PC Minutes 2-16-21

CITY OF DOVER PLANNING COMMISSION FEBRAURY 16, 2021 The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were 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. James Taylor, Mr. Doug Liberman, Ms. Debora Hansen, Mr. Jonathan Street, Mr. Constantine Malmberg, Mr. Donny Legans, Mr. John Viglianti and Mr. Gregory Moore. Speaking from the public were Mr. Ted Werner, Mr. Parin Patel, Mr. Scott Kidner, Mrs. Michelle Johnson, Mr. Kirk Johnson, Mr. Jeff Niezgoda, Mr. Cameron Llewellyn, Mr. Todd Stonesifer, Mrs. Theo Braunskill and Ms. Linda Parkowski. APPROVAL OF AGENDA Dr. Jones moved to approve the Agenda tonight, seconded by Mr. Adams and the motion was unanimously carried 7-0 with Mr. Roach and Mr. Baldwin absent. APPROVAL OF MEETING MINUTES OF JANUARY 19, 2021 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of January 19, 2021, seconded by Mr. Adams and the motion was unanimously carried 7-0 with Mr. Roach and Mr. Baldwin absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, March 15, 2021 at 7:00PM. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on January 25 & 26, 2021 and February 8 & 9, 2021. Mrs. Melson-Williams stated that Mr. Hugg mentioned the Comprehensive Rezoning Project. The City is in the beginning of a process for what they call the Comprehensive Rezoning process. It is a follow-up as an implementation item to the Comprehensive Plan that was adopted in 2019. It requires us to compare the City’s Zoning Map with the Land Use Development Plan Map of the Comprehensive Plan. On Friday of last week, we sent informational items to those property owners who we have identified and are recommending for a Rezoning. This is an initial public outreach to them, and we do know that they have started to receive them in the mail as of this week. We are planning a Virtual Information Session and that will be held on February 23, 2021. They have the opportunities for meetings three times that day. There will be a WebEx Session at 10AM, 4PM and 7PM that day to introduce the public in general to our Comprehensive Plan Rezoning Project. We have a good amount of information already up on the City’s website and will be providing more information there as well. We are planning a walk up 1

CITY OF DOVER PLANNING COMMISSION February 19, 2021 display at City Hall to be located at the portico area which is the connection between the two- story and the one-story sections of City Hall located at 15 Loockerman Plaza. That Map and Information should be up at some point next week. If you are interested in the project, certainly reach out to the information sources that we have. Timelinewise, we are just getting started on the initial outreach. It will move through a formal review process with both Planning Commission and City Council later this Spring. Mrs. Melson-Williams stated that Staff tries to make our Planning Commission aware of training opportunities. Included in the packet we have some training opportunities offered by the University of Delaware: Institute for Public Administration. There was one that was held this past Friday and the next one is on March 5, 2021. It is an “Introduction to Land Use Administration”; so, it is really a look at what the Planning Staff does for review of an application when it is filed and how that process works. For those of you that are familiar with the City of Dover, one of the presenters is Mrs. Ann Marie Townshend who is the former Planning Director for the City of Dover and who is now the City Manager for the City of Lewes. She is still sharing her knowledge on land use activity. We certainly encourage Planning Commissioners to participate in these. It is free but you do have to register ahead of time and it is another famous Zoom meeting. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None S-19-03 DuPont Plaza Retail Center at 747 North DuPont Highway: Master Plan – Request for a One Year Extension of the Planning Commission conditional approval granted March 18, 2019 and as revised on July 15, 2019 for a Site Development Master Plan to permit phased construction of a retail center to consist of four buildings totaling approximately 62,260 SF in three phases. The buildings proposed include three multi-tenant retail structures and a restaurant. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05-068.05-01-15.00-000. Council District 3. Final Record Plan Approval on February 13, 2020 of Minor Subdivision Application SB-18-01 created this 10.007 acre+/- property. Administrative Site Plan S-19-18 DuPont Plaza at 747 N. DuPont Highway: Phase 1 - Buildings A and B associated with this Master Plan is pending Final Plan Approval. Representative: Mr. James Taylor, Duffield & Associates Mrs. Melson-Williams stated that this application is for a property located at 747 North DuPont Highway; just to the south of Leipsic Road. The piece in particular has frontage on DuPont Highway. It came through a Planning Commission review process as a Master Plan back in 2

CITY OF DOVER PLANNING COMMISSION February 19, 2021 March 2019. With a Master Plan, they are required to achieve Final Plan Approval and then commence construction within a two-year time frame from the Planning Commission approval. At this point, we are coming up on that two-year mark; however, the applicant has been working towards Final Plan Approval. They have submitted the Administrative Site Plan for Phase 1 which focuses on two of the buildings of the project; the two westernmost buildings. They are extremely close to Final Plan Approval in that Final Plans are in the Planning Office and approval is expecting emminently. They have achieved all of the other agency approvals; however, they may not be under full construction by the March 31, 2021 deadline. Hence, they are seeking the Request for a One-year Extension that will allow them to finalize the plan and then pull permits to begin construction of the project. They have done some work at the site work already within the past year related to demolition of existing features on the property. There was a lot of pavement areas and utility preliminary work that they were able to get started on, really in response to kind of clean up issues of the site that had been identified by our Code Enforcement Staff at the time. Mr. Taylor stated that as Mrs. Melson-Williams mentioned, we were before Planning Commission in March 2019 and then again in July 2019 for the Site Development Master Plan. We have received all of the approvals from DelDOT and Kent Conservation District as well as Dover Public Works and Water/Wastewater Department. At this point, we are just trying to get underway. They were able to do some demolition to the site back in May and June. At this point, things have been halted as we get the rest of the plans finalized. We are looking to get this project moving forward. Mr. Hartman stated that he believes that this project needs to be approved. Has the cross-access area between the shopping center and the residential area been decided upon? Responding to Mr. Hartman, Mrs. Melson-Williams stated that this property was part of a Minor Subdivision Application as well that separated this commercial component tract from what was proposed initially to be perhaps a residential component that had frontage along Leipsic Road. There is a Record Plan that divides the property and includes notations about the linkages between the two parcels, but we have not seen a redevelopment plan for what would be a potential residential component to the north and east of this site. There is a Record Plan that notes that shared access and the series of cross-access for both vehicular travel and for potential utility structures and stormwater management as well. Mr. Taylor stated that there was a plan at one point to do residential on the north portion. Cross- access as Mrs. Melson-Williams mentioned, was recorded as part of the Minor Subdivision Plat and that is actually listed on Note #32 on the plans themselves. The two properties have full cross-access between each other. They are currently owned by the same property owner who is wishing to develop the second parcel in the future but there is currently no plans for development at this point. Mr. Hartman stated that the Memo from the Planning Office referenced the residential parcel to the east. Is that the one that we are talking about? Responding to Mr. Hartman, Mrs. Melson- Williams stated yes. Mr. Adams moved to approve S-19-03 DuPont Plaza Retail Center at 747 North DuPont 3

