inserting the bold, blue text, as follows:
157
158 Section 7. - Supplementary regulations applying to all non-residential zones.
159
160 7.1 Lighting. Lighting of commercial uses shall provide no less than 1½ footcandles at grade. Light
161 shall be deflected away from adjacent residential areas and shall not be distracting to traffic on
162 adjacent roads.
163 7.2 Buffering. Opaque Barrier. Visual and sound screening shall be provided on a non-residential
164 use when abutting a residential use., except in front yard areas. The screening shall be required
165 to be installed on site as part of planning commission or administrative site plan approval.
166 Where required, Sscreening shall consist of an opaque barrier at least six feet in height,
167 accompanied by landscaping.
168 7.21 Opaque barrier options. The requirement for the opaque barrier may be met by choosing one
169 of the following:
170 a) An opaque wooden fence made of durable materials such as wood, vinyl, composite,
171 etc.
172 b) A wall constructed of masonry materials, either stucco, brick, split-faced block, or
173 decorative concrete. If the principal structure on the lot is of masonry construction, the
174 wall shall match the exterior of the building.
175 c) An earthen berm (3:1 slope maximum).
176 d) An earthen berm (3:1 slope maximum) with and either an opaque wooden fence or a wall
177 constructed on top. Materials of the fence or wall shall be as specified in options a)
178 and b). constructed of masonry materials, either stucco, brick, split-faced block, or
179 decorative concrete. The total height of the buffer barrier may be no less than six feet
180 high.
181 7.22 Landscaping options. The required opaque barrier must be accompanied by one of the
182 following:
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183 a) A durable and continuous evergreen planted screen, six feet in height at [the] time of
184 planting, located on the residence side of the barrier. In the case of an earthen berm, the
185 evergreen screen may be on the top of the berm.
186 b) A hedge that will grow to a height of at least six feet at maturity, planted on the residence
187 side of the barrier. The hedge shall be interspersed with evergreen trees at least six feet
188 high at [the] time of planting. The hedge shall be at least four feet high at [the] time of
189 planting.
190 7.23 Parking lots. Whenever a parking lot is located across the street from a residential use, it shall
191 be screened from view of such land by a thick hedge located along a line drawn parallel to the street
192 and a distance of 20 feet therefrom, such hedge to be interrupted only at points of ingress and
193 egress. The open area between such hedge and the street shall be landscaped in harmony with the
194 landscaping prevailing on neighboring properties fronting on the same street. While the hedge is
195 growing to a suitable height, an adjacent four foot high fence may be required by either the
196 planning commission or city planner, according to the type of review required by Appendix B
197 – Zoning, Article 10 – Planning Commission. A fence five feet high may be required while such
198 hedge is growing to a suitable thickness.
199 7.24 Planning commission waiver. The planning commission may waive the requirement for the
200 opaque barrier (wood fence, masonry wall, or earthen berm) and require only a durable and
201 continuous evergreen screen in cases where noise is not a concern and the vegetation alone is
202 considered a desirable aesthetic alternative.
203 7.3 Buffers along arterial streets. Arterial Street Buffers. Where nonresidential zoned property
204 fronts on an a principal arterial street, as designated by the comprehensive plan, a landscape buffer
205 shall be required in addition to normal landscaping of the street right-of-way in all non-residential
206 zones. This landscape buffer shall be required when the property is subject to site
207 development plan review or site development master plan review by the planning commission
208 according to Appendix B – Zoning, Article 10 – Planning Commission. Arterial street buffers
209 shall be a minimum of 30 feet in depth, measured from the right-of-way line of the arterial
210 street. These buffer areas shall be a minimum of 30 feet in depth, measured from the right-of-way
211 line of the arterial street, and shall,
212 7.31 Landscaping of Arterial Street Buffers. aAt the time of development of the property, the
213 arterial street buffer shall be planted with a variety of trees, shrubs and ground cover so as to
214 create a distinctive and consistent visual character of the arterial street. The landscape design and
215 planting plan for these arterial street buffers areas shall be subject to the approval of the planning
216 commission as an integral part of the site development plan. When it can be demonstrated to the
217 satisfaction of the planning commission through the plan review process that, due to specific
218 constraints related to existing lot size, lot configuration or the orientation of existing buildings on
219 adjoining properties, that compliance with this [sub]section would severely limit the development
220 potential of the property or would cause the property to be out of character with the surrounding
221 built environment, the planning commission may approve a lesser amount of buffering, provided
222 that the basic objective of establishing landscaped green space along arterial roadways is achieved.
223 7.32 Standards for Arterial Street Buffer Landscaping. Landscaping in arterial street
224 buffers shall follow the landscape guidelines outlined in Appendix B – Zoning, Article 5 –
225 Supplementary Regulations, Section 15 – Landscape Guidelines. Landscaping shall be
226 designed to enhance the appearance of the arterial street, complement the architecture of
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227 buildings on site, and integrate with adjacent landscape areas. Landscape designs and
228 planting plans which would pose a hazard to traffic on the arterial street or which would
229 significantly impede visibility of properties from the street shall be prohibited.
