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CITY OF DOVER, DELAWARE
PLANNING COMMISSION
Monday, August 15, 2022 at 7:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover
DE 19903 and via email at CompPlan@dover.de.us.
IN-PERSON & VIRTUAL MEETING NOTICE
The Planning Commission Meeting for Monday, August 15, 2022 will be held as an In-Person Meeting at
City Hall. The public is welcome to attend in person. The meeting will also be provided as a Virtual
Meeting using WebEx audio/visual conferencing system as an electronic means of communication. See
participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
City of Dover Planning Commission Meeting of August 15, 2022
Dial: 1-650-479-3208
Event number/Access code: 2531 450 0030
Event password: DoverPC
Event Address: https://bit.ly/PCMeeting8152022
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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ADOPTION OF AGENDA
APPROVAL OF MINUTES
1. Adoption of the Minutes of June 21, 2022
WELCOME
Welcome City Planner: Mary Ellen Gray, AICP is now part of the City of Dover Staff as the Director of
Planning, Inspections & Community Development.
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PLANNING COMMISSION - August 15, 2022 PAGE 2
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Planning Commission regular meeting date is set for Monday,
September 19, 2022.
Update on City Council Actions
Department of Planning & Inspections Updates
Correspondence
2. Letter from Pennoni Associates Inc. RE: Subdivision Waiver Requests for Site Plan S-22-04
Raymond Street & Railroad Avenue Street Improvements - dated August 2, 2022
OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS
OLD BUSINESS
Request Extension of Planning Commission Approval
Update on Revisions to Applications:
3. S-21-10 Modwash: Car Wash at 1414 N DuPont Highway - Update to Planning Commission
on Design Revisions to Site Development Plan Application S-21-10 Modwash at 1414 N
DuPont Highway. This Application was initially approved for the construction a 4,660 SF Car
Wash facility and associated site improvements. The property consists of 1.93 acres (83,999
SF) and is located on the west side of North DuPont Highway, south of Rustic Lane. The
property is zoned C-4 (Highway Commercial Zone) and is subject to SWPOZ (Source Water
Protection Overlay Zone): Tier 3 – Excellent Recharge Area. The owner of record is Dover
Millex II, LLC and the developer is Hutton Build (Ray Garganio). Property Address: 1414 N
DuPont Highway. Tax Parcel Number: ED-05-057.00-01-17.00-000. Council District 4. This
application received conditional approval by the Planning Commission in November 2021.
NEW APPLICATIONS
NEW BUSINESS
4. Nomination and Election of Officers (Chairman and Vice-Chairman) due to Annual Meeting of
Planning Commission
5. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in
accordance with Zoning Ordinance, Article 10 §2.28)
ADJOURN
MEET & GREET with City Planner
Posted Agenda: August 5, 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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JUNE 21, 2022
The Meeting of the City of Dover Planning Commission was held on Monday, June 21, 2022 at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx.
The Meeting Session was conducted with Vice Chair Mr. Hartman presiding. Members present
were Mr. Cooper, Mr. Roach (virtual), Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs.
Welsh (virtual). Mrs. Malone and Mrs. Maucher were absent.
Staff members present were Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mr. Jason
Lyon (virtual) and Mrs. Kristen Mullaney. Also present were Mr. Brian Turner, Mr. Elio Baltista
Jr., Chief Judge Michael Newell, Mr. Bill Lenihan, Mr. James Taylor, Mr. John Rathfon and Mr.
Joseph Dopsovic.
APPROVAL OF AGENDA
Dr. Jones moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion
was unanimously carried 7-0 with Mrs. Malone and Mrs. Maucher absent.
APPROVAL OF MEETING MINUTES OF APRIL 18, 2022
Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of April 18, 2022,
seconded by Mr. Baldwin and the motion was unanimously carried 7-0 with Mrs. Malone and
Mrs. Maucher absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on April 25 & 26, 2022, May 9 & 10, 2022, May 23 & 24, 2022 and June 13 & 14,
2022.
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, July 18, 2022 at 7:00PM in the City Hall Council Chambers. At this point, she is
not sure that we will be having this meeting and it will depend on if there is any business. They
have no new applications, but they haven’t officially cancelled that meeting yet.
Mrs. Melson-Williams stated that the City Manager has announced the selection of Mary Ellen
Gray as the next City Planner and to serve as the Director of Planning & Inspections. Her start
date is July 18, 2022 so they will certainly may sure that you have the opportunity to meet and
greet her. Mary Ellen has previously served as the Assistant Director in the Kent County
Department of Planning & Inspections and is currently serving as the Director in the City of
Newark.
Mrs. Melson-Williams stated that one of our previous Planning Commission members, Mr.
Ronald Shomo has passed away in recent weeks. He served as a Planning Commission member
for a three-year term that began in June 2010 through July 2013. Some of the people on the
Commission may remember Mr. Shomo. That was a gig in his retirement after serving as a Band
Director for the Capital School District for many years.
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OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the In-
Person Meeting and Virtual Meeting using the WebEx system.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval: None
2) Update on Revisions to Applications:
S-19-13 Office Building at 223 and 225 West Division Street - Update to Planning Commission
on Design Revisions to Site Development Plan Application S-19-13 Lands of NCALL at 223 &
225 West Division Street. This Application and Lot Consolidation Plan Application was initially
approved for the construction a three-story 7,671 SF office building together with associated site
improvements. The subject properties to be combined total 5,120 feet and are located north side
of West Division Street east of North New Street. The property is zoned C-1A (Limited
Commercial Zone). The owner of record is NCALL, Inc. Property Addresses: 223 West Division
Street and 225 West Division Street. Tax Parcels: ED-05-076.08-05-28.00-000 and ED-05-
076.08-05-29.00-000. Council District 4. This application received conditional approval by the
Planning Commission in July 2019 and a 1-year extension of approval in June 2021.
Representatives: Mr. Brian Turner, Mountain Consulting
Mr. Swierczek stated that this is an application for a Site Development Plan and Lot
Consolidation Plan that was recently before the Planning Commission in July 2019. It did
receive an extension of plan approval in the summer of 2021; so the plan is valid through July
2022. There is not necessarily any action required on the part of the Planning Commission this
evening. This is merely a courtesy update as they have revised their plans. Originally when this
came before the Planning Commission in 2019, this was a building of a little over 7,600 SF and
three stories. The original design was something more of a French Provençal aesthetic where as
now, it is a little bit more of a mission aesthetic. As this was a revision of the original design to a
smaller square footage and a reduction to the overall height of the building, this was not
necessarily requiring any specific action on the part of the Planning Commission. This
application had been approved with two waiver requests. One for the partial elimination of
upright curbing at the rear of the building where they are proposing a couple parking spaces and
a tree mitigation plan as this facility takes up the bulk of the site on West Division Street. They
are going to be planting their required two trees off-site at two other NCALL properties within
the City.
NEW APPLICATIONS
S-22-06 New Courthouse at South Governors Avenue and West Water Street – Public Hearing
and Review of a Site Development Plan Application, associated Lot Consolidation Plan, and
Architectural Review Certification to permit the construction of a five-story 106,711 GFA
government building to serve as the new Kent County Family Court. The proposal includes a
five-story Parking Structure (425 vehicle parking spaces), parking lot, and other site
improvements. The Site presently consists of a series of eleven (11) parcels consisting of a total
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of 3.7499 +/- acres and an alley. The properties are zoned IO (Institutional and Office Zone) and
subject to the SWPOZ (Source Water Protection Overlay Zone), as well as 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/ equitable owner is the State of
Delaware. Property Addresses: 401, 411, 429, 435, 439, 441, and 447 S. Governors Avenue; 101
and 117 West Water Street; 123 Bank Lane; and part of 34 The Green. Tax Parcels: ED-05-
077.09-03-32.00-000, ED-05-077.09-03-33.00-000, ED-05-077.09-03-35.00-000, ED-05-
077.09-03-36.00-000, 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-05-077.09-03-53.00-000, ED-05-077.09-03-52.00-000, ED-05-
077.09-03-61.00-000, and an alley. Future Addresses: 415 S. Governors Avenue (Parking
Garage), and 445 S. Governors Avenue (Courthouse). Council District 4. Project Site is subject
to the Architectural Review Certification Application HI-22-03 as reviewed and recommended at
the April 21, 2022 meeting of the Historic District Commission. For Consideration:
Architectural Review Certification, Tree Mitigation Plan. Waiver Request: Alternative Size of
Loading Spaces.
Representatives: Mr. Elio Baltista Jr., Parkowski Guerke and Swayze PA; Chief Judge Michael
Newell, Delaware Family Court; Mr. Bill Lenihan, Tevebaugh Architecture; Mr. James Taylor,
Duffield & Associates
Mrs. Melson-Williams stated that this is one of the bigger projects that we have seen in recent
times for a new Courthouse and an associated Parking Structure to be located on the east side of
South Governors Avenue in the block that is between Bank Lane and West Water Street. For the
image that is shown on the screen, West Water Street is at the bottom of the page and Bank Lane
would be at the top and then Governors Avenue kind of runs up and down vertically just to the
left of the two buildings shown in blue. It does consist of a number of tax parcels but in total, the
property area including an alley, will be 3.7499 acres. The properties are zoned IO (Institutional
and Office Zone) and are now all in the Historic District Zone thanks to a recent Rezoning
Application that brought the balance of the block into the Historic District. The properties are all
subject to the SWPOZ (Source Water Protection Overlay Zone); however, in this Downtown,
properties are exempt from certain provisions of that zoning designation. Tonight for
consideration, we will be dealing with an Architectural Review Certification. That is the review
process for something being constructed in the City’s Historic District Zone. That process started
in April with the application being reviewed by the Historic District Commission and as a result
of that, they have made a recommendation. For consideration, there is also a Request for Tree
Mitigation. Portions of this property are intended to be landscaped with tree plantings; however,
space is somewhat limited and they are seeking a Request to plant some of the required trees on
other State owned properties here in Dover. There is also a Waiver Request associated with the
alternative size of loading spaces. There is not a designated marked loading space. There is an
area that is located to the northeast side of the Courthouse Building. A little bit about the project
site; it does include a number of existing properties and there are several buildings that are
currently located on them that have been proposed for demolition and Demolition Permits have
been filed for those as part of a first phase of improvements to the site. As mentioned, the
Architectural Review Certification process began with the Historic District Commission. They,
like the Planning Commission, are charged with reviewing the project in concert with the Design
Standards and Guidelines for the City of Dover’s Historic District Zone. It looks at a number of
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things related to placing the building on the site and then the form and materials of the buildings
themselves. She does want to, by reference; note that there is a Recommendation Report that was
forwarded from the Historic District Commission from their April meeting and that is included in
the Planning Commission packet. Specifically, the Historic District Commission did recommend
approval of the Architectural Review Certificate for the application. They did note that they
recommend approval of an Alternative Bulk Standard related to the rear yard setback. There is a
portion of the Courthouse that was unable to meet the setback requirements but the Historic
District Commission is recommending that rear yard setback be reduced to a twenty-five foot
wide rather than a thirty foot one. They also, in their action on the Architectural Review
Certification Recommendation, recommended the use of fencing and it’s appropriate in areas
adjacent to the residential areas that adjoin this property. The Courthouse itself is a three-story L-
shaped building. Its main exterior is brick. There is also a variety of cast stone elements and
definition provided in size of openings and differences in the plain of the building. Likewise, the
Parking Garage structure is also brick. It is a series of parking decks that would allow for over
four hundred parking spaces within it. There is also included in the packet, additional
information about the design of the parking structure in that the parking spaces within it will be
slightly reduced in size from the standard parking space but they tend to follow typical parking
structure layouts. This would allow the building to remain the size that it is and its placement in
proximity to the street while still providing that significant number of parking spaces undercover.