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Highway: Master Plan for a one-year extension of approvals for the previously approved Site Development Master Plan, seconded by Mrs. Malone and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Adams voting yes; it seems like things are moving substantially in a great direction and he looks forward to the future development. Mrs. Malone voting yes; same reasons as Mr. Adams. Mr. Hartman voting yes; because it is a project that is needed and it is moving forward. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for reasons previously stated. Dr. Jones voting yes; looking forward to the improvement of that site. Mrs. Maucher voting yes; for reasons previously stated. S-19-01 Tommy Car Wash at 656 North DuPont Highway - Review of Update to Site Development Plan Application and Request for One Year Extension of Planning Commission Approval of March 18, 2019 to permit construction of a new approximately 5,194 SF Car Wash structure and accompanying site improvements. The previous structures on the site have been demolished, and the site is now vacant. The property consists of a total 0.940+/- acres and is located on a site bounded by North DuPont Highway to the northeast, and Lepore Road to the southeast. The property is zoned C-4 (Highway Commercial Zone) and is partly subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is now Manpreet Mattu (Previous Owner: Kathleen J. Gray). Property Address: 656 North DuPont Highway. Tax Parcel: ED-05-068.09-01-09.01-000. Council District 3. Representative: Mr. Doug Liberman, Larson Engineering Group Inc. Mr. Swierczek stated that this application originally came to the Planning Commission in February 2019 and then again March 2019 where it had received conditional approval. This location is where Kirby & Holloway Restaurant used to be located on DuPont Highway and Lepore Road. The project had received conditional approval and the applicants were pursuing finalizing plans before moving onto the permit process. There were a couple of items of the plan; however, that were needing further refinement. Now that those legal issues have been resolved, they are eager to continue with the process. This is a two-fold request on the part of the applicant. The first is an extension of the approval. The initial approval expires on March 31, 2021 so they are requesting a one-year extension of approval. The second item is that they are noting a slight revision to the Plan in that there is the addition of a 49 SF utility component on the north side of the building. You see that hatched item on the Site Plan. The applicant did provide a further Site Plan identifying that location as well as the line for the Source Water Protection Overlay Zone which was sort of a contention in the initial review. Mr. Liberman stated that the 49 SF addition is just a ten-foot lengthening of the utility room. The applicant calls it the back room. It went from a thirty-foot long back room to a forty foot to accommodate some maintenance within that building. It does not change any of the percentages with the SWPOZ (Source Water Protection Overlay Zone) area. We are showing a decrease to impervious area over what the original site had proposed. As far as the extension goes, this site was tied up in a lawsuit for about thirteen months so that had cleared and in favor of our client and we are moving forward with the approvals. They really only have a couple of small comments to address with Planning Staff prior to resubmitting the final plans and he believes that they are close with all of the other agencies as well. 4

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord questioned what was going to happen to the Kirby & Holloway sign? Responding to Mrs. Lord, Mr. Liberman stated that the sign was determined to be a historical sign, so they are to keep it and they have actually contacted a sign company to talk about refurbishing that sign. Mr. Adams abstained on this application because he recused himself at the original meeting due to a business conflict. Mr. Hartman moved to approve S-19-01 Tommy Car Wash at 656 North DuPont Highway to include the update in the Site Development Plan and the One-Year Extension, seconded by Mrs. Welsh and the motion as carried 6-0 by roll call vote with Mr. Adams abstained and Mr. Roach and Mr. Baldwin absent. Mr. Hartman voting yes; for reasons previously stated. Mrs. Lord voting yes; because they are keeping the sign. Mrs. Welsh voting yes; for reasons previously stated. Dr. Jones voting yes; for reasons previously stated. Mrs. Malone voting yes; for reasons previously stated and she is glad that we are not having an issue with the sign like Rehoboth is with the Dolly’s sign. Mrs. Maucher voting yes; for reasons previously stated. NEW APPLICATIONS AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road – Public Hearing and Review for Recommendation to City Council on an Annexation Request and Rezoning Request for a parcel of land totaling 0.6087 acres +/- (26,514.97 SF) located at 228 Mifflin Road, Dover. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 755 ft. north of Hazlettville Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Debora G. Hansen. Property Address: 228 Mifflin Road. Tax Parcel: ED-00-076.14-01-08.00-000. Proposed Council District 1. Ordinance #2020-17 The First Reading of this Annexation Request was held on December 14, 2020. Public Hearing before the Planning Commission is scheduled for February 16, 2021 and City Council on March 8, 2021. Representatives: Ms. Debora Hansen Mrs. Melson-Williams stated that this is a request for Annexation. It is a property owned by Debora G. Hansen. The property is located on the west side of Mifflin Road. On the image, you can see that it is highlighted in yellow and addressed as 228 Mifflin Road. Currently, it is the location of a single family dwelling and in the County, it is zoned RS-1 (Residential Single Family Zone). This request for annexation into the City of Dover would place a request for a zoning of R-8 (One Family Residence Zone) along with the SWPOZ (Source Water Protection Overlay Zone): Tier 3 Excellent Recharge Area. That is kind of the hatched area that you can see depicted on nearby properties that are already within the City of Dover. This property was considered for its utility availability for the City to provide services. Currently, with electric, it is not a City of Dover Electric utility customer and will continue to remain with its current provider. Sanitary sewer and water are available to property; it is located on the opposite side of Mifflin Road. The applicant, if successful, would be eligible to connect to City water and sewer at their expense. Currently, the property has its own septic system and in preparation for the future sale of this property, that is part of the reason why they are pursuing this request for 5

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Annexation; it is to be on a better system for that. This area was identified as a Category 1: High Priority Area for Annexation in the City’s Comprehensive Plan. You can see that it’s an enclave of some scattered parcels along Mifflin Road that are not in the City and this will bring yet another one of those into the City. The Comprehensive Plan did identify that a residential Land Use category is appropriate and R-8 (One Family Residence Zone) would match that appropriately. The rest of the packet does include information in more detail about the R-8 (One Family Residence Zone) and the SWPOZ (Source Water Protection Overlay Zone). Staff does recommend approval and annexation of this property and then setting its City of Dover zoning classification at R-8 (One Family Residence Zone) and then making use of the SWPOZ (Source Water Protection Overlay Zone) to further protect our underground water resources. The various departments and agencies also provided advisory comments as part of our Development Advisory Committee Meeting Report on the project by providing advisory guidance should they become part of the City of Dover and any future utility connection processes or any future development of the site. Ms. Hansen thanked everyone for including her in the Planning Commission meeting this evening. She has considered herself a resident of Dover for about 33 years. During that time, she has seen many of her neighbors go through this process and she does not relish the thought of construction on Mifflin Road. She is sure they don’t either, but she thinks it is time and as Mrs. Melson-Williams said, this will add one more resident into the City of Dover. She does appreciate the Planning Office and Public Works’ help in assisting her in this request for your consideration. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Dr. Jones moved to recommend approval to City Council for AX-21-01 Lands of Debora G Hansen at 228 Mifflin Road and for the approval of the zoning request from RS-1 (Residential Single Family Zone) in Kent County to R-8 (One Family Residence Zone) in the City of Dover and to include the SWPOZ (Source Water Protection Overlay Zone), seconded by Mrs. Welsh and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Dr. Jones voting yes; it is a nice addition to the City of Dover. Mr. Adams voting yes; he agrees with Dr. Jones. Mrs. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; based on the recommendations of the Comprehensive Plan and it just makes sense. Mrs. Lord voting yes; for reasons stated and it does make sense. Mrs. Welsh voting yes; it is an appropriate rezoning request for the City. Mrs. Maucher voting yes; for reasons previously stated. MI-21-01 Comprehensive Plan Amendments 2021 - Public Hearings and Review for Recommendation to City Council on a series of Amendments to the 2019 Comprehensive Plan identified as Requests A, B, and C. The Amendments include consideration of the following: two requests for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties as associated with rezoning application Z-21-01 and with rezoning application Z-21-02, and a request for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties associated with the Lots 1 & 2 of the Dover Mall. The First Readings of the Proposed Ordinances occurred on January 25, 2021 and Public Hearing scheduled for Planning Commission on February 6, 2021 and City Council on March 8, 6

CITY OF DOVER PLANNING COMMISSION February 19, 2021 2021. Mrs. Melson-Williams stated that she wants to introduce the Commission to the idea of these Comprehensive Plan Amendments. Each year, as per the instructions given in the 2019 Comprehensive Plan, there is an opportunity for residents of the City to request changes to the Comprehensive Plan. We refer to those as Comprehensive Plan Amendments. There is a filing deadline that occurs in December of each year and then each of the requests that are made are packaged together and become our Comprehensive Plan Amendments for that next calendar year. We have received three requests for that and as you can see on the screen, they all are requests to make changes to the City’s Land Development Plan which is Map 12-1. For clarity, we have identified them as A, B and C and we will move through each of them individually. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05- 067.00-02-51.00-000. Ordinance #2021-01. This is associated with rezoning application Z-21- 01. Representative: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Mrs. Melson-Williams stated that this is a Comprehensive Plan Amendment Request for the property located at 1205 McKee Road and they are asking for consideration of an amendment to the Land Development Plan Map of the Comprehensive Plan. Currently, the Land Use Classification on that Land Development Plan Map is Office and their request is a Land Use Classification of Commercial Low Intensity. The Comprehensive Plan also includes a series of text statements in the form of descriptions of these different types of Land Use Categories as well as policies and goals related to each of them: Office and Commercial Low Intensity. This property is located on the northeast corner of McKee Road and College Road. Its history dates back to 2006 when it was first annexed into the City of Dover. It consisted of four parcels that were later combined. Over the years, there were at least two attempts for Site Development Plans to develop the site into an office complex. Those have both expired and the property has sat vacant for a number of years. The applicant is making this request to go to Commercial Low Intensity that would allow for rezoning to a different series of zoning districts. The Comprehensive Plan has a Land Use Matrix Table that was included in the packet that identifies the Land Use category and then the appropriate zoning districts for that. By requesting this change in the Land Use Category, it opens up a broader range of potential zoning districts for the property and hence, a broader range of potential uses for the property. In reviewing the Comprehensive Plan Amendment, Staff is supportive of the change from Office to a Land Use Classification of Commercial Low Intensity. They think that it does provide that broader range of opportunity and it seems very unlikely that this prime corner on a commercial corridor would ultimately develop into an office format. It has not done that in a number of years, and we think that the Land Use Classification of Commercial Low Intensity brings to it some additional 7