230
231 7.33 Planning Commission Waiver. The planning commission may approve a buffer less
232 than 30 feet in depth. In approving a lesser amount of buffering, the planning commission
233 shall consider the following factors:
234 a) Whether there are specific constraints related to existing lot size, lot configuration or
235 the orientation of existing buildings on adjoining properties that would severely limit the
236 development potential of the property if a deep buffer was required.
237 b) Whether a deep or shallow buffer would cause the property to be out of character with
238 the surrounding built environment.
239 c) Whether there is significant landscape area within the right-of-way of the arterial street
240 itself that can contribute to the buffer, and whether future road improvement activities
241 are likely to reduce the depth of this area.
242 d) Whether the landscape design and planting plan for the buffer achieve the standards of
243 subsection 7.32 - Standards for Arterial Street Buffer Landscaping.
244
245 7.4 Outdoor storage trailers. Storage trailers accessory to an approved use shall be prohibited on a
246 site, except when meeting the following conditions:
247 1. The total floor area of storage trailers shall be less than two percent of the gross floor area of the
248 principal building.
249 2. All storage trailers shall be placed in accordance with all zoning regulations regarding permanent
250 structures, including setbacks, parking, and other bulk regulations.
251 3. All such trailers shall be screened from public streets, and shall not be located between the
252 principal building and the public road right-of-way.
253 4. Trailers placed during approved construction phases or those used as collection facilities for non-
254 profit, governmental or philanthropic organizations shall not be calculated into floor area totals
255 used to determine parking requirements, but must conform to setbacks and all other bulk
256 regulations.
257 5. Storage trailers accessory to an approved use are to be temporary features on a site. No such
258 trailer shall be in place for more than 18 months, except for those trailers to be used during
259 construction or those used as collection facilities for non-profit, governmental or philanthropic
260 organizations.
261 7.5 Fences. Fences or walls shall be limited to a maximum height of four feet above the ground
262 when situated within front yard areas, and shall be limited to a maximum height of eight feet above
263 the ground when situated within side and rear yard areas. Fences situated on corner lots shall be
264 subject to the provisions of article 5, section 1.3. For the purposes of this provision, on lots with
265 dual street frontage that are not corner lots, a fence situated to the rear of the principal structure
266 shall be limited to a maximum height of eight feet above ground. Fences or walls with a height in
267 excess of eight feet above the ground shall conform to the setback requirements for dwelling
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268 buildings as set forth in article 4 of this Appendix. Fence material commonly referred to as "barbed
269 wire" and/or "razor wire," or any similar material shall be prohibited along property lines which
270 adjoin residential zones.
271 (Ord. of 3-24-1986; Ord. of 12-14-1992; Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 5-22-2000; Ord.
272 No. 2011-26, 12-12-2011)
273
274 BE IT FURTHER ORDAINED:
275
276 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 16 – Tree Planting and
277 Preservation of the Dover Code be amended by deleting the text indicated in red strikeout and inserting
278 the bold, blue text, as follows:
279
280 Section 16. - Tree planting and preservation.
281
282 16.1 Purpose. The purpose of this section is to establish standards and requirements for the protection
283 and planting of trees and woodlands because it is recognized that woodlands and trees are not only
284 desirable, but are essential to the health, safety, and welfare of the population in that they provide
285 oxygen, reduce carbon dioxide, stabilize soil, cleanse the air by transpiring clean water into the
286 atmosphere, cleanse water passing into the ground through the root system, provide protection for
287 wildlife and their habitats, provide shade, reduce noise and glare, increase property values, and
288 provide an important physical, aesthetic, and psychological balance to the built environment.
289 16.2 Definitions.
290 Caliper dimension. The term "caliper dimension" means an outside diameter measurement of the
291 trunk of a tree measured at a vertical distance of three feet above grade.
292 Clearing. The removal of trees from an area of 5,000 square feet or greater, whether by cutting or
293 other means. [The term] "clearing" shall not include the removal of trees for landscaping purposes by
294 individual lot owners.
295 Development Area. The area containing all new site features (buildings, parking and drive
296 areas, pedestrian walks, stormwater management areas, buffer areas etc. but not underground
297 utilities) proposed by a plan. The development area shall be delineated using property lines and
298 lines run straight across the property from one property line to another without bending or
299 curving.
300 Design professional. [The term "design professional"] shall be any person licensed as a landscape
301 architect or architect, or Delaware certified nursery professional.
302 Dripline. A line on the ground established by a vertical plane extending from a tree's outermost
303 branch tips to the ground, i.e., the line enclosing the area directly beneath the tree's crown, from which
304 rainfall would drip.
305 Tree. Any self-supporting, woody perennial plant, usually having a main stem or trunk and many
306 branches and at maturity normally attaining a trunk diameter greater than three inches at any point and
307 height of over ten feet.