Going back to the DAC Report and the review process related to the Zoning Ordinance, parking
is being provided in both the parking structure and then with the reconfiguration of a parking lot
that is located along West Water Street. The lower right-hand corner of the property is where the
parking lot will be, slightly reconfigured but generally the same portion of the location that there
is a parking lot today. The project is providing bicycle parking on site and the other requirements
related to street frontage sidewalks and sidewalks that lead into the site to access both buildings
and then also to connect both buildings. She did mention the tree planting requirement and the
Tree Mitigation Plan. Basically, the site is deficient twelve trees and the applicant believes that
they can certainly satisfy that tree planting deficit by accommodating those on other State-owned
properties located here within the City of Dover. Staff can work with them to ensure that the
mitigation occurs. Planning Staff is recommending approval of the Architectural Review
Certificate for the project and also the Tree Mitigation Plan. They do note that with this property
being adjacent to some residential properties, there are some requirements for opaque barriers. In
most cases, there is a fence component that will be implemented and where utilities are not in
conflict, either existing trees or new plantings will be implemented. They do plan for some
electrical vehicle charging stations as part of the project. It is not currently a requirement of our
Code, but they are taking that step. Additionally in the packet, is their Letter of Request. This
project did go through PLUS Review even though it is not required to given its location so that
PLUS Review Letter was also provided since it came in after the May distribution to you on this
project.
Mr. Baltista stated that as Mrs. Melson-Williams indicated, they are here with respect to the
proposed Kent County Family Courthouse, Parking Structure and adjacent lot. He would like to
begin by stating that this has been a long road going through this public process; he sees light at
the end of the tunnel and the Planning Office has been great working hand-in-hand with the
applicant in helping guide us through that process.
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Mr. Lenihan stated that Mrs. Melson-Williams did a great job of updating the Commission on
the project. They had great meetings with the Historic District Commission and the Development
Advisory Committee and they will continue to work with the Planning Office, the Fire Marshal’s
Office and all of the other DAC members as they develop the design and they will have
continuous administrative reviews with them on each of the components and regulations to make
sure that they are in compliance all the way through this project. As Mrs. Melson-Williams
mentioned, there were a few key items; one was the Tree Mitigation Plan that they have a game
plan for and they will continue to work with the Planning Department on that as they move
forward. They had several waivers. One was for the alternate size of the loading space. They had
that area on the back side of the Courthouse; it’s kind of a service yard area and adequately
accommodates the loading spaces in that area we just don’t have them specifically defined. Also,
with the parking space width, all of the surface parking spaces will meet the City of Dover
requirement of nine-foot-wide parking spaces but they are requesting for within the parking
structure only, to reduce the width to an 8.5 foot width. 8.5 foot is a standard width for parking
structures. Even some of the industry literature recommends that size width for these types of
parking structures and they recommend going with that because to increase the width, they
would also have to increase the height of the parking structure to accommodate the same amount
of vehicles to meet our parking demand that was stated in our parking study for the project. The
other one was the rear setback line because we are adjacent to a residential property at the rear of
the building for the width of the one yard there. They can only accommodate a twenty-five-foot
setback based on the requirements of the use groups within the building. They believe that they
are meeting the intent of that regulation of having enough space between an institutional building
and a residential property. The existing historic home is several hundred feet away from the
Courthouse and the property line; so, we feel that they are meeting the intent of that requirement
there by adjusting the setback only five feet. It was also mentioned about fencing, that the Code
has a requirement in the Historic District for four-foot-high fencing. We want to keep the four-
foot-high fencing in most areas but right behind our service area in the rear to cover and obscure
some mechanical equipment and also for security reasons, they are requesting to go to a six-foot-
high fence just in that area. They are asking for approval of the Architectural Review Certificate
that was recommended by the Historic District Commission.
Mr. Hartman opened the public hearing.
Mrs. Melson-Williams stated that there was one written piece of correspondence regarding the
application that was received from the Central Delaware Chamber of Commerce. It is a letter
dated April 22, 2022 signed by their President, Dina Vendetti who is in the room this evening.
They note their support of the Courthouse and parking garage project that is proposed at this
Downtown location.
Mr. Hartman closed the public hearing after seeing no one wishing to speak.
Dr. Jones moved to approve S-22-06 New Courthouse at South Governors Avenue and West
Water Street to include the Architectural Review Certificate as presented, the Tree Mitigation
Plan and the alternative size of the loading space and the reduction in parking spaces, seconded
by Mrs. Denney.
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Mrs. Melson-Williams asked the motion maker to clarify if they are approving the Site
Development Plan as well with reference to the DAC Report and Comments.
Mr. Lenihan asked if the motion could also include all of the waivers that they outlined here
tonight. One was the Tree Mitigation Plan and the waivers were the alternate size for loading
space, the parking space width for the parking spaces within the parking structure, the rear
setback from thirty feet to twenty-five feet and the six-foot high fencing at that rear yard area.
Dr. Jones moved to amend the motion to include approving the Site Development Plan and the
DAC Report and Comments as well as the Tree Mitigation Plan and all waivers requested (as
listed above by applicant), seconded by Mrs. Denney and the motion was carried 7-0 by roll call
vote with Mrs. Malone and Mrs. Maucher absent. Dr. Jones voting yes. Mrs. Welsh voting yes;
the facility is badly needed, and she thinks the design has come through as a very well thought
out and exceptionally planned facility. Mr. Cooper voting yes; for reasons previously stated. Mr.
Roach voting yes; for reasons previously stated. It is definitely needed and he appreciates the
applicants working so hard with the Planning Staff. Mrs. Denney voting yes; she thinks this is a
lovely enhancement to our City and to that area and she as well, is very excited and looking
forward to seeing this progress. Mr. Baldwin voting yes; for all of the statements that have been
made. Mr. Hartman voting yes; based on the comments of the Planning Staff and the DAC
Meeting and the Architectural Review Recommendation Report.
S-22-07 Parking Lot at 446 South Governors Avenue – Public Hearing and Review of a Site
Development Plan Application to permit the construction of a 45-vehicle parking lot to serve the
proposed Kent County Family Court. This parking lot is in addition to the proposed parking
garage facility proposed for the Kent County Family Courthouse. The Site consists of a parcel of
land consisting of a total of 0.4989 +/- acres. The property is zoned C-2A (Limited Central
Commercial Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The
property is located on the west side of South Governors Avenue, north of West Water Street. The
owner of record is the State of Delaware. Property Address: 446 S. Governors Avenue. Tax
Parcel: ED-05-077.09-03-21.00-000. Council District 4. Project Site is associated with Site
Development Plan Application S-22-06 New Family Courthouse at S. Governors Ave and W.
Water Street.
Representatives: Mr. James Taylor, Duffield & Associates; Mr. Elio Baltista Jr., Parkowski
Guerke and Swayze PA; Mr. Bill Lenihan, Tevebaugh Architecture
Mr. Swierczek stated that this application is for a parking lot located at 446 South Governors
Avenue. This is accessory to the Courthouse project and has been accompanying the Courthouse
review through both the Historic District Commission review process as well as the DAC
review. This property is zoned C-2A (Limited Central Commercial Zone) and is also subject to
the SWPOZ (Source Water Protection Overlay Zone); however, as Mrs. Melson-Williams
mentioned earlier, the Downtown area is not subject to some of the restrictions that it would be
elsewhere in the City. However, it is worth noting that the proposed development which is on the
site of the previous Box Outlet would reduce the impervious coverage there by a little over 21%.
They are meeting their tree planting requirements and landscaping requirements. After some
determination by Planning Staff, the adjoining property that is zoned commercial is actually a
residential use. After discussions with the applicant, they were accommodating it and meeting
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the Code requirements. Therefore, they will add additional landscaping for screening along that
northern property line and the recommendation of Planning Staff that pedestrian connectivity be
improved under this Site Plan. The applicant has expressed willingness to work with that as well,
saying that they would include added sidewalk to the bicycle parking pad as well as to the
parking area in general.
Mr. Taylor stated that he would like to thank Planning Staff for all of their support and working
through this project. As Mr. Swierczek mentioned, the two major comments related to this were
pedestrian connectivity into the parking lot as well as ADA parking spaces and they are working
to come up with that accommodation. With all of the comments received, we are anticipating
working with the different members of the DAC to make this project happen.
Mr. Hartman opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mrs. Denney stated that she has a comment in regards to this aspect of the project. Just because
for many years she worked in that vicinity on Queen Street and living on North State Street, she
often, after a substantial rain events, found it very difficult to get to her home. Because with the
impervious soil aspect of that area, the old Eden Hill Farm space, and plenty of land; but for
some reason rainwater wants to run downhill and of course that runs on the impervious soil.
There have been many floods and many opportunities for the City of Dover Police Department to
busy themselves putting up barriers for that reason when they could be doing other things. She
just wanted to make that comment because that is of concern to her. She used to dream that
somebody would take down that building there that is going to be taken down for parking space
and instead make a stormwater management area. Responding to Mrs. Denney, Mr. Taylor stated
that it is one thing that has been identified and noted. He is sure Mr. Lyon can comment on this
as well but the City is currently working on projects in this area to improve drainage. There is
currently a project from about this intersection down towards the discharge part to the east which
is called the Meeting (House) Branch and then there is also other drainage improvements
proposed. We are currently working with the City of Dover as part of this project to be able to
put an underground stormwater facility in this parking lot. Although not shown currently as part
of this plan, this is something that has been discussed in the last two months with the City and
the State is willing to work with them to provide some additional storage area for those rain
events.
Mrs. Denney stated that over the years, she has had a lot of experience with parking lots,
driveways, etc. that they used to call “parkable turf” and she realized that there are a lot of safety
issues for tripping and stuff. But she was just wondering if there had been any discussion about
something like that. Obviously, we have to have a place for water to go. Responding to Mrs.