CITY OF DOVER PLANNING COMMISSION February 19, 2021 options or opportunities for the property. The Development Advisory Committee did look at this Amendment and there are not a lot of comments in regards to it. There are basically no objections to the Land Use change. This Land Use change was part of our package of Comprehensive Plan Amendments that was submitted for PLUS Review. The PLUS Review for this and the other applications was received today and we distributed that to the Planning Commission members. Specifically, she wants to highlight some of the comments for this application. It is located within the Level 1 Investment Area and the Office of State Planning had no objections. DelDOT provided some comments about the location with no real concern about the Land Use change but noted future development activities would likely require the need for a Traffic Impact Study because of potential Land Use activities that could be happening there. DNREC had no comments on this particular application so in general, the comments received for Amendment A were favorable and Staff is also favorable to this Land Use Classification change from Office to Commercial Low Intensity. Mr. Malmberg stated that he wrote a memo and submitted as part of his application and he hopes that the Commission members have had an opportunity to review it. The property is obviously on a commercial corner. Since the POW/MIA Parkway got tied through to Camden, this whole road has become commercial and inappropriate for residential uses. Usually when he goes to these hearings, the concern is traffic, traffic, traffic. The previous application, which was approved back in 2006, was for office buildings which include traffic. This is a proposed use that would accommodate existing traffic to the sites. It would not contribute to what is already a busy corner. He knows that there was a concern raised about whether or not the proposed use which is Royal Farms would draw crime to the area. When he ran that by Royal Farms, they bristled at that. Royal Farms does have occasional issues with criminal acts obviously, because they popular throughout our area. But Royal Farms spends more money than any situated entity that he knows to make their store safe for the public and for their employees. And the fact that they are in many different areas of our County and some areas have higher crime rates, does not mean that Royal Farms attracts crime. As a matter of fact, they deter crime, so he rejects that suggestion. Just as a generic comment, neighborhood businesses which is what is proposed here, they do lots of great things. It keeps people from traveling out on the highway to get the gallon of milk or the dozen of eggs so it is good for the environment; it is good for traffic and it is good for America. Mr. Street stated that he knows that changes to the Comprehensive Plan, we often don’t want to consider changes that are going to set precedent to other projects. He would submit that if you look at Map 12-1A and you look at the next two intersections: the intersection of McKee Road and Walker Road and then the intersection of Pear Street and Walker Road which is the old high school and soon to be the new middle school, the Land Uses in both intersections are very similar to this. They all have some amount of Institutional, Residential Medium Density and Commercial Low Intensity in the four corners and Office use in the surrounding areas as well. It is not going to set a precedent because precedence is already set at the two intersections south and east of us. Mr. Hartman stated that it seems to him that the proposed use is consistent with the Comprehensive Plan and the area. He reviewed the comments and there were a number of comments made on this proposal that dealt with crime and crime is a problem in Dover as a 8

CITY OF DOVER PLANNING COMMISSION February 19, 2021 whole. He just can’t pick out one particular place where crime occurs. He thinks the answer to our crime problem is better enforcement rather than telling businesses that they can’t set up shop. He thinks that is a bad precedent. Mrs. Maucher opened a public hearing. Mrs. Melson-Williams stated that the packet of comments that the Commissioners were provided this afternoon included three items in regards to this Application and she is going to name them by reference. Some of them do have participants that may want to speak in regards to this Application this evening. First, there is a Letter of Protest from Jaimini Patel who is the owner of Riddhide Siddhi LLC which is the two properties across the street at 1005 College Road and 1216 McKee Road. Associated with that is a Petition and list of signees to that Protest to protest the Rezoning Application; it was signed by 11 individuals. Then we have a Letter of Concern regarding the future proposed use that was submitted by Ted Werner who is the CEO of PAM Rehabilitation Hospital which is located kind of to the north and west on McKee Road. Those items are entered into the record as part of the Public Hearing for this Comprehensive Plan Amendment and they will also enter them into the record when we get to the Rezoning Application. Mr. Ted Werner – PAM Rehabilitation Hospital 1240 McKee Road Dover, DE 19904 Mr. Werner has no further comments, just that contained in the Letter he submitted for the Commission’s review. Mr. Parin Patel – 1216 McKee Road Dover, DE 19904 Mr. Patel stated that he is located across the street from 1205 McKee Road and they have been there for a long time. This corner is a busy corner and there are a lot of accidents going on and too much crime. Mrs. Maucher closed the public hearing. Mrs. Malone stated that regards to the crime and the incidents that everyone is discussing, she doesn’t really feel that Royal Farms has any more of that than any other convenient store anywhere. If anything, she has always found that Royal Farms is extremely well lit compared to a lot of other convenient stores. She would feel really comfortable with a Royal Farms being on that corner. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the land use change from Office to Commercial Low Intensity. Mrs. Welsh stated that she does have concerns about traffic. She has traveled this particular corner herself probably three to five times a day since 1992 and she has watched the traffic in that area. She has concerns with the traffic flow as far as left hand turns. She has noticed with the construction of other properties there, the other convenient store and office property that is there on McKee Road and College Road, that there seem to be a lot of issues with people trying to turn left there. She just wants to state that she feels that it is necessary to do a traffic flow analysis as 9

CITY OF DOVER PLANNING COMMISSION February 19, 2021 far as what would happen there. Maybe, it would need to be right turn in and right turn out only or something along those lines. She will admit that the traffic is heavier at certain times and that would be more of the times when it would be a concern. She does not know if that can be addressed in any way. Responding to Mrs. Welsh, Mr. Malmberg stated that the property was previously approved for 40,000 SF of office buildings. Office buildings, especially medical offices, tend to draw a lot of additional traffic. This use as a neighborhood business proposed use, tends to serve existing traffic so that is a better use from a traffic perspective than what is currently approved for. They will be into a Site Plan hopefully in a few months and this project is going to go through some rigorous traffic analysis to make sure that not only does the intersection get addressed but gets improved because that seems to be the way it goes. He appreciates the traffic comment because he has been a resident of this town for over 50 years and he takes that intersection many times heading north in the morning with his kids. He is sure that it will get addressed. He foresees an improvement to the intersection rather than what currently could be the situation which would be maybe a dis-improvement. With that said, rights-in and rights-out on McKee Road he thinks that is all that would ever happen there; he thinks that is a realistic concern. He thinks that they were going to be pushing as much as they can for a lefts-out onto College Road as far to the east as possible just because otherwise you have to wrap all the way around to Lowe’s and down the highway which is not good for traffic on the highway to get back to where you started from to get back to College Road. Knowing that it is irrelevant, he does not want to be anything but transparent about what the request is going to be when it gets to Site Plan consideration. Mrs. Welsh stated that she does not really have an issue with Mr. Malmberg’s thought process about the amount of traffic and the fact that it is going to serve existing traffic. She sees that point and she understands what he is saying. Her issue was with the flow and where the ingress and egress will be because the traffic does back up significantly there at certain times of the day all the way to the railroad tracks and all the way back almost to the other intersection at Walker Road at certain times of the day and within a fifteen to twenty minute time period. Responding to Mrs. Welsh, Mr. Malmberg stated that is the success of the POW/MIA Parkway from Camden. Mrs. Welsh stated that she realizes that. She is just concerned that we really don’t lose sight of those issues. Responding to Mrs. Welsh, Mr. Malmberg stated he agrees. He sits in that traffic and the lights make you crazy. Dr. Jones stated that she would add to the concern about traffic. Aren’t we also possibly impacting the school traffic there at certain times of day? She goes to North Dover Elementary School quite often and depending on the time of day there is also the traffic back up with parents waiting to get into the school and so forth. So as we are considering the traffic concerns, that is another concern for this location. Responding to Dr. Jones, Mr. Malmberg stated that he will be glad to see her at Site Plan Review. Mr. Street can weigh in on this but the Site Plan issues are interesting. He knows the intersection well. He is a 50 year resident and he has sat in that traffic. He does not foresee a commercial use that basically serves the existing traffic as opposed to adding to traffic as being a negative, but he gets the issue and he understands the issue. They will certainly be back before the Commission at Site Plan Review and looks forward to the opportunity to improve that intersection. 10