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308 Tree protection area. Any portion of a site wherein are located existing trees which are proposed to
309 be retained in order to comply with the requirements of this section. The tree protection area shall
310 include no less than the total area beneath the tree canopy as defined by the dripline of the tree or group
311 of trees collectively.
312 Woodland. An area of contiguous wooded vegetation (7,500 square feet or greater), where trees
313 exist at a density of at least one tree with a caliper dimension of six inches or greater per 375 square feet
314 of land and where the tree branches form a contiguous canopy.
315 16.3 Applicability. The terms and provisions of this section shall apply to any activity on real property
316 which requires conditional use, site plan or subdivision approval of the planning commission as set
317 forth in article 10, except the provisions in [sub]section 16.4 which shall apply to all real property.
318 16.4 Tree preservation.
319 16.41 Trees required by planning commission to be replaced. Trees required by the planning
320 commission as a part of a conditional use, subdivision, or site plan approval shall not be removed
321 unless it is [they are] diseased or infested, or present a danger to life and property. In cases where
322 such trees are removed, they must be replaced with a tree planting of a similar variety in accordance
323 with the table of trees standards kept in the office of the city planner.
324 16.42 Trees of special value. Trees having an historic value, as determined by the state historic
325 preservation officer, or that are of an outstanding nature due to type or species, age, or other
326 professional criteria, may be required by the planning commission to be preserved. Such trees may
327 be prohibited from being removed by the city planner until such time that the planning commission
328 has granted approval to remove such trees.
329 16.43 Tree preservation in wetlands. No portions of wetland areas shall be developed or cleared of
330 vegetation unless granted permission under state and/or federal permit; [and] they shall remain as
331 essentially undisturbed areas protected under the provisions set forth in [sub]section 16.7.
332 16.44 Clearing prohibited without approval. Clearing, as defined by this section, for any purpose
333 whatsoever, except the establishment of trails and pathways (not greater than eight feet in width)
334 and open yard areas, shall be prohibited unless approved by the planning commission through the
335 site plan, conditional use, or subdivision review process.
336 16.5 Woodland preservation.
337 16.51 Tree preservation and selective clearing plan required. All site development proposals in
338 woodland areas that require planning commission approval and which involve the development of
339 woodland areas and require planning commission approval shall include a tree preservation and
340 selective clearing plan as part of the submission plan. The tree preservation and selective clearing
341 plan shall be prepared in accordance with the provisions of this [sub]section [16.5,] and [sub]section
342 16.7 and [sub]section 16.8 of this section.
343 16.52 Limited clearing for site development allowed. Generally, site development plans for the
344 construction of [a] new building within existing woodland areas shall limit clearing of the land to
345 those areas necessary to provide for the placement of the building or group [of] buildings, adequate
346 access onto the property and to the proposed building or group of buildings, utility placement, off-
347 street parking and yard areas to allow for daylight infiltration and building maintenance. When
348 woodland areas are proposed to be cleared to allow for new construction, clearing within the area of
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349 the proposed construction shall be limited to an area of 30 feet from proposed building foundation,
350 and 15 feet from off-street parking lots, and utility placement.
351 16.53 Maximum clearing requirement. Specifically, no more than 50 percent of a lot, parcel or
352 tract of land occupied by woodland vegetation may be cleared for any purpose.
353 16.54 Reserved.
354 16.6 Tree preservation and planting in nonwoodlands.
355 16.61 Tree preservation and planting plan required. All developments in nonwoodland areas
356 requiring approval of the planning commission shall be required to submit, with its application and
357 plans, a tree preservation and planting plan as set forth in [sub]section 16.8, and shall conform with
358 the following provisions.
359 16.62 Tree density. For each property required to submit a tree preservation and planting
360 plan, a development area as defined in this section shall be delineated within the nonwoodland
361 area of the property. Within this development area, existing trees may be retained and new
362 trees shall be planted such that the development area shall attain or exceed a tree density of
363 one tree per 3,000 square feet or fraction thereof. On each property for which a tree preservation
364 and planting plan is required by this section, existing trees may be retained and new trees shall be
365 planted such that the lot shall attain or exceed a tree density of one tree per 3,000 square feet of lot
366 area or fraction thereof. Trees needed to meet buffer requirements shall not be counted towards tree
367 density. Trees required to be planted in parking areas as specified by the planning commission shall
368 not be counted towards tree density.
369 16.63 Minimum standards for new trees. For [new] trees to be counted toward the required tree
370 density, they must be of a species and size as set forth in the table of trees approved by the planning
371 commission and kept on file in the office of the city planner, or be of an alternate species found
372 acceptable by the commission.
373 16.64 Minimum standards for existing trees. For existing trees to be counted toward the required
374 tree density, the tree shall have a minimum caliper dimension of two inches. No trees over eight
375 inches in caliper dimension shall be removed unless within an area of 30 feet from the proposed
376 building foundation, off-street parking lot, and utility placement.
377 16.7 Tree protection and planting requirements.
