Historic District Commission Meeting Packet
Historic District Commission. Mar 24, 2022.
This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
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CITY OF DOVER, DELAWARE
HISTORIC DISTRICT COMMISSION MEETING
Thursday, March 24, 2022 at 3:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON AND VIRTUAL MEETING NOTICE
The Historic District Commission, Meeting for March 24, 2022 will be held as an In-Person meeting in
the City Council Chambers of City Hall. The public is welcome to attend in person. The meeting will also
be a Virtual Meeting using the WebEx audio/visual conferencing system as an electronic means of
communication. See the participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Historic District Commission Meeting of March 24, 2022
Dial: 1-408-418-9388
Event number/Access code: 2349 943 5312
Event password: DoverHDC
Event Address: https://bit.ly/HDCMeeting3242022
If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the
meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-
7196.
Written comments are accept via mail to City of Dover - Historic District Commission, P.O. Box 475
Dover DE 19903 and via email at CompPlan@dover.de.us.
WELCOME
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. Adoption of Minutes of January 20, 2022
COMMUNICATIONS & REPORTS
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HISTORIC DISTRICT COMMISSION MEETING - March 24, 2022 PAGE 2
Summary of Activity
2. Summary of Applications 2021 and 2022
3. Summary of Architectural Review Certificates for 2022
Department of Planning & Inspections Updates
NEW APPLICATIONS
4. HI-22-02/Z-22-01 Lands of the State of Delaware at South Governors Avenue and West
Water Street - Public Hearing and Review for Recommendation to City Council of a
Rezoning Application to adjust the boundary of the H (Historic District Zone) to include
a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance
of the lands for the new Kent County Family Courthouse project site. The properties are
zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water
Protection Overlay Zone). The proposed zoning is IO (Institutional and Office Zone),
subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H
(Historic District Zone). The properties are located on the east side of South Governors
Avenue between West Water Street and Bank Lane. The owner of record is the State of
Delaware. Property Addresses: 411 S. Governors Avenue, 429 S. Governors Avenue, 435
S. Governors Avenue, 439 S. Governors Avenue/117 West Water Street, 441 S.
Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-37.00-
000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-
000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley. Ordinance
#2022-02. Council District 4. (Planning References; Z-22-01 and HI-22-02) First
Reading was held by City Council on February 28, 2022 where the Public Hearing dates
were set for Planning Commission on March 21, 2022, Historic District Commission on
March 24, 2022 and City Council on April 11, 2022.
NEW BUSINESS
Review of Permits Referred to Commission
OLD BUSINESS
Certified Local Government (CLG) Program
Implementation of 2019 Comprehensive Plan
ADJOURN
Posted: March 16, 2022
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
.. CITY OF DOVER
HISTORIC DISTRICT COMMISSION
January 20, 2022
The Virtual Meeting of the City of Dover Historic District Commission was held on Thursday,
January 20, 2022, at 3:30 PM virtually using the videoconferencing system WebEx with Chairman
Czerwinski presiding. Members present were Mr. Street, Ms. Horsey, and Mrs. Mason (all
virtually via WebEx). (Note: The fifth Historic District Commission member has not been
appointed following the completion of the term of Mr. McDaniel in 2020).
Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Savage-Purnell, Mrs.
Bulkilvish and Mr. Swierczek.
APPROVAL OF AGENDA
Ms. Horsey moved for approval of the agenda as amended, seconded by Mr. Street and the motion
was unanimously carried 4-0.
ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION
MEETING OF NOVEMBER 18, 2021
Ms. Mason moved for approval of the Meeting Minutes of November 18, 2021, seconded by Ms.
Horsey and the motion was unanimously carried 4-0.
Roll Call Vote
• Ms. Horsey -Yes
• Ms. Mason - Yes
• Mr. Street – Yes
• Mr. Czerwinski - Yes
COMMUNICATIONS & REPORTS
Summary of Applications for 2020 and 2021
Mrs. Melson-Williams stated that last year there were two (2) items. For the 2021 year there were
six applications filed to the Historic District Commission. Most of them were a number of
Permits referred to the Commission for Architectural Review Certification. The most recent being
the Drainage Improvements at People’s Church located at 46 S. Bradford Street. She expects the
Permit to be issued within the next week.
Summary of Architectural Review Certifications for 2021
Mrs. Melson-Williams stated that in the calendar year 2021 there were a total of thirty-five (35)
building related Permit applications in the Historic District. Three (3) of the 35
Applications/Permits involved action by the Historic District Commission. Most of the permits
were roof, interior and signage permits. There were eight (8) signage and seven (7) roofs.
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CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022
Mr. Czerwinski asked if the stairs replacement could be explained for Permit #21-1647 for 101
W. Water Street. Mrs. Melson-Williams replied that the replacement of the stairs deals with air
quality monitoring equipment. She believes it is a roofed mounted location.
Department of Planning & Inspections Update
Mrs. Melson-Williams mentioned that the meetings are now being held virtually only for the
Boards and Commissions. We are allowed to do a Virtual only meeting meaning that there is not
an in-person location under the provisions of the State’s Freedom of Information Act regarding
“open meetings”. That part of Delaware Code allows for 100% virtual meetings to occur when
there is a State of Emergency in place. Governor reinstituted a State of Emergency again on
January 3rd.
The City of Dover is back with a mask requirement for those entering the City Hall building and
for Staff who are moving around through the common areas.
This is also the time of year where the Office is dealing with the renewals of Rental Dwelling
Permits and Public Occupancies. In the Fall, there were some revisions to Public Occupancies.
That part of the Dover Code was investigated by the Fire Marshal’s Office to bring it in line with
a number of the Fire Codes that were already in place to make the definitions work together. In
doing so, there were also some adjustments to the fees for Public Occupancies.
NEW BUSINESS
HI-22-01 Referral of Fence Permit #21-1556 at 502-506 South State Street – Referral by the City
Planner to the Historic District Commission for Review of Architectural Review Certification for
a Fence Permit Application #21-1556 for an 8-foot black aluminum fence along the State Street
and Water Street frontages. The property is zoned RGO (General Residence & Office Zone) and
subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone).
The property is located at the southwest corner of S. State Street and W. Water Street. The owner
of record is RES-State Street Commons, LLC and SSS-State Street Commons, LLC. Address: 502-
506 S. State Street. Tax Parcel: ED-05-077.09-03-70.00-000. Council District 4.
Mrs. Bulkilvish gave a summary of Permit #21-1556. The applicant is requesting an 8-foot
Barcelona fence.
Ms. Mason asked if the 8-foot fence was an excessive height for that area. Are they afraid that
people will jump over the fence? Ms. Bulkilvish replied this is the reason we are present today to
discuss the height of the fence. The Historic District Design Standards and Guidelines allows for
fences to be 4-feet in the Historic District. Staff is under the impression that a 4-foot fence would
help define the area and be enough to deter people from entering. However, the applicant has
requested the 8-foot fence.
Representatives: Ms. Shelby Henderson and Ms. Kelly Vance (joining by phone) and Mr. Dean
Pletz (joining virtually via WebEx). All are RES- Representatives of State Street Commons LLC.
Ms. Henderson who joined (by phone) gave additional statements on the requested 8-foot fence.
We are dealing with the health and safe issues that they have been dealing with at this property
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022
for a couple of years. We are also dealing with vandalism, loitering, and threats and safety to the
public health of the community. The Fence Permit Application does mention a request for an 8-
foot; however, we would like to install a 6-foot fence around the area. Based on our revisions we
would be incompliance for majority of the project because it would be 18 linear feet of fencing
along the second front setback along West Water Street and we would be noncompliant for about
14-feet of the portion of fence along South State Street. We do request that the waiver be
approved as the 4-foot fence is insufficient to deter people from trying to climb over the
proposed fence. We would also be adjusting the design to include the panic hardware on the
proposed gate in compliance with the Fire Marshal’s recommendations.
Mr. Dean Pletz mentioned that Ms. Henderson did a nice job defining the request. The reason
why we think 4-feet is insufficient is because people will throw their stuff over and then climb
over the fence. We think that 6-feet is sufficient and a deterrent that people will stop. We have
had to call the police officers to ask people to leave.
