PC Minutes 5-18-20 Session 1

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 SESSION #1 The Meeting Session 1 of the City of Dover Planning Commission was held on Monday, May 18, 2020 at 5:30 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. This application was previously postponed due to the cancellations of the March 16, 2020 and April 20, 2020 meetings of the Planning Commission. The Meeting Session was conducted with Acting Chair (Vice Chair) Mrs. Maucher presiding. Members present were Mr. Adams, Mr. Roach, Ms. Edwards, Mr. Hartman, Dr. Jones, Mrs. Welsh, and Mr. Baldwin (joined later). Mr. Tolbert was absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. Doug Liberman, Mr. Tolano Anderson, Mr. Steven Heiges, Ms. Holly Mayer, Mr. Mike Reimann, Mr. Jonathan Street, Mr. Bill Krapf and Mr. Mark Strickland. Speaking from the public were Mr. Derek Headley, Mr. Mark Reaves and Mr. Terry Whitfield. APPROVAL OF AGENDA Ms. Edwards moved to approve the agenda as submitted, seconded by Mr. Adams and the motion was unanimously carried 7-0 with Mr. Baldwin and Mr. Tolbert absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JANUARY 21, 2020 Mr. Adams moved to approve the Planning Commission Meeting Minutes of January 21, 2020, second by Ms. Edwards and the motion was unanimously carried 7-0 with Mr. Baldwin and Mr. Tolbert absent. APPROVAL OF THE PLANNING COMMISSION QUARTERLY WORKSHOP MEETING MINUTES OF FEBRUARY 19, 2020 Mr. Hartman moved to approve the Planning Commission Quarterly Workshop Meeting Minutes of February 19, 2020, second by Mrs. Welsh and the motion was unanimously carried 7-0 with Mr. Baldwin and Mr. Tolbert absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, June 15, 2020. We are hoping to be back in the City Hall Council Chambers but we may be holding it virtually again. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on February 24, 2020, March 9, 2020, April 13, 2020, April 27, 2020 and May 11, 2020 Mr. Hugg stated that they have been doing their best to keep the functions of the City open and operating but with very limited public contact and with somewhat of a skeleton crew. Staff across the Department is working some partial days a week. Many of us are working remotely from home. We have instituted a variety of safety and health requirements including masks and 1

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 temperature taking for people who do come in the office. This week, we expanded the Code operations, not quite to full force yet but beyond what they had been because we were starting to get a number of Code violations. The permit numbers and building activity seems to be progressing fairly steadily. Most of it is being done electronically and remotely so we have minimized our direct public contact. The Planning Staff has been coming in on random schedules on various days doing permits, answering zoning requests, and other planning related functions. Mr. Hugg stated that they received a letter from Dr. Jones stating her desire to resign as the Chairman of the Planning Commission but retaining her membership. Mrs. Melson-Williams stated that the item related to Dr. Jones’ letter and her resignation as Chair is the reason why Ms. Maucher is serving as Acting Chair. We have placed the election of officer on our second session this evening as an agenda item at the end of that meeting. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual meeting. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None 2) Revisions to Applications: a. S-19-22 Tommy Express Car Wash at Carver Road - Update on Revisions to Site Development Plan and Lot Consolidation Plan Application associated with plan to demolish the existing structures and then construct a one-story 4,504 SF Car Wash (Service Establishment) with associated site improvements. The subject properties total 2.07 +/- acres and are located east side of Saulsbury Road north of Forest Street and west of Carver Road. The properties are zoned C-2A (Limited Central Commercial Zone) and C-1A (Limited Commercial Zone) and are subject to the COZ-1 (Corridor Overlay Zone). The owner of record for all properties is Faithwork LLC. Property Addresses: 21 and 27 Saulsbury Road; 20 (and 26), 30 and 34 Carver Road; 971, 975 and 983 Forest Street. Tax Parcels: ED-05- 076.07-01-38.00-000, ED-05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, ED-05- 076.07-01-60.00-000, ED-05-076.07-01-59.00-000, ED-05-076.07-01-62.00-000, ED-05- 076.07-01-36.00-000, and ED-05-076.07-01-37.00-000. Council District 4. The Planning Commission granted conditional approval of Site Plan S-19-22 on October 21, 2019. Representatives: Mr. Doug Liberman, Larson Engineering; Mr. Tolano Anderson, Faithwork, LLC Mrs. Melson-Williams stated that this is an update to application S-19-22 for the Tommy Car Wash at Carver Road. This was heard by the Planning Commission at their meeting on October 2019. The plan is currently in what they call the Check Print review process and as such, the applicant is working with the various agencies to finalize the Site Plan. In doing so, the applicant has identified some revisions that Staff felt warranted at least informational items to the Planning 2

