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Page 1
CITY OF DOVER, DELAWARE
PLANNING COMMISSION
Monday, March 18, 2024 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 and VIRTUAL MEETING NOTICE
The Planning Commission Meeting for March 18, 2024 will be held as an In-Person Meeting at City Hall
in City Council Chambers. The public is welcome to attend in person. The Meeting will also be provided
as a Virtual Meeting using WebEx, an audio video 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 March 18, 2024
Join by Phone Dial: 1-650-479-3208
Access code: 253 040 72545 (Password: 3683772)
Join Online: https://bit.ly/PCMeeting3062024
Webinar Number: 2530 407 2545
Webinar Password: DoverPC
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 Minutes of February 20, 2024
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PLANNING COMMISSION – March 18, 2024 PAGE 2
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Planning Commission regular meeting date is Monday, April 15, 2024
at 7:00pm.
Update on City Council Actions
Department of Planning & Inspections Updates
Projects and Studies
2. Dover Downtown Development District Public Workshop – March 19, 2024, 4:00PM to
6:00PM (with Presentations at 4:30PM and 5:30PM) at Dover Public Library, 35 Loockerman
Plaza
Education and Training Opportunities
3. The following course is offered by the University of Delaware Institute for Public
Administration. Contact the Planning Office for registration.
• Freedom of Information Act (FOIA) and Ethics for Local Officials - March 20, 2024,
9:00AM to Noon at Kent County Levy Court Building, 555 S Bay Rd, Dover.
OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS
OLD BUSINESS
Request Extension of Planning Commission Approval
4. S-22-03 Restaurant at 801 North State Street – Review of Request for a One-Year Extension
of the Planning Commission conditional approval granted on March 21, 2022 of a Site
Development Plan Application for the construction of a 7,681 SF Restaurant with outdoor
patio dining and associated site improvements. The property is zoned C-2A (Limited Central
Commercial Zone). The property consists of 1.943 acres (84,637.08 SF) and is located on the
east side of North State Street, southwest of Lepore Drive. The property is bordered by Silver
Lake to the south. The owner of record is Lopez Kent County, LLC. Property Address: 801
South State Street. Tax Parcel Number: ED-05-068.09-01-13.00-000. Council District 3.
5. S-22-04 Raymond Street and Railroad Avenue Street Improvements – Review of Request for a
One-Year Extension of Planning Commission conditional approval granted on March 21, 2022
of a Site Development Plan Application for the proposed construction of street improvements
in the Rights-of-Way of Raymond Street and Railroad Avenue. Improvements consist of paved
roadways, curbing, sidewalks, and utility infrastructure (water, sewer, and stormwater
drainage). Raymond Street is proposed to be extended west as a 24 ft. paved width roadway to
intersect with Railroad Avenue. Railroad Avenue is proposed to be constructed as a 24 ft.
paved width roadway extending to the north ending in a cul-de-sac. Portions of the
surrounding property totaling 0.61 acres and owned by Patel College Properties LLC and Patel
Excess College Road LLC are being dedicated to the City of Dover for the expansion of Right-
of-Way. The area is located north of College Road and east of the Lands of the Delaware
Railroad. Public Right-of-Way to be dedicated to City of Dover. Property Address: Rights-of-
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PLANNING COMMISSION – March 18, 2024 PAGE 3
way in the vicinity of Tax Parcels: ED-05-067.00-02-53.00-000 and ED-05-067.00-02-56.00-
000. Council District 4.
NEW APPLICATIONS
6. S-24-03 Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy Commons) at 101-
1001 Cassidy Drive – Public Hearing and Review of a Site Development Plan Application to
permit construction of six (6) 9,950 square foot manufacturing/warehouse buildings (in
addition to the four (4) already constructed) to be divided into smaller tenant spaces with other
site improvements. The property of 10 acres ± is zoned M (Manufacturing Zone) and is subject
to the AEOZ (Airport Environs Overlay Zone): APZ I and Noise Zones A and B. The property
is located on the south side of Lafferty Lane west of Horsepond Road along a private drive
known as Cassidy Drive. Property owned by Delmarva Land Holdings, LLC. Property
Address: 101-1001 Cassidy Drive. Tax Parcel: ED-05-077.00-01-28.04-000. Council District 2.
Waiver Requests: Elimination of Upright Curbing, Elimination of Bicycle Parking, Partial
Elimination of Sidewalks, and Consideration of Performance Standards Review Application.
This site was most recently subject to Application C-21-01 which was approved by the
Planning Commission on January 19, 2021, but Final Plan Approval was not achieved, and the
Plan has expired. The initial four buildings were constructed under C-11-04 M & L Ventures at
Lafferty Lane.