Mr. Street asked Mr. Pletz if he could orient him regarding the visual on the screen. Mr. Pletz
replied where it mentions “Core Drill” State Street runs parallel from left to right side of that
page. Water Street is the public sidewalk. The 4-feet is the alley way between the two (2)
buildings. The topmost building is the address of 502 S. State Street and the right edge is 504 -
514 as the Postal Service addresses. It is just one big building. The rest was not historic, so we
just built around the historic section. We own the entire property. The building at the bottom of
the page is a connection and ends up fronting onto Water Street. The real reason this is an issue
is because 502 S. State Street is currently vacant, and the other building is rented to DNREC.
Although they have parking spaces, and they typically exit to the right side of the building into
the parking area they sometimes exit on the sidewalk and exit onto Water Street. That’s why it is
our intent to have a panic hardware gate there (so that they can exit and proceed to their alternate
designation) and still be able to get in.
Mr. Street asked if ultimately what is being proposed is a 6-foot-high aluminum style wrought
iron type fence connecting the buildings to prevent people from being in the area with one gate.
Mr. Pletz replied exactly because that open area is really the back yard of the historic building.
This is where we were experiencing a lot of issues with people knocking down the boarded-up
doors and loitering (camping in the backyard). There is no place for adequate sanitation and that
creates another issue.
Mr. Street commented that this type of fence is consistent in the Historic District and have
provided it before. He did not have an issue with the fence.
Mr. Pletz mentioned that they tried to match it so that it was similar in appearance. We are happy
to change the tops of the fence or the fence itself so that it is more suitable to the Historic District
if necessary. We just want a good quality fence that will solve our problem.
Ms. Horsey asked how the posts were going to be put into the ground? How is the historic old
red brick (building) was going to be affected? Nothing at all and no water sinking into the
foundation? She is concerned about the old structure; the new ones can go away because they are
new. How close to will the posts be to the building? Mr. Pletz replied what they are intending to
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022
do is core drill a 3-inch diameter boring approximately 12 to 18 inches deep. There will be a total
of 6 posts. At each point where the fence changes direction they will draw a 3-inch hole where
they will install the post and pour in concrete, so it is flush with the concrete sidewalk. The rails
and posts that do not touch the ground will set up the fence (from the 6 major posts). The posts
will be a couple of inches away from the building.
Ms. Horsey asked is there any way to ensure that the foundation will not be affected. Does the
foundation come out from the building at all? Normally it goes straight down. She did not want
to see the building compromised. Mr. Pletz replied that he understood completely. The building
has a basement, so the foundation is about 16-18 feet undergrade. All the area that is at the street
level elevation has been backfilled from many years ago. He is not sure what material was used,
but it does not touch on the foundation. It will not weaken the foundation because it was set 10-
15 feet below. He was not sure of the exact depth of the basement, but it is a basement under the
full building.
Ms. Horsey asked if it was correct that once the post hole is drilled it is not going to touch the
building? Mr. Pletz replied that it will not touch the building and they can ensure it is a distance
away from the building that the Historic District Commission is happy with. Even if it is 6-
inches away it does not permit persons to trespass.
Ms. Horsey mentioned that she totally understands why you would like to put a fence there and
the black metal fence is appropriate and good looking. There is only one other place in the
Historic District where we have exceeded 4-feet on the opposite side of the street between the
Old Courthouse and the Chancery Court building. There is an 8-foot primarily for a gate. If you
take a walk around everywhere else in the Historic District is 4-feet. She would not have a
problem at all with the fence going to 6-feet on Water Street. She is not sure the 6-foot fence is
needed on State Street frontage. She could see it going there without any real objection.
Mr. Czerwinski mentioned that he was concerned about having a fence that was too tall (that it
would look like a penitentiary fence). Tall fences can be quite imposing on a frontage. Six-feet
does not seem quite as bad even though he would prefer to keep with the 4-foot for aesthetics.
When you have a spike top fence, it does a pretty good job of stopping people from jumping over
them. A 4-foot fence is taller than what you think it is. We are not talking about a 3-foot fence,
but a 4-foot fence. If the Board feels that this fence does not attract too much from the look of
the street, he does not personally have any big beef with it.
Mr. Street moved to approve Architectural Review Certification for a Fence Permit application
#21-1556 as amended that the black aluminum picket style fence be no higher than 6-feet. The
motion was seconded by Ms. Mason and unanimously carried 4-0.
Roll Call Vote
Ms. Horsey – Yes
Ms. Mason-Yes
Mr. Street – Yes
Mr. Czerwinski – Yes
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Item 1.
CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022
OLD BUSINESS
Certified Local Government (CLG) Program
Mrs. Melson-Williams mentioned that she did not have anything new to report. We still have
money allocated in this fiscal year Budget that can assist with that potential project.
Implementation of 2019 Comprehensive Plan
Mrs. Melson-Williams mentioned that the most recent citywide activity is the Department of Water
and Wastewater is moving forward with a number of the studies that were identified in that project.
There is a Wastewater Master Plan that will be awarded to a contract (consultant) within the next
month.
Mr. Street moved to adjourn the meeting, seconded by Ms. Horsey, and unanimously carried 4-0.
Roll Call Vote to Adjourn the Meeting
Ms. Horsey – Yes
Ms. Mason-Yes
Mr. Street – Yes
Mr. Czerwinski – Yes
Ms. Mason asked about the process and contact person of adding a committee member to the
Historic District Commission. Mrs. Melson-Williams replied that the mayor appoints a person,
and the City Council confirms. If someone is interested, on the City of Dover website there is an
application form to become a committee member. If someone has any questions regarding
completing the form, they may contact the City’s Clerks Office.
Meeting adjourned at 4:15 PM
Sincerely,
Maretta Savage-Purnell
Secretary
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City of Dover Historic District Commission
Summary of Applications 2021 Item 2.
Updated thru February 28, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-21-01 Referral of Sign 46 S Bradford Street, Sign Permit Permit #21-188 referred to HDC by City Permit Application received 3/2/2021.
Permit #21-188 The Peoples Church Planner on 3/9/2021 for consultation Resubmission of revised Sign Design per
The Peoples on Architectural Review Certification; HDC recommendation received in order to
Church at 46 S 3/18/2021 HDC recommended process Permit subject to conditions.
Bradford St approval of ArchRevCert subject to Permit issued 5/17/2021.
conditions
HI-21-02 Referral of Fence 4 The Green, Mixed Fence Permit Permit #21-147 referred to HDC by City Permit Application received 2/16/2021.
Permit #21-147 at Use Building Planner on 3/9/2021 for consultation Applicant revised fence material choice on
4 The Green on Architectural Review Certification; 3/16/2021 to black metal picket style fence
3/18/2021 HDC recommended and HDC recommended approval. Permit
approval of ArchRevCert for revised review completed per ArchRevCert and
material choice issued 3/25/2021. Fence installed.
HI-21-03 Referral of 129 S Bradford St Demolition Permit - Permit #21-316 referred to HDC by City Permit Application received 4/1/2021 on
Demolition Building Planner on 4/6/2021 for consultation demolition of entire building. Referred to
Permit #21-316 on Architectural Review Certification; HDC for Review on 4/15/2021.Permit
Building at 129 S 4/15/2021 HDC recommended review completed per ArchRevCert and
Bradford St approval to allow for demolition. issued 5/6/2021. Demolition underway.
HI-21-04 Lands of King of 30 The Green (and Site Plan for Parking Review for Architectural Review Site Plan filed for review by Historic District
Clubs, LLC: 123 Bank Lane) Lot Improvements Certification of Site Plan; Public Commission. Administrative Site Plan
Parking Lot Hearing and Review scheduled for HDC review is underway. Improvements are
Improvements on 7/15/2021 associated with future Kent County Family
Court Project.
HI-21-05 Referral of 401 S. Governors Demolition Permit - Permit #21-1036 referred to HDC by Permit Application received 8/6/2021 for
Demolition Avenue Building City Planner on 8/11/2021 for demolition of entire building and site. HDC
Permit #21-1036 consultation on Architectural Review reviewed on 8/19/2021 and granted
Building at 401 S. Certification; scheduled for 8/19/2021 approval of the Architectural Review
Governors Ave HDC Meeting Certification.
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City of Dover Historic District Commission
Summary of Applications 2021 Item 2.