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 Commission so that the Commission may be aware of them. Those include in reference to what is displayed on the screen as a Lot Consolidation Plan. This project consists of eight parcels of land. With their new proposal for consolidation, they are looking to consolidate the eight lots into three lots. Lot 1 being the main area where the Car Wash and its parking will be located. Lot 2 would be several parcels that front on Saulsbury Road and include an entrance access point. Lot 3 is the parcel at 34 Carver Road. It is currently residential in nature and is zoned C-1A (Limited Commercial Zone) and will remain as a single parcel and not included in this development. There have been some changes to the Site Plan, in refining their proposal. The property at 34 Carver Road, with it being excluded, has now relocated the opaque barrier and associated landscaping along the entrance drive. That necessitated the dumpster being relocated to a different spot. Then the stormwater management area has been enlarged to satisfy for over- management in this watershed area. It is still located towards the Forest Street side of the project area; it is just much larger than originally proposed. It still includes significant landscaping around it and within it with other plantings. With these revisions, they thought it was appropriate to at least introduce them to the Planning Commission as more of an update. There is no public hearing necessary. They felt that these are things that Staff can review and confirm Zoning Ordinance compliance as part of a Check Print review but did want to bring them to the attention of the Planning Commission this evening. Mr. Liberman stated that basically what they went through for this project was that the top portion was a different zoning district and given the size of it, the developers decided that they didn’t really need that parcel to continue with the remainder of the development of the Car Wash and the parcel along Saulsbury Road. They removed it from the application and then in doing so, showed it to Mrs. Melson-Williams as to what they wanted to do. She wanted us to show that we could meet the landscaping requirement for the entire site on the remaining land because we did have some trees up in that area. What you are looking at right now is a Revised Landscape Plan showing a white vinyl fence along the property line of Parcel 59 on the north side which has been removed from the development. Then the remaining landscaping has been added throughout the site to meet the design criteria that we were trying to meet within the Corridor Overlay Zone with extensive planting along Forest Street and also Carver Road. The stormwater pond has been oversized due to the over-management necessary but it still has the same kind of grass space that we saw before. They were just thinking that they would be able to do something with that for future development when we came the first time. Aside from that, the Site Plan itself is the same as what you have seen before with the Car Wash. It is the same size and in the same location. The access and circulation throughout the site is the same. Mr. Hartman stated that during the original Planning Commission meeting, there were a number of concerns about traffic at certain times of the day and the school that is to the east. As he reads it, the revisions will not impact traffic, is that correct? Responding to Mr. Hartman, Mr. Liberman stated that it will not. Mr. Hartman questioned if the applicant still intends on initiating the precautions that they spoke of during the initial meeting to have spotters out there at certain times of the day to help with traffic? Responding to Mr. Hartman, Mr. Liberman stated yes, that is the plan. 3