Denney, Mr. Taylor stated that the project, as Mr. Swierczek mentioned, is almost 100%
impervious on the lot today with the building and the parking. They are reducing that by about
21% which is adding a lot more green space than what exists today. Through the State, with the
redevelopment requirements, which is what they try to do to meet those events if they want to get
enough water back into the ground, they consider redevelopment to be 15% so they are
exceeding that expectation. Having a turf block type thing versus having asphalt surface gets a
little tough in this type of area because if you want to have it from a maintenance perspective,
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you need to be able to provide people with a safe place to park. All of the area that is impervious
(all of the area that is asphalt), would drain to an underground stormwater facility to be collected
and held for a period of time before releasing back into the system. What that is usually designed
for is, let’s get it away from those peak hours of where the high intensity comes down, you start
getting your flooding and they let everything go back out. They are still in design of exactly what
that’s going to look like, but all of those things have been taken into consideration with the
design of this lot to try and help mitigate some of the issues that the City has seen within the last
number of years.
Mrs. Melson-Williams stated that Mr. Jason Lyon from the Department of Water and
Wastewater would like to make a comment as well. His department, in conjunction with others,
has been working on this drainage issue.
Mr. Lyon stated that the State has been extremely gracious to partner with us on this project. The
City actually has a stormwater management project in this area, although it’s not timing with this
project. We are kind of expediting a little bit to kind of utilize this parking lot as an underground
storage facility as it kind of functions the same way as the comment about the permeable turf.
The water would still get underground and beheld there. It is important to note that that
intersection of Water Street and Governors Avenue is for all intents and purposes a bath tub; it
drains all of those roads. As one would imagine, the stormwater structure in that area was never
really designed to today’s standards so part of our long term project is to upgrade that area. But
with the cooperation with the State, they are working on utilizing that parking lot to have some
sort of storage. As Mr. Taylor mentioned, they are still working through the details of that. It is
also important to note that the parking lot is actually a little bit higher than the intersection so just
putting a stormwater facility in that parking lot is not going to solve all of the problems, but it
certainly will help it as well.
Mrs. Welsh moved to approve S-22-07 Parking Lot at 446 South Governors Avenue as there are
no waivers and she would imagine that the applicant will comply with all of the DAC comments,
seconded by Mr. Cooper and the motion was carried 7-0 by roll call vote with Mrs. Malone and
Mrs. Maucher absent. Mrs. Welsh voted yes; it’s apparent that it’s a necessary accessory to the
Courthouse and it appears to be a good use of the space on that corner and it sounds like with
the stormwater mitigation that it’s going to provide some needed improvement to the drainage in
that area. Mr. Cooper voting yes; for reasons previously stated. Mr. Roach voting yes; for
reasons previously stated. Mrs. Denney voting yes; obviously, we have to have a parking space
there and she just really hopes that when all is said and done, some of the flooding in that area
will be gone. Mr. Baldwin voting yes. Dr. Jones voting yes; for reasons previously stated. Mr.
Hartman voting yes; he agrees with the comments of the DAC Report.
S-22-09 Dover Apartments at Leipsic Road – Public Hearing and Review of a Site Development
Application for the construction of six (6) 3-story, 46,800 GSF garden style apartment buildings
each containing thirty-six (36) units for a total of 216 apartment units. Also proposed are eleven
(11) garage buildings, a Clubhouse with Pool, Recreation Facilities, parking, and other site
improvements. The property is zoned SC-2 (Community Shopping Center Development Zone)
and partially subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3: Excellent
Recharge Area. The property is located on the southeast side of Leipsic Road east of North
DuPont Highway. The owner of record is Rojan DD 15, LLC and equitable owner/developer is
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Metropolitan Group. Property is currently unaddressed. Tax Parcel: ED-05-068.05-01-15.01-
000. Council District 3. This site was previously subject to Minor Subdivision Application SB-18-
01. The related commercial development immediately adjacent to the southwest was reviewed as
Master Plan S-19-03 Retail Center at 747 N. DuPont Highway (DuPont Plaza). Waiver
Request: Reduction of Parking Requirement. Review of Active Recreation Area Plan with
Consideration of Partial Fee-in-lieu of Active Recreation Area Construction.
Representatives: Mr. James Taylor, Duffield & Associates; Mr. John Rathfon, Metropolitan
Group; Mr. Joseph Dopsovic, Metropolitan Group
Mr. Swierczek stated that this is a Site Development Plan application for a series of six
apartment buildings. Each is to contain about thirty-six apartment units and be 46,800 SF and
three stories in height. There are also eleven garage buildings proposed on site containing five
parking spaces and some storage facilities in each one of those buildings. This site had
previously gone through a Preliminary Land Use Services Review or PLUS Review. To the left
on the Site Plan, there is a ten-acre parcel of land. This had previously been one overall site of
twenty-five acres that had been subdivided in 2018 under Application SB-18-02. In 2018 was
this PLUS Review which is generally a process which is required whenever there are commercial
developments of over 75,000 SF or residential developments containing 125 of more dwelling
units. This has also been submitted with an Active Recreation Plan for your consideration as well
as a partial cash-in-lieu for a Recreation Area construction as well as a Waiver Request for the
partial reduction of parking requirements. With regards to the Active Recreation Plan, that was a
separate Report that was included in your packets. This is a Report that was sent to the Parks and
Recreation Committee in which the original submission of the applicant was presented to them.
The requirements for this development per Code would be that 59,400 SF or approximately 1.36
acres of Active Recreation be provided on-site. The submission of the applicant had originally
shown about 38,011 SF of Active Recreation. This had included a Clubhouse with a swimming
pool, fire pit, sports court, as well as some indoor active recreation area and then elsewhere on-
site there was a Dog Park that was identified. As this was not quite meeting the 59,400 SF as
required by Code, the applicant could either revise their design to meet that requirement or
present a proposal for Cash-in-lieu. They did not have the appraisal for that but the presentation
to the Parks and Recreation Committee did note that they are willing to do that for whatever
portion of that requirement that they would not be able to meet. They are still looking at ways to
increase the Active Recreation Area. With regards specifically to the Waiver for parking, the
minimum requirement for parking is dictated by Code to be 2.25 parking spaces per unit
proposed which with this application would be 486. The plans show 428 parking spaces being
provided. The Waiver submitted by the applicant notes that they manage several other large scale
residential developments in which their experience generally tells them that it’s 1.25 vehicle
parking spaces (per unit) necessary. However, they are asking for a reduction from 2.25 to 1.98
vehicle parking spaces. They also note in their request that it is somewhat smaller units being
proposed of one and two bedrooms as well as the availability of different types of transportation
in the area with bus routes in the vicinity, shared use paths and then the close proximity with
commercial properties nearby. Overall, Staff in review of the plans submitted, they had noted
that they were somewhat deficient in things like tree plantings; however, in the DAC review
process they indicated that they will be revising the plans to ensure that they are meeting
minimum requirements for tree plantings and landscaping in general. They had noted some
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concern on their initial review of the pedestrian connectivity noting that there did seem to be
some opportunities to improve pedestrian access internal to the site between the buildings and
the Active Recreation Areas, more specifically the Clubhouse and its facilities as well as to
neighboring properties to the south. Again, discussing this with the applicant, they have indicated
that they are willing to revise the plans to show that they will provide pedestrian facilities. In
regards to the Active Recreation Plan, it was the recommendation of the Parks and Recreation
Committee that the application be approved noting that they were still looking at ways to
increase the active recreation proposed.
Mr. Taylor stated that he would like Mr. Rathfon to come up and talk about Metropolitan Group
as a whole and then they will dive into the project itself.
Mr. Rathfon stated that the Metropolitan Group is a family owned and operated, fully integrated
land development company. He says family operated and fully integrated for two reasons; he
deals with the section of the company that takes the ground from acquisition through approvals
and then he oversees the construction. Once this is approved, they pass it to their D&B
construction group; they are their general contractors as well. They manage the site work and
construction which then gets transferred to Metropolitan Management Group which is our full-
service apartment management group with in-house maintenance staff and leasing staff. They
also do have a residential portion and a commercial portion of our company, so they basically do
it all. One thing that is very important for the Commission to know is that they are family
operated. The owner of the company is self-made and he has come from owning one apartment
to now owning about 3,500 apartments. They build about 300-500 a year in-house. He has six
children and the first of the children has just entered the business. They are here for the long
haul. When they come into communities like this, they come trying to better the community and
trying to bring housing to the community that is in need. They are here to be a long-term partner
with the community. We don’t get a project approved and flip it. We don’t build it and then flip
it. They plan to own this for 35-50 years and have it passed to the generations of the family.
Mr. Taylor stated that Mr. Swierczek has been great to work with as always. There we some
specific recommendations that were listed in the Report for the conditions to meet approval and
he wanted to talk through some of those. For the pedestrian connectivity as Mr. Swierczek
mentioned, they are committed to providing that connectivity interior to the site. One item that
ties into the Active Recreation Area piece of it is that they have been working on developing a
trail path that would go around the bottom portion of the site and then connect up to the shared
use path along Leipsic Road. That would add about 16,000 SF into the Active Recreation Area,
reducing the Cash-in-lieu amount to about 5,000-6,000 SF. We are still working on the exact
design of that and look forward to working with Staff on showing that and getting that down to
an additional amenity for this community. One of the other pieces was regarding bicycle parking
facilities and providing some type of cover. In discussion with the owners, we are looking at
providing bicycle spaces in the breezeways that go between the residential units. There are three
on each building and being able to provide some bicycle racks in that area would provide some
shelter for those spaces. He is going to have Mr. Dopsovic come up and talk about some of the
other Active Recreation pieces and the parking spaces and the electrical vehicle charging
stations. As far as DelDOT process, the TIS is about 50% through the process. They are
requiring them to analyze the intersection of Route 13 and Leipsic Road as well as their site
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CITY OF DOVER PLANNING COMMISSION JUNE 21, 2022
access points. As shown on the plan, there are two access points. One that is a shared access
point with the commercial development; and then about three quarters to the right, you can see
an entrance on Leipsic Road as well. DelDOT has previously stated that those two access points
make sense. He believes from the number of units perspective; they need to make sure that they
have two access points to the site as well. For stormwater management, they are working with
Kent Conservation District on the stormwater design for the site. A portion of the site falls with
the SWPOZ (Source Water Protection Overlay Zone) which permits a maximum of 30%;
however, we can go up to 60% if we provide certain practices or at least try to meet superior
infiltration design. So, they are currently undergoing some geo-technical testing and working on
the stormwater design for the site. They are at about 40% in that SWPOZ (Source Water
Protection Overlay Zone) which is the portion to the left-hand side. Regarding lighting, site
lighting will be designed in accordance with the City of Dover Code. They don’t anticipate any
issues with that.
