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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, March 19, 2018 – 7:00 P.M.
City Hall, City Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
1) Site Plan Application S-18-03 Lidl Grocery Store & Retail Space at North DuPont Highway
and Kings Highway NE will not be heard by the Planning Commission on March 19, 2018 at
the request of the applicant to defer consideration. This Application and Public Hearing will
be rescheduled for a future Planning Commission meeting and will be subject to Public
Notice requirements.
ADOPTION OF MINUTES OF REGULAR MEETING of February 20, 2018
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, April
16, 2018 at 7:00pm in the City Council Chambers.
2) Update on City Council Actions
3) Update from Planning Office
a. Educational and Training Opportunities
OPENING REMARKS CONCERNING APPLICATIONS
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
2) Revisions to Applications:
A. S-17-12 Capital Station Dover at 50 North DuPont Highway: Architecture Review –
Review of Architecture for Building 4 associated with the commercial development to be
known as Capital Station, at the northwest corner of North DuPont Highway and Division
Street and also adjacent to Maple Parkway. The Planning Commission granted
conditional approval on June 19, 2017 to the Site Development Plan S-17-12 for the
development consisting of a 24,197 S.F. retail and restaurant multi-tenant building, a
6,625 S.F. retail and restaurant multi-tenant building, a 6,100 S.F. retail or restaurant
building, a 6,080 S.F. restaurant building, and a 21,998 S.F. grocery store. Related site
improvements include demolition of the former Playtex factory and provision of parking,
landscaping, and pedestrian and bicycle facilities for the shopping center. The property is
zoned SC-1 (Neighborhood Shopping Center Zone) and subject to the SWPOZ (Source
Water Protection Overlay Zone – Tier 1: Secondary Wellhead Protection Area). The
owner of record is Capital Station Dover LLC. Property Address: 50 North DuPont
Highway. Tax Parcel: ED-05-077.06-01-02.00-000. Council District: 2.
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City of Dover Planning Commission Agenda
Public Hearing: March 19, 2018
Page 2 of 2
NEW APPLICATIONS
1) MI-18-02 Text Amendments: Manufactured Housing and Land Lease Communities (Dover
Code of Ordinances, Chapter 66 and Zoning Ordinance, Article 3, Section 8 and Article 12)
– Public Hearing and Review for Recommendation to City Council on Text Amendments to
the Dover Code of Ordinances, Chapter 66 - Manufactured Homes, Mobile Homes, and Lend
Lease Communities; to Zoning Ordinance, Article 3, Section 8- Manufactured Housing
(MH) Zone; and to Zoning Ordinance, Article 12- Definitions. The proposed ordinance
reorganizes and clarifies a portion of the updates to the Dover Code made in August 2016
through Ordinance #2016-16. The proposed ordinance also brings the updates into
compliance with provisions of the Delaware Code related to manufactured housing and
rental housing, particularly Title 25, Chapters 53, 55, 70, and 71. The updates affected
include requirements for placing and licensing manufactured homes, standards for
management and maintenance of land lease communities, taxation, and code enforcement. A
distinction is also made between manufactured homes and permanently placed manufactured
homes in the Zoning Ordinance.
• A copy of the Proposed Ordinance #2018-01 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 February 13, 2018 and the First Reading before City Council
occurred on February 26, 2018. The Public Hearing before the Planning Commission
is set for March 19, 2018 and Public Hearing and Final Reading before City Council
is on April 9, 2018.
NEW BUSINESS
1) Update on Appointment of the Architectural Review Oversight Subcommittee of Planning
Commission (in accordance with Zoning Ordinance, Article 10 §2.28)
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: March 9, 2018
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CITY OF DOVER PLANNING COMMISSION
FEBRUARY 20, 2018
The Regular Meeting of the City of Dover Planning Commission was held on Tuesday, February
20, 2018 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding.
Members present were Mr. Holden, Mr. Roach (arrived at 7:05pm) Ms. Edwards, Mr. Holt, Mr.
Baldwin, Dr. Jones, Ms. Maucher and Mr. Tolbert. The member absent was Mrs. Welsh.
Staff members present were Mrs. Dawn Melson-Williams, Mr. Eddie Diaz, Mr. Jason Lyon, Mr.
Julian Swierczek and Mrs. Kristen Mullaney. Also present were Mr. Mike Henry, Mr. JD Barlett,
Mr. Ray Searles, Mr. Frank DiMondi, Mr. Bob MacLeish, Mr. Jamie Seckler, and Mr. Todd
Frey. Speaking from the public was Mr. Christopher Smith, Mr. Stephen Schlesinger, Mr.
Rudolph Ruffin and Mr. John Paradee.
APPROVAL OF AGENDA
Mr. Holden moved to approve the agenda as submitted, seconded by Dr. Jones and the motion
was unanimously carried 8-0 with Mrs. Welsh absent.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF
DECEMBER 18, 2017
Mr. Holt moved to approve the Planning Commission Meeting minutes of December 18, 2017,
seconded by Ms. Edwards and the motion was unanimously carried 8-0 with Mrs. Welsh absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, March 19, 2018 at 7:00pm in the City Council Chambers.
Mrs. Melson-Williams stated that the Planning Commission’s Quarterly Workshop for February
has been canceled. Staff will look to reschedule that meeting in the future.
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on December 22 & 23, 2017, January 8 & 9, 2018, January 22 & 23, 2018 and
February 12 & 13, 2018.
Mrs. Melson-Williams stated that they provided a few educational opportunities for members of
the Planning Commission that are part of the University of Delaware’s Institute for Public
Administration. They hold workshops on certain Friday mornings related to Planning. There is
one scheduled for March 2, 2018 and another one for March 23, 2018. If there is a Planning
Commissioner that is interested in participating in those please let Staff know and they can get
you registered for that opportunity.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
meeting.
OLD BUSINESS
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1) Requests for Extensions of Planning Commission Approval: None
2) Revisions to Applications:
A. S-17-29 Delaware State University Residence Hall at 1200 N. DuPont Highway: Master
Plan – Update on Revisions to Site Plan and Building Architecture associated with the
Site Development Master Plan application for the Residence Hall project approved by the
Planning Commission on November 20, 2017. The Site Development Master Plan has
been Revised to consist of a new 192,141 S.F. five-story Student Residence Hall of 620
Beds (increased from 600 Beds and including refinement of building footprint with
increase in building size) and architectural changes to exterior finishes. The project
phases consist of the following: Phase 1- Relocation of Utilities, Phase 2 - Construction
of Residence Hall and Demolition of Laws Hall, and Phase 3 - Demolition of Tubman
Hall. The subject project area is internal to the Delaware State University Campus of
287.32 +/- acres. The property is zoned IO (Institutional and Office Zone) and subject to
the SWPOZ (Source Water Protection Overlay Zone) – Tier 3: Excellent Recharge Area.
The campus is location west of North DuPont Highway and north of College Road. The
owner of record is State of Delaware c/o Delaware State University. Property Address:
1200 North DuPont Highway. Tax Parcels: ED-05-057.00-01-19.00-000, ED-05-057.00-
01-20.00-000, and ED-05-057.00-01-21.00-000. Council District 4. The associated
Administrative Site Plans are S-17-31 Phase 1, S-17-33 Phase 2, and S-17-34 Phase 3.
Representative: Mr. JD Bartlett, Delaware State University; Mr. Mike Henry, Becker Morgan
Group
Mrs. Melson-Williams stated that this application is for Delaware State University Residence
Hall on the campus of the university located at 1200 North DuPont Highway. This is a Master
Plan that was first reviewed by the Planning Commission in November 2017 and at that time the
Planning Commission granted conditional approval of the Master Plan. It’s a series of three
phases. The first phase being the relocation of utilities in preparation for the project. Phase 2 is
the construction of the Residence Hall and the demolition of Laws Hall. Phase 3 will involve the
demolition of Tubman Hall. The property is zoned IO (Institutional and Office Zone) and also
subject to the SWPOZ (Source Water Protection Overlay Zone). The project since November has
been moving through the Administrative Site Plan reviews for each of the phases which it was
eligible for after approval of the Master Plan by the Planning Commission. Phase 1 for the
relocation of the utilities in the project area received Final Plan approval in mid January and
construction on that phase has commenced. Currently, Phases 2 and 3 are in the plan review
process. In that process, one of the submissions for Phase 2 identified a series of changes that we
bring to the Commission this evening for the Residence Hall. The Residence Hall has a series of
site changes and some building architectural changes that they would like to inform the
Commission about. They are not considered substantial amendments to the plan that would
require a public hearing. Staff felt that it was appropriate to refer this to the Commission to update
them on those aspects.
First, there is an increase in the total square footage of the Residence Hall building. The graphic
on the screen shows the location of a somewhat “U” shaped new Residence Hall building. The
Planning Commission originally approved a square footage of 190,000 SF for the building.
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Through the design refinement process in the last few months, the building size is now 192,141
SF. It’s no real substantial change to the building footprint itself when comparing the two plans.
The second change is actually an increase in the number of beds that this Residence Hall would
provide. The bed count has increased from the approved 600 beds to a proposed 620 beds. This
was basically achieved through what they call re-programming some of the first-floor areas. The
other aspect of change is revisions to the building architecture. There have been some minor
changes to the exterior finish materials in certain areas. In November, the renderings showed
basically a brick building and the proposed rendering shows some changes in the use of where
brick and where the panel system will be located. Basically, there is an increase in the areas
where they will be making use of the panel system rather than the brick. You see that in the
corner of the building and some areas expanded beyond just the upper floor of the site.