Updated thru February 28, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-21-06 Referral of 46 S Bradford Street, Administrative Permit #21-1501 referred to HDC by Permit Application received 11/8/2021.
Building Permit The Peoples Church Building Permit City Planner on 11/9/2021 for Reviewed by HDC on 11/18/2021 and
#21-1501 consultation on Architectural Review granted Architectural Review Certification
Drainage Certification; scheduled for per Staff Recommendations. Permit issued
Improvement at 11/18/2021 HDC Meeting 2/9/2022.
the Peoples
Church at 46 S
Bradford St
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City of Dover Historic District Commission
Summary of Applications 2022 Item 2.
Updated thru February 28, 2022
FILE# PLAN NAME LOCATION TYPE ACTION STATUS
HI-22-01 Referral of Fence 502 -506 S. State Fence Permit Permit #21-1556 referred to HDC by Permit Application received 11/18/2021
Permit #21-1556 Street and 100 W. City Planner for consultation on and Referred to the HDC for consultation.
at 506 S. State Water Street Architectural Review Certification; Permit approved for issuance per HDC
Street 1/20/2022 HDC recommended action of 1/20/2022. Permit issued
approval of ArchRevCert to allow 1/24/2022 and fence construction
revised height of 6-feet for black metal underway.
fence.
HI-22-02 Lands of the State 411 S Governors Rezoning to H Scheduled for Public Hearing and Request to expand boundary of the Historic
of Delaware at S. Avenue, 429 S (Historic District Review by HDC on 3/24/2022 District. Rezoning Application HI-22-02/Z-22-
Governors Governors Avenue, Zone) 01 is scheduled for Public Hearing and
Avenue and W. 435 S Governors Review by Planning Commission on
Water Street: Avenue, 439 S 3/21/2022; Public Hearing and Review by
Rezoning to H Governors Historic District Commission; and scheduled
Avenue/117 W for Public Hearing and Final Action by City
Water Street, 441 S Council on 4/11/2022.
Governors Avenue,
447 S Governors
Avenue
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Summary of Permit Applications with Architectural Review Certification
Item 3.
2022 - Updated Thru 2-28-2022
DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES
REVIEW CERTIFICATE
1/24/2022 21-1556 506 S State St, Office Fence Permit Referral of Permit to HDC for Installation of new black metal
Buildings Consultation 1/20/2022. Revised fence revised to be 6-feet in height.
project granted ArchRevCert. HI-22-01
1/13/2022 22-74 147 S New Street, Tastee's Administrative Building Permit Building Inspector Approval only. No Replacement Permit for Permit #19-
Chicken & Seafood ArchRevCert required for interior 1579 related to tenant fit-out for
Restaurant work. restauarnt use.
2/9/2022 21-1501 46 S Broadford Street, The Administrative Building Permit Referral of Permit to HDC for Drainage Improvements including
People's Church Consultation 11/18/2021. Project stormwater management facility in
granted ArchRevCert. side yard. HI-21-06
2/8/2022 22-96 201 W Loockerman Street, Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for tenant fit-
Dove's Restaurant Renovations required for interior work. out of kitchen, etc. for restaurant
and second floor office.
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Item 4.
PETITION TO AMEND ZONING DISTRICT
Review before the Planning Commission
March 21, 2022
Review before the Historic District Commission
March 24, 2022
ADDENDUM for Historic District Consideration
Application: Lands of the State of Delaware at South Governors Avenue and West Water
Street: Rezoning to H Zone
Owner: State of Delaware
Location: East side of South Governors Avenue between Bank Lane and W. Water
Street
Addresses & 411 S. Governors Avenue ED-05-077.09-03-37.00-000
Tax Parcels: 429 S. Governors Avenue ED-05-077.09-03-48.00-000
435 S. Governors Avenue ED-05-077.09-03-50.00-000
439 S. Governors Avenue/117 West Water Street ED-05-077.09-03-51.00-000
441 S. Governors Avenue ED-05-077.09-03-52.00-000
447 S. Governors Avenue ED-05-077.09-03-61.00-000
and an alley
Size: 1.74 +/- acres
Present Uses: Vacant lots, Vacant Residential and Commercial Buildings (proposed for
demolition), and a Parking Lot
Proposed Use: Future site of Family Court (Courthouse)
2019 Comprehensive Plan Designation –Land Use Category: Mixed Use
Present Zoning: IO (Institutional and Office Zone
SWPOZ (Source Water Protection Overlay Zone)
Proposed Zoning: IO (Institutional and Office Zone
SWPOZ (Source Water Protection Overlay Zone)
H (Historic District Zone)
Reason for Request: A Rezoning Application to adjust the boundary of the H (Historic District
Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/-
acres and an alley as the balance of the lands for the new Kent County
Family Courthouse project site.
File Numbers: Z-22-01 and HI-22-02
Ordinance Number: 2022-02
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 2
This Rezoning Application (Z-22-01 and HI-22-02) has been referred to the Historic District
Commission as per Zoning Ordinance, Article 3 §21.4 and Article 10 §3.3 and to referred to the
Planning Commission as per Zoning Ordinance, Article 10 §5. Each Commission is required to
provide a Review Report to City Council.
This Report provides additional information related to the historic resources in the area. It serves
as an Addendum to the DAC Review Report of March 9, 2022.
I. APPLICATION SUMMARY
The Rezoning Application proposes to adjust the boundary of the H (Historic District Zone) to
include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance
of the lands for the new Kent County Family Courthouse project site. The properties are zoned IO
(Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay
Zone). The proposed zoning is IO (Institutional and Office Zone), subject to the SWPOZ (Source
Water Protection Overlay Zone), and subject to the H (Historic District Zone). The properties are
located on the east side of South Governors Avenue between West Water Street and Bank Lane.
The owner of record is the State of Delaware. Property Addresses: 411 S. Governors Avenue, 429
S. Governors Avenue, 435 S. Governors Avenue, 439 S. Governors Avenue/117 West Water
Street, 441 S. Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-
37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-
000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley.
Existing Properties:
The subject properties (six parcels) have frontage along South Governors Avenue on the east side of
the block between West Water Street and Bank Lane. Several of the properties also have frontage on
West Water Street. There is also an alley running north from West Water Street a distance of
approximately 288 feet. This subject area is the remaining southwestern portion of the block
bounded by South Governors Avenue, Bank Lane, The Green, South State Street, and West Water
Street. There are three (3) buildings (two residential and one office building) and an accessory
structure within the subject area that are proposed for demolition. These Demolition Permits were
filed February 7, 2022 and are under review. The six parcels and alley are proposed for future lot
consolidation with other land holdings of the State of Delaware to create the project site for the
proposed Kent County Family Courthouse.
Surrounding Land Uses
The subject area lies within the urban street grid of Downtown Dover to the southwest of the
historic Green. To its west across South Governors Avenue is a series of residential and
commercial buildings zoned C-2A (Limited Central Commercial Zone); this area is not located
within the H (Historic District Zone). Adjoining the area to the north in this block consists of
several parking lot areas serving properties at 30 and 34 The Green along with a small one story
commercial building at 401 S. Governors Avenue that is approved for demolition (under
Demolition Permit #21-1036 and HI-21-05). This area is zoned IO (Institutional and Office Zone)
and subject to the H (Historic District Zone). To the east of the subject area, are a series of
properties fronting on The Green and others fronting on South State Street where the zoning is
RGO (General Residence and Office Zone) and subject to the H (Historic District Zone). The
buildings in that area include several residences and previous residential buildings now converted
to office use. Directly adjacent is the Water Street parking lot which serves as public parking for
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 3
the Kent County Courthouse (located one block to the east at 414 Federal Street/38 The Green)
and other nearby State buildings. To the south across West Water Street, the block includes a
commercial retail building zoned C-2 and a series of office buildings zoned either IO (Institutional
and Office Zone) or RGO (General Residential and Office Zone). Only the property at the corner
of West Water Street and South State Street is within the H (Historic District Zone) along this
street frontage.
II. HISTORIC PROPERTY INFORMATION
National Register of Historic Places – Dover Green Historic District
The subject area is located within the boundaries of a National Register Historic District,
specifically the Dover Green Historic District. The National Register of Historic Places
nomination for the Dover Green Historic District was completed 1973-76 and amended in 1979
and 1984. This federal designation focuses on the area immediately around The Green and extends
for several blocks to its south. The nomination recognizes “the significance of the evolution of
Dover during the eighteenth and early nineteenth centuries.”