NEW BUSINESS
ADJOURN
Posted Agenda: March 8, 2024
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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CITY OF DOVER PLANNING COMMISSION
FEBRUARY 20, 2024
The Meeting of the City of Dover Planning Commission was held on Tuesday, February 20,
2024 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system
WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members
present were Mr. Cooper, Mr. Roach (virtual), Mr. Witham, Mr. Baldwin, Mr. Reaves, Mrs.
Welsh (virtual), and Mrs. Maucher. Mrs. Denney and Dr. Jones were absent.
Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason
Lyon (virtual), and Mrs. Kristen Mullaney.
APPROVAL OF AGENDA
Mrs. Welsh moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion
was carried 7-0 with Mrs. Denney and Dr. Jones absent.
APPROVAL OF MEETING MINUTES OF JANUARY 16, 2024
Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of January 16, 2024,
seconded by Mr. Baldwin and the motion was carried 7-0 with Mrs. Denney and Dr. Jones
absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, March 18, 2024, at 7:00PM in the City Hall Council Chambers.
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on January 22 & 23, 2024 and February 12 & 13, 2024.
Mrs. Melson-Williams stated that we do continue to have a number of positions that are open, as
do a number of other City Departments. Check out the City’s website about opportunities if you
know of someone who may be qualified and looking for a position with the City of Dover.
Mrs. Melson-Williams stated that included in the packet was a series of education and training
opportunities for Planning Commission members. There are two upcoming courses that are
offered by the University of Delaware’s Institute for Public Administration. If you are interested
in attending, please reach out to the Planning Office and they can get you registered. There is one
session tomorrow which is an “Intro to Land Use Administration” that is scheduled for tomorrow
morning at the Kent County Levy Court Building. There is one coming up on March 20, 2024,
that is related to “Freedom of Information Act (FOIA) and Ethics for Local Officials”. If you are
interested in either one, please reach out to the Planning Staff.
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
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
Requests for Extensions of Planning Commission Approval: None
NEW APPLICATIONS
MI-24-01 Comprehensive Plan Amendment 2024 - Consideration of Amendment to Map 12-1:
Land Development Plan Map - Public Hearing and Review for Recommendation to City Council
on an Amendment to the 2019 Comprehensive Plan with consideration of a request for
amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of the
property located at 1079 Silver Lake Boulevard. The Request is to revise the Land Use
Classification from Office to Mixed Use on Map 12-1: Land Development Plan Map. The
property is located at the eastern terminus of Silver Lake Boulevard. Property Owner: Dover
Federal Credit Union and equitable owner Charles Chiang. Property Address: 1079 Silver Lake
Boulevard. Tax Parcel: ED-05-067.12-02-04.00-000. This is associated with Rezoning
Application Z-24-02. Ordinance #2024-03. Council District 4. The First Reading of the
Proposed Ordinance was held on January 22, 2024 and Public Hearings were scheduled for
Planning Commission on February 20, 2024 and City Council on March 11, 2024.
Representative: Mr. Kyle Burchard, Mountain Consulting
Mrs. Melson-Willaims stated that this application is a Comprehensive Plan Amendment for the
consideration of an amendment to Map 12-1: Land Development Plan. It is regarding a specific
property and that is the property at 1079 Silver Lake Boulevard. It is located at the terminus of
Silver Lake Boulevard. You can see on the Exhibit Map; the property location is shown in
yellow. Each year, there is an opportunity for individuals to ask for amendments to our
Comprehensive Plan. That filing deadline happens in December of each calendar year and then
begins a review process in early January. The first step with a Comprehensive Plan Amendment
is actually submission of the amendment request through the Preliminary Land Use Services
review process. That review process for this application happened on January 24, 2024. We did
receive the comments as a result of that meeting today. They have been provided both
electronically and in hard copy to our Planning Commission members on their desks this
evening. Those comments show in general, no objections to the request with some guidance
about future development on the property should that occur. This request for Comprehensive
Plan Amendment makes a change to what is known at the Land Development Plan Map. This is
a very colorful map that shows various land use categories throughout the City for all properties.