An elevation shows a brick masonry building with a grayish panel system utilized for the top
floor. Another elevation shows a view of the revised scenario which includes still using a panel
system on the upper most floor but then in certain areas making use of it for a majority of the
building façade.
This is a series of minor plan revisions involving some architectural tweaking and design
refinement as they have been moving through this process to get ready to commence
construction later this spring.
Mr. Bartlett stated that they are in agreement with everything that was described.
Mr. Holden stated that the return of this plan to the Commission and the update and increase in
beds and square footage raises an issue that we talked about previously and a concern that he has.
There is a remaining 800 SF or so of College Road that doesn’t currently have sidewalk. This
plan is going to put footprint and residents in very near proximity to that location. The
Commission had some discussion at the last hearing when this previous application was held in
regard to the challenges of putting sidewalk in that footprint which he understands. He visited the
site to understand those a little bit better in person. He thinks that they are charged with the
public safety and welfare of the project and also to the comfort and the convenience of the public
in general and the residents of the immediate area. He thinks that the approval of the application
needs to be contingent upon the installation of sidewalk along that remaining footage.
Mr. Henry stated that the location of the sidewalk in question poses some physical issues. The
roadside drainage ditch and a significant elevational difference from the road as well as a mature
line of pine trees that are basically at the top of that embankment really limit the location to
install a sidewalk along there. There is really no room at the top of that embankment to install a
sidewalk without significant modifications to the grading which is why they previously requested
a waiver from that requirement.
Mr. Holden stated that he recognizes that there are some challenges there that are maybe not
posed by a true flat at grade site without drainage along the edge. He would make comment to
the abilities of the engineering firm and the designer in question; he has no doubt that there are a
number of different solutions to this. He would also point out the need for this. There are both
residents and visitors to the University that travel along that roadway. There was some comment
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previously that the public is welcome to traverse from the terminus of one piece of sidewalk to
the other through campus. There is not really a direct path there and he doesn’t think that it is
functional. Our Code requires sidewalk here and they have a fair amount of footprint to
accomplish both drainage and sidewalk through a number of different ways. He recognizes that it
is not ideal and he recognizes for the University, the value of the tree line there. He has full
confidence that the applicant and their design engineer can work with Staff to come to a solution
that provides pedestrian access from the terminus of where sidewalk ends currently. They have
accomplished very neat engineering features there on campus and he doesn’t have any concern
of them being able to find a solution here.
Mr. Holden moved to approve S-17-29 Delaware State University Residence Hall at 1200 N.
DuPont Highway: Master Plan to include the update to the revisions of the Site Plan contingent
upon the applicant including sidewalk along the remaining portion of State College Road that
does not currently have sidewalk and for the applicant to work with Staff on a functional way to
accomplish that, seconded by Mr. Holt and the motion was carried 8-0 by roll call vote with Mrs.
Welsh absent. Mr. Holden voting yes; for his previous statements and he would also offer that he
is very happy to see the University expanding and upgrading the facilities within this footprint
because they are a critical partner for the City. Mr. Roach voting yes; he doesn’t know what the
changes were as far as the size or if there was a financial issue in regards to trying to get that
footpath but he does believe that the safety of the residents crossing in that area is very
important. Ms. Edwards voting yes; based on the reasons previously stated. Mr. Holt voting yes;
he thinks that the safety of the residents is primary. The buildings are very nice; they did a
beautiful job on the architecture and he thinks that it’s going to be a great addition for the
college. Mr. Baldwin voting yes; he hopes that the applicant can work with Staff to get the
sidewalks replaced. Dr. Jones voting yes; she is very concerned about the safety and welfare of
the students using the appropriate walkways and she does think that the addition of the sidewalk
would add to the aesthetics of the campus. Ms. Maucher voting yes; for the reasons previously
stated. Mr. Tolbert voting yes; the facility that they are in the process of getting together is very
much needed at this time. He is also impressed with the representative’s willingness to work with
the Staff to deal with any issues that the Commission may have.
NEW APPLICATIONS
1) C-18-01 Governors Café Kitchen Addition at 144 Kings Highway SW – Public Hearing and
Review of Conditional Use Site Plan Application to permit the construction of a one-story, 344
SF addition to the kitchen for the Governors Cafe. The Governors Café is located within the
existing building at 144 Kings Highway SW. The property consists of 0.7419 +/- acres and is
located at the southernmost intersection of American Avenue and Kings Highway. The property
is zoned RG-O (General Residence and Office Zone) and is subject to the H (Historic District
Zone). The owner of record is Cahall Properties, LLC. Address: 144 Kings Highway SW. Tax
Parcel: ED-05-077.05-04-40.00-000. Council District 2. Application HI-17-04 was reviewed by
the Historic District Commission on December 21, 2017.
Representative: Mr. Raymond Searles, Owner of the Governors Café
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Mr. Swierczek stated that this application is a Conditional Use Site Plan to permit the construction of
a one story 344 SF addition to the kitchen of the Governors Café. The Governors Café is located
within the existing building at 144 Kings Highway SW on the northern corner of the intersection of
Kings Highway and American Avenue. This site is zoned RG-O (General Residence and Office
Zone) and is subject to the H (Historic District Zone) requirements. On that note, Application HI-17-
04 went before the Historic District Commission in December and they voted to approve the
Architectural Review Certificate for this proposal. Therefore, the application meets the requirements
for the Historic District review. This is a Conditional Use application as the proposal for a kitchen
addition to the restaurant is located within an existing structure. According to the Zoning Ordinance,
restaurants are an acceptable Conditional Use in the RG-O (General Residence and Office Zone).
The application also includes plans for a temporary tent structure to be located to the south on the
property only to be erected on Saturday’s for special events. It would include seating for
approximately 56 people and the applicant has indicated that they will comply with City Codes to
ensure that light and sound does not disturb neighbors.
The Code states that no parking shall be required for retail user on a site that is zoned RG-O
(General Residence and Office Zone) as long as it is in the Historic District. The use of a restaurant
is considered by the Planning Office to be a retail use, meaning that they would not require any off-
street parking. However, they have indicated that they will keep the 13 existing ones including one
handicapped space. There is still over 4,300 SF of occupied office space elsewhere in the building.
There is a further provision that would require that there by fifteen parking spaces in total off-street
on the site. There is a provision in the Code that allows for a 20% reduction if it’s in the Historic
District so that would still remain compliant.
Mr. Searles stated that Staff has been more than willing to work with them on this and it’s a
necessary expansion for them to continue as a business. What they are trying to do is actually cook
things versus using electric gear. Their intention is to become more of a full-service place.
The only question that he thinks most people will have is what kind of special events they will be
having on Saturdays. They are looking at the possibility of doing weddings in the front yard. They
picked just Saturdays because there is nobody down there on Saturdays. The parking on the streets is
wide open. He feels that this is something that won’t impact the area at the same time. They can
comply with all of the City requirements because each time he has to go through the City to permit
for that. He thinks that is another plus for the Downtown area.
Mr. Tolbert questioned if they will have music on a regular basis and not just during special events?
Responding to Mr. Tolbert, Mr. Searles stated that the only thing that they are looking at is putting
one speaker out on the deck to play Sirius Radio. Right now, a lot of their patrons will put their
iPhones in a coffee cup to amplify music because currently there is nothing out there. There are only
one set of structures to the left-hand side as you are facing out from the Café. They are looking to
take that one wireless speaker and running it down the side away from the building. It’s always quiet
because he is too old for a rock and roll place. He is very conscious of volume and things like that.
Mr. Tolbert stated that was his concern. As long as the neighbors are content and not disturbed.
Responding to Mr. Tolbert, Mr. Searles stated that he tries to answer all of his neighbor’s concerns
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and problems right away. You can check with Dover PD. The only problems that they have had in
my business is the burglar alarm system going off.
Ms. Maucher questioned if you were to hold an event you would have to get a City permit in order to
have the event? Responding to Ms. Maucher, Mr. Searles stated yes, what they are trying to do is get
it put into the wording of what’s happening down there so that it allows him to do that. He still has to
follow the City’s noise ordinance and things like that. They are not looking to expand their hours.
They are out of there by 11:15 PM. He is not looking to be there late night. It would be the same for
weddings. If they get lucky enough to have a wedding, then they would shut it down as well. Bad
things happen late at night and he is not interested in that. He did that for 26 years and that is not his
thing.
Mrs. Melson-Williams stated that the temporary event information that is shown on this plan is
subject to our Special Event Permit process because it would be an outside temporary space that
requires a type of Public Occupancy Permit which involves review by the Fire Marshal’s Office for a
means of egress since it would be a public space. It is something that while there is a plan diagram
here showing a potential layout, there is a permit needed for each time that such event would be
held. They will certainly be working with the owner if that is the case that they chose to move
forward with some type of special event activity on the project site.
Mr. Tolbert opened a public hearing.
Mr. Christopher Smith – Edward Jones - 3 South American Avenue Dover DE 19901
Mr. Smith stated that he is the owner of the building directly adjacent to Governors Café. The back
of their building where they are going to be building. Their new structure is directly facing the back
of his building. He is totally in favor of their project and he has no objections to what they are doing.
He thinks that the only person who would probably be able to see the back of the building is him.
From the road, his building pretty much blocks the facing of that structure.
Mr. Stephen Schlesinger – 40 East Division Street Dover DE 19901
Mr. Schlesinger is concerned about the use of oil or other smells that will change the neighborhood.