The following are resources listed in the inventory for the National Register nomination that were
located on properties in the subject area. C is for contributing and NC is non-contributing
resources. A more detailed architectural description is given in the nomination.
K-394.63 411 S. Governors Avenue Dover Laundry & Dry Cleaners NC
K-394.62 427 S. Governors Avenue Dwelling – 19 century (demolished)
th
C
K-394.61 429 S. Governors Avenue Dwelling - 19th century (demolished) C
K-394.60 435 S. Governors Avenue Dwelling – 19 century
th
C
K-394.59 439 S. Governors Avenue Dwelling/Office – 19th century (demolished) C
K-394.58 441 S. Governors Avenue Dwelling – c. 1900 NC
K-394.57 447 S. Governors Avenue Dwelling – 20 century
th
NC
K-394.54 115 W. Water Street Dwelling – mid-19th century C
K-394.55 117-119 W. Water Street Dwelling – 19 century
th
C
K-394.56 121 W. Water Street Dwelling – 19th century C
It is noted that only three buildings remain today in the subject area on the properties addressed as
429, 435, and 447 S. Governors Avenue. The building at 429 S. Governors appears to be of
twentieth century construction or remodeling having served as office space. The building at 435 S.
Governors Avenue may be the oldest surviving building dating to a nineteenth century initial
construction with later additions. The building at 447 S. Governors Avenue is a dwelling of
twentieth century construction.
Review of Historic Maps
A series of historic maps were reviewed by Planning Staff for preliminary information on this east
side of South Governors Avenue between Bank Lane and West Water Street. The 1859 A.D.
Byles Map of Kent County (Dover insert) shows the beginnings of development in this area with
several buildings along each street frontage as an edge of the urbanized for Dover at the time.
Development continues as more buildings fronting S. Governors Avenue (then known as High
Street) and several buildings fronting on Water Street are shown on the 1868 Beers Map published
by Pomeroy & Beers. The 1885 Bird’s Eye View of Dover appears to indicate that the structures
are a collection of two story buildings with rear additions (residential in appearance) and other
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 4
detached accessory structures. The 1887 Map of the Town of Dover by W.R. Roe continues to
show a series of buildings fronting Governors Avenue and Water Street. Also, shown on this map
is the alley leading north from Water Street which serves other properties which front on State
Street. The ownership names listed on these maps seem to indicate that a lot the properties were
held by owners with multiple properties in the general area.
The series of Sanborn Fire Insurance Maps would also be a reference source for information on the
buildings which occupied the subject area over time. For Dover, the Sanborn Maps date from
1897-1944. The 1919 and 1929 Sanborn Maps show about a dozen of dwelling and duplex
dwellings lining the street frontage at this corner of the block.
Other Studies and Applications
The parcel now addressed as 117 W. Water Street (now a parking lot to the west of the alley) was
the location of a series of three dwellings (detached dwelling and duplex units) which were
demolished (by controlled burn) in 1999. See Photo 24 in the Design Standards and Guidelines.
This series of houses on West Water Street was documented by the University of Delaware’s
Center for Historic Architecture and Design as part of the Threatened Buildings Survey program.
A portion of the subject area (parcel at 439 S. Governors Avenue/117 West Water Street) was
redeveloped as a parking lot with the adjacent property at 101 West Water Street. The project was
previously reviewed for Architectural Review Certification as Application HI-10-11 Kent County
Courthouse Parking Lot Addition and Conditional Use/Site Development Plan S-11-03.
III. ZONING REVIEW
This Addendum Report focuses on the H (Historic District Zone). The subject area is zoned IO
(Institutional and Office Zone) and located within the SWPOZ (Source Water Protection Overlay
Zone – Tier 3: Excellent Recharge Area). See the DAC Review Report for information on these
zones and the compliance with the 2019 Comprehensive Plan.
H (Historic District Zone)
The H (Historic District Zone) is described in Zoning Ordinance, Article 3 Section 21 with the
following purpose statement:
Article 3, Section 21. - Historic district (H).
21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that
unique character and value of the old portion of Dover as an area of special charm and interest. It
is particularly intended that the regulations prevent, in the historic district, any change of
conditions that would be deemed to be a disfigurement or degradation of the present unique
visual and architectural qualities of the district.
The process to amend the boundaries of the historic district is referenced in Zoning Ordinance,
Article 3 Section 21.4 and requires a report from the Historic District Commission to City Council.
In addition, Zoning Ordinance, Article 10 Section 3.3 outlines more detailed review criteria for
such amendment.
Article 10, Section 3.3 Historic district amendments.
3.31 Historic district commission review required. Any motion or petition to amend, supplement,
or repeal a historic district by the city council in accordance with section 5, Amendments, shall
require a report by the historic district commission as set forth in article 3, subsection 21.4.
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 5
3.32 Review criteria for placing individual structures in a historic district. The historic district
commission may recommend that an individual structure or property be placed in an existing
contiguous historic district or be placed in a historic district specifically created for the property or
structure upon considering the following criteria and factors:
(A) Significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of
the nation, state or community;
(B) Association with an important person or event in national, state, or local history.
(C) Representative of the distinguishing characteristics of an architectural type inherently
valuable for the study of a period, style, craftsmanship, method of construction or use of
indigenous material;
(D) Notable work of a master builder, designer, architect, or artist whose individual genius has
influenced an era;
(E) The desire of the owner to have the property designated;
(F) Increased potential of economic or community development.
3.33 Review criteria for amendments or creation of new historic districts. The historic district
commission may recommend amendments to an existing historic district, recommend repeal of
an existing historic district or recommend the creation of a new historic district upon considering
the following criteria:
(A) Any criteria listed in subsection 3.32.
(B) Distinctive character or homogeneity of architectural design or dates of construction
throughout the area.
(C) Identifiable by clear and distinctive boundaries.
(D) Repetition of distinguishing architectural or land use characteristics throughout the area.
Also, since the request for rezoning is considered a “zoning map amendment,” the provisions of
Zoning Ordinance, Article 10 Section 5 – Amendment also apply thus requiring a recommendation
(Report) of the Planning Commission.
Review of DESIGN STANDARDS AND GUIDELINES
The subject area is part of the area described as The Green Historic Context in the Design
Standards & Guidelines for the City of Dover Historic District Zone; see Figure 3 and pages 2-3
through 2-5.
Should the subject area be so designated, location within the H (Historic District Zone) requires
proposals for demolition, new construction, additions, and certain renovation or rehabilitation
activities to receive an Architectural Review Certificate. As stated in the Design Standards and
Guidelines for the City of Dover Historic District Zone, an Architectural Review Certificate will
be granted “if it is found that the architectural style, general design, height, bulk and setbacks,
arrangement location and materials affecting the exterior appearance are generally in harmony
with neighboring structures and complementary to the traditional architectural standards of the
historic district.” Zoning Ordinance, Article 10 §3.2 outlines the review process for Architectural
Review Certification and related building height, bulk, and setback standards.
16
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 6
IV. RECOMMENDATION OF THE PLANNING STAFF (As also provided in DAC
Review Report of 3-9-2021.)
This Request is to amend the boundaries of the existing H (Historic District Zone) to include this
series of six parcels and the adjacent alley area at the northeast corner South Governors Avenue
and West Water Street. The properties will remain in the IO (Institutional and Office Zone) zone
and subject to the SWPOZ (Source Water Protection Overlay Zone).
The H (Historic District Zone) looks to preserve and enhance the historic core of Dover and
includes regulatory provisions to retain the area’s character and architectural qualities. The IO
zone is a zoning district offering a mix of uses focused on the public, institutional and office
related realms. In the IO zone, the permitted uses include business, professional and governmental
offices and also banks and laboratories. Also permitted are a variety of public and institutional uses
serving the public in the medical, governmental, and educational fields and places of public
assembly related to civic, social, and religious functions. The other group of uses in IO focuses
specifically on the care of people ranging from child day care and adult day care facilities to
facilities/shelters for temporary housing and social services of other populations. The SWPOZ has
provisions to protect underground water resources.
Staff recommends that the Rezoning be granted to H (Historic District Zone) as requested, as the
proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the goals for
Historic Preservation allowing designation of historic districts to maintain community character.