Mr. Dopsovic stated that in regards to the parking, historically, like Mr. Rathfon said, our 3,500
properties they have never really exceeded 1.25 spaces per unit necessary or required. 2.25 is a
little excessive from what they are used to; however, they are trying to get to around 2 which
would be far in access of anything that we’ve provided before. They always make sure that if
there is a problem to address, they will take care of it and that even requires certain parking
spaces per building and where they are located. That is always in the back of our minds. That
would be the only large variance that we are really looking for at this time. In terms of tree
count, we are trying to provide a green space. In fact, part of the fee-in-lieu of for our Active
Recreation would be to not just place a bunch of playgrounds or anything on our space to want to
have some green space there if possible. We are trying to provide a trail now to get closer to that
number but above and beyond the fee-in-lieu of is not a problem. They will be fine providing
back to the City to make sure the City of Dover has enough green space as well. Right now, they
are trying to convert inactive land and make a nice space for residents. Also beyond that, getting
back to the transportation aspect of it, the bike spaces that they are planning on providing per
building will be in excess of what is required by far. He thinks it will be something like six per
building that would be required, and they will probably end up providing something like
eighteen per building; so, the bikes shouldn’t be an issue. In terms of electrical vehicle charging,
they have a stub directly in front of the Clubhouse that will be available from day one. Then
moving forward, all of our buildings are getting over-amperage so that they can provide stubs out
to parking spaces. As they see an influx of absorption of how many people are actually going to
be using electrical vehicles, we will be able to upgrade as necessary. Beyond that, their garages
are also going to be wired up so that they can have individual units per meterage. So, somebody
could lock up their car at night and charge it in their own dedicated spaces. They are all ways
that they are trying to future proof not just this building or facility but all of the facilities that
they have moving forward because they obviously know that this is the direction that
transportation is moving.
Mr. Taylor stated that a Dog Park was mentioned and there is also a Clubhouse block which is
shown in the middle of the screen, which is have a Clubhouse, a pool, a sports court, playground,
a car wash, a dog wash and then also a fire pit as well. That kind of covers all of the active
recreation. Just a comment on the Active Recreation Area reduction, this site as mentioned has a
Source Water Protection Overlay Zone (SWPOZ) which has a limit on the impervious coverage.
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CITY OF DOVER PLANNING COMMISSION JUNE 21, 2022
In addition to the impervious coverage, the site also has a little bit of a high groundwater table
which makes their stormwater facilities larger in size versus smaller and allowing for lots of
infiltration. They are working through that balance as a whole for the site.
Mr. Hartman asked what the expected deficit is for the Recreation Area now. Responding to Mr.
Hartman, Mr. Taylor stated that originally, they were looking at 21,000 SF as the deficit but with
the addition of the trail along the bottom side, that added about 16,000 SF. So, they will be in the
range of 5,000 to 6,000 SF as a deficit.
Mr. Cooper asked if there was a break-down of how many of the apartments are going to be one
bedroom, two bedroom and three bedroom apartments? Responding to Mr. Cooper, Mr. Rathfon
stated that they tend to be about two thirds to one third. Two thirds are 2-bedroom apartments
and one third are 1-bedroom apartments. This product, a thirty-six unit product does have a little
more 1-bedroom units so it’s around 65/35. They don’t do any 3-bedroom units. Typically, our
tenants don’t have that many school aged children.
Mr. Hartman opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mrs. Welsh moved to approve S-22-09 Dover Apartments at Leipsic Road inclusive of all DAC
comments and the Waiver Request for the reduction of the parking requirement.
Mrs. Melson-Williams asked Mrs. Welsh to provide action on the Active Recreation Plan and
their request for a use of partial Cash-in-lieu as well in the motion.
Mrs. Welsh moved to approve S-22-09 Dover Apartments at Leipsic Road inclusive of all DAC
comments, the Waiver Request for the reduction of the parking requirement, the Active
Recreation Plan, and the request for partial cash-in-lieu of the Recreation Area construction,
seconded by Mrs. Denney and the motion was carried 7-0 by roll call vote with Mrs. Malone and
Mrs. Maucher absent. Mrs. Welsh voting yes; she thinks that it’s a well-designed project and she
thinks that it will work well in the space. The floor plans are well thought out and she was quite
impressed with the renderings of the exterior of the facility; it looks to be a very well thought out
and beautiful community. Mr. Cooper voting yes; for everything Mrs. Welsh said. Mr. Roach
voting yes; for reasons previously stated. Mrs. Denney voting yes; she is excited for this project.
She thinks it’s beautiful and well thought out. Certainly living space is needed here and she also
has an appreciation for the way they look towards the future with the electric car parking and
she agrees with Mrs. Welsh; it really addressed recreation well. Mr. Baldwin voting yes; for
reasons previously stated. Dr. Jones voting yes; for reasons previously stated. Mr. Hartman
voting yes; he agrees with the DAC plan and Staff comments.
NEW BUSINESS
Update on Dover Air Force Base Compatible Use Study
Mrs. Melson-Williams stated that included in the packet for the May Meeting was information
about a Public Workshop to be held on May 17, 2022. You can still see what the Workshop was
all about because the project site for the Dover Air Force Base Compatible Use Study does
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CITY OF DOVER PLANNING COMMISSION JUNE 21, 2022
include a copy of the Workshop Presentation and a recording. That project site includes other
information as they have been in the data gathering phase. Staff has participated in a driving tour
of the Base and the associated assets that are necessary for the Base including all the way out to
Port Mahon to see the fuel off-loading facility which is quite an adventure on a school bus. It is
an ongoing study and they are moving into what they call stakeholder interviews. There will be
other opportunities for public workshop participation, so she encourages the Commissioners to
take a look at the Study site. It is an area of study that the focus is obviously on the Dover Air
Force Base and the 5-mile area around the Base, which includes a large part of the City and also
areas within Kent County and several other municipalities. There is a Policy Committee and a
Technical Support Committee that are assisting the consultant team on this project as you can see
at the bottom on the flyer. It is related to the Department of Transportation, Century Engineering,
the University of Delaware, and a consultant that is specifically related to airport and airplane
functions; and this is a US Department of Defense funded study. She certainly encourages the
Commissioners to stay in the loop on that and as opportunities for public outreach happen, Staff
will certainly bring those to the Commission.
Update on Downtown Dover Strategic Master Plan
Mrs. Melson-Williams stated that on the meeting agenda they provided the webpage link for this
Master Plan. The Downtown Dover Partnership has a consultant team led by Mosaic
Development Partners that is working on this Study. It is a little bit more of a faster pace with the
Study hopefully to be completed by this Fall. There is an opportunity for a survey for you to
participate in and it’s in the packet. There is a QR Code that you can scan or you can certainly
find the information by visiting the website as well. They have had a pretty good response on the
survey and they are quite pleased with that but they are asking for your big ideas for Downtown.
They would love to hear them. There will be opportunities for some public participation in this
Study as well. They are still moving through stakeholder interviews and really focusing on what
we need to do to make Downtown Dover more vibrant once again. They are willing to listen to
just about anyone and what you think is a crazy idea because it might not be so crazy. If you
have any questions Staff can try to answer those.
Mr. Hartman encouraged everyone to please fill out the survey. One of the comments that he is
going to make is that the multiple websites that they have Downtown. When he asks a question
about something that is going on, he never hears back.
Mrs. Denney stated that she was so excited when she saw it that she completed it immediately.
She finds it exciting because when you go through years and years where you think, does
anybody really care. Because we are so focused on what’s wrong that it’s a good feeling to talk
about what would be right and exciting.
Mr. Hartman asked if they are actually going to look at the surveys. Responding to Mr. Hartman,
Mrs. Melson-Williams stated yes, they have actually been looking at them. There may be some
reporting on the early findings of the survey on the website. She has heard that the number of
people that completed the survey in the first week; they were amazed by it. They have been
hearing good things but that is through her position on the Downtown Dover Partnership Board
at the current moment because the City Planner is one of the named positions there. She
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CITY OF DOVER PLANNING COMMISSION JUNE 21, 2022
encourages you to be involved in your community and take a look at both of these studies and
opportunities to share.
Meeting adjourned at 8:46 PM.
Sincerely,
Kristen Mullaney
Secretary
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Christiana Executive Campus
Item 2.
121 Continental Drive, Suite 207
Newark, DE 19713
T: 302-655-4451
F: 302-654-2895
www.pennoni.com
August 02, 2022
PAI Project #PLAWX-19001
Members of City Council &
Members of Safety Advisory and Transportation Committee
City of Dover
c/o City Clerk via e-mail cityclerk@dover.de.us
RE: Raymond Street & Railroad Avenue Street Improvements
Design Waiver Requests – Planning Reference S-22-04
City of Dover, Kent County, Delaware
Dear Members of City Council & Members of Safety Advisory and Transportation Committee:
Pennoni Associates Inc. (Pennoni) represents Patel College Properties, LLC and Patel Excess College Road, LLC
(the Developer) in support of the Raymond Street & Railroad Avenue Street Improvements – Design Waiver
Requests Application (Planning Reference S-22-024). The Developer is requesting the following three (3)
waivers:
• Minimum Public Street Right-of-Way Width
• Maximum Length of a Dead-End Street (Cul-de-Sac)
• Sidewalks on Both Sides of a Public Street
This application was presented to the Planning Commission on March 21, 2022 where a unanimous
recommendation for approval was made. In addition, it was last presented to the Safety Advisory and
Transportation Committee on July 26, 2022, where neither a recommendation for approval nor denial was
made. At the request of the Developer, we are providing the following to summarize the existing conditions
and the three (3) waiver requests to further clarify the specifics of this application.