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 Mrs. Welsh moved to approve the updates to S-19-22 Tommy Express Car Wash at Carver Road in accordance with any DAC comments and reports and as far as that it is a Revision to the plan that was approved previously, seconded by Ms. Edwards and the motion was carried 7-0 by roll call vote with Mr. Baldwin and Mr. Tolbert absent. Mrs. Welsh voting yes; based on the reasons cited in her motion. Mr. Adams voting yes. Mr. Roach voting yes. Ms. Edwards voting yes; she thanks the applicant for the update and Planning Staff’s efforts. Mr. Hartman voting yes; for the reasons cited by Mrs. Welsh and also the assurances reiterated by Mr. Liberman during this meeting. Dr. Jones voting yes; based on Mrs. Welsh’s comments and the fact that applicant has addressed the necessary concerns. Ms. Maucher voting yes; based on reasons previously stated. NEW BUSINESS 1) SB-20-01 Minor Subdivision Plan Lands of Steven D. Heiges at 1504 and 1506 College Road - Review of the payment amount for Cash-in-lieu of Active Recreation Area Construction as associated with a Minor Subdivision Plan application to permit the subdivision of two existing parcels a total of 1.79 +/- acres of land into five (5) lots. The properties are located on the southeast side of College Road and east of Kenton Road. The property is zoned R-7 (One Family Residence Zone). The owner of record is Steven D. Heiges. Property Addresses: 1504 & 1506 College Road. Tax Parcels: ED-05-067.18-01- 02.00-000 and ED-05-067.18-01-01.00-000. Council District 4. The Planning Commission granted conditional approval of the Minor Subdivision Plan SB-20-01 and its Request for Cash-in-lieu of Active Recreation Area Construction on January 21, 2020. Representatives: Mr. Steven Heiges, Owner Ms. Bulkilvish stated that this is for a Cash-in-lieu donation amount. The subdivision was previously approved by Planning Commission January 21, 2020 when they also approved the donation option for Active Recreation Area. Since then the applicant has provided an appraisal for the property. From that appraisal, we calculated a cash-in-lieu donation amount of $4,250. That was then presented to the Parks, Recreation and Community Enhancement Committee at their meeting March 10, 2020 at which they recommended acceptance of that donation amount. This evening, Planning Commission will discuss and make a recommendation to City Council. Mr. Heiges stated that he has no other information to share other than what’s been provided by Staff. Ms. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to approve SB-20-01 Minor Subdivision Plan Lands of Steven D. Heiges at 1504 and 1506 College Road for the Cash-in-lieu payment for the Active Recreation Area in the amount of $4,250 based on the fact the amount complies with the requirements of the Zoning Ordinance, seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Baldwin and Mr. Tolbert absent. Mrs. Welsh voting yes; due to the fact that the amount complies with the requirements of the Zoning Ordinance. Mr. Adams voting yes; given the support of the City and Council. Mr. Roach voting yes; for reasons previously stated. Ms. Edwards voting yes; 4

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 based on the updated appraisal and meeting the 10% requirement. Mr. Hartman voting yes; based on the updated appraisal and compliance with the Zoning Ordinance. Dr. Jones voting yes; in view of the previous comments by other Commissioners. Ms. Maucher voting yes; based on compliance with the City Ordinance in calculating the amount due. NEW APPLICATIONS 1) AX-20-01 Lands of Holly L. Mayer at 1448 N. Little Creek Road - Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 0.21 acres +/- (9,435 SF) located at 1448 N. Little Creek Road, Dover. The property is currently zoned RMH (Residential Manufactured Home Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone). The property is located on the south side of N. Little Creek Road and east of Acacia Place. The annexation category according to Dover's 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Medium Density. The owner is Holly L. Mayer. Property Address: 1448 N. Little Creek Road. Tax Parcel: ED-00-077.00-01-02.00-000. Proposed Council District 2. Ordinance #2020-02. The First Reading of this Annexation Request was completed on February 10, 2020. Public Hearing before the Planning Commission is scheduled for May 18, 2020, and Final Reading/Public Hearing is scheduled before City Council on June 8, 2020. Representative: Ms. Holly Mayer, Owner Mrs. Bulkilvish stated that Ms. Mayer is seeking to annex her property at 1448 North Little Creek Road in order to hook into the City’s utilities. The property is currently zoned RMH (Residential Manufactured Home Zone) in Kent County and the proposed zoning is R-8 (One Family Residence Zone). According to the City’s 2019 Comprehensive Plan, the area is designated as a Category 1: High Priority Annexation Area. The land use designation is Residential Medium Density which will accommodate the proposed R-8 (One Family