In addition, the Comprehensive Plan’s goals for the Mixed Use Land Use Classification in Dover’s
historic core focus on recognition of its historic development patterns and the opportunities for
redevelopment and revitalization with a variety of residential, commercial, office, cultural and
institutional uses typically found in Downtown areas.
In reviewing the criteria for designation in the H (Historic District Zone), this request was filed by
the property owner to seek designation and the location has development potential as the identified
project site for a new courthouse facility that will bring associated economic activities to the area
and improvements as a community facility. The expansion of the H (Historic District Zone) to
include the subject area (of six parcels and alley) will create a clearer, more distinctive boundary to
the Historic District. With such zoning map amendment, the entire block would be in the Historic
District with the streets of South Governors Avenue and West Water Street serving as the
boundary rather than a meandering boundary line through the middle of the block. Given the
subject area’s proximity to The Green, the Historic District designation offers increased protection
to those historic resources on The Green and along South State Street and can regulate any new
development in the area to be more compatible and complementary to existing historic buildings.
It is noted that the S. Governors Avenue corridor is one of the main north-south roadways though
the core of Downtown Dover where commercial and institutional type activities could be expected
to serve the community. It is also in close proximity of the Capital Complex where courthouses
and State office buildings are located within the H (Historic District Zone). The Design Standards
and Guidelines of the Historic District Zone offer a design review process to balance the
compatibility of new construction with surviving historic structures. The streetscape presence of
any proposed building will be important as the area includes a range of transportation modes and
opportunities (vehicle, transit, pedestrian, and bicycle). To support large scale development, there
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Item 4.
HI-22-02 Lands of State of Delaware at South Governors Avenue and West Water Street: Rezoning to H zone
Addendum for Historic District Consideration
Page 7
is existing infrastructure for water, sanitary sewer, and electric services and the police, fire, and
emergency medical services service the area.
Planning Staff notes that this area of Downtown Dover was part of a 2011 charette study
documented in the Dover Transit Center Neighborhood Plan and Design Book. The Study had a
goal of providing a design and planning strategy to guide development of the neighborhood area
surrounding the transit center (located two blocks to west of this subject area). The Study
identified the corner of S. Governors Avenue and West Water Street as an opportunity for a
gateway element such as a pocket park, streetscape improvements to enhance the pedestrian
experience, and an infill/redevelopment project.
This Rezoning Request for H (Historic District Zone) designation does not grant approval of a
specific use for the property but makes its development subject to Architectural Review
Certification for the entire project site. (Currently, only portions of the project site are within the
Historic District Zone). The land uses of the properties remain subject to the listing of uses
permitted and potential conditional uses as allowed in the IO zoning district. Any potential
development for the site would have to comply with the zoning classifications and follow all
development design requirements of the Zoning Ordinance. Were the Application for Rezoning to
be recommended by the Planning Commission and the Historic District Commission and
subsequently approved by the City Council, the applicant would still have to submit Site
Development Plans and/or Permits for review for any new use of the site or the buildings to be
established.
This recommendation is being made without that benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and those comments given
consideration.
V. RECOMMENDATION ACTION ON REZONING REQUEST
Historic District Commission Action Required
The Historic District Commission shall consider the rezoning request and provide a
recommendation to City Council in regard to the adjustment of the boundary of the H (Historic
District Zone) to include the subject area of six parcels and an alley at the corner of South
Governors Avenue and West Water Street. The recommendation should reflect consideration of
the criteria for Historic District amendments found in Zoning Ordinance, Article 10 Section 3.3
and the Design Standards and Guidelines for the City of Dover Historic District Zone.
Attachments:
• DAC (Development Advisory Committee) Review Report and Comments of March 9.
2022
• Exhibit Plan Map of Rezoning Area
• Application Submission Letter
• Plan of Subject Area
18
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Item 4.
PETITION TO AMEND ZONING DISTRICT
Review before the Planning Commission
March 21, 2022
Review before the Historic District Commission
March 24, 2022
Application: Lands of the State of Delaware at South Governors Avenue and West Water
Street: Rezoning to H Zone
Owner: State of Delaware
Location: East side of South Governors Avenue between Bank Lane and W. Water
Street
Addresses & 411 S. Governors Avenue ED-05-077.09-03-37.00-000
Tax Parcels: 429 S. Governors Avenue ED-05-077.09-03-48.00-000
435 S. Governors Avenue ED-05-077.09-03-50.00-000
439 S. Governors Avenue/117 West Water Street ED-05-077.09-03-51.00-000
441 S. Governors Avenue ED-05-077.09-03-52.00-000
447 S. Governors Avenue ED-05-077.09-03-61.00-000
and an alley
Size: 1.74 +/- acres
Present Uses: Vacant lots, Vacant Residential and Commercial Buildings (proposed for
demolition), and a Parking Lot
Proposed Use: Future site of Family Court (Courthouse)
2019 Comprehensive Plan Designation –Land Use Category: Mixed Use
Present Zoning: IO (Institutional and Office Zone
SWPOZ (Source Water Protection Overlay Zone)
Proposed Zoning: IO (Institutional and Office Zone
SWPOZ (Source Water Protection Overlay Zone)
H (Historic District Zone)
Reason for Request: A Rezoning Application to adjust the boundary of the H (Historic District
Zone) to include a series of six (6) parcels consisting of a total of 1.74 +/-
acres and an alley as the balance of the lands for the new Kent County
Family Courthouse project site.
File Numbers: Z-22-01 and HI-22-02
Ordinance Number: 2022-02
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 2
This Rezoning Application has been referred to the Historic District Commission as per Zoning
Ordinance, Article 3 §21.4 and Article 10 §3.3 and to referred to the Planning Commission as per
Zoning Ordinance, Article 10 §5. Each Commission is required to provide a Review Report to City
Council.
I. APPLICATION SUMMARY
The Rezoning Application proposes to adjust the boundary of the H (Historic District Zone) to
include a series of six (6) parcels consisting of a total of 1.74 +/- acres and an alley as the balance
of the lands for the new Kent County Family Courthouse project site. The properties are zoned IO
(Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay
Zone). The proposed zoning is IO (Institutional and Office Zone), subject to the SWPOZ (Source
Water Protection Overlay Zone), and subject to the H (Historic District Zone). The properties are
located on the east side of South Governors Avenue between West Water Street and Bank Lane.
The owner of record is the State of Delaware. Property Addresses: 411 S. Governors Avenue, 429
S. Governors Avenue, 435 S. Governors Avenue, 439 S. Governors Avenue/117 West Water
Street, 441 S. Governors Avenue, and 447 S. Governors Avenue. Tax Parcels: ED-05-077.09-03-
37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-03-50.00-000, ED-05-077.09-03-51.00-
000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley.
Existing Properties:
The subject properties (six parcels) have frontage along South Governors Avenue on the east side of
the block between West Water Street and Bank Lane. Several of the properties also have frontage on
West Water Street. There is also an alley running north from West Water Street a distance of
approximately 288 feet. This subject area is the remaining southwestern portion of the block
bounded by South Governors Avenue, Bank Lane, The Green, South State Street, and West Water
Street. There are three (3) buildings (two residential and one office building) and an accessory
structure within the subject area that are proposed for demolition. These Demolition Permits were
filed February 7, 2022 and are under review. The six parcels and alley are proposed for future lot
consolidation with other land holdings of the State of Delaware to create the project site for the
proposed Kent County Family Courthouse.
The subject area is located within the boundaries of a National Register Historic District,
specifically the Dover Green Historic District. The National Register of Historic Places
nomination for the Dover Green Historic District was completed 1973-76 and amended in 1979
and 1984. This federal designation focuses on the area immediately around The Green and extends
for several blocks to its south. The nomination recognizes “the significance of the evolution of
Dover during the eighteenth and early nineteenth centuries.”