EXISTING CONDITIONS
(Please refer to “Exhibit #1 – Vicinity Map” and “Exhibit #2 – Public Right-of-Way Access” below”)
• The Developer owns property on the north side of College Road in the City of Dover (see magenta
shade on Exhibit #1)
• The property is surrounded by a railroad to the west, property owned by the State of Delaware to the
north, property owned by Delaware State University to the east, and private properties and existing
public right-of-way (e.g., Raymond Street) to the south
• The railroad to the west, lack of public access to the north and east, as well as environmental
constraints (100-year floodplain and wetlands associated with Fork Branch) require that access to the
subject property be from the south via Raymond Street
• A meeting was conducted with the Delaware Department of Transportation (DelDOT) and the City of
Dover several months ago to discuss site access
• DelDOT is requiring that access to the subject property from College Road be via Mishoe Street, which
has significant right-of-way and roadway corridor width, already has a dedicated left-turn lane in
College Road, and has adequate distance from the existing railroad crossing in College Road to allow
safe left-turn movements
• From College Road, access to the subject property is proposed to the north via Mishoe Street, to the
west via Raymond Street and then to the north via Railroad Avenue (see green shade on Exhibit #1)
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PAI Project #PLAWX-19001 August 02, 2022 Page 2
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
• The public right-of-way of Mishoe Street, Raymond Street, Grove Street and Railroad Avenue was
originally documented in an 1899 subdivision plat of “the College Settlement Company”
• Portions of this right-of-way are occupied by public streets maintained by the City of Dover or are
unimproved, meaning that they are only “paper streets”
• Over the years, many properties in the vicinity were annexed into the City of Dover but it was unclear
if the right-of-way was included
• At the direction of the Developer, Pennoni conducted an extensive property boundary and
topographic survey of the street network, subject property and properties abutting the public right-
of-way
• The Developer filed an Annexation Application to ensure that the right-of-way of Mishoe Street,
Raymond Street, Grove Street and Railroad Avenue were all within the City of Dover (see green shade
on Exhibit #1 and red hatch pattern on Exhibit #2)
• The public right-of-way associated with these streets (see red hatch pattern on Exhibit #2) is owned
by the City of Dover and no private citizen(s)
• The application went to Planning Commission in November 2021 and was referred to City Council on
December 13, 2021, where Ordinance #2021-23 was adopted for the annexation clarification of the
right-of-way of Raymond Street, Grove Street and Railroad Avenue
• There is an area of existing street improvements within Raymond Street that lie outside the limits of
public right-of-way and are on private property (Mishoe Cove Apartments) – see green shade on
Exhibit #2
Exhibit #1 – Vicinity Map
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PAI Project #PLAWX-19001 August 02, 2022 Page 3
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
Exhibit #2 – Public Right-of-Way Access
PROPOSED DEVELOPMENT
• The property is zoned RG-5 (General Residence Zone for Mid-Rise Apartments)
• While the Developer has not yet filed a Site Plan Application for the subject property, the intent is to
propose something that is by-right within the RG-5 zoning district
• As coordinated with the Department of Planning & Inspections, there are waivers to be sought to
optimize site access by locating entrances to the subject property adjacent to Railroad Avenue and
not Raymond Street (to minimize impacts to residents adjacent to Raymond Street)
• In addition, waivers are being requested to document existing non-conformities within public right-
of-way on adjacent properties not owned by the Developer
WAIVER REQUEST #1 – MINIMUM PUBLIC STREET RIGHT-OF-WAY WIDTH
(Please refer to “Exhibit #3 – Right-of-Way Width Waiver” below)
• The existing right-of-way width of Raymond Street and Railroad Avenue is thirty-five feet (35’)
• This right-of-way is owned by the City of Dover and no private citizen(s)
• Where streets have been constructed and accepted by the City of Dover, the City of Dover maintains
those streets
• This right-of-way was part of the Annexation Application filed by the Developer
• City of Dover standards require that public streets be within a minimum sixty-foot (60’) wide right-of-
way
• An additional twenty-five feet (25’) of right-of-way would be required to meet these standards
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PAI Project #PLAWX-19001 August 02, 2022 Page 4
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
• Where the Developer owns property adjacent to Raymond Street and Railroad Avenue, the Developer
will dedicate an additional twenty-five feet (25’) of property to be dedicated to public use (e.g., the
Developer will comply with City standards for minimum public street right-of-way where the
Developer owns the property to do so (see blue shade on Exhibit #3)
• The Developer is dedicating the additional twenty-five feet (25’) of right-of-way for a compliant plan
(see blue shade on Exhibit #3)
• An additional twenty-five feet (25’) of right-of-way for Raymond Street where it lies adjacent to
properties not owned by the Developer (e.g., Mishoe Cove Apartments Property) cannot be provided
unless dedicated by that respective private landowner (see red shade on Exhibit #3)
• It is our understanding that a waiver to maintain the thirty-five feet (35’) wide right-of-way for
Raymond Street adjacent to private property owned by others is not required to be procured by the
Developer, but is being requested by the Developer out of caution as it is an existing non-conformity
(on adjacent property not owned by the Developer)
• The City is not requiring that the adjacent property owners dedicate property to right-of-way since
their pre-existing conditions prevent them from doing so
• This waiver request was included at the direction of the Department of Planning & Inspections
Exhibit #3 – Right-of-Way Width Waiver
WAIVER REQUEST #2 – MAXIMUM LENGTH OF A DEAD-END STREET (CUL-DE-SAC)
(Please refer to “Exhibit #4 – Minimum Dead-End Street Length Waiver” and “Exhibit #5 – Alternative to Dead-
End Street Waiver Request” below)
• We are requesting a waiver from the maximum dead-end street length of four hundred feet (400’) –
the width will be fully compliant
• A dead-end street (cul-de-sac) approximately 738’ in length is being proposed so that multiple
ingress/egress points adjacent to Railroad Avenue can be provided for fire safety and vehicular
circulation purposes
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PAI Project #PLAWX-19001 August 02, 2022 Page 5
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
• The intent of this design is to locate the entrances for the subject property adjacent to Railroad
Avenue and not Raymond Street to limit impacts to residents on Raymond Street
• If this waiver is not granted, then one entrance will be proposed via Railroad Avenue and one entrance
will be proposed via Raymond Street (see bullet points related to alternative design below)
• The right-of-way width of Railroad Avenue is proposed continuously at sixty feet (60’) and is Code
compliant
• The corridor width of the roadway within Railroad Avenue is proposed continuously at twenty-four
feet (24’) and will be both compliant with the City Code and the Delaware State Fire Prevention
Regulations
• If on-street parking is requested by the City as part of the Site Plan Application, it will fit within the
proposed right-of-way and will be both compliant with the City Code and the Delaware State Fire
Prevention Regulations
• The twenty-four-foot (24’) roadway width meets and exceeds the minimum primary fire lane width
as stipulated by the Delaware State Fire Prevention Regulations
• An alternative to this design is illustrated in Exhibit #5 below
• The dead-end street length within Railroad Avenue can be limited to four hundred feet (400’) and a
second site access via Grove Street to the north of Raymond Street can be provided (see blue and
green hatch on Exhibit #5)
• The existing right-of-way width of Grove Street is also thirty-five feet (35’); however, the Developer
owns property to the west of Grove Street and the Developer can dedicate an additional twenty-five
feet (25’) of land to public use
• One site entrance/exit can be proposed adjacent to Railroad Avenue and one site entrance/exit can
be proposed adjacent to Raymond Street (Grove Street)
• This design results in a Code compliant plan without the requested waiver; however, this is not the
best layout, as it would present more of an impact to residents adjacent to Raymond Street
• The proposed waiver (with both entrances on Railroad Avenue) is the best design layout that limits
impact on residents
• The Developer did not pursue this alternative to alleviate traffic flow on the west side of the Mishoe
Cove Apartments Property, but can be pursued without the need for the requested waiver
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PAI Project #PLAWX-19001 August 02, 2022 Page 6
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
Exhibit #4 – Minimum Dead-End Street Length Waiver
Exhibit #5 – Alternative to Dead-End Street Waiver Request
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PAI Project #PLAWX-19001 August 02, 2022 Page 7
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
WAIVER REQUEST #3 – SIDEWALKS ON BOTH SIDES OF A PUBLIC STREET
(Please refer to “Exhibit #6 – Public Sidewalk Waiver” below)
• Please note that no existing sidewalks are being eliminated
• City of Dover standards require sidewalks on both sides of a public street
• The Developer is requesting a waiver to construct sidewalk on the east side of Railroad Avenue only,
on the side where development will be proposed and not the side where there is an existing railroad
(see green and red hatch on Exhibit #6)
• The west side of Railroad Avenue lies directly adjacent to a railroad and would be a “sidewalk to
nowhere”
• It was suggested by the Department of Planning & Inspections to not install this sidewalk
Exhibit #6 – Public Sidewalk Waiver
CONCLUSION
As detailed above, we are requesting design waivers that will optimize site access for future development on
the subject property and will minimize impacts to residents adjacent to Raymond Street. In addition, property
will be dedicated to public use by the Developer so that Code compliant right-of-way widths may be provided
where the Developer owns land adjacent to subject roadways. However, the Developer can provide a Code
compliant plan without procurement of the requested waivers. Waiver #1 (Minimum Public Street Right-of-
Way Width) is not needed for the Developer but for the benefit of adjacent property owners. The denial of
Waiver #2 (Maximum Length of a Dead-End Street (Cul-de-Sac)) will result in one entrance adjacent to Railroad
Avenue and one entrance adjacent to Raymond Street, and denial of Waiver #3 (Sidewalks on Both Sides of a
Public Street) would simply result in the Developer installing sidewalk adjacent to railroad tracks that do not
lead anywhere. As submitted, the Developer is seeking to implement the best site access design as discussed
with the Department of Planning & Inspections and the Delaware Department of Transportation.
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PAI Project #PLAWX-19001 August 02, 2022 Page 8
Raymond St./Railroad Ave. Street Improvements Design Waiver RequestsItem 2.
On behalf of the Developer, thank you for your consideration of this application. If you have any
questions/comments or require additional information, please do not hesitate to contact this office.
Respectfully submitted,
PENNONI ASSOCIATES INC.
Douglas D. Barry, PE
Associate Vice President
cc: Members of Planning Commission
Mr. David Hugg – City Manager
Ms. Dawn Melson-Williams – Principal Planner, Department of Planning & Inspections
Mr. Dominic Balascio – Patel College Properties, LLC
Mr. Gregory Rishel – Pennoni Associates Inc.
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Item 3.
MEMORANDUM
Department of Planning & Inspections
P.O. Box 475
Dover, Delaware 19903
Phone: 302.736.7196 Fax: 302.736.4217
DATE: August 5, 2022
TO: Planning Commission
FROM: Planning Office
SUBJECT: Update on Design Revisions of S-21-10 Modwash Car Wash at 1414 N DuPont
Highway, Dover DE
Background
On November 15, 2021, the Planning Commission reviewed and held a public hearing on Site
Development Plan S-21-10 Modwash Car Wash. The Site Development Plan Application was
approved for the construction of a 4,660 SF Car Wash facility and associated site improvements.
The project is located at 1414 N DuPont Highway which is located on west side of North DuPont
Highway, south of Rustic Lane. The property is zoned C-4 (Highway Commercial Zone) and is
subject to SWPOZ (Source Water Protection Overlay Zone): Tier 3 – Excellent Recharge Area).