Residence Zone). First Reading of this Annexation Request took place at the City Council meeting of February 10, 2020. Mr. Lyon stated that he has an update for this application in regards to the water and wastewater connection. The water connection for this property has been discussed with the City Manager and we have provided a waiver for her (the Applicant) to start the process to get connected to water as her current well is inoperable. As far as the wastewater connection to this property, in the Report you may notice that the connection to City infrastructure is over 300 linear feet away and must be done through a grinder pump or a pressure lateral to the manhole in question. The City will be working with DNREC to discuss the options and their requirements of hooking into centralized sewer as the financial cost of this could result in a hardship. Ms. Maucher opened the hearing to the public and after hearing no one wishing to speak, closed the public hearing. Mrs. Welsh stated that Mr. Lyon made a comment about the financial hardship. She wants to visit that with the Applicant as far as any issues there will be. Responding to Mrs. Welsh, Ms. 5

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 Mayer stated that they discussed it because she is going through the DNREC program to get a loan for assistance. Based on estimates, they are looking at over $50,000 to tie in according to two contractors because of the distance and the requirements versus the cost of a private septic system. And also because the loan itself is capped at a certain amount based on appraisal value and the criteria that DNREC goes by for the loan program. Mrs. Welsh moved to recommend approval to City Council for AX-20-01 Lands of Holly L. Mayer at 1448 N. Little Creek Road and its rezoning to R-8 (One Family Residence Zone) as it is part of the City’s Annexation Plan of the 2019 Comprehensive Plan in a High Priority Annexation Area, seconded by Ms. Edwards and the motion was carried 7-0 by roll call vote with Mr. Baldwin and Mr. Tolbert absent. Mrs. Welsh voting yes; for the reasons stated in her motion and for the fact that the R-8 (One Family Residence Zone) is appropriate with the current use of the property. Mr. Adams voting yes. Mr. Roach voting yes; it’s in the High Priority Annexation Area and he hopes that she gets all of the financial help that she needs in regards to the financial stress that it’s going to cause to tie in. Ms. Edwards voting yes; based on the fact that the property is in the Category 1: High Priority Annexation Area according to the 2019 Comprehensive Plan and the R-8 (One Family Residence Zone) is appropriate for that property. Mr. Hartman voting yes; on the basis that it is consistent with the Comprehensive Plan and that it’s consistent with the requirements of zoning. Dr. Jones voting yes; based upon previous comments. Ms. Maucher voting yes; based on Staff recommendations and previous comments from the Commissioners. 1) AX-20-02 Lands of MEB Properties, LLC at 1385-1389 McKee Road - Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 78.60 acres +/- located at 1385-1389 McKee Road, Dover. The property is currently zoned RS1 (Residential Single Family Zone) in Kent County. The proposed zoning is RG-2 (General Residence Zone) for 73.34 acres and C-2A (Limited Commercial Zone) for 5.26 acres with the property frontage along McKee Road subject to the COZ-1 (Corridor Overlay Zone 1). The property is located on the east side of Scarborough Road at the intersection of Scarborough Road and McKee Road. The annexation category according to Dover's 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Mixed Use. The owner is MEB Properties, LLC and Christopher Custis. The equitable owner is Louis J. Capano, III. Property Address: 1385-1389 McKee Road. Tax Parcel: ED-00- 067.00-01-01.00-000. Proposed Council District 4. Ordinance #2020-03. The First Reading of this Annexation Request was completed on February 10, 2020. Public Hearing before the Planning Commission is scheduled for May 18, 2020, and Final Reading/Public Hearing is scheduled before City Council on June 8, 2020. Representatives: Mr. Mike Riemann, Becker Morgan Group; Mr. Jonathan Street, Becker Morgan Group; and Mr. Bill Krapf, Representative of the Potential Buyer Mrs. Bulkilvish stated that this is a proposed Annexation which incorporates 78.60 acres of land along McKee Road. The property is zoned RS1 (Residential Single Family Zone) in Kent County and the proposed zoning includes 73.34 acres of RG-2 (General Residence Zone) and 5.26 acres of C-2A (Limited Commercial Zone). The property is also subject to the COZ-1 6