The restaurant is in a RG-O (General Residence and Office Zone). It originally started as a coffee
shop and now they want to extend it he believes with more liquor which could be a concern. The
extending of the kitchen may also have odorous attention. He doesn’t know that for a fact but the
odor will come right to their building which is across the alleyway. Their main concern is a zoning
creep where it changes more and more challenging for the environment. They have eleven foot
spacing as far as parking and they are concerned because they have had usages in the past where
other people used their parking lots when it’s inappropriate. They are not in disfavor of this but they
are concerned about the oil aspect and also the parking. Large beer trucks go up the alleyway; they
have been doing that for a long time. As far as the alleyway is concerned, it’s really in pretty poor
paving shape right now. He thinks that it might be attributed to more and more issues going on with
the café. He is concerned because he thinks that we are moving in the wrong direction; it’s kind of
creeping in that regard. He is concerned about moving in too much in the sense of what’s going on
around them. They are about 30 feet from the back of where the oil would be.
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Mr. Tolbert questioned if Mr. Schlesnger had spoken to the owner about his concerns? Responding
to Mr. Tolbert, Mr. Schlesnger stated that he has not been able to see the full plan so he doesn’t
know what is happening besides what is being built out.
Mr. Tolbert further questioned if Mr. Schlesnger represented all of the neighbors in the area or if he
was just speaking for himself? Responding to Mr. Tolbert, Mr. Schlesnger stated that he is speaking
for himself.
Mr. Tolbert suggested that Mr. Schlesnger speak to the owner of the café regarding the alleyway if
it’s not suitable for traffic. He would also suggest that Mr. Schlesnger speak to public officials about
that as well.
Mr. Tolbert closed the public hearing.
Mr. Roach questioned if Mr. Searles has any statements that he wanted to make in regards to Mr.
Schlesnger’s concerns about the expansion? Responding to Mr. Roach, Mr. Searles stated that their
deliveries are actually out on the street. Beer trucks don’t come up through the alleyway. The only
trucks that come up through the alleyway is their soda provider and he has a step down truck so it’s
not a full 18-wheeler; it’s no bigger than the garbage truck that comes each week. They also have a
daily delivery of fresh bread that comes through the alleyway. Those are the only two trucks that
make any deliveries through the alleyway. Everybody else parks on the side streets, which most of
you can probably tell when they impede traffic for a couple of minutes while they are off-loading
their items. As far as the grease smells and things like that, they put lids on things, they cover things
and they do have exhaust fans back there that will be pulling things out from the kitchen but that’s
by Code. There is nothing else that can be done with that so you will smell grilling steaks. It’s on the
backside of both buildings. He doesn’t know what he can do to lessen that impact. He can obviously
tell the delivery drivers not to use the alleyway but that is what the alleyway is for and the trucks are
smaller than the garbage trucks that go through. The main delivery trucks park on the side of the
road and hand cart it into the property.
Mr. Tolbert questioned if Mr. Searles had spoken to the neighbors about their concerns? Responding
to Mr. Tolbert, Mr. Searles stated that he talked to Chris and also the son of the owner directly
behind him. He actually gave him a copy of what they planned to do and there were no concerns
voiced at that time. He talked to the people living at the adjacent property and he did not know that
the gentleman living there is not the owner of the building. He gave him a copy of the plans and told
him everything that was going on.
Mr. Tolbert further questioned as the project becomes increasingly popular and you get an
increasingly large number of people, do you anticipate that parking will become a problem?
Responding to Mr. Tolbert, Mr. Searles stated not at night. They are looking at increasing their night
business. They are increasing dinner. Right now, the café is pretty much empty in the evening time.
They are not looking to become Lone Star Steakhouse busy. He has watched what has happened
with the Grey Fox and a couple of the other places Downtown. Dover doesn’t really pack them in,
although 33 West with half price burgers does a good job with no parking. For them, evening
parking is really not an issue because at 4:00 PM all of the traffic is gone. Daytime parking is an
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issue. They are already plenty busy during the daytime and that’s not going to change because they
can’t do a whole lot more. He doesn’t have enough seats and they aren’t going to get more seats.
Mr. Holt questioned how many offices upstairs are still vacant? Responding to Mr. Holt, Mr. Searles
stated that there are three offices that are still vacant. One directly above the coffee area and there is
one on the second floor and one on the third floor. All of those offices usually contain one to two
people.
Mr. Holden moved to approve C-18-01 Governors Café Kitchen Addition at 144 Kings Highway SW
and a Conditional Use Site Plan attached to that application. He thinks that the café has done well
for the footprint and he thinks that it’s a good fit. He would advise the resident Mr. Schlesnger to
contact City Staff to talk about the concerns of traffic within the alley and he thinks that they are
probably addressable. If there are odor or other issues they will have address those as they occur.
The motion was seconded by Dr. Jones and the motion was approved 8-0 by roll call vote. Mr.
Holden voting yes; for reasons previously stated. Mr. Roach voting yes; he wishes the owner
prosperity with the expansion of the kitchen to expand your night business. Mr. Edwards voting yes;
based on Staff recommendations and Mr. Searles’ willingness to work with Staff and his
consideration for his neighbors. Mr. Holt voting yes; it’s a good fit for the area. Mr. Baldwin voting
yes; for the reasons previously stated. Dr. Jones voting yes; she is looking forward to the expansion.
Mr. Maucher voting yes; for the reasons previously stated. Mr. Tolbert voting yes; the project is
worthwhile and needed. The applicant is willing to not only work with the community residents but
he is also willing to work with City Staff.
2) S-18-01 DGKP Property: Office/Warehouse at 1351 West North Street – Public Hearing and
Review of a Site Development Plan Application to permit construction of a two-story, 71,775 SF
office and warehouse complex and adjoining parking spaces. The property consists of a 5.01 +/-
acres and is located on the north side of North Street, east of Mifflin Road and west of
Commerce Way. The property is zoned IPM (Industrial Park and Manufacturing Zone). The
submission is subject to Review of a Performance Standards Review Application. The owner of
record is DGKP North Street LLC. Address: 1351 West North Street. Tax Parcel: ED-05-076.14-
01-07.00-000. Council District 1. Waivers Requested: Elimination of Opaque Barrier (Opaque
Component) and Partial Elimination of Upright Curbing. Consideration of Performance
Standards Review Application.
Representative: Mr. Frank DiMondi, DGKP, LLC; Mr. Bob MacLeish, Lighthouse
Construction Inc.; Mr. Jamie Seckler, Davis, Bowen & Friedel, Inc.
Mr. Swierczek stated that application S-18-01 is a review of a Site Development Plan application
to permit construction of a two-story, 71,775 SF office and warehouse complex and adjoining
parking spaces. The property consists of a 5.01 +/- acres and is zoned IPM (Industrial Park and
Manufacturing Zone). This property is located on the north side of North Street, east of Mifflin
Road and west of Commerce Way. There is currently an active application for this site dating
from May 2015 that the Planning Commission granted an extension to. This was a Site Plan to
permit the construction of a self-storage facility and it will expire in May 2018. However, this
new application would supersede this previous one.
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The Site Development Plan proposes two new buildings within accompanying site
improvements. Building One is one story and a little over 37,000 SF and is planned to be used
primarily as a warehouse facility. Building Two is two stories and just under 35,000 SF and is
intended to be the Dover main office space for the Delaware Department of Insurance. The two
new buildings are proposed to immediately adjoin one another with Building One located to the
north towards the rear of the site and Building Two towards the front of the site at the south. The
plan proposes a total of 208 off-street parking spaces and 4 loading spaces. In the IPM (Industrial
Park and Manufacturing Zone), the Code calls for parking to be provided at a rate of 1 space per
800 SF or 1 per employee; whichever is greater. The applicants have provided a letter attesting
that they will intend to employ approximately 120 employees in Building Two so the proposed
use of 208 spaces is allowed by Code.
The Planning Office has received two waiver requests for this application. The first is for the
requirement for curbing along the outside perimeter of the parking lot which Planning Staff
recommends approval for as this would be for the sake of facilitating stormwater management.
The applicant has further requested a waiver from the Planning Commission regarding the
opaque barrier requirement of the Zoning Ordinance specifically to eliminate the fence
requirement and to utilize site grading with the required landscaping. Staff would not
recommend approval of this request unless the applicant can provide evidence for their need.
Mrs. Melson-Williams stated that with this property, because it is in the IPM (Industrial Park and
Manufacturing Zone) there is a Performance Standards Review application process that must be
completed. The applicant has provided a narrative of their intended use and how it does not
appear that it would be triggering anything that is dangerous, noxious or offensive. There are a
series of those elements that they must prove that they are not creating in this IPM (Industrial
Park and Manufacturing Zone). Those objectionable elements are outlined on Page 3 of the DAC
Report and the Planning Commission as part of this must confirm that the application is meeting
these applicable Performance Standards. There are some references to that review process in the
DAC Report and then the applicant provided a description of their use.
Mr. Tolbert stated that every time that he sees an application for a warehouse the first thing that
comes to mind is what’s going to be stored in that warehouse but Mrs. Melson-Williams
answered the question before he had to ask it.
Mr. MacLeish stated that he is the construction manager for DGKP. He wants to turn it over to
Mr. Seckler from Davis, Bowen & Friedel to touch on some points on the engineering side of it.