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Adams questioned if the motion was for number 7 on the agenda? Responding to Mr. Adams, Mrs. Melson-Williams stated that we are just dealing with the Comprehensive Plan Amendment and yes, that would be Item #7. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the Land Use (Classification) change from Office to Commercial Low Intensity, seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Malone voting yes; she is looking forward to the improvements of the intersection because she travels that road at least twice a day and she thinks that this would be an added bonus to have that on the corner. Mr. Hartman voting yes; the proposed change is consistent with the development of the area and consistent with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; she thinks it will be a good use of a vacant lot and she looks forward to seeing what Becker Morgan Group has to propose in the future on this property. Dr. Jones voting yes; for reasons previously stated. Mr. Adams voting yes for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated. Z-21-01 Lands of College Towers LLC at 1205 McKee Road – Public Hearing and Review for Recommendation to City Council on Rezoning Application for a parcel consisting of 3.46 acres+/- located at the northeast corner of McKee Road and College Road. The property is zoned CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00- 000. This is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-04. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Mr. Swierczek stated that this is an Application that is secondary and kind of contingent on the Application (MI-21-01A) that was previously discussed which was the Land Use one. This component is specific to the Rezoning itself; the Land Use was to allow for a Rezoning. The current zoning of the property is CPO (Commercial and Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone) which is an added component of the Code that has some further landscaping design and aesthetics requirements along some of the City’s main commercial corridors. The applicant is requesting to rezone the property to C-2A (Limited Central Commercial Zone) and that would be maintaining the COZ-1 (Corridor Overlay Zone) as well. That is again to allow for the potential development of that Royal Farms which would again be a separate application in the future should this Rezoning be approved. Mr. Malmberg stated that he will incorporate his previous comments. Mr. Street stated that he wants to clear the record. He is with Becker Morgan Group and they are representing the applicant to assist Mr. Malmberg but he cannot say for certain that they will be 11

CITY OF DOVER PLANNING COMMISSION February 19, 2021 doing the Site Plan. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams entered by reference the public comments that they received regarding this Application. They were previously referenced the Comprehensive Plan Amendment but are also for this Rezoning Application. It is noted that they are a Letter of Protest from Mr. Patel of Riddhide Siddhi LLC with the Petition and List of Signees to the Protest on the Rezoning Application that is specifically signed by 11 individuals. The addresses appear to be from the residential communities in the area. The third written item is the Letter of Concern from the PAM Rehabilitation Hospital that is located to the northwest of this site. Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend approval to City Council for Application Z-21-01 Lands of College Towers LLC at 1205 McKee Rd to rezone the property from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone) and would remain subject to the COZ-1 (Corridor Overlay Zone) and it would be consistent with what is in the area, seconded by Mrs. Lord and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Hartman voting yes; based on the fact that the Rezoning would be in compliance with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for the reasons stated in the motion. Dr. Jones voting yes; she would echo Mr. Hartman’s comments. Mr. Adams voting yes. Mrs. Malone voting yes; for reasons previously stated. Mrs. Maucher voting yes; it would be consistent with the previously approved Amendment to the Comprehensive Plan. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. Ordinance #2021-02. This is associated with rezoning application Z-21-02. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this Request is in regards to two properties that are located on west side of North West Street between North West Street and the railroad tracks. On the map shown, the railroad track is the heavy black line that is shown. The current Land Use Classification designation in the Comprehensive Plan is Industrial and the proposed designation is for Mixed Use. The property is actually two parcels of land. The one that fronts directly on North West Street is the one with the address of 92 North West Street and the other kind of strip of land does not have an address and it is referred to as the parcel adjacent to Fulton Street. There 12

CITY OF DOVER PLANNING COMMISSION February 19, 2021 is an existing warehouse-like building on 92 North West Street. The properties were previously owned by the Southern States Corporative and at one point, had a number of storage tanks for various fuels that were part of that operation a number of years ago. Those storage tanks were monitored and may still be monitored by DNREC’s Underground Storage Tank programs. For the Comprehensive Plan, again in the DAC Report it references the statements of the Comprehensive Plan related to goals for what are Employment Centers and that’s where it captures the Industrial land use. Then also presented are the goals and recommendations for the Land Use Category of Mixed Use. The Land Use Category of Mixed Use also has some specific recommendations that are focused on Downtown Dover. While this may be some distance from what most people consider Downtown Dover on Loockerman Street, it is within the northwestern portion of the Downtown Central Dover Area. In this application, Planning Staff has evaluated the request to make that land use change from Industrial to Mixed Use and they are finding that it does not appear to be consistent with the area in general. They look at it as there are areas as you can see on the map to its south and east that are in that Mixed Use category; that is where you truly find a mix of residences, a number of public assembly uses in the form of churches and then once you reach Division Street you do find much more of a commercial aspect in uses. They look at this area between North West Street and the railroad corridor as industrial in nature with West North Street being kind of the boundary between what is industrial that flanks the railroad corridor with the remainder of the Downtown area. They think the Industrial (category)still allows for opportunity of some industrial types uses that are smaller in scale. These are smaller properties when compared to some of the other tracts of land along the railroad track but they think that the opportunity still is there for this property. The Development Advisory Committee also provided comments. Most of them are basically no objections to the land use change and only comments regarding should potential land use activities happen in the future. Since this is a Comprehensive Plan Amendment, it was reviewed through the PLUS Review process with the State and she wants to highlight some of the comments. It was recognized by the Office of State Planning Coordination for no objections in the change of land use. It is an area in the State Investment Level 1 that is developed and it is an opportunity for redevelopment of the parcel. DelDOT offered no comments as the adjacent streets in this area do not fall under their jurisdiction. DNREC; however, did include some notations about what may be current or previous contamination that may exist on this property. It was part of what was a larger remediation project that administered through the Division of Waste & Hazardous Substances at DNREC. So, for any kind of future activity there, they would need to be consulting that specific section of DNREC and there may be implications for future development of the property. There is nothing substantially negative. The reminder from DNREC is in regards to if they were considering use of the property; and it is really based on the historic use of the property that may have caused a potential contamination at the site and can deal with remediation procedures if necessary. Mr. Street stated that the property is just north of Division Street and Fulton Street is the next street north. Just to the north of us is Teal Construction and the immediate adjacent parcel to the north of us is a recycling center and to the west is the Norfolk Southern Railroad. Everything on that western side of the railroad has a Land Use of Industrial as well. This slide mimics the Land Use as it is laid out in the current Comprehensive Plan right now. On the lower right hand corner of the map shows the Mixed Use of the City itself. The red dot is the subject parcel and it is mashed right in between Mixed Use, some Residential Medium Density and Institutional which 13