378 16.71 Application. The following guidelines and standards shall apply to activities regulated under
379 article V [5], section 15 of this section [ordinance]:
380 16.72 Protection required. To protect the required trees or woodland and their critical root zone, a
381 tree protection area delineated by the dripline of a tree or group of trees to be retained, shall be
382 established. The protection area shall not be disturbed by site utility and grading work, by
383 construction activities such as parking, material storage, concrete washout, sedimentation intrusion
384 or erosion, or other activity. Damage to trees or woodlands and their critical root zones shall require
385 tree plans to be revised to compensate for the loss as determined by the building inspector.
386 16.73 Protection measures. Tree protection areas shall be protected by fencing, staking, or
387 continuous ribbon and, where necessary, silt screens which shall be situated to coincide with the
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388 dripline of the tree or group of trees to be preserved. Protection measures shall be erected prior to
389 construction, and must remain until final landscaping is installed.
390 16.74 Planting requirements. New trees proposed to be planted for credit toward the density
391 requirement shall have spacing that is compatible with the spacial spatial site limitations and with
392 responsible consideration toward species size when mature. Species selected for planting must be
393 ecologically compatible with the specifically intended growing site. Trees selected for planting shall
394 be free from injury, pest, disease, and disorders.
395 16.8 Tree preservation, planting and selective clearing plans.
396 16.81 Plan specifications. A tree preservation and planting plan or a preservation and selective
397 clearing plan, prepared by or in conjunction with a design professional, shall be shown on a copy of
398 a preliminary plat, sketch, or site plan, as appropriate to the proposed development, drawn to the
399 same scale and covering the same area as the other plan documents prepared for the planning
400 commission hearing. The plan may be combined with a required buffer and landscape plan for the
401 project, at the option of the developer. The plan shall provide sufficient information and detail to
402 clearly demonstrate that all applicable requirements and standards of this section will be fully
403 satisfied. The plan shall contain, but need not be limited to, the following:
404 a. Project name, zone, parcel number, north arrow and scale.
405 b. Developer's name, address and telephone number.
406 c. Name, address, and telephone number of the design professional responsible for the
407 preparation of the plan.
408 d. Delineation of all lot lines, minimum yard areas, buffers, and landscape areas as required
409 by the zoning ordinance [this appendix].
410 e. Total acreage of the site and total lot area for each lot delineated.
411 f. Delineation of all wetlands and woodlands.
412 g. Designation and delineation of all lots in nonwoodland areas expected to retain existing
413 trees to meet the tree density requirement.
414 h. Approximate location and description of the protective tree fencing, staking, or
415 continuous ribbon to be installed which, at a minimum, shall follow the dripline of all trees
416 to be retained along adjoining areas of clearing, grading, or other construction activity.
417 i. The location, spacing, caliper dimension, and species of new trees proposed to meet tree
418 density requirements.
419 j. Measures to be taken to avoid sedimentation intrusions and erosion in tree protection
420 areas, and the location of such devices.
421 k. A summary table of the number of new trees to be planted and minimum number of
422 existing trees to be retained to meet the tree density requirement, if any, along with
423 calculations showing that the tree density requirement has been achieved. Groupings of
424 trees in the tree protection areas for new trees may be keyed to the summary table by area
425 rather than having each tree individually labeled on the plan.
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426 l. There shall be a note on the plan indicating that a one-year full price replacement
427 guarantee on all new trees planted is held by the applicant.
428 16.9 Tree mitigation.
429 16.91 Planning commission waiver. The planning commission may waive the provisions of
430 [sub]sections 16.52, 16.53, and 16.62, and require replacement planting for mitigation purposes
431 should the planning commission determine, after demonstration by the applicant, that due to
432 physical limitations of the land which would otherwise prohibit the reasonable use of the land, or
433 for purposes of preserving, protecting and promoting the interest of public health, safety, welfare
434 and/or public convenience. All tree mitigation plantings must occur within the corporate limits of
435 the City of Dover. Tree mitigation may occur off-site in accordance with the provisions listed below
436 in this ordinance:
437 (a) If a waiver is sought from the provisions of § [subsection] 16.62, new tree plantings are
438 required at a rate of 1:1. All new tree plantings shall meet the minimum size at planting
439 requirements of the City of Dover table of trees.
440 (b) If a waiver is sought from the provisions of § [subsection] 16.52 and/or § [subsection]
441 16.53, then mitigation must be in the form of newly created woodland areas. New
442 woodlands shall be created at a rate of 1.25 times the amount of woodlands to be removed.
443 A woodland mitigation plan shall be prepared by a licensed forester, landscape architect, or
444 certified nursery professional, for the consideration of the planning commission.
445 (c) All tree mitigation must occur on-site unless an off-site location is specifically approved
446 by the planning commission. When considering off-site locations for tree mitigation, the
447 commission shall consider:
448 1) A physical hardship related to the land which would otherwise prohibit
449 compliance on the subject site;
450 2) Whether the mitigation plan proposed by the applicant is superior in terms of
451 environmental benefits, tree quantity, or aesthetic qualities compared to strict
452 compliance with the ordinance on-site.