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 (Corridor Overlay Zone 1) along the frontage along McKee Road. In accordance with the City’s 2019 Comprehensive Plan, the property is categorized as a Category 1: High Priority Annexation Area. The land use designation given to this area is Mixed Use. Both the RG-2 (General Residence Zone) and the C-2A (Limited Commercial Zone) Zoning Districts are compliant with this Mixed Use land use designation. The First Reading of this Annexation Request occurred on February 10, 2020 at the City Council Meeting. Mr. Street (using a PowerPoint Presentation) stated that the request before the Commission tonight is approximately 78 acres of land that is currently in Kent County, located on McKee Road between McKee Road and Scarborough Road. Emerald Pointe is the subdivision around the intersection of College Road and McKee Road. Upon Annexation, they are requesting that the City zone the property in C-2A and RG-2 to allow for mixed use development. In doing so, these properties will be in compliance with the City’s 2019 Comprehensive Plan. The property is a Category 1: High Priority Annexation Area and the land use that has been proposed in the current Comprehensive Plan is Mixed Use. The parcel is outlined in yellow on the presentation and shows that Emerald Pointe is to the west. It’s bounded by McKee Road, Scarborough Road, and the railroad that runs through town. You can see from this view that the area is kind of a mixed use; there is Emerald Pointe, The Meadows, Hirsch Industries which is a heavy industrial plant that manufactures filing cabinets. You also have the school to the south and a commercial property to the southeast of this property. They are proposing a residential portion and a commercial portion creating a mixed use development which is in compliance with the 2019 Comprehensive Plan. The Plan also shows a large area of green space and conserved green space. What you see here are two different overlays. The dark green overlay is actually existing forest areas and the light green is existing wetland areas. These existing wetland areas in turn, preserve a majority of these woods because they can’t touch the wetlands themselves. For the most part, they are in compliance with the Comprehensive Plan. They don’t have any questions or any problems. They didn’t see any issue with Staff’s Report. It’s a targeted parcel within the County for the City. The land use proposed is consistent with the current Comprehensive Plan and the City essentially surrounds this entire parcel which makes it a good target for annexation into the City. Mrs. Maucher opened a public hearing. Mr. Derek Headley – 3 Gemstone Boulevard Dover, DE 19904 Mr. Headley stated that this parcel is directly two hundred feet across from his property. What is going to be built directly across from Emerald Pointe? Is that going to be residential or is that part of the commercial plan? Responding to Mr. Headley, Mr. Street stated that as they are in the beginning stages of the planning; this is the Annexation to bring the parcels in. They have thought of commercial pieces on that front part and a residential piece would be closer to the back as shown on one of the slides. As for what would go in there right now, there is no formal plan. That would have to follow the Planning process through the City. Mr. Headley stated that his concern is that he doesn’t know if any of the Commission members have tried to get out of Emerald Pointe during the peak hours of the day. To make a left hand turn, it is almost impossible. There is so much traffic coming off of Route 1 from Scarborough Road into McKee Road and they are going to be negatively impacted if a substantial amount of 7

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 building is done across that road. On the June 8, 2020 meeting, we will have a significant amount of residents from Emerald Pointe joining the call. They nominated him since he received a letter to do the initial searching on what’s going to be built there. He thinks that they need to look at the planning as far as the traffic is concerned on this particular road, especially impacting this development. Responding to Mr. Headley, Mrs. Melson-Williams stated that in order for development to occur, there is a whole other Site Plan Review process. This step here is to annex the property into the City of Dover and set a zoning classification. Traffic is certainly one of the things that any Site Plan development will have to address. Depending on their scale of development, the requirements from DelDOT will certainly try to alleviate some of the traffic and transportation concerns. There likely are improvements that will be necessary in order for this