CITY OF DOVER PLANNING COMMISSION February 19, 2021 includes Wesley College, Booker T Washington Elementary and William Henry Middle School as well as Campus Community School. What you see in the middle in the gray is the Land Use that is used as Industrial right now. As you get further south along that railroad line, right in between Fulton Street and Cecil Street, that is where we are. They are kind of right in that tip. It is a really small parcel that has been vacant for almost going on 30 years now. It has been for sale for the past 6 years and no one has really jumped on it. It is in the northwest corner of the Downtown Development District. Two main goals of the Comprehensive Plan would be to encourage economic development and to promote revitalization and redevelopment of the City’s Downtown. As Mrs. Melson-Williams said, this may not be considered right in the heart of Downtown but it is still in that Downtown Development District. Switching this Land Use from Industrial to a Mixed Use affords the owner an opportunity to redevelop this in a manner that would revitalize the area. It only takes one domino to fall for the rest to follow suit and he thinks that this has the potential to do that. With that, he understands the City’s concern with switching the Industrial along that rail line but like he said, we are at 0.4 acres and there really isn’t a practical use for something that small. Even if the neighboring property was to purchase this property, which they likely had the opportunity to do for quite some time, and expand their operations they are still not at anything above 2.5 to 3 acres and that is an Industrial use that is quite small. You can see that the properties north and west of us are multiple acre properties that can utilize rail if needed and have the room to actually construct and/or improve those areas. This property just doesn’t have the ability to do that. Mr. Legans stated that for thirty years this property has sat vacant. It has been for sale for the last four or five years with no hits and no interest; so, it is zero economic benefit to the neighbors and to the community. Actually, it has been more of a determent in terms of attracting residents and attracting business to that area despite it being located Downtown. So no matter which map you look at, whether it’s a Downtown Redevelopment Target Area Map, the Downtown Redevelopment High Priority Area Map or the Downtown Development District Map which is a smaller subset of Downtown and is designed specifically to spur economic activity. Dover got designated that in 2015 and this property still sat for an additional six years. He does not think that it is desirable with the size for Industrial use as things are getting bigger and bigger in that realm so we would like to change it to Mixed Use. It is consistent with the 2019 Comprehensive Plan recommendation that Downtown be Mixed Use so they agree. It is a six minute walk to Wesley’s campus and a ten minute walk to Loockerman Plaza; so, it is very much in that hub. One block off of Division Street; this corridor that is our gateway to Dover and it is the first impression that people get coming from the west and we should be mindful of our first impression of Downtown. He thinks that we need something vibrant there, something for the community. The Downtown Development District is 224 acres and was established in 2014 by Mrs. Ann Marie Townshend. The very first thing that you have to do is draw your map and define your lines and this 92 North West Street is within those lines and that was to specifically spur economic development. Of those 224 acres, all but five acres fit into the Mixed Use land use, C-3 (Service Commercial Zone) C-2A (Limited Central Commercial Zone), C-1 (Neighborhood Commercial), R-8 (One Family Residence Zone) and R-10 (One Family Residence Zone). Those five acres are made up of six parcels. Three are in use: Teal Construction, the recycling center and the auto parts store. The other three parcels are not in use: one is a vacant lot, one is a vacant building, and one is a storage area that he thinks was up for Sheriff’s Sale in January. He thinks that we can do better by our community and our City. It is 14

CITY OF DOVER PLANNING COMMISSION February 19, 2021 not secret that he wants to put a restaurant here and that is the reason why there are probably a lot of call-ins tonight. He plans on keeping the industrial look and feel; it will be family friendly. Most importantly given everything that we have been through, he thinks it will be good for the community. So, what better way to say that Dover is serious while raising its profile that it is open for business than changing this long outdated Land Use (Category) to something more in line with what is trending Downtown and that is Mixed Use. Mr. Hartman questioned what Mr. Legans would say to the adjacent industrial neighbors that are properly zoned and sited? There have been comments about a domino effect and one of the letters mentioned siting a museum there. Have you talked to them? What do you say to your neighbors that are industrial? Responding to Mr. Hartman, Mr. Legans stated that he did talk to one of the principals for Diamond Recycling Center and he loved the idea. He has actually been to a similar style restaurant throughout his travels in Philadelphia so he was very familiar with what we are trying to do. In terms of domino effect, he thinks that it was more in line of how people view Downtown in terms of attracting residences and businesses and the domino effect of people not wanting to come Downtown for whatever reason. To have a new vibrant restaurant that is local and that is veteran-owned in the neighborhood that you can walk to or bike to. Since the Senator Bike Lane is right in front of it that they plan on using more, he thinks was more in line with the domino effect. Not in terms of other parcels being bought up. Then again, the parcel directly to the south of him is a non-use and he believes that is the rail museum that the one commenter is talking about. If you’ve driven down Division Street, you can see that the roof is half gone and has been like that for years. So the domino effect for something that is not in use, he supports. Mrs. Lord stated that she thinks it is an excellent thing for Downtown and we need some revitalization. This sounds like a progressive foot forward. Taking a parcel of land that is just sitting there and turning it into something that is good for the community, she whole heartedly supports and plus she lives next to Wesley College; she lives Downtown. We see every day how things can be eroding to some extent and desperately want to see a positive movement not negative movement. She thinks this is very positive. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wanted to enter into the record the Exhibit Set of Public Comments received on both this Comprehensive Plan Amendment Application (MI-21-01B) and the associated Rezoning Application (Z-21-02). There are sixteen items that came in the form of emails or letters in regards to these applications. We do have a number of those individuals present this evening. For the most part, these are all letters of support for what they make mention of as a restaurant or the Rail Haus name or the Rail Haus Business. There is a letter, Item #14, which was an email support for the Industrial use of the property along the railroad corridor that was received by the KEP (Kent Economic Partnership). We did try to identify for the emails where the person was speaking from and some of them included their residences and they included that in the list. We have comments received from Theo & Arnold Braunskill, Jeff Niezgoda, Fran Riddle, Heather Thorsell, Juliana Mione, Steven, Rachael Papen, Brian Moritz, Gail Christensen, Megan Muenter, Colleen Papen, Laura Parks, Jayce Lesneiwski, Linda Parkowski, Mt. Carmel Church of the Living God, and Monica LeBlanc. 15

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he lives at 3 Shinnecock Road and has an office located at 15 Kings Highway. He thinks that this is a wonderful application. He does not know the applicant and he is not here on behalf of any client but he thinks that this is a wonderful opportunity to take some unused property and turn it into something pretty neat. This brings to mind some places that he has been, including a place in Middletown, Delaware called Metro Pub & Grill which sits along the railroad tracks. It’s a wonderful operation and it does have that industrial look to it. It is a great restaurant and he has been there many times. It also reminds him of places in the State where we are taking property that has not being utilized or that is not being used to its best use. This is one of those opportunities where he thinks that we step forward as a City and maybe it will be something that anchors that into Loockerman and gets some things moving. He wishes the applicant great success and hopes that the Planning Commission will allow this to move forward. Ms. Michelle Johnson – 39 North American Avenue Dover, DE 19901 Ms. Johnson stated that she is very much in support of the Comprehensive Plan Amendment to include the change from Industrial to Mixed Use. She lives at 39 N. American Ave which is down the street from Mr. Legans. They don’t know them well but they have moved into their neighborhood and in many ways revitalized it. They have done a ton of work on their house. They have gotten to know all of the neighbors and they have been really extraordinary in reaching out and just being wonderful neighbors in our community. She has absolutely no doubt that what they intend to do at the property at 92 North West Street will indeed revitalize that area of Dover. We live within walking distance and at this point, to go to a similar location, we would need to drive to Lewes, Middletown, Wilmington or Philadelphia. It was just be wonderful to have a property like that within walking distance of Downtown Dover. Mr. Kirk Johnson – 39 North American Avenue Dover, DE 19901 Mr. Johnson stated that he was also in support of the change in use for a couple of reasons that have already been touched on by others. The importance of redeveloping that neighborhood for a property that has sat empty for an extraordinarily long period of time. It is such a small lot at 0.4 acres; it is less than 36,000 SF. The land to building ratio size means that somebody is going to locate there means that it would be at most a 15,000 SF manufacturing facility that is locked in; it is in a residential neighborhood. The odds of finding anyone are incredibly low and we have proven it by having an unused parcel for such a long period of time. He hopes that the Commission will approve the change in use because it really is important for the City of Dover to have locally owned businesses inside its City rather than simply outside entities building yet another corporate chain restaurant on Route 13. Mr. Jeff Niezgoda – 126 Downes Drive Hartly, DE 19953 Mr. Niezgoda stated that as Mr. Legans mentioned, the multi-modal component and the connectivity exists with this opportunity at this site: both with the Senator Bikeway that was recently completed that is an east to west connection through Dover as well as the Capital City Trail that also provides opportunity from multi-modal connectivity from the Air Base, Camden- Wyoming, Downtown Dover and all of the extremes around. Other opportunities that have cropped up similar to this around other trails adjacent to railroad corridors or business 16