453 16.92 Tree mitigation required for unauthorized clearing. In the event that trees or woodland areas
454 to be preserved under this ordinance or as a condition of a site plan, subdivision, or conditional use
455 approval are illegally removed, tree mitigation shall be required. All tree mitigation plantings must
456 be placed on the same lot, parcel, or tract on which the illegal clearing occurred, except as noted
457 below. All replacement trees must be of the same or a similar variety as the trees illegally removed.
458 (a) If trees have been removed from non-woodland areas, new tree plantings shall be
459 provided in accordance with the table below:
Caliper Dimension Number of Caliper dimension
of Trees Removed Trees Required at Planting
25″ or larger 5 trees 3″
17″ to 24″ 3 trees 3″
9″ to 16″ 3 trees 3″
8″ or less 2 trees 3″
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460
461 * Note —All trees replanted must be guaranteed to survive a minimum of one year.
462 (b) If trees have been removed from woodland areas, then mitigation must be in the form of
463 newly created woodland areas. New woodlands shall be created at a rate of 1.75 times the
464 amount of woodlands that were illegally removed. The woodland unlawfully removed
465 must be replanted to satisfy a portion of this requirement. A woodland mitigation plan shall
466 be prepared by a licensed forester, landscape architect, or certified nursery professional, for
467 review and approval by the city planner.
468 (c) If the applicant wishes to provide replacement plantings on any property other than the
469 one on which illegal clearing occurred, the mitigation plan must be reviewed and approved
470 by the planning commission. When considering off-site locations for tree mitigation, the
471 commission shall consider:
472 1) A physical hardship related to the land which would otherwise prohibit
473 compliance on the subject site;
474 2) Whether the mitigation plan proposed by the applicant is superior in terms of
475 environmental benefits, tree quantity, or aesthetic qualities compared to strict
476 compliance with the ordinance on-site.
477 (Ord. of 7-13-1992; Ord. of 7-12-1993, § 4; Ord. of 9-13-1999; Ord. of 4-28-2008(2); Ord. No. 2010-25,
478 11-8-2010)
479 BE IT FURTHER ORDAINED:
480
481 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 18 – Sidewalk Requirements
482 of the Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue
483 text, as follows:
484
485 Section 18. - Sidewalk requirementsPedestrian, bicycle, and multi-modal access requirements.
486
487 18.1 Standard City of Dover sidewalk, as per chapter 19 [98], article IV of the Dover Code of
488 Ordinances, shall be required to be installed along the public street frontage of a property by the
489 property owner or developer whenever such property involves a development proposal which is
490 subject to planning commission review and approval.
491 18.2 Whenever a private road within a development is proposed, whether planned for future
492 subdivision or not, the developer shall be required to install [a] standard City of Dover sidewalk, as
493 per chapter 19 [98], article IV of the Dover Code of Ordinances, on both sides of the cartway of the
494 private road. Such sidewalk shall include barrier free access ramping at points of intersection with
495 street crossing and at other locations so as to afford reasonable barrier free pedestrian movement
496 and access to buildings.
497 18.3 Within all multifamily residential developments that do not involve subdivision of the land, and
498 with all nonresidential developments, [a] standard City of Dover sidewalk shall be required to be
499 installed by the developer. Such sidewalk shall be situated so as to provide for pedestrian access
500 from parking areas to building entrances and shall provide sidewalk linkages to the existing
501 sidewalk network in the neighborhood, if present, or to frontage sidewalk as required in
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502 [sub]section 18.1 above, and shall provide pedestrian linkages between buildings and community
503 facilities, including, but not limited to, park areas and laundry buildings.
504 18.4 When it can be demonstrated to the satisfaction of the planning commission that strict adherence
505 to the provisions of this section would represent an undue burden on a development, then the
506 planning commission may modify or waive any of the stated requirements, provided that the
507 objective of providing adequate, visible and suitably located walkways as part of the development
508 proposal is secured. When considering a request for modification or waiver, the planning
509 commission shall determine whether or not an undue hardship exists, based on a finding that one or
510 more of the following criteria have been met:
511 1) The property is isolated with respect to sidewalks with no existing sidewalk within the
512 immediate vicinity of the property; or
513 2) The proposed use would not generate or attract additional pedestrian trips; or
514 3) Sidewalk construction to serve the property is planned as part of a state or municipal capital
515 improvement project; or
516 4) Physical characteristics of the property are such that sidewalk installation is impractical or
517 impossible.
518 18.5 The planning commission may authorize the use of construction materials other than those
519 required of [a] standard City of Dover sidewalk when it can be demonstrated to the satisfaction of
520 the planning commission that:
521 (1) Such alternative materials would serve the public as well as [a] standard City of Dover sidewalk;
522 and
523 (2) Such alternative materials would be more environmentally desirable or more in keeping with the
524 overall design of the development.