Mr. Seckler stated that they agree with everything that Staff mentioned. In regards to the curb
waiver, they are planning on providing the 6 inch curbing around the building and around some
of the parking; however, at the perimeter area of the parking they would like to get a waiver for
curbing to allow for the stormwater to sheet flow into stormwater areas adjacent to those areas.
They would also like a waiver for the opaque barrier. Currently, there are berms with existing 40
foot trees and the bottom 15-20 feet are dead so there is really no value to them at all. Their plan
is to re-grade those berms and provide better landscaping and trees to do a complete buffer to the
residential. There is really no other fencing in the area which makes them feel like the waiver to
remove the opaque barrier requirement would kind of fit in better with the surrounding
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community. Their dumpster area that they provide on the plan has three dumpsters. He knows
that only two are required but he thinks that with the size of the buildings, that three will fit
better.
Mr. MacLeish stated that the Insurance Commissioner’s insurance department is moving into the
front two story office. The back, which is the warehouse is actually going to consolidate a
number of the Division of Historical and Cultural Affairs sites. They are located throughout the
greater Dover area and they are going to bring all of those into one house. There are minimal
employees who are employed there. There are about 8-10 that run the facility overall but most of
it is going to be housing of artifacts that are collected over a period of years and stored there. It’s
a very minimal use. The staff who are there will work on some of those artifacts to the
presentations for public as well.
They have read through all of the requirements. The City and State requirements are outlined.
The Performance Standards and bicycle racks are noted and they will work with Staff on their
final location as well as the dumpsters that Mr. Seckler mentioned earlier. The ADA accessibility
and the lighting plan were submitted today. They also agreed on the notes on Sheets 1 and 4 that
Staff had spoken to. They also agree with the DAC comments from the Electric Department and
Public Works as well as the Fire Marshal. They have submitted to DelDOT and are in the initial
review process.
Ms. Maucher questioned why they want the maximum number of parking spaces rather than the
minimum? From the description, it sounds like they could use fewer spots and they are just
paving more than is necessary. Responding to Ms. Maucher, Mr. MacLeish stated that one of the
things the Insurance Commissioner will have is public meetings and one of the problems that
they run into at their present location when they have those meetings is that sometimes it
overflows and they fill up Silver Lake Boulevard. There is really no overflow that they can go to
at the new location. They don’t want to spend money and pave if they don’t have to but it was a
request and they thought that it was a reasonable again to meet their needs.
Mr. Holden stated that he likes the plans and the uses. He thinks that it’s a great project for an
unused site although it’s been a stand in skate park for years. He is hopefully that the City can
find an alternative spot but he also has some concerns. The plans that were submitted don’t
necessarily address all that is required for a Site Plan for submission to the City. It doesn’t show
outdoor signs, outdoor lighting, proposed contours (the contours that are shown for stormwater
don’t tie to the existing contours that were shown), the existing/proposed utilities, who is going
to build what component of that and where new and existing paving is. Out of all of those, he
thinks that the applicant can work with Staff to address all of those. He recognizes that DelDOT
is going to drive the entrance quite a bit and that probably will change. The major concern that
he has is the request for the waiver of the fence. He thinks that a berm and landscape is a suitable
replacement. The challenge is that the berms that seem to be apparent on the Existing Conditions
Plan are going to have to be removed for the stormwater and the parking lot. So we are left
without information to understand what the height of the berm is or how they would be
landscaped and then add into that the statement about the lower 15-20 feet of those trees are
dead. If we are left with 6 inches of berm and 10-15 feet of dead trees below, he doesn’t know
that they meet the intent for a barrier. He doesn’t know if the applicant can comfortably provide
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a minimum height of berm and confirm that those will be planted to the satisfaction of Staff to
ensure that those lower 15-20 feet of trees that are dead that they are going to further cut back
into are going to provide the screening or whether we want to revisit this at a future meeting. He
thinks that the path is sound but they haven’t been provided enough information to act on that.
Mr. Seckler stated that they are going to remove the berm. If you go over more than a 4 to 1 it is
really hard to maintain so there will be about a 4 to 1 berm. They will be roughly about 3 feet
high with the plantings on top of that with the shrubbery. The berm is going to be roughly 2.5 to
3 feet high to fit in the 20-25 feet landscape buffer area.
Mr. MacLeish stated that they are removing those existing trees because they think that a lot of
them are diseased. They are trying to finalize that right now with the Landscape Architect. Right
now as they work through, a lot of what they look at is very similar to see what’s on the new
Parkway that has just been built with a really nice berm. They looked at the fencing on the back
and on the west side of the property. They have a drainage ditch that runs parallel with them and
they just thought that they could act a little bit softer or nicer and create more of a comfort within
the zone. The backside backs up to the apartments and they thought that when they got there that
it became a real harshness. That was the reason they asked; it wasn’t because they were just
opposed to putting it in. They were trying to juggle here is a combination of DelDOT telling
them to move a little bit in the front. They have had their meeting with Soil Conservation who
agrees in principal with what they are trying to do and then to just bring all of those components
together.
Mr. Holden stated that if we can land to ensure that we have a three-foot berm above proposed
grade that is going to be landscaped to the satisfaction of Staff then that provides them a
framework to consider the waiver. That process is there for good reason and that existing tree
line doesn’t always provide it nor is a fence always the right solution so he appreciates the
opportunity for an alternative solution. They just want to make sure that they have enough
information to really address that waiver request. If the applicant is comfortable with a three foot
berm and landscaping to be provided to Staff’s concurrence, then he thinks that gives the
Commission something to act on.
Mr. MacLeish stated that they would agree to that. He has enjoyed the meetings that they have
had with Staff. A lot of their suggestions and ideas up to this point have been very helpful.
Mr. Tolbert questioned if the applicant will be able to work cooperatively with Staff regarding
some of the issues that may be raised by this Commission regarding this application?
Responding to Mr. Tolbert, Mr. MacLeish stated yes.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Dr. Jones moved to approve S-18-01 DGKP Property: Office/Warehouse at 1351 West North
Street to include the request for waiver for the partial elimination of the upright curbing and that
we approve the elimination of the opaque barrier on the basis of the comments and
considerations voiced and based upon the applicant’s agreement to work with Staff to make sure
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this happens, seconded by Mr. Holt.
Mrs. Melson-Williams questioned if Dr. Jones is also granting approval to the Site Plan itself as
part of the motion in accordance with the DAC Report? Responding to Mrs. Melson-Williams,
Dr. Jones stated yes.
Mrs. Melson-Williams further questioned if Dr. Jones had a preference in regards to the
Performance Standards Review application? Responding to Mrs. Melson-Williams, Dr. Jones
asked for assistance.
Mr. Holden stated that he wanted to amend the motion to ensure that we are clear that the waiver
for the opaque barrier is contingent upon a minimum three-foot berm from either top curb or near
the edge of paving to be landscaped to Staff’s satisfaction and then that the Commission
acknowledges that the Site Plan and application is in compliance with the Performance Review
Standards.
The motion was amended to include that the opaque barrier is contingent upon a minimum
three-foot berm from either top curb or near the edge of paving to be landscaped to Staff’s
satisfaction and then that the Commission acknowledges that the Site Plan and application is in
compliance with the Performance Review Standards and the motion was carried 8-0 by roll call
vote with Mrs. Welsh absent. Mr. Holden voting yes; the addition of this project in this area will
benefit the City and he appreciates the applicant’s willingness to work with both Staff and the
Commission. Mr. Roach voting yes; for the reasons previously stated. Mr. Edwards voting yes;
for the reasons previously stated. Mr. Holt voting yes; in regards to Mr. Holden’s comments and
the applicant’s ability to work with Staff. Mr. Baldwin voting yes; for the applicant getting the
area cleaned up and for clarifying the opaque barriers for the neighbors in that area. Dr. Jones
voting yes; for the reasons previously stated and she thinks that it is going to be a welcomed
addition to that area. Ms. Maucher voting yes; for the reasons previously stated. Mr. Tolbert
voting yes; for the reasons previously stated and for the clarification that he got from Mrs.
Melson-Williams regarding what would be stored in that warehouse and the limitations on it.
3) SB-18-01 Minor Subdivision Plan for 747 North DuPont Highway – Public Hearing and Review
of a Minor Subdivision Plan application to permit the subdivision of a 25.01 +/- acre parcel into:
Lot 1 of 10.007 acres and Lot 2 of 15.004 acres. The property is located on the northeast side of
North DuPont Highway and south of Leipsic Road. The property is zoned SC-2 (Community
Shopping Center: Shopping Center Development Zone) and subject to the SWPOZ (Source
Water Protection Overlay Zone – Tier 3: Excellent Recharge Area). The owner of record is
Rojan DD 15 LLC. Property Addresses: 747 North DuPont Highway. Tax Parcel: ED-05-068.05-
01-15.00-000. Council District 3.
Representative: Mr. Todd Frey, Duffield Associates
Mr. Diaz stated that this is a Minor Subdivision Plan for 747 North DuPont Highway which is
sometimes known as the old Berry Van Lines site. The property is located on the northeast side of
North DuPont Highway and south of Leipsic Road. It has frontage on both of those streets but as
shown on the Site Plan, it does not include the corner of those two streets. The property is zoned
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SC-2 (Community Shopping Center: Shopping Center Development Zone) and subject to the
SWPOZ (Source Water Protection Overlay Zone – Tier 3: Excellent Recharge Area). The property is
25 acres and applicant’s proposal is to divide it into a front lot of 10 acres and a rear lot of 15 acres.
The front lot would be off of North DuPont Highway and the rear lot would be off of Leipsic Road.