CITY OF DOVER PLANNING COMMISSION February 19, 2021 opportunities that have opened up adjacent to railroad corridors similar down in Georgetown and Lewes where they are building a Georgetown-Lewes Trail. There have been a lot of restaurants and breweries that have been very successful. He has been a resident of Delaware for approximately 55 years. Mr. Cameron Llewellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llwellyn stated that he and his wife own Tidemark Construction located at 117 West Reed Street and also My Roots that is located at 9 West Loockerman Street. They fully support rezoning this property. Our colleague Mr. Rob Pierce in Milford, DE has at the former Southern States property in Milford a doggie day care. He does not believe that a bike lane was intended for industrial workers to ride their bikes to work; he believes that it was for space making. As an industrial and commercial contractor, he sees this as an opportunity to change the use of this piece of dirt and make it something good for Downtown Dover. Where it is located is a gateway into Dover and when people come across those railroad tracks and see this, they think that this is an urban area that wants young professionals to congregate and not for vacancy. To echo the comments of some of the earlier Planning members, Mrs. Melson-Williams and Mrs. Townshend did a lot of work to put that DDD Grant together and there are not huge corporations that are going to come in and chase Downtown Dover for 0.8 acres. He will make comments here about Constitution Yards in Wilmington, DE and the Crooked Hammock. Those are all economically viable entities and they bring people to places that they normally wouldn’t go. He and his wife fully support this. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he is the President of the Downtown Dover Partnership; he is a founding member of the organization known as Destination Downtown Dover; and he is a member of the Greater Kent Committee. He states for the record, that he does not represent any of those entities as he speaks tonight but more appropriately he shows his passion for the area. He spent a lot of time working with the revitalization of this area. He also owns multiple properties in the Downtown area: 115 North State Street, 110 North American Avenue, and 27 West Loockerman Street where his business is located. That business is real estate brokerage. He works in this neighborhood and he thinks that it is appropriate to recognize many of the changes that this neighborhood is currently going through by the efforts of organizations like NCALL and Habitat for Humanity. We are seeing the neighborhood turn into a primarily owner occupied residential area versus a primarily tenant occupied area. This has social benefits that far outweigh anything that anybody can throw at you. Many of these homeowners do desire a place where they can walk and feel safe and have a good time and get a meal. From what Mr. Legans has told him, this is absolutely what this area needs. You are going to hear two key points that these economic development entities in Kent County desire and that is quality of life and that we are also targeting industrial and manufacturing. Both are excellent ideas for growth here in Kent County and in Dover specifically. With regards to the property here, he is going to echo what everyone else has said. It is not big enough to attract a viable industrial purchaser. The properties surrounding it are going to be much better suited to attract those people. Finally, he thinks what the Commissioners have to weigh is which one of these uses is going to be the highest and best use for this specific piece of property. Based on his experience and the work that he does in all levels, voluntarily and professionally, he sees this as being a true benefit to the area and to Downtown and to his personal life because he will get to walk to it and enjoy it himself. 17

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord stated that she used to live in a town in Virginia that wasn’t too different from Dover. It was sleepy and they kept trying to wake it up and nothing worked. It took one business, in fact very much like this one, that woke up this town (Leesburg, VA) and now it is a thriving family friendly and multi-friendly place where people just come and spend their money. She really thinks that this might be a turning point for Dover, something that she has personally been looking for since she moved here 6 years ago. Mrs. Theo Braunskill – (was unable to speak due to technical issues/ used Chat) Mrs. Melson-Williams state that Mrs. Braunskill is noting that she is a member of the community. Her letter notes that the Braunskills live at the corner of West Street and Fulton Street. Her family has lived in the neighborhood for more than 100 years and they still live there. Her neighbors may be reluctant and skeptical of a new business. They have had their share of things like drugs, slumlords and the eye sore of the recycling facility but they are ready to move past all of that and learn to heal and replace those scars with a positive and refreshing business. They have to embrace new and they have new housing in our community that has increased our property values. She knows that if we don’t continue to make change that things will remain the same. She notes to make sure that they remember that we are a City, the capital of the First State of Delaware and that use is going to do FIRST things. She notes that we have to be welcoming to tourists and our “out of state” visitors and we have a responsibility for our future generations. She is in full support of a new restaurant and it would be a well-needed boost. She is particularly supportive because she has hopes and dreams of turning the warehouse/building next door into a Railroad Museum that would fit nicely together, a restaurant and a museum. She further states that they love Dover and believe that this restaurant will be an asset to our community and the City of Dover. Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski questioned if Dover needs something like Mr. Legans is proposing. Absolutely, there is no question that Dover and Downtown Dover needs something vibrant as Mrs. Lord stated, that would be even just the start to everything happening in Dover. The concern that the KEP has is that they have lost so many industrial sites along the rail corridor all throughout the County. COVID has actually changed a couple of things as far as people wanting rail sites. The supply chain is different than what it was. Having said that, everybody will say this site is too small. You could combine it with what land is across the railroad, combine it with the parcels around it, and it would be able to support all kinds of projects that could contribute to the quality of life. They are asking the Commissioners not to change the Comprehensive Plan zoning designation of Industrial. They implore you to keep the Industrial zoning designation because they feel that the rail corridor is such a precious commodity that they are not building anymore rail. What we have is what we have and we have to preserve the Industrial zoned land all along the corridor. She has told Mr. Legans that she is more than happy to work with him if he wants to find an alternate site in the Downtown area and they will be in support of it because they do believe that this is needed in Dover. Mrs. Maucher closed the public hearing. Mrs. Welsh questioned if Ms. Parkowski could clarify her reasoning for not supporting this 18

CITY OF DOVER PLANNING COMMISSION February 19, 2021 application. Do we need land along the railroad corridor abutting the railroad in a continuous path? Responding to Mrs. Welsh, Ms. Parkowski stated that any industrial zoned land that is currently existing along the railroad, they do not want to see it rezoned for other uses. The industrial rail land has become much more valuable. She knows that this parcel sat for 6 years but post-COVID is going to be a whole different world for industrial rail land. The last two large projects that came into the Dover area all needed rail. She addressed the size earlier but they have had inquiries where people need an acre for what they want to use rail for. She has a project right now that probably would have gone in the Southern States Building had it been available. They are opposed to rezoning from Industrial to any other use, especially land that is along the rail corridor. They are asking the MPO to fund a study this year to find all of the land that they can start preserving that is along the rail corridor because otherwise, it is going to be housing developments or other uses and soon we won’t have that land available for good paying jobs. Mrs. Lord stated that you don’t want it changed over from Industrial; you want it kept the way it was. So what do you envision happening with that land going forward? Right now, it is just sitting, and it could be part of a revitalization of the Downtown area which is needed for all small businesses. Post-COVID, we are going to have to really ramp up our small businesses. She understands the concern about the supply chain, but she does not see how this tiny parcel of land is going to impact the supply chain. Responding to Mrs. Lord, Ms. Parkowski stated that she thinks that she thinks Mrs. Lord’s point is well taken but if you look at the zoning that’s happened in Kent County over the last 10 years and you look at how many housing developments butt up against the rail corridor. All along the rail in Kent County, they have lost some really good industrial land that could be used for industrial uses. This may be a small parcel but you are setting a precedent that you can just take that industrial land along a rail and rezone it for other users. She does think that there are other users and she thinks if that Southern States Building was available now or in the next year, she thinks they could find and industrial user for it. Mrs. Lord stated that her point is that the land is vacant and maybe somebody is going to come along, but right now we have someone who wants to create a business there and employee people and revitalize Downtown. A tiny little parcel, she doesn’t think, is going to hurt the rail business in Dover. Mr. Hartman stated that what concerns him is not the restaurant because we need that but do we need it there? We see restaurants failing in Downtown Dover. He doesn’t want to change the Comprehensive Plan to a Mixed Use and God forbid this restaurant fails and somebody else decides that it’s good for a residential area. The restaurant is not his concern, changing it to Mixed Use is his concern. Mrs. Lord stated that she is rather passionate about this because she sees Dover struggling to become what it could be and to be fearful of what if it fails is not being brave and moving forward to try making Dover be the best city that it can be. This is a different type of restaurant; this is a beer garden. It is something that we don’t have that people do want and people travel far away to go to places like this. We need to be brave and bold and think outside the box and not just say what if. It being an industrial site and going with an industrial theme, she thinks would be a beautiful addition and it would bring foot traffic and it would help. 19