property, should it be annexed into the City to take access from McKee Road. There is a limited frontage area where that can occur because of previous agreements regarding the parcel. Mr. Headley stated that he appreciates them taking that into consideration. Two years ago, this same parcel was trying to build quite a bit of commercial property on that parcel. With the help of the Mayor, they were able to taper some of that down. The Mayor actually put a light right before the intersection going into Route 8 that has helped somewhat but if we are now talking about seventy-eight acres being rezoned for general commercial, he thinks that they are going to be right back behind the 8-ball again. Mr. Mark Reaves – 10 Tanzanite Court Dover, DE 19904 Mr. Reaves stated that his request is to have the parcel remain RS1 (Residential Single Family Zone) and not convert over to the RG-2 (General Residence Zone) and the C-2A (Limited Commercial Zone). They are requesting that this stay as a residential area and not commercial because the impact would be tremendous to our development. Responding to Mr. Reaves, Mrs. Melson-Williams stated that the RS1 (Residential Single Family Zone) is a County zoning classification. Once a property is annexed into the City of Dover, we have to set a City of Dover zoning classification. The RG-2 (General Residence Zone) zoning classification is a residential zone. They are also seeking a portion of the property to be the C-2A (Limited Commercial Zone) which allows for commercial; yet it also allows for some residential uses as well. Mr. Reaves stated that where they want to have the C-2A (Limited Commercial Zone), that is the portion that is going to negatively impact McKee Road. There are a couple of issues with that. That road has a high speed of traffic so in order to put some commercial property right there, it is only a two lane road and that is going to have a big negative impact. He recommends that they remain with RG-2 (General Residence Zone) and not put a commercial zone at the property. Have those things been addressed or looked at during consideration for that zoning change? Responding to Mr. Reaves, Mrs. Melson-Williams stated that tonight is when the Planning Commission considers a recommendation on zoning for the property. The City’s Comprehensive Plan identifies this property for a land use designation of Mixed Use; so, that means a mixture of residential and commercial would be something that would be viable at that location. How it is formatted on the property is what is under consideration with their proposal. Mr. Reaves questioned if the C-2A (Limited Commercial Zone) portion is going to have residential in that area? Responding to Mr. Reaves, Mrs. Melson-Williams stated that the C-2A (Limited Commercial Zone) allows for some residential uses. Their design of what will be built 8

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 is yet to come should it be annexed into the City. The C-2A (Limited Commercial Zone) allows for one family residences; single family detached houses as well as apartments and multi-family dwellings. Mr. Reaves stated the proposed zoning for RG-2 (General Residence Zone) is acceptable. The proposed zoning for the C-2A (Limited Commercial Zone) is unacceptable. Ms. Maucher closed the public hearing. Mr. Adams moved to recommend approval to City Council for AX-20-02 Lands of MEB Properties, LLC at 1385-1389 McKee Road and its rezoning to RG-2 (General Residence Zone) and C-2A (Limited Commercial Zone) as submitted with the property frontage area being subject to the COZ-1 (Corridor Overlay Zone 1), seconded by Mrs. Welsh and the motion was carried 8- 0 by roll call vote with Mr. Tolbert absent. Mr. Adams voting yes; the subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as a Category 1: High Priority Annexation Area and has a land use designation of Mixed Use. He believes that the RG-2 (General Residence Zone) and the C-2A (Limited Commercial Zone) are consistent with development in the area and is consistent with the land use designation of Mixed Use. He further asks that the applicant as a matter of process to continue to work with the residents of Emerald Pointe to make sure that their input is weighed and considered as progress moves forward on this site. Mr. Roach voting yes; he asks that the applicants continue to work with the community and try to keep in consideration the things that they have concerns about. He also asks the community to make sure that they continue to follow up on different meetings so that they can continue to express their concerns. Ms. Edwards voting yes; based on the fact that it’s consistent with the Comprehensive Plan and for