The Site Plan was approved with the following Waiver:
1) Waiver Request – Elimination of Upright Curbing: The Planning Commission noted the
City Planner/Staff approval to eliminate the requirement for 6-inch upright curbing as
stipulated in Zoning Ordinance, Article 6 Section 3.6 (b). Staff’s approval to eliminate
the upright curbing requirement was determined due to the applicant’s statement that they
wished upright curbing to be reduced to 4-inches along interior drive-aisles and parking
areas in order to accommodate traffic circulation. The Applicant further noted the request
was to additionally allow for a depressed curb at the rear (west) of the Site to
accommodate Stormwater Management.
Plan Status as of August 5, 2022 – Update on Design Revisions
The applicant has been working diligently with Planning Staff and all other Reviewing Agencies
on working towards Final Plan Approval. Specifically, Planning Staff received a Check Print for
this Application to which further comments were issued to the applicant in June 2022. The
Applicant has further received revised comments per the Check Print review process from The
City of Dover Departments of Water/ Wastewater as well as Public Works, and have received a
Letter of No Objection from the City of Dover Fire Marshalls’ Office.
It is however during this Check Print review process, that the Delaware Department of
Transportation (DelDOT) requested an alternate driveway location (entrance/ exit) connecting
the site to North DuPont Highway. As noted in the Applicant’s Cover Letter of August 4, 2022,
25
Page 26
Memo to the Planning Commission: Design Revisions of S-21-10 Modwash Car Wash at 1414 N DuPont Highway Item 3.
Page 2 of 2
the Applicant has consequently flipped the Site layout to accommodate this request.
The Applicant has noted that this decision will not alter the square footage of the building or
other impervious surfaces on the Site. There is therefore no increase to site disturbance as
compared to the original Design Proposal. The Revised Plans are therefore coming before the
Planning Commission as a courtesy to advise the Commission of the alterations. No specific
action on this Application is required to be taken on the part of the Planning Commission.
Recommendations
Planning Staff is satisfied that the applicant has been diligently working towards achieving Final
Plan Approval and ensuring that all Reviewing Agencies are satisfied with the Plans. As neither
the scope of the building or overall impervious lot coverage is being increased, Planning Staff
recommended that they come before the Planning Commission to apprise them of their planned
changes as an item of Old Business. Once the Final Plan Approval is achieved, they will be
seeking the Building Permit to commence construction work as soon as possible.
Attachments:
• S-21-10 Original Application Submission: Sheet 4 (Site Plan) with Plan date of
September 29, 2021
• Notice of Decision Letter dated November 17, 2022 noting Planning Commission
Approval
• Cover Letter dated August 4, 2022 submitted with the Revised Plans and noting the
reasons for the design revisions.
• S-21-10 Revised Site Plans (17 Plan sheets in total)
26
Page 27
Item 3.
Architecture
NORTH DUPONT HIGHWAY Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
REVISIONS Date
No.
Designed BSP
Drawn BSP
Reviewed EFF
Xref (s): ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-01 ; BD2101507-01
Scale 1"=20'
Project No. 2101507
Date 09/29/2021
9/29/2021, SPALMER, G:\JOBS21\14\2101507\DWG\SP2101507-01.DWG.SP-1.
CAD File:
SP2101507-01
Title
SITE
PLAN
Sheet No.
SP-1
4 of 17
27
C 2021 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 28
Item 3.
An Employee-Owned Company
August 4, 2022
Ms. Dawn Melson-Williams
City of Dover
P.O. Box 475
Dover, DE 19903-0475
Re: Modwash Dover, DE – Revised Site Development Plan Set
1414 North Dupont Highway
Dover, DE 19901
File #: S-21-10
BL Project No. 2101507
Dear Ms. Melson-Williams:
BL Companies is pleased to submit a Revised Site Development Plan Set for proposed
Modwash Dover, DE Project at 1414 North Dupont Highway.
Included in this submission are the following items:
- Twelve (12) sets of “Site Development Plans,” sheets 1 to 17 of 17, prepared by BL
Companies Inc., dated 9/29/2021, last revised August 4, 2021 (half-size set).
- Three (3) completed copies of the Stormwater Management Report, last revised August
4, 2021.
- Electronic Submission of Project Documents & Plans has also been provided on the
enclosed flashdrive.
The referenced project has previously been reviewed by the City, however; the Applicant has
been coordinating with Delaware Department of Transportation (DelDOT) regarding the
driveway entrance onto North Dupont Highway and DelDOT has requested an alternate
driveway location. To accommodate DelDOT’s request, the proposed site layout was flipped.
There has been no change to the proposed use, proposed parking count, building size, or utility
layout.
We respectfully request to be placed on the agenda for the next regularly scheduled Planning
Commission Meeting for August 15, 2022. If you have any questions or require any additional
information, please do not hesitate to contact Liz Ennis of our office at (781) -619-9521 or email
at lennis@blcompanies.com.
Respectfully Submitted,
BL COMPANIES
Jose Lazo, P.E.
Project Manager
1100 First Avenue, Suite 104 ▪ King of Prussia, PA 19406 ▪ T (610) 337-3630 ▪ F (610) 337-3642 ▪ www.blcompanies.com
28
Page 29
Item 3.
APPROXIMATELY 800' TO NEAREST
INTERSECTION TO THE NORTHWEST
SITE DEVELOPMENT RU
ST
LA
IC
NE
SITE LOCATION PLANS D
UP
O
N
TH
IG
HW
M
AL
LB
LV
D
A
Y
(U
.S
.1
3)
APPROXIMATELY 650' TO NEAREST
INTERSECTION TO THE SOUTHEAST
SITE LOCATION
LOCATION MAP
MODWASH - DOVER VICINITY MAP
SCALE: 1"=1200'
1414 NORTH DUPONT HIGHWAY SCALE: 1"=400'
CITY OF DOVER, EAST DOVER HUNDRED
HkB
HkB
KENT COUNTY, DELAWARE 19901
LOCATION ID# 13822
HbA SITE LOCATION
HbA PREPARED FOR:
WocA HUTTON BUILD
FgcA
736 CHERRY STREET
FgcA
CHATTANOOGA, TN 37402
PREPARED BY:
SOILS MAP ARCHITECTURE
SCALE: 1"=200'
HkB - HAMBROOK-URBAN LAND COMPLEX, 0 TO 5 PERCENT SLOPES
ENGINEERING
ENVIRONMENTAL
WocA - WOODSTOWN LOAM, 0 TO 2 PERCENT SLOPES, MID-ATLANTIC COASTAL PLAIN
LAND SURVEYING
UTILITY INFORMATION
THE CONTRACTOR MUST CONTACT MISS UTILITY OF DELMARVA UNDERGROUND
UTILITY LOCATING SERVICE BEFORE EXCAVATION IN CONTRACT AREA. THE MISS
UTILITY OF DELMARVA NUMBER IS 1-800-282-8555. TICKET NUMBER 212211119.
1100 First Avenue, Suite 104 UTILITIES:
King Of Prussia, Pennsylvania 19406 CITY OF DOVER PUBLIC WORKS CHESAPEAKE UTILITIES
15 LOOCKERMAN PLAZA 32145 BEAVER RUN DRIVE
(610) 337-3630 DOVER, DE 19901 SALISBURY, MD 21804
(302) 736-7025 (410) 834-7330
(610) 337-3642 Fax
CITY OF DOVER ELECTRIC DEPARTMENT COMCAST CABLEVISION
5 EAST REED STREET 1580 N DUPONT HIGHWAY, STE 10
CERTIFICATION OF OWNERSHIP DOVER, DE 19901
(302) 736-7070
DOVER, DE 19901
(800) 266-2278
I _______________ HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY DESCRIBED AND SHOWN ON
THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO ME
BY ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE DEVELOPER/APPLICANT: OWNER:
LAWS AND REGULATIONS
HUTTON BUILD DOVER MILEX II, LLC
736 CHERRY STREET 911 TATNALL STREET
DOVER MILEX II, LLC DATE: CHATTANOOGA, TN 37402 WILMINGTON, DE 19801
CERTIFIED OWNER OF PROPERTY (423) 756-9267
CERTIFICATION OF PLAN ACCURACY DATES
I, JOSE LAZO, HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL ENGINEER WITH A BACKGROUND
IN CIVIL ENGINEERING IN THE STATE OF DELAWARE, THAT THE INFORMATION SHOWN HERON HAS BEEN
ISSUE DATE: SEPTEMBER 29, 2021
PREPARED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF REPRESENTS REVISION: APRIL 22, 2022
GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DELAWARE.
AUGUST 4, 2022
JOSE LAZO, P.E.
PROFESSIONAL ENGINEER WITH A BACKGROUND
04/22/2022
DATE: CV-1
IN CIVIL ENGINEER IN THE STATE OF DELAWARE 1 of 17
29
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 30
Item 3.
Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
“ ”
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
RESPONSE TO CITY COMMENTS
REVISED SITE LAYOUT
Date
REVISIONS
04/22/2022
08/04/2022
No.
1
2
Designed BSP
Drawn BSP
Reviewed EFF
Scale NONE
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\GN2101507-01.DWG.GN-1.
CAD File:
GN2101507-01
Title
GENERAL NOTES
Sheet No.
Xref (s): ; BD2101507-01
GN-1
2 of 17
30
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 31
Item 3.
NORTH DUPONT HIGHWAY Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
RESPONSE TO CITY COMMENTS
REVISED SITE LAYOUT
Date
REVISIONS
04/22/2022
08/04/2022
No.
1
Xref (s): ; BD2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-06 ; XC2101507-01_LOD
2
Designed BSP
Drawn BSP
Reviewed EFF
Scale 1"=20'
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\DM2101507-01.DWG.DM-1.
CAD File:
DM2101507-01
Title
DEMOLITION &
EXISTING
CONDITIONS PLAN
Sheet No.
DM-1
3 of 17
31
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 32
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\SP2101507-01.DWG.SP-1.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
NORTH DUPONT HIGHWAY
Xref (s): ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-01 ; BD2101507-01 ; XA210150701-MODWASH BASE ; XC2101507-01_LOD
REVISIONS
SITE Title Date
CAD File: Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No.
PLAN Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
SP2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
4 of 17 SP-1 EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
1"=20'
09/29/2021
EFF
2101507 BSP BSP
32 Item 3.
Page 33
Item 3.
Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
RESPONSE TO CITY COMMENTS
REVISED SITE LAYOUT
DETAIL A DETAIL B
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XA210150701-MODWASH BASE ; VACUM PUMP
TYPICAL METAL SIGN TYPICAL METAL SIGN
Date
REVISIONS
04/22/2022
DETAIL A DETAIL B 08/04/2022
HOLE LOCATION TYPICAL METAL SIGN No.
1
2
Designed BSP
Drawn BSP
Reviewed EFF
Scale AS SHOWN
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\DN2101507-01.DWG.DN-1.
CAD File:
DN2101507-01
Title
SITE DETAILS
STOP BAR DETAIL Sheet No.