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Adams moved to recommend approval to City Council for application MI-21-01B: Properties at 92 N West Street – Consideration of Amendment to Map 12-1: Land Development Plan Map to change the Land Use Classification to Mixed Use from Industrial, seconded by Dr. Jones and the motion was carried 6-1 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Adams voting yes; he is exceptionally impressed with Mr. Legans’ presentation. He has clearly done his homework as it relates to the other properties that qualify as Industrial. He thinks that there is overwhelming support for the project by notice of all of the people who have spoken up and engaged here. He wishes the applicant good luck and looks forward to patronizing. Mrs. Malone voting yes; she is impressed as well and also supports the comments from Mrs. Lord and she will be there. Mr. Hartman voting no; based on the comments from the Kent Economic Partnership about the rail line and the Industrial zoning of their neighboring properties. He does wish the applicant success and if this goes through, he will be his biggest supporter because he goes to these places all of the time. Mrs. Lord voting yes. Mrs. Welsh voting yes. Dr. Jones voting yes; she looks forward to patronizing this business. Mrs. Maucher voting yes; she did have some initial concerns but showing the proximity of the Mixed Use right across the street on the map and it being vacant for some many years and she would say what we have been doing hasn’t been working. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street - Public Hearing and Review for Recommendation to City Council on a Rezoning Application for two parcels totaling 0.82 acres +/- located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. This is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-05. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mr. Swierczek stated that this is the Rezoning application for the lands that we have been discussing at 92 North West Street, contingent upon the approval of the Comprehensive Plan Amendment (Mi-21-01B) that was just discussed. The land currently has a Land Use of Industrial and it is zoned M (Manufacturing Zone). If they were to be amended to be Mixed Use, the applicant is requesting that they be rezoned to C-2A (Limited Central Commercial Zone) and that would be for both parcels there. Again, it has been discussed to allow for a restaurant use and as noted with the previous application, obviously that would be part of a separate Site Development Plan process that would come in the future should both applications pass Planning Commission and City Council. Mr. Street stated that he does not have anything in addition to what has already been discussed. 20

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Legans stated that the support has been great. They plan to hire within this immediate area to get more people to walk or bike to work. With a well-paying job, this would really affect the quality of life in this area. Impacting that community is his goal. Mr. Adams questioned if the expectation here would be that we approve the Rezoning to C-2A (Limited Central Commercial Zone) and that going forward, they should expect an application for a full Site Plan review once these applications are passed by City Council? Responding to Mr. Adams, Mr. Swierczek stated that is correct. Right now, the Commission is debating the Rezoning and the development would be a future separate process. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the series of comments that were received that were applicable to both the Comprehensive Plan Amendment (MI-21-01B) and this Rezoning application (Z-21-02). There are a total of 16 items that we received by email and letter of support for a Rail Haus Restaurant use. The one that is the outlier is Item #14 from the Kent Economic Partnership who was interested in much more of an industrial zoning for the end use of the site. Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he is obviously in support of this Rezoning and asks that the Planning Commission move forward with it. Mr. Cameron Llwellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llwellyn stated that he echoes Mr. Kidner’s comments and he fully supports this application. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he would like to restate of the reasons why he was in favor of the previous application (MI-21-01B) and he is fully in support of this application (Z-21-02). Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski stated that she thinks she made her position pretty clear on the Comprehensive Plan Amendment application (MI-21-01B) but it looks like it’s going to pass, and she wishes Mr. Legans all the best. They will certainly assist him in any way that they can in being successful. Mrs. Maucher closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for application Z-21-02 Lands of Donny Legans at 92 North West Street and a parcel on Fulton Street for the Rezoning from M (Manufacturing Zone) to C-2A (Limited Central Commercial Zone), seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Welsh voting yes; she thinks that it is a great idea and wishes the applicant all of the success. We all really need that right now and she thinks this will be a great start to revitalization as they all hope. Dr. Jones voting yes; for the reasons previously stated. Mr. Adams voting yes; he thinks that there has been great conversation tonight and he is looking forward to this great addition to Dover. Mrs. Malone voting yes; for the reasons previously stated. Mr. Hartman voting yes; to 21

CITY OF DOVER PLANNING COMMISSION February 19, 2021 support this business and he hopes that all of his fellow Commissioners and all those people who called in to support this business, he hopes to see everyone in there eating. Mrs. Lord voting yes; she believes that this is a shot in the arm that Dover desperately needs. Mrs. Maucher voting yes; it is consistent with the Comprehensive Plan change that was just approved. MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Public Hearing and Review for Recommendation to City Council of a Comprehensive Plan Amendment Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00- 01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Ordinance #2021-03. Representatives: Mr. Gregory Moore, Becker Morgan Group; Mr. John Viglianti, representative of property owner. Mr. Adams recused himself from this application due to a conflict of interest. Planning Staff noted that a quorum of Planning Commission members remains (6 members present). Mrs. Melson-Williams stated that this Application deals with two properties that are located to the east of the Dover Mall. This is a request for a change in Land Use Classification from what is currently Commercial High Intensity to a proposed classification of Mixed Use. The two properties were created in 2014 with a Subdivision application. The Mall, since its development in the 1980’s has seen a series of additions to the complex with add-ons of various anchors over time. The DAC Report again provides information from the 2019 Comprehensive Plan for the goals and policies related to Commercial Land Uses as well as Mixed Use. The Planning Staff is in support of this change of Land Use Classification and find it to be generally consistent with the Comprehensive Plan. The Comprehensive Plan notes that malls are something that the dynamics of are changing and she thinks that the land use change to Mixed Use recognizes that. It is certainly an opportunity for master planning those tracts of land and to further consider what potential zoning or otherwise might be appropriate in that area. In this case, this is only a Comprehensive Plan Amendment. There is no associated Rezoning request at the present time. We do note that given the location of these properties, a careful assessment of their access will be required for any future development planning for them, but Staff remains in support of a Mixed Use classification that opens up a variety of zoning classifications for future rezoning of the property. There are no objections from the various groups in our DAC and the PLUS Review of this amendment notes that it is in the Level 1 Investment Area. DelDOT noted particularly that traffic planning and a Traffic Impact Study may likely be required at the time of development of the property. DNREC did note that there are some wetland areas on the property and there has been some previous contamination in the area that has been remediated and they also note the potential noise or air pollution impact given its location in proximity to the Speedway located to the south that should be considered as part of any future development activity for the project site. The Transit Corporation noted that the transit needs are something that need to be considered with any mixed-use opportunity. 22

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mr. Moore stated that Lots 1 & 2 were subdivided from the Mall and they are owned by a separate entity from the Mall. The Mall is owned by Simon Properties and these two parcels were actually attempted to be revitalized into a power center for around the Mall with a very, very large-scale plan. Many dollars were invested in that and a combination of the new world of retail with online retailing and then hit by COVID just exacerbated that issue and has caused significant issues for malls around the Country and the Dover Mall is not different. That is the main reason that they are seeking this Mixed Use category and again that would be for Lots 1 & 2. There is a lot of commercial around us from both Dover International Speedway and the Dover Mall, but we also have quite a bit of residential and that residential land is the adjacent lands next to us and then the Kent County lands across Route 1. Clearly, Mixed Use makes a lot of sense here and our belief is that master planning Lots 1 & 2 with a mixture of residential and commercial would allow not only those lands to become vibrant development land but also will help the Mall by providing direct users to the facilities in the Mall and that is something that is direly needed. He does not need to point out the vacancies that we see there. They are willing to provide a buffer to the Dover International Speedway on the speedway side. They understand and they have met with Mr. McGlynn at the Speedway and have informed him of what we are doing. They are good neighbors and they don’t believe that they will have any issues with any residential on this parcel as they have in many areas around their Speedway. But we can’t underestimate the importance and the size and scale of our Mall; and we believe that mixed use will in fact, help re-energize that as a use. We appreciate the comments made by PLUS and Staff. They also want to point out that this Mixed Use designation is something that we are seeing around the Country around malls. We are seeing malls having to diversify and having residential uses as well as other uses to help them sustain themselves and clearly the Dover Mall owned by Simon Properties is no different. There is a Letter for the record, written by Simon Properties, that strongly supports the location and references some of the comments that he has made in terms of the affects on the Mall and how this would be a positive impact to the Dover Mall. Mrs. Lord questioned if they were thinking of residential as part of the change in the Land Use? She supports that because coming from Virginia, she has seen mall spaces turn into mini cities and residential is part of that as apartments or condos. She was just confirming that this is part of what you are thinking. Responding to Mrs. Lord, Mr. Moore stated yes, they are thinking that residential in a master planned community would be part of this. There would also likely be some commercial there as well that would support that and support the Mall. We would certainly not want to over-develop commercial because there is commercial in the Mall that needs to be utilized so they would work in unison with the Mall owners and the owner of this parcel has a close connection to them. So, it would be a largely residential development mixed. Mrs. Melson-Williams stated that the Mixed Use Land Use Category has a variety of zoning districts that could be applied to it. This is not setting forth the zoning of the property at the present time. You can see that in the Mixed Use there are a number of strictly residential zoning classifications as well as commercial zoning classifications that could be applied for these lots. They are not asking to specifically earmark pieces of it for the residential at the present time. It is just setting up what would be a future opportunity to rezone and then be planning for its redevelopment through other processes. They think that the Mixed Use gives you that range of opportunity that’s there. It is mentioned in the Report, the variety of zoning that could be possible. 23