At present, they don’t know what will be developed on these two lots but they expect to see a
submission in the near future that will tell them more and will come before the Planning Commission
once it’s received. The DAC had no issues with the Subdivision itself. The Public Works Staff did
work with them to resolve the confusion surrounding of the old utility easements on the site and
Planning Staff also asked the applicant to record a cross access easement between the two parcels.
That easement will allow people and vehicles to move freely between the two parcels once they are
developed which is a critical thing to make sure that the two parcels can maintain cohension as a
single community shopping center as called for by the zoning. There are no suggested conditions of
approval for this project.
Mr. Frey stated that he believes that the summary by Mr. Diaz is accurate and they have no objection
to any of the comments that were received to date.
Mr. Tolbert opened a public hearing.
Mr. Rudolph Ruffin – MDR & Son – 18 Guenever Dr New Castle, DE 19720
Mr. Ruffin stated that he is 100% for the project. He has seen these projects come and go over the
years. He owns the property at 705 North DuPont Highway and a lot of the engineers have been out
to look at his property. We have a septic tank and they have been trying to figure out how to get a
gravity flow and the only way that he can get a gravity follow is to go across that piece of land. When
Mr. Berry was there running the property, he indicated to him that he was in the process of selling it.
He has owned this property of a number of years and it used to be an old Arby’s. He got promise after
promise from people who would buy the property, but nothing would happen to it. They kept telling
him to come back when the next person comes along. He has been waiting since 2005 to get
somebody to do something with this property so that they could have a gravity flow sewage line.
They have promised him many times that whoever develops that property would put a line right up to
his line and then he would be able to tie into it and have a gravity flow. He understands from Public
Works that it is on the paperwork.
Mr. Tolbert closed the public hearing.
Mr. Holt stated that the Golden Corral restaurant was going to build there and then for some reason it
didn’t pan out and he is wondering what happened on that. Is something not quite right with the
property? Responding to Mr. Holt, Mr. Frey stated that the property had a different owner at the time
that the Golden Corral was coming through, so he doesn’t have any specifics as to why that didn’t go
through. He doesn’t believe that it was anything related to the property; he thinks that it was
something related to the restaurant.
Mr. Holt stated that he knows that it is a valuable piece of property that has been sitting empty for
some time for many years. He hopes that something nice would happen to that piece of property as a
gateway into part of the City of Dover.
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Mr. Holden questioned if the Handbook requires that they extend sewer to adjacent property or is that
ultimately at the pleasure of the applicant once they come back for a Site Plan? Responding to Mr.
Holden, Mr. Lyon stated that when it comes back for a Site Plan that will be evaluated. He will say
that it was a condition of approval in the previous application for Capital Commons. They will hold
tight to that. If you have seen the news, they are not a big fan of pump stations. They are trying to get
everyone on gravity if they can.
Mr. Holden further questioned if Mr. Lyon would recommend that Mr. Ruffin return if we have a Site
Plan to share with us the information that he did this evening? Responding to Mr. Holden, Mr. Lyon
stated yes.
Ms. Maucher moved to approve SB-18-01 Minor Subdivision Plan for 747 North DuPont Highway,
seconded by Mr. Holt and the motion was carried 8-0 by roll call vote with Mrs. Welsh absent. Mr.
Holden voting yes; it’s a Code compliant subdivision and if it helps support redevelopment of this
parcel he thinks that it’s a great thing. Mr. Roach voting yes; for the development of vacant property
and also from the support of adjacent property owners. Ms. Edwards voting yes; based on the all of
the reasons previously stated and she really enjoyed Mr. Ruffin’s support of the applicant. Mr. Holt
voting yes; he thinks that the Minor Subdivision to get this property conditioned and something nice
will happen to it now. Mr. Baldwin voting yes; for all of the reasons stated. Dr. Jones voting yes; for
the reasons previously stated. Ms. Maucher voting yes; for the reasons previously mentioned and
hopefully the subdivision will speed development of the project. Mr. Tolbert voting yes; he sees no
reason to vote otherwise at this point. He is glad that something is going to happen to that tract of
land because he need something positive to happen to it. This applicant will have to come back before
us again once they decide what they want to go on that lot.
4) MI-18-01 Text Amendments: Zoning Ordinance, Article 3 Section 28 for Fuel Pumps as
Conditional Use in TND zone - Public Hearing and Review for Recommendation to City
Council on Text Amendments to the Appendix B: Zoning Ordinance, Article 3 – District
Regulations. The proposed Ordinance is to amend Section 28 - Traditional Neighborhood Design
Zone (TND), Subsection 28.52 – Neighborhood Commercial District. The proposed text revision
seeks to allow fuel pumps as Conditional Use as accessory to a convenience retail store and
subject to the requirements of Article 10, Section 1 – Approval of Conditional Uses. Ordinance
#2017-16. The City Council Public Hearing on this Text Amendment request is scheduled for
March 12, 2018.
• A copy of the Proposed Ordinance #2017-16 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 December 12, 2017 and the First Reading before City Council
occurred on January 8, 2018. The Public Hearing before the Planning Commission is
set for February 20, 2018 and Public Hearing and Final Reading before City Council
is on March 12, 2018.
Representative: (Ordinance Request under sponsorship of 3 members of City Council)
Mrs. Melson-Williams stated that we have a Text Amendment proposal that was received by
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City Council as a constituent request and then sponsored by three members of Council which is
one of the ways a proposed Text Amendment can arrive before the Planning Commission. This
proposed amendment is an amendment to allow fuel pumps as a Conditional Use Accessory to
the convenient store retail use in the TND (Traditional Neighborhood Design Zone), specifically
in the Neighborhood Commercial District of that zone. The key features of the provisions would
allow gas pumps as an accessory use to the use of a convenience retail store. It is specific to the
TND (Traditional Neighborhood Design Zone) and the Neighborhood Commercial District only
of the TND (Traditional Neighborhood Design Zone). It would establish a review process that is
the process of Conditional Use by the Planning Commission which allows more careful
consideration of the proposal. The Text Amendment would also eliminate the exclusion of
gasoline filling stations as a type of service establishment as the Code is currently written in the
Neighborhood Commercial District of the TND (Traditional Neighborhood Design Zone).
Some provisions in the Staff Report review the process for proposed Text Amendments; they are
referred to the Planning Commission for recommendation and then the Planning Commission
makes that recommendation to City Council who conducts their own public hearing and takes
final action on the amendment. In preparing the Text Amendment for the Planning
Commission’s consideration, there is a City Planner Report that has to evaluate two specific
factors. Likewise, the Planning Commission’s action on the Text Amendment also has to
consider the following factors: Whether the change is consistent with the aims and principals
embodied in the Ordinance as to the particular zone and whether the proposed amendment is
consistent with the aims of the Comprehensive Plan for the City. In developing the City
Planner’s Report, they felt it was appropriate to provide some background information on the
Traditional Neighborhood Design Zone. The history of the development of that zone actually
goes back to as early as 2002 and then specifically in the 2003 Comprehensive Plan, one of the
goals in that document was to create a new zoning district for mixed use traditional development.
The resulting Ordinance became the Traditional Neighborhood Design Zone and that was
adopted by City Council following review of this body in November 2004. The Ordinance that
was adopted for the TND (Traditional Neighborhood Design Zone) has a very specific purpose
and intent statement to it and then outlines the process for development within the TND Zone.
Currently, there is one area of the City that falls into this zoning classification and that would be
the Eden Hill Farm property located on the south side of West North Street.
For the 2008 Comprehensive Plan, the Land Development Plan Chapter again talks about land
use opportunities and the Mixed Use land use category has a number of zoning districts that fit,
including the TND (Traditional Neighborhood Design Zone). Also, the Comprehensive Plan
goes on to specifically talk about the Eden Hill Farm property and sets a series of goals related to
land development activity at that location. Just some reminders about the Zoning Ordinance
itself. “The intent of the Zoning Ordinance is to provide for the orderly and desirable
development and use of land. The Ordinance itself provides specifications, procedures and a
precise plan to guide new development while improving, conserving or facilitating desirable
change in existing portions of the City.” This is quoted from Article 1 Section 2 of the Zoning
Ordinance.
They have included the purpose and intent statement for the TND (Traditional Neighborhood
Design Zone) for the Commission’s review. The Planning Office did a comparison of uses in the
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commercial zoning districts of the City. They put forth a table that gives the Commission a sense
of the permitted uses, those uses that are established as conditional uses and then those that are
prohibited.
Specifically in looking at this proposed text amendment, Staff identified that the C-2 (Central
Commercial Zone) and the C-2A (Limited Central Commercial Zone) are very comparable to the
types of commercial uses that are within the current TND (Traditional Neighborhood Design
Zone) commercial district. Specifically when you look at fuel pumps, while they are prohibited
in the C-2 (Central Commercial Zone) focused in the Downtown Dover, the C-2A (Limited
Central Commercial Zone) does allow the use of fuel pumps as an accessory to a permitted use
when established through a Conditional Use process. The process for Conditional Uses is
identified in Article 10, Section 1 of the Code.
This did go through the Development Advisory Committee review. There were a number of
comments provided by the agencies. Mostly, there were no objections to the Ordinance itself.
There are some advisory comments related to future development of fuel pumps in that there are
specific permitting things required at the State and Federal level for that. Basically, she wants to
focus on what is the City Planner’s recommendation regarding this text amendment because they
have to evaluate the two factors.