DN-1
5 of 17
33
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 34
Item 3.
Architecture
NORTH DUPONT HIGHWAY Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
RESPONSE TO CITY COMMENTS
REVISED SITE LAYOUT
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XA210150701-MODWASH BASE ; VACUM PUMP
Date
REVISIONS
04/22/2022
08/04/2022
No.
1
2
Designed BSP
Drawn BSP
Reviewed EFF
Scale AS SHOWN
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\DN2101507-01.DWG.DN-2.
CAD File:
DN2101507-01
Title
SITE DETAILS
NOTES
1. DUMPSTER ENCLOSURE SHALL BE 7 FEET 0.5 INCHES TALL.
2. DUMPSTER ENCLOSURE MATERIAL SHALL BE HARDIE PANEL
VERTICAL SMOOTH SIDING OR APPROVED EQUAL. Sheet No.
DN-2
6 of 17
34
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 35
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\GD2101507-01.DWG.GD-1.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
PROPOSED BUILDING
GROSS AREA = 4,660 SF
FFE = 37.25±
NORTH DUPONT HIGHWAY
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-02 ; XA210150701-MODWASH BASE ; XC2101507-01_LOD
REVISIONS
Title Date
CAD File:
Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No. Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
GRADING AND
MODWASH - DOVER, DE Suite 104 Engineering
GD2101507-01
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
7 of 17
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
GD-1
DRAINAGE PLAN (610) 337-3642 Fax
1"=20'
09/29/2021
EFF
2101507 BSP BSP
35 Item 3.
Page 36
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\SU2101507-01.DWG.SU-1.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
PROPOSED BUILDING
GROSS AREA = 4,660 SF
FFE = 37.25±
NORTH DUPONT HIGHWAY
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-04 ; XC2101507-02 ; XA210150701-MODWASH BASE ; XC2101507-01_LOD
REVISIONS
SITE Title Date
CAD File: Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No.
UTILITIES Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
SU2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
PLAN Environmental
King of Prussia, PA 19406
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
8 of 17
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
SU-1
(610) 337-3642 Fax
1"=20'
09/29/2021
EFF
2101507 BSP BSP
36 Item 3.
Page 37
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\DN2101507-01.DWG.DN-3.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XA210150701-MODWASH BASE ; VACUM PUMP
REVISIONS
Title Date
CAD File:
Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No. Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
MODWASH - DOVER, DE Suite 104 Engineering
DN2101507-01
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
9 of 17
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
DN-3
(610) 337-3642 Fax
UTILITIES DETAILS
09/29/2021
EFF
2101507 AS SHOWN
BSP BSP
37 Item 3.
Page 38
Item 3.
Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
PARTS LIST
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
ITEM DESCRIPTION
1 6" x 4" Reducer Coupling
2 Vacuum Separator Universal w/10 Bags
3 Vacuum, Turbine 4" Kit
4 Vacuum, 25hp Producer w/Tank
3 5 Concrete Pad for Vacuum Producers
6 4" Schedule 40 PVC 90deg Elbow
7 4" Schedule 40 PVC Pipe
8 6" Coupler
9 Vacuum Separator Filter Bag 6inD x 32inL
8 10 Vacuum Separator Debris Cleanout Tank
2
4 5
7
6
1
2 Desc.
6" ALTERNATE
RESPONSE TO CITY COMMENTS
PORT
EXHAUST HOOD
w/MUFFLER KIT
REVISED SITE LAYOUT
9
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XA210150701-MODWASH BASE ; VACUM PUMP
Date
ALTERNATE INLET
REVISIONS
...FROM VACUUM STALLS 04/22/2022
08/04/2022
No.
1
2
Designed BSP
Drawn BSP
10
Reviewed EFF
Scale AS SHOWN
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\DN2101507-01.DWG.DN-4.
CAD File:
DN2101507-01
Title
UTILITIES DETAILS
Sheet No.
DN-4
10 of 17
38
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 39
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\LL2101507-01.DWG.LL-1.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
PROPOSED BUILDING
GROSS AREA = 4,660 SF
FFE = 37.25±
NORTH DUPONT HIGHWAY
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-02 ; XC2101507-03 ; XC2101507-04 ; XL2101507-01 ; XA210150701-MODWASH BASE
REVISIONS
Title Date
CAD File: Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No.
LANDSCAPING Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
LL2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
11 of 17 LL-1 PLAN EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
1"=20' LMW LMW
09/29/2021
EFF
2101507
39 Item 3.
Page 40
Item 3.
SEED MIX NOTES LANDSCAPE NOTES Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
ROOT FLARE DIAGRAM
MODWASH - DOVER, DE
”
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
EVERGREEN TREE PLANTING
GROUNDCOVER PLANTING
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-02 ; XC2101507-03 ; XC2101507-04 ; XL2101507-01 ; XA210150701-MODWASH BASE
Desc.
RESPONSE TO CITY COMMENTS
REVISED SITE LAYOUT
Date
REVISIONS
04/22/2022
08/04/2022
No.
1
2
Designed LMW
Drawn LMW
Reviewed EFF
Scale NONE
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\LL2101507-01.DWG.LL-2.
CAD File:
LL2101507-01
Title
LANDSCAPING
NOTES &
DETAILS
DECIDUOUS TREE PLANTING SHRUB PLANTING
Sheet No.
LL-2
12 of 17
40
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 41
Item 3.
Architecture
NORTH DUPONT HIGHWAY Luminaire Schedule
Symbol Qty
3
Label
SA
Description
COOPER #: PRV-C60-D-UNV-T4-BZ / MTD AT 25' AFG
LLF
0.900
Lum. Lumens
19984 Engineering
3 SB COOPER #: (2) PRV-C60-D-UNV-T5-BZ / MTD AT 25' AFG 0.900 21360
18 SC G & G LTG#: GPX4-SO / VACUUM MOUNT 0.800 2400 Environmental
3 SD COOPER #: AXCS1A-W / WALL MTD AT 9' AFG 0.900 1526
Land Surveying
Calculation Summary
Label CalcType Units Avg Max Min Avg/Min Max/Min
PARKING AREAS Illuminance Fc 4.46 11.5 1.5 2.97 7.67
PROPERTY LINE Illuminance Fc 0.27 0.8 0.0 N.A. N.A.
NOTE:
1. G & G FIXTURE PROVIDED BY SONNY'S.
2. LIGHTING FOR PROPOSED VACUUM BOOMS IS NEEDED AND PROVIDED PER PLAN. LIGHTS ARE
TO BE INSTALLED ON THE OVERHANGS OF THE VACUUM BOOMS. SEE LP-2 FOR LIGHTING
DETAILS AND DN-2 FOR OVERALL VACUUM BOOM DETAIL. 1100 First Avenue
3. ALL LIGHTING IS TO BE PURCHASED AND INSTALLED BY OTHERS. Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
Desc.
RESPONSE TO CITY COMMENTS
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XE2101507-01 ; XC2101507-04 ; XA210150701-MODWASH BASE
REVISED SITE LAYOUT
Date
REVISIONS
04/22/2022
08/04/2022
No.
1
2
Designed BSP
Drawn BSP
Reviewed EFF
Scale 1"=20'
Project No. 2101507
Date 09/29/2021
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\LP2101507-01.DWG.LP-1.
CAD File:
LP2101507-01
Title
LIGHTING
PLAN
Sheet No.
LP-1
13 of 17
41
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 42
Item 3.
Architecture
Engineering
Environmental
Land Surveying
1100 First Avenue
Suite 104
King of Prussia, PA 19406
(610) 994-4608
(610) 337-3642 Fax
1414 NORTH DUPONT HIGHWAY
MODWASH - DOVER, DE
EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
NOTE:
1. ALL LIGHTING IS TO BE PURCHASED AND INSTALLED BY OTHERS.
REFER TO POLE MANUFACTURER'S
DETAIL FOR BASE PLATE AND BOLT
PATTERN.
HANDHOLE AT
LEVELING NUTS & WASHERS BASE.
BELOW BASE PLATE.
WIRING AS SPECIFIED BY OTHERS.
GROUT.
CHAMFER AT TOP EDGE.
PROVIDE SELF LEVELING SEALANT
ABOVE EXPANSION JOINT AROUND BASE.
Desc.
CONDUIT TO PROJECT MINIMUM OF
3" ABOVE TOP OF BASE.
2'-0"
RESPONSE TO CITY COMMENTS
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XE2101507-01 ; XC2101507-04 ; XA210150701-MODWASH BASE
FINISHED GRADE.
REVISED SITE LAYOUT
#4 CU GROUND IN 1"
SCHEDULE 40 PVC CONDUIT. (4)-1"Øx40" ANCHOR RODS MIN. Date
REVISIONS
WITH NUTS AND WASHERS. REFER 04/22/2022
EXOTHERMIC BOND. TO POLE SHOP DRAWINGS FOR
08/04/2022
5' MIN. (ACTUAL EMBEDMENT BY DESIGN)
ACTUAL ANCHOR ROD SIZES AND
LENGTHS. No.
1
2
NOTES PROVIDE EMBEDDED PL.
1. CONCRETE POLE BASE DETAIL IS FOR WASHERS AND NUTS (TYP.).
ELECTRICAL FEATURES ONLY. REINFORCED CONCRETE BASE.
2. CONTRACTOR TO PROVIDE SHOP DRAWINGS Designed BSP
FOR REVIEW AND APPROVAL. #3 HORIZ. TIES. Drawn BSP
3. CONCRETE SHALL BE 4500 PSI COMPRESSIVE PROVIDE 3" CLEAR.
Reviewed EFF
STRENGTH.
(6)-#6 VERTICAL REBAR (MIN.), Scale AS SHOWN
4. ARRANGE CONDUITS SUCH THAT ALL WILL RUN
REFER TO SHOP DWG FOR
WITHIN POLE BASE OPENING. Project No. 2101507
ACTUAL SIZE.
5. CONCRETE SHALL BE CAST-IN-PLACE IN DRILLED Date 09/29/2021
EXCAVATION.
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\LP2101507-01.DWG.LP-2.
PVC SCHEDULE 80 CONDUIT WITH CAD File:
NYLON PULL ROPE. LP2101507-01
(SEE PLAN BY OTHERS FOR QUANTITY
AND SIZES). Title
5/8" X 10' DRIVEN LIGHTING
GROUND ROD.
24" DIA.
DETAILS
TYPICAL CONCRETE LIGHT POLE BASE DETAIL TYPICAL LUMINAIRE MOUNTING DETAIL
Sheet No.
LP-2
14 of 17
42
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Page 43
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\SS2101507-01.DWG.SS-1.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
PROPOSED BUILDING
GROSS AREA = 4,660 SF
FFE = 37.25±
NORTH DUPONT HIGHWAY
HkB
WocA
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-05 ; XC2101507-02 ; XC2101507-01_LOD ; XA210150701-MODWASH BASE
REVISIONS
Title Date
CAD File: Scale Drawn No. Date Desc.