Surrounding Land Uses
The subject area lies within the urban street grid of Downtown Dover to the southwest of the
historic Green. To its west across South Governors Avenue is a series of residential and
commercial buildings zoned C-2A (Limited Central Commercial Zone); this area is not located
within the H (Historic District Zone). Adjoining the area to the north in this block consists of
several parking lot areas serving properties at 30 and 34 The Green along with a small one story
commercial building at 401 S. Governors Avenue that is approved for demolition (under
Demolition Permit #21-1036 and HI-21-05). This area is zoned IO (Institutional and Office Zone)
and subject to the H (Historic District Zone). To the east of the subject area, are a series of
20
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 3
properties fronting on The Green and others fronting on South State Street where the zoning is
RGO (General Residence and Office Zone) and subject to the H (Historic District Zone). The
buildings in that area include several residences and previous residential buildings now converted
to office use. Directly adjacent is the Water Street parking lot which serves as public parking for
the Kent County Courthouse (located one block to the east at 414 Federal Street/38 The Green)
and other nearby State buildings. To the south across West Water Street, the block includes a
commercial retail building zoned C-2 and a series of office buildings zoned either IO (Institutional
and Office Zone) or RGO (General Residential and Office Zone). Only the property at the corner
of West Water Street and South State Street is within the H (Historic District Zone) along this
street frontage.
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, Chapter 6 – Historic Preservation discusses the balancing of
reservation efforts, historic resources, and development activity. The focus is on the character of
an area in terms of architectural style, building form and placement, presentation of the streetscape
and landscape features. See Chapter 6 and Maps 6-1A and 6-1B. The Plan presents goals fand
recommendations or Historic Preservation; see excerpt below:
Goal 1: Preserve and Protect Historic Resources
Preserve and provide better protection for historic resources and landscapes including
individual properties and historic districts to maintain community character, quality of life,
and their continued use.
Recommendation 1: Identification and Designation of the Dover Historic District
Zone
• Identify and study properties and areas for potential future local Historic District
designation either as individual structures or as Historic District areas.
• Evaluate properties of interest and concentrated areas of historic resources for local
Historic District designation.
• Evaluate for local Historic District designation those areas currently listed in and/or
eligible for the National Register of Historic Places.
• Evaluate proposed annexation areas for historic resources to address needs for
preservation and protection.
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of
Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7.
The goals for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts
presented below:
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of
urban centers. These centers should be established along major roadways and feature
21
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 4
mixed use development, pedestrian-friendly public environments, and opportunities for
connection to future transit.
3. In order to encourage non-automobile access to the center, the activities should be
clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw
upon residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces
and pedestrian-friendly village areas that encourage walking and bicycle use. This may
include on-street and behind building parking, and the creation of build-to lines for new
development.
5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle,
and transit networks to parks and natural areas.
6. Encourage the Mixed Use of residential and commercial uses in the Downtown area.
The following is an excerpt from the 2019 Comprehensive Plan regarding the Mixed Use Area in
Downtown Dover (page 12-8):
Recommendation for Downtown Dover – Historic Core and Center City: Mixed Use Area:
Downtown Dover is the City’s primary Mixed Use area. The historic City center clustered around
The Green dates back as early as the 1700s. It expands to also include the traditional City pattern
of grid streets which developed during the 19th and early 20th centuries. As a result of its earlier
development, Downtown Dover, like many other historic cities, includes a variety of intermingled
land uses. The Downtown area, which includes the traditional Loockerman Street business district,
is broadly bounded by Wesley College on the north, the railroad tracks on the west, Bayhealth-Kent
General Hospital on the south, and Street Jones River on the east. It includes a street level mix of
residential, commercial, office, cultural, and institutional uses.
Downtown Dover is the traditional and symbolic center of the community and is vitally important
to the overall image and identity of the City. As the State’s office complex and other businesses and
services make Downtown the largest area of employment in the City, Downtown Dover is vital to
the economy. It is important to preserve the area as a safe, convenient, and aesthetically pleasing
business environment. Downtown provides a unique and affordable commercial environment where
locally owned businesses reflect the small-town nature of the community.
Downtown also provides a residential environment with a wide variety of housing types near
commercial, cultural, education, and employment resources. The age of the buildings and
infrastructure in the Downtown area requires special attention and incentives to assist in continual
use and revitalization activities. Downtown lacks the vibrancy of years gone by and its
revitalization will hinge on mixed land uses and developing a commercial niche. Removal of
blighted conditions, rehabilitation and redevelopment of traditional residential areas, and
reestablishment of neighborhood identity will be important components of the City’s strategies and
initiatives.
The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major
employment, residential and commercial center as well as the symbolic and cultural heart of the
community. Efforts should strive to recognize its unique heritage and historic resources and to
provide for mixed use development allowing greatest variation of uses, Activities to reestablish the
economic and social vitality of Downtown neighborhoods are encouraged.
22
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 5
The subject area is already zoned IO (Institutional and Office Zone) and is consistent with the
Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies the zones that are compatible with the Mixed Use Land Use
Category by identifying a number of zoning districts that allow for a mix of commercial,
institutional, and residential uses.
III. ZONING REVIEW
IO (Institutional and Office Zone)
The subject property is already zoned IO (Institutional and Office Zone); this zoning designation
will remain in place. The description of the IO (Institutional and Office Zone) zoning district is
provided in Article 3 §10 of the Zoning Ordinance. The provisions identify the allowable
(permitted) uses and the related bulk standards for the IO zone.
SWPOZ (Source Water Protection Overlay Zone)
The property is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3
Section 29.7 of the Zoning Ordinance. However, this project site is within the downtown
redevelopment target area which is exempted from the SWPOZ requirements and restrictions as per
Zoning Ordinance, Article 3 §29.79.
H (Historic District Zone)
The H (Historic District Zone) is described in Zoning Ordinance, Article 3 Section 21 with the
following purpose statement:
Article 3, Section 21. - Historic district (H).
21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that
unique character and value of the old portion of Dover as an area of special charm and interest. It
is particularly intended that the regulations prevent, in the historic district, any change of
conditions that would be deemed to be a disfigurement or degradation of the present unique
visual and architectural qualities of the district.
The process to amend the boundaries of the historic district is referenced in Zoning Ordinance,
Article 3 Section 21.4 and requires a report from the Historic District Commission to City Council.
In addition, Zoning Ordinance, Article 10 Section 3.3 outlines more detailed review criteria for
such amendment.
Article 10, Section 3.3 Historic district amendments.
3.31 Historic district commission review required. Any motion or petition to amend, supplement,
or repeal a historic district by the city council in accordance with section 5, Amendments, shall
require a report by the historic district commission as set forth in article 3, subsection 21.4.
3.32 Review criteria for placing individual structures in a historic district. The historic district
commission may recommend that an individual structure or property be placed in an existing
contiguous historic district or be placed in a historic district specifically created for the property or
structure upon considering the following criteria and factors:
(A) Significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of
the nation, state or community;
(B) Association with an important person or event in national, state, or local history.
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 6
(C) Representative of the distinguishing characteristics of an architectural type inherently
valuable for the study of a period, style, craftsmanship, method of construction or use of
indigenous material;
(D) Notable work of a master builder, designer, architect, or artist whose individual genius has
influenced an era;
(E) The desire of the owner to have the property designated;
(F) Increased potential of economic or community development.
3.33 Review criteria for amendments or creation of new historic districts. The historic district
commission may recommend amendments to an existing historic district, recommend repeal of
an existing historic district or recommend the creation of a new historic district upon considering
the following criteria:
(A) Any criteria listed in subsection 3.32.
(B) Distinctive character or homogeneity of architectural design or dates of construction
throughout the area.
(C) Identifiable by clear and distinctive boundaries.
(D) Repetition of distinguishing architectural or land use characteristics throughout the area.
Also, since the request for rezoning is considered a “zoning map amendment,” the provisions of
Zoning Ordinance, Article 10 Section 5 – Amendment also apply thus requiring a recommendation
(Report) of the Planning Commission.
Review of DESIGN STANDARDS AND GUIDELINES
Should the subject area be so designated, location within the H (Historic District Zone) requires
proposals for demolition, new construction, additions, and certain renovation or rehabilitation
activities to receive an Architectural Review Certificate. As stated in the Design Standards and
Guidelines for the City of Dover Historic District Zone, an Architectural Review Certificate will
be granted “if it is found that the architectural style, general design, height, bulk and setbacks,
arrangement location and materials affecting the exterior appearance are generally in harmony
with neighboring structures and complementary to the traditional architectural standards of the
historic district.” Zoning Ordinance, Article 10 §3.2 outlines the review process for Architectural
Review Certification and related building height, bulk, and setback standards.