The City Planner has found that while the TND (Traditional Neighborhood Design Zone) allows
for a mix of uses, there are a variety of commercial uses that are allowed in the Neighborhood
Commercial District of that zone. In comparison, the C-2 (Central Commercial Zone) and C-2A
(Limited Central Commercial Zone) are comparable to that and it is clear that fuel pumps are
allowed in the C-2A (Limited Central Commercial Zone) through a Conditional Use process. So
this would establish a very similar process for that if established in the TND (Traditional
Neighborhood Design Zone). The TND (Traditional Neighborhood Design Zone) as well as the
C-2A (Limited Central Commercial Zone) are both found as Mixed Uses in the Land
Development Plan of the Comprehensive Plan. It is very specific in the proposal this evening
that it would be in the Neighborhood Commercial District of the TND (Traditional
Neighborhood Design Zone). There are two other district areas of a TND (Traditional
Neighborhood Design Zone) and that is the Residential District and the Professional Office,
Medical and Financial District. This amendment only affects the Neighborhood Commercial
District.
Looking at the requirement for the fuel pump use as a Conditional Use, Staff has found that that
is very important because during a Conditional Use process the compliance with the true intent
and development provisions of the TND (Traditional Neighborhood Design Zone) can be more
carefully analyzed and appropriate conditions added to ensure that compatibility with the
neighborhood that the purpose and intent statement focuses on.
The Comprehensive Plan, while making specific recommendations about Mixed Uses, does also
indicate that they should be facilitating opportunities for development and recognizing that with
different types of commercial uses often times needs to be some consideration to reflect a change
in economy, market conditions and new types of uses that come on board. The Land
Development Plan in the 2008 Comprehensive Plan very specifically for Commercial land uses
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notes that they should be providing the citizens with “convenient access to needed goods and
services as well as well-designed and spaced community and neighborhood commercial centers.”
With those recommendations, Staff is making the findings that the Text Amendment as proposed
would certainly meet those factors for consideration in dealing with whether it’s consistent with
the aims and principals of the zone and whether it is also consistent with the aims of the
Comprehensive Plan for the City.
Mr. Holt questioned if the applicant wanted to be able to put a gasoline filling station in certain
areas that don’t have them now and make it a little more convenient for people to get gas for
their cars in certain areas? Responding to Mr. Holt, Mrs. Melson-Williams stated that this is a
proposal specific to the TND (Traditional Neighborhood Design Zone) that right now the Code
prohibits the establishment of a gasoline filling station. The proposed Text Amendment would
allow fuel pumps as an accessory use to a retail store. This means that it could not be the only
use; that it would be in conjunction with a primary use of a convenience retail store.
Mr. Holt stated that he kind of wondered himself why we always had to go to Route 13 to get gas
and a lot of times you have to wait in line to find a pump to fill up at. This kind of breaks through
some of that and would be a help.
Mr. Holden questioned if the Code defined “fuel pumps” to encompass electric, propane, natural
gas, hydrogen as well as diesel and gasoline? Responding to Mr. Holden, Mrs. Melson-Williams
stated that there is not a specific definition of “fuel pumps” in the Code. They have certainly seen
the variety. She thinks there is one reference specific to allowing electric charging stations that
was recently added to our Code in some of the parking provisions but is not specifically defined
for any specific fuel type in the remaining part of the Code even in the locations where fuel
pumps are a permitted use or an existing Conditional Use in the Code.
Mr. Tolbert stated that his understanding is that underground tanks have had problems after they
have been underground for a while with leakage. We get our water from underground sources.
Are we aware of any serious problems with underground tanks polluting our water? Responding
to Mr. Tolbert, Mrs. Melson-Williams stated that there are regulations that are administered by
DNREC in regards to underground storage tanks. It depends on the size of them. They do have
programs that deal with remediation issues should a leaking underground storage tank be
encountered during construction. She is not fully aware of what their exact procedures are for
evaluating underground storage tanks on an ongoing basis.
Mr. Tolbert further questioned if they were familiar with any problems that we have had in
Dover with underground storage tanks? Responding to Mr. Tolbert, Mrs. Melson-Williams stated
that there are certainly identified leaking underground storage tanks throughout the City. That is
something that DNREC has tracking of.
Ms. Maucher questioned if this Ordinance change would permit a convenience store with a gas
station but the Conditional Use application would limit the scope of any such establishment?
Responding to Ms. Maucher, Mrs. Melson-Williams stated yes, the review of a Conditional Use
could set parameters on things like the number of pumps and other provisions to ensure that its
location and placement are compatible with the surrounding community and neighborhood.
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Mr. Tolbert opened a public hearing.
Mr. John Paradee – Baird, Mandalas and Brockstedt, 6 South State Street Dover DE 19901
Mr. Paradee stated that Mrs. Melson-Williams did an excellent job in summarizing the history of
the application and the criteria under the Code. This proposition is consistent with the Zoning
Ordinance, in particular the TND (Traditional Neighborhood Design Zone) and the
Comprehensive Plan. The TND (Traditional Neighborhood Design Zone) Ordinance was written
in 2002 for the Eden Hill property and he had the privilege of representing the Horsey and
Scheller families at that time so he was involved in the drafting of the Ordinance. At that time it
was really a blank slate; it was a great idea but none of them at really done a TND Ordinance
anywhere in lower Delaware. So they were really writing on a blank slate at the time and as time
and experience and progress have demonstrated, certain tweaks or flexibility in zoning
regulations that are written on a blank slate like that are often times necessary and appropriate.
This is a classic case of that. Twenty years ago, you didn’t have the types of convenience retail
that you have today. The reason that they have requested that the City entertain this proposition
is because we would like to place a prototype Wawa Store within the Eden Hill development at
the commercial entrance directly across from the existing Royal Farms which is right across the
street and has C-2A (Limited Central Commercial Zone). What they are proposing to do is
extremely consistent with what is in the neighborhood presently. Unfortunately, even though
they believe that it is an entirely appropriate use of this property and this neighborhood, the text
of the TND (Traditional Neighborhood Design Zone) regulations does not permit fuel pumps at
all in the TND (Traditional Neighborhood Design Zone). They would agree that it is not
appropriate to allow fuel pumps in a residential or professional office area but what they are
talking about is just the commercial component of the TND (Traditional Neighborhood Design
Zone). He thinks that when they conceived the TND (Traditional Neighborhood Design Zone)
zoning regulations, what they were trying to prohibit was the typical gas station with a service
station that has vehicle bays and just gas pumps. He doesn’t think that they ever envisioned the
type of convenience uses that you see today with Royal Farms and Wawa. Certainly, what they
are proposing with regard to a Wawa is consistent with village neighborhood design principals of
the TND (Traditional Neighborhood Design Zone) and that is as Mr. Holt alluded to, you try to
bring convenience retail closer to the residential neighborhoods while at the same time
maintaining the consistency so that there are appropriate buffers as necessary. It allows people to
have access to convenience retail without having to drive all the way across town or out on the
highway and that helps reduce traffic in the area generally which is the village concept of design.
It is certainly consistent with that. He thinks that it is also important to note that as proposed it
would be a Conditional Use. Mr. Hugg suggested it when they first started discussing this
concept and he thinks that it’s a brilliant point because that would allow the Planning
Commission to attach conditions that would be designed to maintain the integrity of the
neighborhood. For example, things like the layout and setbacks, landscape and buffering, profiles
and impacts for signage and lighting that would be appropriate to the neighborhood and
complimentary design aesthetics. That is all very important that the Commission would maintain
that ability to exercise your discretion and jurisdiction to make sure that it any particular case,
what is being proposed in terms of a Site Plan would be appropriate and there would be
safeguards and buffers to protect the aesthetics of the neighborhood. The TND (Traditional
Neighborhood Design Zone) zoning regulations very specifically say that the intent is to create
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2018
and economically viable professional commercial and mixed use residential neighborhood and
the Staff Report concludes that this proposal was consistent with that intention. With regard to
the Comprehensive Plan as Mrs. Melson-Williams indicated, this would be consistent with the
C-2A (Limited Central Commercial Zone) and he thought that Staff did a nice job of comparing
how the commercial zones sort of match up with the commercial district in the TND (Traditional
Neighborhood Design Zone). They are not asking the Commission to do anything crazy or
radical here. The Commission will have a chance to review a real life example of this if and
when a Site Plan application comes before them. The Planning Commission will retain the
jurisdiction and authority to put appropriate controls in place to make sure that it’s appropriate
for the neighborhood.
Mr. Tolbert closed the public hearing.
Mr. Tolbert stated that he expressed his concern about underground tanks and if he remembers
correctly there were some underground problems with storage tanks leaking. We already have
one service station in that area which is Royal Farms and we will have another one. He does
have apprehensions about underground tanks and the problems that we have had, not only here in
Dover but all over the place with these tanks leaking after some point in time. In Dover, we get a
good portion of our water from underground sources so therefore he is concerned. The
neighborhood where you will put the Wawa with the service station is a high residence area.
Mrs. Melson-Williams did answer a lot of his concerns when saying that DNREC would oversee
a lot of that and he is hoping that they do a terrific job.
Ms. Maucher questioned if access to the commercial portion of that area is strictly off of North
Street or will there be access from the new road that has been built? Responding to Ms. Maucher,
Mrs. Melson-Williams stated that the Eden Hill development has multiple access points from
North Street as well as POW/MIA Parkway, also previously known as the West Dover
Connector. Location of entrances really isn’t germaine to the Text Amendment discussion this
evening. Access points such as that would come with any development application process.