other reasons previously stated. Mr. Hartman voting yes; because of the consistency with the Comprehensive Plan but he does encourage the applicant to continue to work with the homeowners adjacent to come up with a solution to their concerns. He thinks that the Commissioners should remember this when this comes before us in the future. Mr. Baldwin voting yes; based on the comments stated. Mrs. Welsh voting yes; for reasons stated in the motion and also taking into consideration the comments of the neighborhood in regards to C- 2A (Limited Commercial Zone). The area proposed there is five acres out of the seventy-eight and that commercial portion does allow for residential and commercial activities that are in accordance with a residential area as opposed to what she sees is strictly commercial. She does encourage the neighbors to continue to monitor the request as they come before the Commission and we will all work to make sure that it is the comprehensive area in accordance with what is deemed compatible with the neighborhood there. Dr. Jones voting yes; she is in total agreement with comments made by Mr. Roach and Mr. Hartman. Ms. Maucher voting yes; for reasons stated in the motion. 2) C-20-01 Rosemary Road Warehouses at 131 Rosemary Road (Simpson Industrial Park: Lot 4) - Public Hearing and Review of a Conditional Use Site Plan Application to permit the construction of four 1-story warehouse buildings totaling 30,955 +/- SF and associated site improvements at 131 Rosemary Road. The subject property is 2.88 acres +/- and is located on the north end of Rosemary Road north of Lafferty Lane. The property is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): Noise Zone A and APZ II (Accident Potential Zone II). The owner of 9

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 record is Blue Collar Guild, LLC. Property Address: 131 Rosemary Road. Tax Parcel: ED-05-077.16-02-12.03-000. Council District 2. Waiver Requests: Partial Elimination of Upright Curbing, Elimination of Sidewalk along Rosemary Road frontage, and Woodland Mitigation Plan. Consideration of Performance Standards Review Application. Representatives: Mr. Cameron Llewelynn, Owner; Mr. Mark Strickland, Century Engineering Mr. Swierczek stated this is an application to permit construction of four one-story warehouse buildings. The stated uses of the buildings were for wholesale storage, manufacturing and building contractors’ yards. There are several previous applications for this site to note. Particularly, SB-95-04 Simpson Industrial Park which received final approval in August 1997. This was the initial overall subdivision for the sites. This application did not show sidewalks to be provided along Rosemary Road. It did note that Rosemary Road was to in the future, be completed to City standards and sub-sequentially dedicated to the City which is something that the City has had a question about. This plan also identified specific areas for reforestation areas, some of which are located on the site subject to this application. With this submission, are two waiver requests. The first of which is for the elimination of sidewalks required along the Rosemary Road frontage. Generally, sidewalks are required along all street frontages; however, there are currently no sidewalks provided along any other frontage on Rosemary Road. There is also a recent Conditional Use application for 122 Rosemary Road which was C-19-08 reviewed by the Planning Office is October 2019; and it was granted a waiver from the requirement of the sidewalks along the Rosemary Road frontage. Staff is similarly recommending approval for the same waiver request here. There was also a waiver request submitted for the partial elimination of curbing. Generally, there is a six-inch curbing requirement for all parking and drive aisle areas. The applicant has submitted the waiver request stating that it is to help facilitate stormwater run-off. Planning Staff has granted that waiver request. There is a further Tree Mitigation Plan. The original development of the Simpson Industrial Park required that 28,695 SF of reforestation occur on this subject parcel. Additionally, there are 11,346 SF of existing woodlands on the site. The applicant has submitted a request for a Tree Mitigation Plan in which they propose to accommodate 100% of the tree plantings required for that woodland mitigation at the property of 151 Garrison Oak Drive. That is located on the east side of Dover and that will reforest previous agricultural land area creating natural woodland areas. Staff again notes that the square footage of trees to be provided in that Mitigation Plan are to be 1.25 times the square footage over the maximum 