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to amend the boundaries of the existing H (Historic District Zone) to include this
series of six parcels and the adjacent alley area at the northeast corner South Governors Avenue
and West Water Street. The properties will remain in the IO (Institutional and Office Zone) zone
and subject to the SWPOZ (Source Water Protection Overlay Zone).
The H (Historic District Zone) looks to preserve and enhance the historic core of Dover and
includes regulatory provisions to retain the area’s character and architectural qualities. The IO
zone is a zoning district offering a mix of uses focused on the public, institutional and office
related realms. In the IO zone, the permitted uses include business, professional and governmental
offices and also banks and laboratories. Also permitted are a variety of public and institutional uses
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Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 7
serving the public in the medical, governmental, and educational fields and places of public
assembly related to civic, social, and religious functions. The other group of uses in IO focuses
specifically on the care of people ranging from child day care and adult day care facilities to
facilities/shelters for temporary housing and social services of other populations. The SWPOZ has
provisions to protect underground water resources.
Staff recommends that the Rezoning be granted to H (Historic District Zone) as requested, as the
proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the goals for
Historic Preservation allowing designation of historic districts to maintain community character.
In addition, the Comprehensive Plan’s goals for the Mixed Use Land Use Classification in Dover’s
historic core focus on recognition of its historic development patterns and the opportunities for
redevelopment and revitalization with a variety of residential, commercial, office, cultural and
institutional uses typically found in Downtown areas.
In reviewing the criteria for designation in the H (Historic District Zone), this request was filed by
the property owner to seek designation and the location has development potential as the identified
project site for a new courthouse facility that will bring associated economic activities to the area
and improvements as a community facility. The expansion of the H (Historic District Zone) to
include the subject area (of six parcels and alley) will create a clearer, more distinctive boundary to
the Historic District. With such zoning map amendment, the entire block would be in the Historic
District with the streets of South Governors Avenue and West Water Street serving as the
boundary rather than a meandering boundary line through the middle of the block. Given the
subject area’s proximity to The Green, the Historic District designation offers increased protection
to those historic resources on The Green and along South State Street and can regulate any new
development in the area to be more compatible and complementary to existing historic buildings.
It is noted that the S. Governors Avenue corridor is one of the main north-south roadways though
the core of Downtown Dover where commercial and institutional type activities could be expected
to serve the community. It is also in close proximity of the Capital Complex where courthouses
and State office buildings are located within the H (Historic District Zone). The Design Standards
and Guidelines of the Historic District Zone offer a design review process to balance the
compatibility of new construction with surviving historic structures. The streetscape presence of
any proposed building will be important as the area includes a range of transportation modes and
opportunities (vehicle, transit, pedestrian, and bicycle). To support large scale development, there
is existing infrastructure for water, sanitary sewer, and electric services and the police, fire, and
emergency medical services service the area.
Planning Staff notes that this area of Downtown Dover was part of a 2011 charette study
documented in the Dover Transit Center Neighborhood Plan and Design Book. The Study had a
goal of providing a design and planning strategy to guide development of the neighborhood area
surrounding the transit center (located two blocks to west of this subject area). The Study
identified the corner of S. Governors Avenue and West Water Street as an opportunity for a
gateway element such as a pocket park, streetscape improvements to enhance the pedestrian
experience, and an infill/redevelopment project.
This Rezoning Request for H (Historic District Zone) designation does not grant approval of a
specific use for the property but makes its development subject to Architectural Review
Certification for the entire project site. (Currently, only portions of the project site are within the
25
Page 26
Item 4.
Z-22-01 Lands of State of Delaware at South Governors Avenue and West Water Street
DAC Report of March 9, 2022
Page 8
Historic District Zone). The land uses of the properties remain subject to the listing of uses
permitted and potential conditional uses as allowed in the IO zoning district. Any potential
development for the site would have to comply with the zoning classifications and follow all
development design requirements of the Zoning Ordinance. Were the Application for Rezoning to
be recommended by the Planning Commission and the Historic District Commission and
subsequently approved by the City Council, the applicant would still have to submit Site
Development Plans and/or Permits for review for any new use of the site or the buildings to be
established.
This recommendation is being made without that benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and those comments given
consideration.
V. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any Rezoning application does not represent Site
Development Plan approval. Following any decision made by City Council in regard to this
rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building
Permits must be submitted to the Planning Department and required Boards and Commissions
review prior to the establishment of a use, development activity, or any construction activity on
the site. The applicant should contact the Planning Staff to determine the appropriate review
process for any proposed projects.
2) The applicant should be aware of the potential for historic archaeological resources which may
include previous building locations, wells, privies, etc. on the property. The State Division of
Historical & Cultural Affairs can provide technical assistance when dealing with
archaeological resources including previous studies at the subject location.
3) Additional specialized evaluation and review of this area may be necessary due to the
environment contamination in this area and/or the site’s participation in any environmental
remediation program.
4) The applicant shall be aware that approval of any Rezoning application does not represent a
Building Permit, Demolition Permit, Sign Permit, or other construction activity permit approval.
A separate application submission is required before issuance of permits by the City of Dover.
5) The applicant shall be aware that any future use may be subject to a separate permitting or
licensing process through the City of Dover Licensing and Permitting Division. All businesses
operating in the City of Dover are required to obtain a City of Dover Business License. Certain
types of uses also require a Public Occupancy Permit or Rental Dwelling Permits.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Office as soon as possible.
26
Page 27
Item 4.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MARCH 2, 2022
APPLICATION: Lands of State of Delaware at South Governors Avenue and West
Water Street
FILE #: Z-22-01
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-077.09-03-37.00, ED-05-077.09-03-48.00-000, ED-05-
077.09-03-50.00-000, ED05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED05-077.09-03-61.00-000 and alley. Any
redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures
for Public Works Construction. Impact fees will be applied to this property.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
27
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Item 4.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MARCH 2, 2022
APPLICATION: Lands of the State of Delaware at South Governors Ave
and West Water Street
FILE #: Z-22-01
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-077.09-03-37.00-000, ED-05-077.09-03-48.00-000, ED-05-077.09-
03-50.00-000, ED-05-077.09-03-51.00-000, ED-05-077.09-03-52.00-000, ED-05-077.09-03-61.00-000, and an alley.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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C F
Z-22-01
Item 4.
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 03/02/22 D S
O H
V A
E L
R
APPLICATION: Lands of the State of Delaware at South Governors Ave and West Water St
FILE #: Z-22-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is a rezoning request. This office has no objections.
2. Project to be completed per approved Site Plan.
3. Construction or renovations cannot be started until building plans are approved.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
N/A
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
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Item 4.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of the State of Delaware at South Governors Avenue and West
Water Street
FILE#: Z-22-01 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: (302) 760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No comment on rezoning of the parcel(s).
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KENT CONSERVATION DISTRICT
Item 4.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
MARCH 2022
APPLICATION: Lands of the State of Delaware at South Governors Avenue and West Water Street
FILE #: Z-22-01
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the proposed rezoning of the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than
5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by
the Kent Conversation District prior to the commencement of disturbance.
31
Page 32
Item 4.
B CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: Organization
APPLICATION: Lands of the State of Delaware at South Governors Avenue and West Water
Street
FILE #: Z-22-01 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030
The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for
several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the
City as well. The MPO will limit comments to projects to development proposals and applications that may lead to
new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by
shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and
pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all
applications, not to be waived.
City of Dover Planning Commission 3/22/2022
Project Review
Z-22-01 Lands of the State of Delaware at South Governors Avenue and West Water Street
The Dover/Kent County Metropolitan Planning Organization (MPO) typically does not comment on rezoning
applications and there are no comments on the advisability of the application presented here. We wanted to take
the opportunity to let the State of Delaware, as the applicant, know about the planning efforts that have been
undertaken by the MPO in this neighborhood.
In 2010, the MPO requested the assistance of two consultants to envision and document a future redevelopment of
this neighborhood after the investment in the Dover Transit Center on Water Street. The Plan built on the best
elements of the built environment of the existing neighborhood (BayHealth, the Prison, the Subsidized housing,
Becker Morgan Group’s investment, etc.) and projected how a complementary future might look, including new
buildings and uses. The intersection of Governor’s Ave and Water Street is the center of the neighborhood and was
projected to have a small, landscaped island and a significant building (a hotel in the plan) located there. The
proposal to build a new Family Court building/complex on this site meets that preferred future creating a showcase
to anchor a redeveloped neighborhood.