Mr. Paradee stated that he has a plan that may help. He tends to agree with Mrs. Melson-
Williams but he also wants to answer the Commission’s questions. (Mr. Paradee passed out a
diagram showing the access points for the property at Eden Hill Farm TND.)
Mrs. Melson-Williams stated that what Mr. Paradee passed out is a copy of the current
Implementation Plan for the Neighborhood Commercial District. It is kind of the northwest
corner of the overall Eden Hill property. This is a page out of the Comprehensive Design
Standards Manual, also known as the Pattern Book for the Commercial District. This evening,
the Commission is just dealing with a Text Amendment. Any revisions or changes to what is the
approved Implementation Plan for the Commercial District and/or consideration of a Conditional
Use would be subject to future development applications and in the case of the fuel pumps as a
Conditional Use, subject to action taken on the proposed Text Amendment.
Mr. Paradee stated that the proposed location for the Wawa would be the area that is designated
as Building #8. Obviously, the configuration of this size or shape may change and that would
subject to a Site Plan application that the Commission would see.
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2018
Mr. Holden moved to recommend approval to City Council for MI-18-01 Text Amendments:
Zoning Ordinance, Article 3 Section 28 for Fuel Pumps as Conditional Use in TND zone, as
presented. With a specific project that envisions this and makes sense, the Planning Commission
and the public will have opportunity to make comment on a Site Plan as it would require a
Conditional Use approval. This Commission will have the ability to place additional restrictions
on any specific project that may come before them, seconded by Mr. Holt and the motion was
carried 8-0 by roll call vote with Mrs. Welsh absent. Mr. Holden voting yes; for reasons
previously stated. Mr. Roach voting yes; for reasons previously stated. Ms. Edwards voting yes;
based on reasons previously stated. Mr. Holt voting yes; for reasons previously stated and by
Mr. Holden’s comments. He really thinks that it has been a long time coming and he thinks that
it will be a plus for the neighborhood. Mr. Baldwin voting yes. Dr. Jones voting yes; for all of the
reasons mentioned. Ms. Maucher voting yes; for reasons previously stated and to improve
flexibility for development. Mr. Tolbert voting yes; he has been assured that everything will be
done to ensure that the project remains safe for the neighborhood and the residents. He has no
reasons to believe that it will not occur.
Mrs. Melson-Williams stated that this Text Amendment will now move onto City Council for
public hearing; that public hearing is scheduled for March 12, 2018.
NEW BUSINESS
1) S-17-28 Multiplex at 299 College Road: Review of Cash-in-lieu of Active Recreation Area
Payment – Review of the payment amount for Cash-in-lieu of Active Recreation Area
construction as associated with the Site Development Plan to permit construction of a three
(3) unit multiplex residential building (multi-family dwelling) with adjoining parking spaces.
The property consists of a 18,244 S.F. +/- parcel (0.42 +/- acres) and is zoned RM-2
(Medium Density Residence Zone). The property is located on the northwest side of College
Road and adjacent to Conwell Street. The owner of record is Stephen E. Lumor (Enyam,
LLC). Property Address: 299 College Road. Tax Parcel: ED-05-067.00-02-26.00-000.
Council District 4. Cash-in-lieu amount of $4,000 was accepted by the Parks, Recreation &
Community Enhancement Committee on December 12, 2017 and by City Council on January
8, 2018.
Representative: None
Mr. Diaz stated that the Commission last saw this application in November 2017. It’s an
application for three residential units in a multiplex format. They kind of look like townhouse but
they are in a single structure and they are on a single property. The Commission reviewed the
main application and the layout of the site at that time. One of the unaddressed items from that
meeting was the matter of the Active Recreation Area which is required with all new residential
development. This project qualified for an exception to the typical active recreation requirements
on account of its small size and number of units. They were not required to provide new Active
Recreation Areas in the form of playgrounds or trails, but they did need to make a payment into
the City’s Recreation Fund. The money in that fund is used to improve parks throughout the
City. The amount that is to be paid into that account is based on an appraisal of the property. An
20
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2018
appraisal was done for us by the applicant and submitted and based on that appraisal, the amount
to be donated came to $4,000. The proposal went to the Parks, Recreation & Community
Enhancement Committee for review and recommendation. They recommended approval of the
cash-in lieu of recreation area. Based on that, it now returns to the Planning Commission for final
approval.
Mr. Tolbert questioned how we arrive at how much will be accepted? Responding to Mr.
Tolbert, Mr. Diaz stated that with this exception for small properties, the amount asked for is
10% of the gross appraised value of the property. The appraisal that we received indicated that
the property was worth $40,000 and that rounds out to a payment value of $4,000.
Mr. Holt questioned what was going to be in the recreation area? It is something that they were
going to use that the students would need? What exactly are we giving up? Responding to Mr.
Holt, Mr. Diaz stated that he can’t speak to what might have been given up because we did not
receive a proposal from the applicant as to what they would have provided instead of the money.
Based on the size of the project, they are not required to do that.
Dr. Jones moved to approve S-17-28 Multiplex at 299 College Road: Review of Cash-in-lieu of
Active Recreation Area Payment in the amount of $4,000, seconded by Mr. Holden and the
motion was carried 8-0 by roll call vote with Mrs. Welsh absent. Mr. Holden voting yes; due to
comments and Staff recommendation. Mr. Roach voting yes; for reasons previously stated. Ms.
Edwards voting yes; based on Staff recommendation. Mr. Holt voting yes; based on Staff
recommendation. Mr. Baldwin voting yes; based on Staff recommendation. Dr. Jones voting yes;
based upon previous statements. Ms. Maucher voting yes; for reasons previously stated. Mr.
Tolbert voting yes; he agrees with Staff that this application is not problematical and he liked
Mr. Diaz’s answer to his question.
2) Update on Appointment of the Architectural Review Oversight Subcommittee of Planning
Commission (in accordance with Zoning Ordinance, Article 10 §2.28)
Mrs. Melson-Williams stated that at the December 2017 Planning Commission meeting, the
Commission appointed the two Planning Commission members of the Architectural Review
Oversight Subcommittee; that being Mrs. Welsh and Mr. Holden and then directed Staff to
confirm the availability of two of the design professionals that have previously served on that
Subcommittee. Staff has been in contact with both of those individuals and are still awaiting
confirmation of that. She is fairly certain that they will definitely get it for one but they will
report to the Commission next month. Hopefully, they will have a yes to two people. They have
reached out to Ms. Sarah Keiffer and Dr. Reginald Chandler in regards to serving on that
Subcommittee.
Meeting adjourned at 8:57 PM.
Sincerely,
Kristen Mullaney
Secretary
21
Page 24
MEMORANDUM
Department of Planning & Inspections
P.O. Box 475
Dover, DE 19903
Phone: (302) 736-7196 Fax (302) 736-4217
DATE: March 9, 2018
TO: Members of the Planning Commission
FROM: Planning Office
SUBJECT: S-17-12 Capital Station Dover at 50 North DuPont Highway: Architecture
Review (Building 4)
This submission is for Review of Architecture for Building 4 associated with the commercial
development to be known as Capital Station, at the northwest corner of North DuPont Highway
and Division Street and also adjacent to Maple Parkway. The Planning Commission granted
conditional approval on June 19, 2017 to the Site Development Plan S-17-12 for the Capital
Station development consisting of a 24,197 S.F. retail and restaurant multi-tenant building, a
6,625 S.F. retail and restaurant multi-tenant building, a 6,100 S.F. retail or restaurant building, a
6,080 S.F. restaurant building, and a 21,998 S.F. grocery store. Related site improvements
include demolition of the former Playtex factory and provision of parking, landscaping, and
pedestrian and bicycle facilities for the shopping center. The property is zoned SC-1
(Neighborhood Shopping Center Zone) and subject to the SWPOZ (Source Water Protection
Overlay Zone – Tier 1: Secondary Wellhead Protection Area).
The Zoning Ordinance, Article 5 §19 provides the building and architectural guidelines related to
physical orientation and façade and the architectural characteristics (proportions, mass, materials,
roofs, and visible utilities. The proposed one-story Building 4 will face DuPont Highway and
appears to consist of a variety of materials and surface changes.
Attached are copies of the Applicant’s Cover Letter and a series of color Exhibits on the project
site; the previously reviewed architecture of Buildings 1,2,3, and 5; and the Architecture of
Building 4. The information is presented to the Planning Commission for review in order to
satisfy their previous condition of approval to submit the architecture of Building 4 once
available.
Page 25
PETITION TO AMEND TEXT of
Dover Code of Ordinances and Zoning Ordinance
Report to the
Dover Planning Commission
March 19, 2018
Proposed Changes: Text Amendments to the following:
• Dover Code of Ordinances, Chapter 66 – Manufactured Homes
• Dover Code of Ordinances, Appendix B: Zoning (Zoning
Ordinance)
o Article 3 – District Regulations, Section 8 –
Manufactured Housing Zone
o Article 12 – Definitions
• Dover Code of Ordinances, Appendix F – Fees and Fines,
Chapter 26 Businesses, Article II – Licenses and Chapter
66 – Manufactured Homes, Mobile Homes, and Land Lease
Communities
Summary of Amendment: The proposed amendment reorganizes and clarifies a portion of the
updates to the Dover Code made in August 2016 through
Ordinance #2016-16. The proposed amendment also brings the
updates into compliance with provisions of the Delaware Code
related to manufactured housing and rental housing. The updates
affected include requirements for placing and licensing
manufactured homes, standards for management and maintenance
of land lease communities, taxation, and code enforcement.