50% woodland allowed to be removed. The Mitigation Plan must also account for the previous reforestation woodland area being removed from that previous application. Staff is further recommending the approval of that proposed Tree Mitigation Plan. Finally, this development is also required to go through the Performance Standards Review. A letter for the Performance Standards Review application was submitted for consideration to the Planning Commission. Just as a reminder to the Planning Commission, they should act upon the request for the waiver from the requirement of the sidewalk along the Rosemary Road frontage, the Performance Standards Review Application, and the Tree Mitigation Plan as part of any motion regarding this project application. Mr. Strickland stated that they are proposing four warehouse type storage buildings that will be used for a variety of tenants. They are looking to lease each building to three to four tenants so there will be a total of up to thirteen tenants on the property. They have requested two waivers and then the Tree Mitigation waiver. The owner of the site, Blue Collar Guild, LLC and 10

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 Advantech are in verbal agreement for the off-site plantings and they will formalize that agreement upon hearing Planning Commission’s approval for this. Otherwise, the stormwater has been approval by Kent Conservation District. There is no DelDOT approval needed and they have received approvals from Public Works and are waiting on final confirmation from the Fire Marshal’s Office and Planning Commission. The Planning Commission and Fire Marshal both have our final sets of plans. Ms. Maucher opened a public hearing. Mr. Terry Whitfield – Ms. Bulkilvish stated that Mr. Whitfield has been communicating through the (WebEx) chat option. He stated that he is the potential owner of 110 Lafferty Lane and is interested in what is being proposed. She’s sure after seeing the proposal, he has additional questions but she doesn’t know what they are currently. Mrs. Melson-Williams stated that his question is in regards to the sidewalk that will run along his potential property. She doesn’t know that his property is adjacent to this application. She does not believe that his property is adjacent to this property. They are other properties between it and Lafferty Lane. Mrs. Melson-Williams stated that Mr. Whitfield messaged her as the host. He says that he is all for development. He just wanted to know because he is in the corner of the entrance for the public and they have to pass through the property. Responding to Mr. Whitfield, Mrs. Melson- Williams stated that maybe he is one of the parcels that is adjacent to Rosemary Road and Lafferty Lane. If he wished to do any development on his property, then it would be subject to its own development review process and consideration of sidewalk requirements for it. This application this evening has one waiver and it is specific to its frontage on Rosemary Road to eliminate sidewalk. Ms. Maucher closed the public hearing. Mr. Hartman stated that it probably doesn’t relate to what’s before us tonight but he read that in the 1995 application, Rosemary Road was supposed to have been up to Dover standards and turned over to the City but that’s never happened. Does the City have any concerns with that? Responding to Mr. Hartman, Mrs. Melson-Williams stated that in order for the road to be inspected for maintenance by the City, it has to be built to certain standards. If it is not built to those standards, then we could not accept it for dedication. It would remain a private road and those properties would be responsible for long term maintenance. Mrs. Welsh moved to approve C-20-01 Rosemary Road Warehouses at 131 Rosemary Road (Simpson Industrial Park: Lot 4) in accordance with any DAC comments and also for the compliance with the request for the elimination of sidewalk, partial elimination of curbing, the Tree Mitigation Plan as noted in the DAC comments and the Performance Standards Review application associated with this Conditional Use Plan, seconded by Mr. Hartman and the motion was carried 7-0 by roll call vote with Mr. Baldwin not able to speak and Mr. Tolbert absent. Mrs. Welsh voting yes; for reasons stated in the motion. Mr. Adams voting yes. Mr. Roach voting 11

CITY OF DOVER PLANNING COMMISSION MAY 18, 2020 yes. Ms. Edwards voting yes; it looks like it will be a nice addition to that property. Mr. Hartman voting yes; based on DAC recommendations. Dr. Jones voting yes. Ms. Maucher voting yes; based on Staff recommendations and comments previously made. Meeting adjourned at 7:13 PM. Sincerely, Kristen Mullaney Secretary 12