525 18.1 Purpose. The purpose of this section is to establish standards and requirements for the
526 construction of transportation networks for pedestrians, bicyclists, and other users of non-
527 motorized forms of transit, in order to ensure safe and convenient multi-modal access to all
528 development within the City of Dover. Sidewalks, multi-use paths, and other hard paved
529 trails, whether adjacent to a roadway or not, shall be referred to collectively as “pathways”
530 within this section. It is the intent of this section that all new pathways installed shall be
531 designed to a standard commensurate with existing and expected future multi-modal traffic
532 volumes, recognizing that the convenience of a growing network of such pathways citywide
533 will encourage residents and visitors to use non-motorized means of travel to reach their
534 destinations.
535 18.2 Applicability. Sidewalks or other pathways according to the requirements of this section shall
536 be installed on a property by the property owner or developer under the following
537 circumstances:
538 a) When the property is part of a development proposal which is subject to planning
539 commission site development plan review.
540 b) When the property is part of a development proposal which is subject to planning
541 commission site development master plan review.
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542 c) When the property is part of a request for a conditional use permit which also requires site
543 development plan review or site development master plan review.
544 d) When the property is part of a development proposal which is subject to administrative
545 site plan review, provided the proposal involves construction of an entire new building.
546 18.3 Pathway design standards and location requirements. Pathways shall meet the following
547 minimum standards and requirements in order to allow for pedestrian access:
548 a) Public street frontage. Standard City of Dover sidewalk, as per chapter 98, article IV of
549 the Dover Code of Ordinances, shall be required to be installed along the entire public
550 street frontage of a property. Where frontage sidewalk exists but does not meet the
551 standards of chapter 98, article IV, the sidewalk shall be re-laid to meet the standards.
552 Sidewalk shall include barrier-free access ramping at points of intersection with street
553 crossings and at other locations so as to afford reasonable barrier-free pedestrian
554 movement and site access.
555 b) Private street frontage. Wherever a private road within a development is proposed,
556 whether planned for future subdivision or not, Standard City of Dover sidewalk, as per
557 chapter 98, article IV of the Dover Code of Ordinances, shall be required to be installed
558 on both sides of the cartway of the private road. Such sidewalk shall include barrier-free
559 access ramping at points of intersection with street crossings and at other locations so as
560 to afford reasonable barrier-free pedestrian movement and site access.
561 c) On-site linkages. Within all nonresidential developments and all multifamily residential
562 developments, sidewalk at least five feet wide, constructed of concrete or good paving
563 brick laid substantially in concrete, shall be installed to make pathways between street
564 frontages, parking areas, building entrances, and any other site features needing
565 pedestrian access. Such pathways shall be designed to provide reasonable travel times
566 between these features and disincentivize taking shortcuts across areas inappropriate for
567 pedestrians. Where such pathways must cross drive lanes, standard City of Dover
568 crosswalk shall be installed.
569 18.4 Alterations to pathway design standards. The planning commission or city planner,
570 according to the type of plan review required by article 10 of this ordinance, may alter the
571 minimum pathway design standards under the following circumstances in order to allow
572 for multi-modal access:
573 a) Where vehicular traffic on adjacent roadways is of sufficient speed and volume to pose a
574 potential danger to bicyclists and other non-motorized forms of transport using the
575 roadway, or where pedestrian and multi-modal traffic is expected in sufficient volumes to
576 cause conflicts on a narrower sidewalk, a ten-foot wide multi-use path made of concrete
577 or asphalt may be required instead of standard City of Dover sidewalk along the public
578 street frontage.
579 b) Where an adopted plan recommends installation of multi-modal facilities for a specific
580 site, those facilities may be required to be constructed according to the standards of the
581 agency implementing the plan.
582 c) Where it can be shown that pathway materials alternate to those specified in this section
583 would be more durable to multi-modal traffic, be more environmentally desirable, or be
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584 more in keeping with the overall design of the development, use of these alternate
585 materials may be authorized.
586 18.5 Waiver of pathway location requirements. The property owner or developer may request a
587 waiver from the planning commission or city planner, according to the type of plan review
588 required by article 10 of this ordinance, under the following circumstances in order to
589 reduce or eliminate the requirements for pathway installation:
590 a) When the property is isolated from the existing pathway network, with no existing
591 pathways within the immediate vicinity of the property.
592 b) When the proposed use would not generate or attract additional pedestrian, bicycle, or
593 other non-motorized trips.
594 c) When physical characteristics of the property are such that pathway installation is
595 impractical or impossible.
596 18.6 State Law Requirements. Where state laws or regulations of the Delaware Department of
597 Transportation applying to right-of-way design conflict with the provisions of this section,
598 the state laws and regulations shall prevail.
599 (Ord. of 6-13-1994; (Ord. of 9-13-1999)
600
601 BE IT FURTHER ORDAINED:
602
603 That Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 19 – Building and
604 Architectural Design Guidelines of the Dover Code be amended by deleting the text indicated in red
605 strikeout and inserting the bold, blue text, as follows:
606
607 Section 19. - Building and architectural design guidelines.
608
609 The following guidelines shall be used in design of buildings and their architectural characteristics for
610 the purposes of meeting the intent of Appendix B – Zoning, aArticle 10 – Planning Commission,
611 section 2, subsection 2.27:
612 (1) Physical orientation and facade.