Ordinance Number: Proposed Ordinance #2018-01
File Number: MI-18-02
Development of the Ordinance
Following the August 8, 2016 adoption of revisions to the Dover Code of Ordinances, Chapter
66 – Manufactured Homes, Mobile Homes, and Land Lease Communities; Appendix B, Zoning
Ordinance, Article 3 Section 8 – Manufactured Housing Zone; and several other sections of the
Dover Code, several members of the manufactured housing community, including homeowners
and park owners, came forward with concerns about the adopted ordinance. In the process of
evaluating these concerns, Planning Staff identified a series of further improvements that could
be made principally to Chapter 66 to better organize the section, clarify processes and
enforcement, and ensure compliance with State law. Ensuring the code’s compliance with the
portions of State law related to the legal obligations of landlords and tenants (Delaware Code,
Title 25, Chapters 53 and 55) and to manufactured homes and manufactured home communities
(Delaware Code, Title 25, Chapters 70 and 71) in particular should address the community’s
Page 26
MI-18-02 Text Amendments: Manufactured Housing and Land Lease Communities
DAC Report Summary
Page 2 of 3
concerns with the 2016 ordinance. Staff also identified potential changes in the Zoning
Ordinance to support the main series of changes in Chapter 66 (see further description below).
Current Proposed Ordinance
Key components of proposed Ordinance #2018-01 include the following:
• Reorganization of Chapter 66. The new sections of the Chapter are as follows: 66-1,
Purpose Statement; 66-2, Definitions; 66-3, Manufactured and Mobile Homes; 66-4,
Land Lease Communities; 66-5, Real Property Taxes; 66-6, Enforcement and Penalties;
and 66-7, Exemptions.
• Addition of a Purpose Statement establishing the reasons for regulating Manufactured
Homes and Land Lease Communities.
• New definitions for Land Lease Community Operator and Land Lease Community Owner
in Chapter 66.
• Detailed requirements for placement, inspection, and licensing of Manufactured Homes,
as well as moving in or out of the City and use of City utilities.
• Addition of a provision allowing land lease community owners to delegate maintenance
responsibility over part of a community to a homeowner or other party through an
appropriate legal contract. City Code Enforcement is to work with these parties to resolve
maintenance issues where such contracts exist. In the 2016 version of this ordinance, the
land lease community owner was held responsible for all maintenance. This contravened
Title 25, Chapter 53 of the Delaware Code, which allows landlords and tenants to agree
in writing that certain maintenance tasks are to be performed by tenants.
• Reduction of the number of hours during which a land lease community owner is
required to have office hours for the residents.
• Allows land lease community owners more time in which to provide a receipt for rent
payment to a resident who requests one.
• No change to taxation; manufactured homes placed on permanent foundations will
continue to be taxed while manufactured homes not placed on permanent foundations
will continue to pay license fees in lieu of taxation. The City will not specify an approved
method for a home to attain a permanent foundation.
• For homeowners, detailed penalties for failing to obtain placement permits or
manufactured home licenses. For community owners, detailed penalties for failing to
perform required maintenance or record-keeping.
• Revision of the Provisional Order to better establish that revoking the business license of
a Land Lease Community is a measure of last resort, only imposed when there are
cumulative unresolved violations creating a nuisance.
• In Zoning Ordinance, Article 3 §8, establishing that both manufactured homes and
permanently placed manufactured homes are permitted, but not on the same lot. The purpose
of this is to allow land lease communities composed of permanently placed, taxed homes, but
prevent communities which include both permanent, taxed homes and impermanent, untaxed
homes. In such a community it would be very difficult for the City’s Tax Office to track
which homes are taxed and which are not.
Page 27
MI-18-02 Text Amendments: Manufactured Housing and Land Lease Communities
DAC Report Summary
Page 3 of 3
• In Zoning Ordinance, Article 3 §12, adding a definition for permanently placed
manufactured home.
City Council Committee of the Whole/Legislative, Finance, and Administration Committee was
presented with this proposed Ordinance #2018-01 at its February 13, 2018 Meeting. The
Committee recommended approval of the Proposed Ordinance.
Because 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 #2018-01 at their meeting of April 9,
2018.
Planning Review and Recommendations:
Planning Staff developed the proposed Ordinance #2018-01 regarding Manufactured Housing
and Land Lease Communities and therefore, recommends its adoption. The Planning Office
received comments from other Development Advisory Committee (DAC) members and has
taken these under review. Based on the comments the Planning Office may offer revisions to the
proposed Ordinance. The comments are summarized below.
DAC Agency Ordinance Proposed Revision Reason/Notes
Review Lines
Comment
Public 167 Add stormwater facilities This section deals with private utilities,
Works to line 167 and currently lists water and sewer
utilities among others; stormwater
should also be mentioned.
Fire N/A Possible revisions to City Staff has initiated the initial
Marshal/ conform this update to research to begin the process to
Chief the 2018 International consider adoption of the 2018
Building Residence Code (IRC), International Code Council code
Inspector Appendix E - series. In the future, a cross-check
Manufactured Housing between the provisions of this
used as Dwellings ordinance and the new IRC will be
needed to ensure there are no conflicts.
Staff Amendment #1
Planning Staff reviewed the current proposed ordinance and the comments received to develop a
Staff Amendment to include the additional clarifications and changes based on
department/agency concerns. The proposed changes presented as Staff Amendment #1 is
outlined below.
• Add “stormwater facilities” to sentence starting on line 167. To read as follows by
inserting the text in bold, blue font: All private water, sewer, electric, and gas lines and
connections and stormwater facilities intended to serve common areas or the private
property of tenants within the community shall be kept in good repair at all times by the
land lease community owner.
Page 28
CITY OF DOVER
APPLICATION REVIEW COMMENTARY
FEBRUARY 26, 2018
APPLICATION: Text Amendment Zoning Ordinance, Dover Code
of Ordinances Chapter 66 and Article 3 Section 8
and Article 12 for Manufactured Housing and Land
Lease Communities
FILE #: MI-18-02
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: 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 the proposed amendments.
WATER / WASTEWATER
1. None.
STORMWATER
1. Please add stormwater facilities to line 167.
SANITATION / STREETS / GROUNDS
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS / GENERAL
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 29
C F
MI-18-02 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: 03/07/18 D S
O H
V A
E L
R
APPLICATION: Text Amendments: Manufactured Housing and Land Lease Communities
FILE #: MI-18-02 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 REQUIREMENTS TO OBTAIN APPROVAL:
1. The Fire Marshal’s Office has no comments at this time
2. The Chief Building Inspector has the following comment: Ordinance #2018-01,
Chapter 66- Manufactured Homes, Mobile Homes and Land Lease Communities,
2018 Building Code(s) inclusive of Appendix E of the 2018 IRC, The 2018 building code draft ordinance
will reference “Chapter 66- Manufactured Homes, Mobil Homes and Land Lease Communities” in addition
to “Appendix E Manufactured Housing used as Dwellings” within the 2018 IRC. It is unknown if cross
reference has been done between “Chapter 66”, the proposed ordinance(s), “Appendix E” and or other
related parts of the building code/life safety code(s) to confirm or deny continuity to those codes/ordinances
and as referenced within the same.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015NFPA 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 30
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: February 28, 2018 T
===============================================================
APPLICATION: Text Amendment: Manufactured Housing and Land Lease
Communities
FILE#: MI-18-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 760-2768
===============================================================
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 comments.
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 31
Appointment of the Architectural Review Oversight Subcommittee of
Planning Commission
As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the
Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The
following excerpt from the Zoning Ordinance is provided.
Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval.
2.28 Consideration shall be given to the physical orientation and architectural characteristics
of proposed buildings, the relationship of proposed buildings to existing buildings and to
other proposed buildings, and their contributions to the overall image of the immediate
vicinity by considering the building and architectural design guidelines as set forth in article
5, section 19. Design characteristics of proposed buildings and building additions shall not
detract or devalue existing buildings in the immediate vicinity.
(A) If the planning commission determines that the proposed physical orientation and
architectural characteristics of the proposed buildings do not meet the intent and
objectives of this section, then the planning commission shall refer the proposal to
the architectural review oversight subcommittee for review and comment.
(B) The subcommittee shall meet and review the proposal with the applicant, and return
its comments to the planning commission by the next regularly scheduled meeting.
(C) The architectural review oversight subcommittee shall be appointed by the
commission at its annual meeting, and membership shall consist of two planning
commission members, and two design professionals with experience in construction,
and the mayor or the mayor's designee. Two alternate design professionals with
experience in construction shall also be appointed.
As part of the Annual Meeting of the Planning Commission shall appoint the membership of the
Architectural Review Oversight Subcommittee. This is an opportunity to consider individuals to
serve on this subcommittee.
At the Annual Meeting of the Planning Commission on December 18, 2017, the following
individuals were appointed to the Architectural Review Oversight Subcommittee of Planning
Commission.
o Kathleen Welsh, Planning Commission member
o Dean Holden, Planning Commission member
o Mayor or Mayor’s designee
The Planning Commission directed Planning Staff to contact other the previous Subcommittee
members to determine their willingness to continue as a member.
o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional
o Dr. R.G. Chandler, former Director of Architecture at DelTech Community College,
Design Professional
o Alternates (Design Professionals): To Be Determined
Update on Architectural Review Oversight Subcommittee of the Planning Commission 2-9-2018