The plan is on the MPO’s website at https://doverkentmpo.delaware.gov/projects/ as a 2010 project entitled “Dover
Transit Center Neighborhood Plan”.
If you have any questions or need to discuss any of the above comments, please call the above contact person
and the Planning Department as soon as possible.
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City of Dover Application No.: Z-22-01, HI-22-02
Item 4.
Department of Planning & Inspections
C-2 RGO IO
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The
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Tile: Lands of State of Delaware
Ordinance #: 2022-02 Legend
Addresses: Corner of S. Governors Ave. and W. Water St.
Parcel IDs: ED-05-077.09-03-37.00-000, 48.00, 50.00, 51.00, Historic District Expansion
52.00, 61.00, and alley. Dover Boundary
Existing Zoning: IO Institutional and Office Zone
SWPOZ Source Water Protection Overlay Zone Zoning
Proposed Zoning: IO and subject to H Historic District Zone Dover Parcels
SWPOZ Source Water Protection Overlay Zone
Owner: State of Delaware Historic District
Date:
0 100
2/22/2022
200 400 Feet
« SWPOZ Tier 3
33
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Item 4.
Architecture
Planning
Interiors
Two Mill Road, Suite 210
Wilmington, DE 19806
302.984.1400
20004.1
February 3, 2022
Dawn Melson-Williams, AICP
Interim City Planner/Building Inspector
Principal Planner
City of Dover
Department of Planning & Inspections
15 Loockerman Plaza
Dover, DE 19901
Subject: New Kent County Family Court
City of Dover Historic District Boundary Expansion
Dear Ms. Melson-Williams,
The State of Delaware is requesting to adjust the boundary of the Historic District to include the balance of
the parcels for the new Kent County Family Courthouse site.
Project History
Since 2006 numerous studies have identified the need for a Family Court expansion in Kent County. The
Tevebaugh Architecture team was engaged in an expansion feasibility study in 2014 with the State of
Delaware and Family Court. The study included a space program, visioning session, site selection, concept
plans and a conceptual estimate. The study determined that keeping the Family Court downtown on a site
that was consistent with the comprehensive plan would be most beneficial for the City of Dover and Family
Court. After the plan was published, the State of Delaware began acquiring individual parcels to create this
combined site at the NE corner of Governors Avenue and Water Street.
In 2021 the City of Dover rezoned parcels within this combined site to Institutional Use I-O. The rezoning
aligned the courthouse occupancy to be consistent with the comprehensive plan. This combined site is
currently split zoned with the boundary of the Historic District. The State of Delaware is requesting to adjust
the boundary of the Historic District to include the balance of the parcels of the new Kent County Family
Courthouse site.
Ownership of the site
The State of Delaware has been purchasing each of the parcels that they did not previously own to assemble
this site. The last of the ownership transactions is currently taking place with the owners of #30 The Green
and #34 The Green for the western portion of their parcels. The sales agreements have been signed by all
parties and settlement for the parcels is expected to be scheduled within weeks. These privately owned
parcels which are being acquired by the State are currently within the Historic District.
The State of Delaware is requesting the following parcels which they own, to be entered into the Historic
District.
34
Page 35
Item 4.
Parcels requested to be included in the Historic District.
2-05-077.0-03-37.00-00001
2-05-077.0-03-48.00-00001
2-05-077.0-03-50.00-00001
2-05-077.0-03-51.00-00001
2-05-077.0-03-52.00-00001
2-05-077.0-03-61.00-00001
The Council of the City of Dover previously agreed to the transfer the ownership of the alley that enters the
new Kent County Family Court site from Water Street to the State of Delaware. The State of Delaware’s
legal counsel is currently working with the City Solicitor to finalize the transaction agreement. The existing
alley will become part of the consolidated parcel once the real estate transactions noted above are
complete. The State of Delaware is requesting that the current alley also be included in the Historic District
with this boundary adjustment.
City Code Criteria for adjusting the boundary of the Historic District
3.32 C. This new consolidated parcel contains portions of parcels #30 The Green and #34 The Green which
are currently in the Historic District and have significant historic structures fronting The Green. The
courthouse project will be subdividing these two parcels to create the new combined courthouse parcel yet
the relationship and proximity to these historic structures and The Green remains the same.
3.33 A. / 3.32 E. The State of Delaware is requesting to have the entire combined site within one zoning area.
3.33 A. / 3.32 F. Relocating the Kent County Family Court to this site will increase the economic development
and civic infrastructure in this area of the City of Dover and the Historic District.
3.33 C. The courthouse project will adjoin the multiple parcels of the site including the ones that are currently
in the Historic District. The current Historic District boundary subdivides the combined parcel. Adjusting the
Historic District boundary will create a clear identifiable and distinctive boundary around the perimeter of the
consolidated Kent County Family Court parcel and have the Historic District boundary align with the I-O
zoning boundary.
Summary of Rezoning Request
The State of Delaware is requesting to adjust the boundary of the Historic District to include the balance of
the parcels for the new Kent County Family Courthouse site.
Very Truly Yours,
William J. Lenihan, AIA
Owner, Principal
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Item 4.
OFFICES IN DELAWARE, MARYLAND,
WEB: HTTP://DUFFNET.COM
ASSOCIATES Soil, Water & the Environment
SITE DATA:
DUFFIELD
5400 LIMESTONE ROAD
1. LEGAL OWNER/ THE STATE OF DELAWARE
DEVELOPER: ATTN: JENNIFER COVERDALE
540 S DUPONT HIGHWAY STE 1
DOVER, DE 19901
x PHONE (302) 739-6148
FAX (302) 739-3037
WILMINGTON, DE 19808-1232
EMAIL: JENNIFER.COVERDALE@DELAWARE.GOV
2. TAX PARCEL NOS: ED05-077.09-03-37.00 ED05-077.09-03-48.00 ED05-077.09-03-50.00 ED05-077.09-03-51.00 ED05-077.09-03-52.00 ED05-077.09-03-61.00
PENNSYLVANIA AND NEW JERSEY E-MAIL: DUFFIELD@DUFFNET.COM
3. SITE ADDRESS: 411 GOVERNORS AVE 429 GOVERNORS AVE 435 S GOVERNORS AVE 439 S GOVERNORS AVE 441 S GOVERNORS AVE 447 S GOVERNORS AVE
TEL. 302.239.6634
4. EXISTING ZONING: IO IO IO IO IO IO
5. PROPOSED ZONING: IO, H IO, H IO, H IO, H IO, H IO, H
FAX 302.239.8485
LEGEND
RIGHT-OF-WAY LINE
PROPERTY LINE
ADJACENT PROPERTY LINE
EX-Rezoning-12598CE
GOVERNMENTAL BOUNDARY LINE
BENCHMARK
CHECKED BY:
CONCRETE MONUMENT FOUND
FILE NAME:
CAPPED REBAR FOUND
IRON PIPE FOUND
BUILDINGS
x x FENCES KJT
SIGNS
BOLLARDS
DESIGNED BY:
CURB
DRAWN BY:
ON-SITE STRIPING
OFF-SITE SOLID STRIPING
OFF-SITE BROKEN STRIPING
OFF-SITE DASHED STRIPING
ELECTRIC POLE
PARCELS TO BE REZONED
AR AR
TO HISTORIC DISTRICT
CHK'D BY
DATE
x x x x x x
x
x
x REVISION
PARCELS TO BE REZONED
TO H (HISTORIC DISTRICT)
No. - -
x
540 S DUPONT HIGHWAY
OWNER: STATE OF DELAWARE
DOVER, DE 19901
x x x x
x
PLAN TO ACCOMPANY REZONING APPLICATION
x
x
x
x
x
101 WEST WATER STREET
x
x
CITY OF DOVER ~ KENT COUNTY ~ DELAWARE
x x x x x x x x x x x
x x x x
∆=41°41'33"'
L=21.10'
R=29.00'
DATE: FEBRUARY 4, 2022
SCALE: 1" = 30'
30' 0 30' 60' PROJECT NO. 12598.CE
DRAWING SCALE 1" = 30' SHEET: 1 OF 1
36