613 (i) The principal building facade of proposed buildings shall be oriented toward the primary
614 street frontage, and in the same direction as the majority of existing buildings on the
615 frontage street. Proposed buildings on corner properties shall reflect a public facade on
616 both street frontages.
617 (ii) Consideration shall be given to the dominant architectural features of existing buildings,
618 but do not necessarily have to mimic those styles. Large expanses of blank walls are to be
619 avoided, [and] consideration shall be given to windows and entrance ways along frontage,
620 as well as projecting elements such as eaves, cornices, canopies, projecting bays, shadow
621 lines and overhangs.
622 (2) Architectural characteristics.
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623 (i) Building proportions. Consideration shall be given to proportional attributes, including
624 overall height-to-width ratios, of existing building facades, doors, windows, projecting
625 canopies, and other architectural features, found in adjacent existing buildings.
626 (ii) Building mass. Facades of new buildings shall consider, but not mimic, the sense of
627 lightness or weight of existing buildings on neighboring properties and consider similar
628 proportions of solids (i.e., siding, blank walls, etc.) to voids (i.e., windows, door openings,
629 etc.).
630 (iii) Materials. Proposed buildings shall incorporate durable exterior surface materials similar
631 to and complementary with the color, texture, size, and scale of exterior materials reflected
632 on existing buildings in the immediate vicinity.
633 (iv) Roofs. Consideration shall be given to general shape, ridge and eave heights, and material
634 characteristics expressed in existing buildings along the subject street.
635 (v) Visible utilities. Outside HVAC equipment and visible utility connections shall be
636 designed to minimize impact on adjacent property owners, by reducing their overall
637 visible presence and if necessary screening them from public view. Consideration
638 must also be given to equipment placement in proximity to loading areas and public
639 facades of the buildings.
640 (3) Exemptions.
641 (i) Building additions. Proposed building additions which will be designed to match the
642 architectural characteristics and exterior material treatments of the existing building to
643 which the addition is being made shall be exempt from the requirement to submit elevation
644 drawings or other graphic representations.
645 (Ord. of 9-25-2000)
646
647 BE IT FURTHER ORDAINED:
648
649 That Appendix B - Zoning, Article 6 – Off-Street Parking, Driveways and Loading Facilities, Section 3
650 – Required Off-Street Parking Spaces, Subsection 3.6 – Drainage and Surfacing of the Dover Code be
651 amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as follows:
652
653 ARTICLE 6. - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES
654
655 Section 3. - Required off-street parking spaces.
656
657 3.6 Drainage and surfacing.
658 (a) All open permanent parking areas and access drives shall be properly drained and all such
659 areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface.
660 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six
661 inches in height. The planning commission city planner may relax this requirement for a
662 portion of a parking area when there is a demonstrated need to convey stormwater to a
663 proposed or approved stormwater management area. Curbing shall not be required for
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664 loading areas, handicapped access and for parking spaces accessory to a one-family or two-
665 family residence (see also article 6, section 5.3).
666
667 BE IT FURTHER ORDAINED:
668
669 That Appendix B - Zoning, Article 6 – Off-Street Parking, Driveways and Loading Facilities, Section 3
670 – Required Off-Street Parking Spaces, Subsection 3.9 – Adjustments to Parking Requirements of the
671 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text,
672 as follows:
673
674 3.9 Adjustments to parking requirements. The planning commission or city planner, according to
675 the type of plan review required by Appendix B – Zoning, Article 10 – Planning Commission,
676 may reduce, in an amount not to exceed 50 percent, the number of parking spaces required when, in
677 the opinion of the commission, it has been demonstrated that the use is adequately served by
678 transportation and parking alternatives, including but not limited to:
679 (a) Site plan proposals within the downtown redevelopment target area, as described in
680 appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the
681 amount of off-street parking normally required, due to the availability of mass transit,
682 municipal parking and existing pedestrian amenities.
683 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking
684 facilities, in accordance with the following schedule:
685 (1) Each carpool space shall be equivalent to three standard parking spaces.
686 (2) Each vanpool space shall be equivalent to five standard parking spaces.
687 (3) Every group of five bicycle parking spaces shall be equivalent to one standard
688 parking space.
689 (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department
690 of Transportation.
691 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of
692 municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be
693 in a monetary amount equivalent to the estimated cost of construction for the number of
694 standard surface parking spaces for which the reduction is sought. To take advantage of this
695 option, the developer shall submit to the city engineer a cost estimate for the parking requested
696 to be waived. The city engineer shall examine the estimate for accuracy in current prevailing
697 costs of construction at the time of proposal and shall report to the planning commission his/her
698 findings.
699 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian
700 environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-
701 way connections with existing sidewalk systems and community facilities, park benches and
702 other street furniture, mass transit connections and shelters, and landscaping and shade tree
703 plantings.