SEDIMENT AND 1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
01/20/2022 REVISIONS PER KENT COUNTY SCD COMMENTS Architecture
Sheet No. Reviewed Designed
21. 08/04/2022 REVISED SITE LAYOUT
Project No.
SS2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
STORMWATER King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
15 of 17 SS-1 (610) 994-4608
PLAN EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
1"=20'
09/29/2021
EFF
2101507 BSP BSP
43 Item 3.
Page 44
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SEDIMENT AND EROSION CONTROL NOTES
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
.
OWNER'S CERTIFICATE
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-05 ; XC2101507-02 ; XC2101507-01_LOD ; XA210150701-MODWASH BASE
REVISIONS
Title Date
CAD File: Scale Drawn No. Date Desc.
1 04/22/2022 RESPONSE TO CITY COMMENTS 1100 First Avenue
Sheet No. Project No. Reviewed Designed
21. 01/20/2022
08/04/2022 REVISIONS
REVISED PER
SITE KENT COUNTY SCD COMMENTS
LAYOUT
Architecture
SEDIMENT AND
SS2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
(610) 994-4608
16 of 17 SS-2 EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
09/29/2021
EFF
STORMWATER NOTES 2101507 AS SHOWN
BSP BSP
44 Item 3.
Page 45
8/4/2022, TJOUBERT, G:\JOBS21\14\2101507\DWG\SS2101507-01.DWG.SS-3.
C 2022 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES.
Xref (s): ; BD2101507-01 ; XC2101507-01 ; ACAD-Vargo #21106 Dover DE-Model ; XC2101507-05 ; XC2101507-02 ; XC2101507-01_LOD ; XA210150701-MODWASH BASE
REVISIONS
Title Date
CAD File: Scale Drawn No. Date Desc.
SEDIMENT AND 1
1. 04/22/2022
01/20/2022 RESPONSE
REVISIONS TO
PERCITY COMMENTS
KENT COUNTY SCD COMMENTS 1100 First Avenue
Sheet No. Project No. Reviewed Designed
2 08/04/2022 REVISED SITE LAYOUT
Architecture
SS2101507-01 MODWASH - DOVER, DE Suite 104 Engineering
STORMWATER King of Prussia, PA 19406
Environmental
1414 NORTH DUPONT HIGHWAY Land Surveying
17 of 17 SS-3 (610) 994-4608
DETAILS EAST DOVER HUNDRED, CITY OF DOVER, KENT COUNTY, DELAWARE
(610) 337-3642 Fax
NONE EFF BSP BSP
09/29/2021 2101507
45 Item 3.
Page 46
Item 4.
By-Laws of the Planning Commission
of the City of Dover
Objectives
Section 1 The objectives and purposes of the Planning Commission of the City of Dover, Delaware, are
those set forth in Chapter 7, Title 22 of the Delaware Code annotated, and amendments, supplements,
thereto, and those powers and duties delegated to the Planning Commission by the City Council of the
City of Dover pursuant to state statute.
Powers, Duties and Procedures
Section 2 The duties, powers and procedures of the Planning Commission be as set forth in the following
documents:
(a) The resolution of the City Council establishing such Planning Commission;
(b) The Building Zone Ordinance as to matters relating to amendments to site plan approval;
(c) The Subdivision Regulations as to the review and approval of subdivision plats;
(d) As to the regulations set forth herein for all other matters for which the Commission has the
responsibility.
Officers
Section 3.1 The officers of the Planning Commission shall consist of a Chairman and Vice-Chairman.
Section 3.2 The Chairman shall preside at the meetings and hearings of the Planning Commission and
shall have the duties usually conferred upon a presiding officer. He shall continue to exercise the
prerogatives of an individual member of the Commission while performing the duties of presiding
officer.
Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman.
Recording and Corresponding Secretary
Section 4 The Commission shall appoint a Secretary who shall not be a member of the Commission or an
officer, and shall have the following duties and responsibilities:
(a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to
Commission members.
(b) Keep minutes of all meetings, and record of the Commission.
(c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc.
(d) Act as agent for the Commission in arranging for notice of public hearings and notifying
interested parties of Commission actions as authorized by the Commission.
Official Records
46
Page 47
Item 4.
Section 5 The City Clerk shall be the official custodian of the records of the Commission and shall make
them available to the public as provided by law. He may designate the office of the Secretary of the
Commission or the Planning Office as the place where such records shall be kept.
Elections of Officers
Section 6.1 The officers shall be elected by the Commission at the annual organization meeting which
shall be the regular scheduled meeting in July of each year. Election of officers shall be held by secret
ballot.
Section 6.2 A candidate receiving a majority vote of the entire membership of the Planning Commission
shall be declared elected and shall serve for one year or until his or her successor shall take office.
Section 6.3 Vacancies in offices shall be filled by the Commission at any scheduled or special meeting.
Section 6.4 The Chairman and Vice Chairman shall be limited to four consecutive one-year terms. A
former Chairman or Vice Chairman who has held four consecutive terms in such position may be elected
to that position after vacating the position for a period of one year.
Meetings
Section 7.1 The Commission shall hold one public meeting during each calendar month.
Section 7.2 The monthly meeting date for the coming year shall be established by a majority of the
Commission at its organization meeting of the year. The date of the public meeting can be changed
during the year by a majority of the Commission
Section 7.3 The Commission will receive all applications concerning matters within its jurisdiction only at
its public meetings. All times to be submitted for consideration at any public meeting shall be submitted
in complete and final form for Commission consideration not less than thirty days prior to said meeting.
No items submitted subsequent to this time shall be placed upon the Agenda except by a majority vote
of the Commission members present at such meeting. The official date of receipt of any matter
presented to the Commission shall be the date of the first public meeting at which such matter is
received for consideration. Any maximum time periods established by the Zoning Ordinance or other
local laws limiting the time for consideration of any matter by the Planning Commission shall commence
on such date of the receipt.
Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The Commission
may act on any matter by a majority vote of such quorum.
Section 7.5 All formal votes to record the decision of the Commission on any matter referred to it shall
be taken only by a quorum at a public meeting. By a majority vote of those members present the
Commission may convene in executive session. However, all formal votes to record the Commission’s
decision shall only be taken during periods in which such meetings are open to the public.
47
Page 48
Item 4.
Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission,
providing that not less than 24 hours notice by writing or telephone is given to each member of the
Commission. Such meetings shall be executive sessions at which no formal votes shall be taken.
Section 7.7 All public and special meetings shall be held in City Hall or other public facility with proper
public notification.
Agenda
Section 8 The Secretary shall prepare the proposed Agenda for each public meeting, with the Chairman
not less than ten days prior to the date of such meeting, and shall transmit a copy of the Agenda to each
Commission member on such date of preparation. No items will appear on such proposed Agenda
except those for which applications or written requests have been received not less than thirty days
prior to the date of the public monthly meeting as set forth in Section 7 above. The Commission may
amend the proposed Agenda by a majority vote of those members present.
Section 9.1 The order of business at public meetings shall be as follows:
(a) Roll Call.
(b) Adoption of Minutes of previous meetings.
(c) Approval of Agenda
(d) Communications
(e) Report of Officers and Committees
(f) Old Business
(g) New Business
(h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the
public.
Section 9.2 The order of business at special meetings shall be as determined by the Commission.
Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a brief
statement indicating the nature of each item on the Agenda, except that in the case of petitions,
applications and other matters presented by the public, such statement shall be made by the person
introducing the matter.
Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the records
of the Commission and shall be available to the public when duly adopted by the Commission.
Committees
Section 10.1 There may be a Subdivision Committee appointed by the Chairman with the approval of the
Commission at the annual organization meeting. It shall consist of three members who shall serve until
the next annual meeting. The Chairman may make appointments to bring the committee to full strength
in the event of temporary absence of committee members.
Section 10.2 Other Committees may be appointed by the Chairman from time to time with the approval
of the Commission.
48
Page 49
Item 4.
Public Hearings
Section 11.1 The Commission shall hold public hearings as required by statute and applicable ordinances
of the City. In addition to those required by law, the Commission may at its discretion hold public
hearing when it considers that such hearings will be in the public interest.
Amendments
Section 12 These By-Laws may be amended at any time by a majority vote of the entire membership of
the Commission.
Adopted September 15, 1959
Amended November 17, 1975
Amended March 16, 1981
Amended March 19, 1981
Amended June 17, 1991
Amended January 25, 1995
Amended April 26, 1995
Amended August 16, 2010
Amended August 20, 2018
49
Page 50
Item 5.
Appointment of the Architectural Review Oversight Subcommittee of
Planning Commission
As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the
Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The
following excerpt from the Zoning Ordinance is provided.
Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval.
2.28 Consideration shall be given to the physical orientation and architectural characteristics of
proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed
buildings, and their contributions to the overall image of the immediate vicinity by considering the
building and architectural design guidelines as set forth in article 5, section 19. Design characteristics
of proposed buildings and building additions shall not detract or devalue existing buildings in the
immediate vicinity.
(A) If the planning commission determines that the proposed physical orientation and
architectural characteristics of the proposed buildings do not meet the intent and objectives of
this section, then the planning commission shall refer the proposal to the architectural review
oversight subcommittee for review and comment.
(B) The subcommittee shall meet and review the proposal with the applicant, and return its
comments to the planning commission by the next regularly scheduled meeting.
(C) The architectural review oversight subcommittee shall be appointed by the commission at its
annual meeting, and membership shall consist of two planning commission members, and
two design professionals with experience in construction, and the mayor or the mayor's
designee. Two alternate design professionals with experience in construction shall also be
appointed.
At the July 19, 2021 Meeting of the Planning Commission, the following individuals were
appointed to the Architectural Review Oversight Subcommittee of Planning Commission.
o Kathleen Welsh, Planning Commission member
o Kenneth Roach, Planning Commission member
o Mayor or Mayor’s designee
The Planning Commission at their July 19, 2021 also acted regarding the appointment two
Design Professional members to the Subcommittee pending confirmation of their availability.
Planning Staff was directed to confirm their availability and to report back to the Planning
Commission. No other Design Professionals as Alternates were appointed. Their availability was
confirmed by Planning Staff and reported at the September 20, 2021 Planning Commission
Meeting.
o Dr. R.J. Chandler, Faculty member of Architecture program at DelTech Community
College, Design Professional
o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional
The Planning Commission as part of their Annual Meeting must act to appoint the
membership of the Architectural Review Oversight Subcommittee.
Selection for Architectural Review Oversight Subcommittee of the Planning Commission Summary for 8-2022 50