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Lord stated that she understands. She just wanted to make sure that it was part of it because she has seen that be a success in other places that she has lived in revitalized areas. Mr. Moore stated that what you have seen is exactly what we are looking to do and if we are lucky enough to get approval here tonight, we would be master planning this land use in the back and then after they had those plans developed, they would come back and seek the Rezoning associated with our plans. Mrs. Hartman stated that in the Applicant’s letter, it clearly states that there is going to be a residential component should Mixed Use be granted. He urges the Commissioners to not forget the impact that this could have on Dover Downs and the Raceway. We have seen Raceway impacts locally with Pizzadili. Do we want to set ourselves for another problem with Dover Downs by allowing Mixed Use and recently residential areas on this property? He agrees, the residential would be fine for a lot of malls but a lot of malls aren’t situated next to a raceway. Mrs. Lord asked if Mr. Hartman could elaborate because she is not aware of these unintended circumstances that he speaks of. Responding to Mrs. Lord, Mr. Hartman stated that it is kind of reverse. You have a vineyard down on Peach Basket Road in Felton, DE that has been there for a long time and the adjacent land owner was granted permission to install a dirt race track by the County. He started construction and the adjacent vineyard started having problems. He thinks that the County had to back down and he does not think that there is a raceway there at this point. Here with Dover Downs, you have a situation that brings millions of dollars into the City. We have already lost one race and we have to consider Dover Downs in any Mixed Use that it goes close to. Mrs. Lord stated that she agrees, and she understands but Dover Downs is there and whatever entity comes into the subject property has to understand that Dover Downs is first rather than there being a vineyard and then something coming in. You could have mixed use hotels for people wanting to come into Dover Downs. Also reminding that we have Firefly that is not far from there. She doesn’t know what would be there but leaving it just sort of sitting there doesn’t seem like a good use. It would behoove the City to not be overly cautious because we need to think beyond the scope of what we already know and have ideas and try to execute on that. Responding to Mrs. Lord, Mr. Hartman stated that supposedly that is what the Comprehensive Plan was supposed to do. You only do the Comprehensive Plan update every ten years. The Comprehensive Plan can have this listed as a Mixed Use and he thinks that the Planners are right. Mrs. Lord stated that she guesses that they are in agreement that this use is the best use for this property. Responding to Mrs. Lord, Mr. Hartman stated no, he disagrees. Mrs. Maucher questioned how much of the property is wetlands and how much of the property is actually developable? Responding to Mrs. Maucher, Mr. Moore stated that there is about 83 acres of total property there and they have done a detailed wetlands delineation of the entire parcel, so we know where the wetlands are and plan to avoid the development of them. He does not know the exact number; that would be something that they would doing in a Master Plan and a Site Plan stage but there is plenty of land that allows them the Mixed Use. They have detailed 24

CITY OF DOVER PLANNING COMMISSION February 19, 2021 wetlands evaluations and we have them surveyed. Mrs. Malone stated that ten years ago, nobody knew that something like COVID would happen and Planners had no idea about that. Our Mall is dying, and she is actually embarrassed about it. We have people going out of town shopping other places now that used to always come to Dover, and we were the big city. There have been other subdivisions that have been built close to Dover Downs. The 55+ community was built not far from there and they have had no problems at all. She does agree that whoever develops this property, Dover Downs has to have a buffer because they are there priority to anybody who buys there. Times have changed and this is not anything that anyone would have ever seen coming ten years ago. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the Public Comment Packet that we provided to the Commissioners. One Letter was already in your packet that was distributed earlier and that was a Letter to Connie Holland that is with the Office of State Planning Coordination. That Letter was from Denis McGlynn of Dover International Speedway noting their concerns with potential uses on this adjacent property to them. The other Exhibit Item of Public Comment was the Letter of support from the Dover Mall which is the adjacent property to this, and that letter is also included by reference. Mr. Denis McGlynn – Dover International Speedway 1131 N DuPont Highway Dover, DE 19901 Mr. McGlynn stated that he is the President/CEO of Dover Motorsports Inc and the owner of Dover International Speedway which adjoins the subject parcel. They view the Mall as a great neighbor. He knows Mr. Herb Miller who is the applicant for this particular application, and he considers him a friend and he regrets that they have to be on opposite sides of this. Route 13 is clearly a commercial corridor for very logical reasons. Residential development has been designated to separate areas in order to minimize the conflicts there when the two users are in close proximity of each other. It may be the case in other areas that Mixed Use has worked well but perhaps maybe those were more urban environments. He would have to say that the location that we share with the Dover Mall is far from urban. Furthermore, as explained in his letter of objection since it’s mostly motorsports and has you know, we have the annual Firefly Music Festival. It took 25 years and literally millions of dollars to buy out 25 property owners surrounding our properties who were constantly complaining about the noise, the traffic and other inconveniences that were associated with our operation. Since all of them have been taken care of we have been enjoying a peaceful and positive coexistence here in the community. They feel that permitting a residential component into this property right next to the Speedway is just planting more opponents for them to deal with and ultimately the City will have to deal with them too when they get complaints about the noise. They are definitely opposed to this. They are not opposed to any other form of commercial development there, in fact, if you look at what is going on with a lot of Malls around the Country, a lot of them are being converted into warehouse distributions centers. As Mr. Hartman pointed out, this may also have worked at other malls around the Country but not next to a Speedway that actually creates noise. We have a big bite out of this apple a long time ago. They have been there for 50 years and we are not looking to go back to into that environment again so they are hoping that this application will be denied. 25

CITY OF DOVER PLANNING COMMISSION February 19, 2021 Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend denial (to not recommend approval) to City Council for application MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map as he believes that it should be left as Commercial High Intensity and not designated to Mixed Use. He believes that the Comprehensive Plan is right on this parcel’s current Land Use designation, seconded by Mrs. Welsh and the motion was carried 4-2 with Mr. Roach and Mr. Baldwin absent and Mr. Adams recused. Mr. Hartman voting yes; based on the fact that it would be placing Mixed Use in the middle of a commercial zone. Mrs. Lord voting no; mixed uses in the middle of commercial zones are popping up all over the Country and they are successful and anyone who buys into an apartment or condo next to a mall and a raceway, knows that they are buying next to a mall and a raceway. It is the way of the future. Mrs. Welsh voting yes; for reasons stated in the motion. Dr. Jones voting yes; for the reasons previously stated. Mrs. Malone voting no; she supports the land use change to Mixed Use because of reasons that the previously stated. Mrs. Maucher voting yes; looking at the Map, she recognizes that there is some residential on the other side but that mall acts as a buffer and she thinks that the problems that the Raceway has experienced in trying to resolve those, you are just inviting more problems. She also recognizes that when people buy, they will see what they are buying next to but that is not going to eliminate the issue. NEW BUSINESS - None Meeting adjourned at 10:40 PM. Sincerely, Kristen Mullaney Secretary 26