704 In all areas, except the downtown redevelopment target area, the planning commission or city
705 planner, according to the type of plan review required by Appendix B – Zoning, Article 10 –
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706 Planning Commission, may require the development plans shall to have an area of open space
707 designated where parking could be constructed less than or equal to the number being reduced. In such
708 cases and the plan shall bear a note which explains that the petitioner, in accepting a parking reduction,
709 agrees to construct such additional parking as is otherwise required under the provisions of the zoning
710 ordinance [this appendix], if the planning commission, after a hearing, determines that the reasons for
711 granting said reduction no longer exist. In all such instances where the planning commission determines
712 that the reasons for granting a reduction no longer exist, the owner of record for the subject property for
713 which a reduction was previously granted must construct the parking required to meet the regulations of
714 the city during the next construction season.
715 (Ord. of 12-14-1992(2); Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 4-23-2007(4) ; Ord. No. 2009-
716 12, 9-14-2009; Ord. No. 2009-30, 3-8-2010; Ord. No. 2011-29, 1-9-2012; Ord. No. 2011-29, 1-9-2012)
717
718 BE IT FURTHER ORDAINED:
719
720 That Appendix B - Zoning, Article 6 – Off-Street Parking, Driveways and Loading Facilities, Section 5
721 – Supplementary Regulations for Parking and Loading Facilities of the Dover Code be amended by
722 deleting the text indicated in red strikeout and inserting the bold, blue text, as follows:
723
724 Section 5. - Supplementary regulations for parking and loading facilities.
725
726 5.1 Access near street corners. No entrance or exit for any accessory off-street parking area with
727 over ten parking spaces, nor any loading berth shall be located within 50 feet of the intersection of
728 any two street lines.
729 5.2 On lots divided by zone boundaries. When a lot is located partly in one district and partly in
730 another district, the regulations for the district requiring the greater number of parking spaces or
731 loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be
732 located without regard to district lines, provided that no such parking spaces or loading berths shall
733 be located in a residence zone, unless the use to which they are accessory is permitted in such zone,
734 or by special permission of the board of adjustment.
735 5.3 Supplementary parking regulations for multiple dwellings. No parking space shall be located in
736 any front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles
737 within 15 feet of any wall or portion thereof, which wall contains legal windows (other than legal
738 bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said
739 parking space is prohibited. Except for electric vehicle charging stations, no automobile service
740 No service of any kind shall be permitted to be extended to users of the lot, including automobile
741 service, sales, repair or fueling, and no gasoline, oil, grease, or other related supplies shall be stored
742 or sold in any such lot or in any garage on such lot.
743 5.4 Supplementary regulations for any parking lots adjacent to residential lots.
744 5.41 Whenever space is provided for the parking of ten or more vehicles in the open, such spaces
745 shall be individually identified by means of pavement markings.
746 5.42 Reserved.
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Proposed Ordinance #2017-12 - Appendix B – Zoning, Article 5 – Supplementary Regulations,
and Article 6 - Off-Street Parking, Driveways and Loading Facilities Page | 20
747 5.43 Wherever a parking lot is located across the street from other land in any residence zone, it
748 shall be screened from the view of such land by a thick hedge located along a line drawn parallel to
749 the street and a distance of 20 feet therefrom, [and] such hedge [is] to be interrupted only at points
750 of ingress and egress. The open area between such hedge and the street shall be landscaped in
751 harmony with the landscaping prevailing on neighboring properties fronting on the same street. A
752 fence five feet high may be required while such hedge is growing to a suitable thickness.
753 Whenever a parking lot is located across the street from a residential use, it shall be screened
754 from view of such land by a thick hedge located along a line drawn parallel to the street, such
755 hedge to be interrupted only at points of ingress and egress. The open area between such
756 hedge and the street shall be landscaped in harmony with the landscaping prevailing on
757 neighboring properties fronting on the same street. While the hedge is growing to a suitable
758 height, an adjacent four foot high fence may be required by either the planning commission or
759 city planner, according to the type of review required by Article 10 of this ordinance.
760 (Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 10-12-1998; Ord. No. 2009-28, 3-8-2010; Ord. No.
761 2016-14, 5-9-2016 )
762
763 ADOPTED: *
764 S:\ClerksOffice\Ordinances\Ordinance #2017-12 - App B - Zoning, Art 5 - Supp Reg and Art 6 - Off-Street Parking.wpd.doc
765
766
767 SYNOPSIS
768 The proposed ordinance updates sections of Articles 5 and 6 of the Zoning Ordinance in order to
769 enhance the flexibility of the code in several areas, including dumpster requirements, screening and
770 buffer requirements, tree planting requirements, and curbing requirements. The proposed ordinance also
771 adds requirements for recycling to Article 5, Section 6 and rewrites Article 5, Section 18 to allow the
772 City to require multi-use path instead of frontage sidewalk under specific circumstances.
773
774 (SPONSORS: HARE AND SLAVIN)
775
776 Actions History:
777 08/14/17 – Scheduled for Introduction – Council Committee of the Whole/Legislative, Finance, and
778 Administration Committee