This location currently has a land use classification of Office. It is shown in a brown color. They
are proposing to make that land use classification Mixed Use. You can see on the Exhibit image
the current designation and then proposed designation. With the Comprehensive Plan, the Land
Development Plan identifies the land use categories and actually includes portions of the text of
the Comprehensive Plan that talks about the goals of each of those land use categories. The
Planning Commission was provided excerpts from the Comprehensive Plan focused on Office
Parks related to its current land use classification and then the goals of the Mixed-Use land use
category. With this location, the proposed change is to a Mixed-Use land use category that then
presents a series of different opportunities for zoning of the property which is the accompanying
application that we will address in a few moments. Tonight, the Planning Commission will be
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
making a recommendation in regards to this Comprehensive Plan Amendment. It will then go to
its own separate hearing with City Council for final action. As part of the Development Advisory
Committee Report, the Planning Staff has provided a recommendation for this Comprehensive
Plan Amendment. They are in support of the change of the land use classification to Mixed Use,
finding that they feel it’s consistent with the development of the immediate area. They see a mix
of use activities: office, institutional, and residential along this corridor. The Mixed Use land use
category offers a broader range of zoning districts in the long run that would include that mix of
commercial and residential. The change would also allow consideration of future zoning
classifications that broaden the commercial uses of the property to include more of the retail and
service sectors than what its current zoning would allow. We do note that the property is adjacent
to Silver Lake and there are provisions of Zoning Ordinance ultimately that will help protect the
lake, because there are provisions related to stormwater management, required buffers from the
lake and the flood plain and wetland areas, and also other opportunities for improvement of
public access to the lake.
Mr. Burchard stated that the application for this Comprehensive Plan Amendment change is very
well versed already in the record. He does not have anything more to add to it at this time.
Mrs. Maucher opened the public hearing.
Mr. Edward Dougherty – 937 Silver Lake Boulevard Dover, DE 19901
Mr. Dougherty stated that he is part of the Board for Silver Lake Townhouses. One of the first
things that he noticed with your map is that it was inaccurate. Going back to the first map shows
a block of land that is blank and shouldn’t be there. The school is right next to the development
that went in about five years ago. He doesn’t know what that land is there because the parking lot
for the school is adjacent to that development. There is no parking lot there indicated for the
nursing home that is there or for the bank that is on the right. He doesn’t know why that is all
missing. That really drives his point home that the density situation for that cul-de-sac is hardly a
corridor at all because it’s a dead-end. If you are going to change the zoning there, you are going
to have more people coming up and down that highway. They just fixed the bridge there but they
did not put fences on either side of the bridge; so, that is sort of an indication that we don’t really
need more traffic coming up and down that highway. Also, when they put the units in; there are
about 64 units there which is a lot of families living in those units. Already, he walks his dog up
and down Silver Lake Boulevard and the 25 MPH speed limit is not being adhered to. Again,
with more cars, that would cause a little more of a safety issue. Along with that, the natural area
is constantly used by wildlife and that would be eliminated by any kind of building there. Can
anyone tell him why that area is all blanked out? Responding to Mr. Dougherty, Mrs. Melson-
Williams stated that the map (that is shown on the screen) does not show the improvements on
each of the adjacent parcels. What it is showing is a parcel map. The lines that you see are the
public street network and then also the boundaries of the individual properties. It does not show
the parking lot areas nor is it intended to do so. It is basically our Zoning Map. You can see that
there are little letters that are on it and that is all that it is really intended to show is the property
line boundaries and then the boundaries of the Zoning Map.
Mr. Dougherty asked if Mrs. Melson-Williams indicated that the Planning Commission has
already agreed to do this or is in favor of it? Responding to Mr. Dougherty, Mrs. Melson-
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Williams stated that the Planning Staff has recommended approval of the Comprehensive Plan
Amendment which is the first step for this project. The Planning Commission, this evening, will
make a recommendation. Then City Council will have their own hearing and they are the final
acting body that takes action on this request. At this point, we have one recommendation and
then the Planning Commission this evening will be making a recommendation as well.
Mr. Reaves stated that this property is currently zoned as Office. If this property was developed
as office space, would that still interfere with what your concern is? Responding to Mr. Reaves,
Mr. Dougherty stated that he is not opposed to the original zoning; it’s the change. He really
doesn’t understand what they mean by Mixed Use. What is it going to be? What’s the plan? That
is his concern.
Resident – unknown name and address
Resident stated that she had a few questions on the Mixed Use for Silver Lake Boulevard. Mixed
use, commercial and residential; are there restrictions? What type of commercial and residential
are being considered? Are there restrictions on the commercial use? What type of residential
components are we talking about? Is this a home ownership? Are these rentals? Is this federally
funded housing? What are the details that are being considered? Responding to the Resident,
Mrs. Melson-Williams stated that this request for Mixed Use is a land use category. It is a
category that then allows consideration of a number of different zoning districts. The zoning
districts themselves is where you find the allowable uses. The uses could be a variety of
commercial uses and/or residential uses. The Zoning Ordinance does not prescribe the type or
form of ownership. That is not something that this Commission can regulate; whether it’s
homeownership, rental or any kind of income targeted project. It is a land use category that is a
vision piece of the Comprehensive Plan. The goals for Mixed Use areas are to focus on a mix of
activities; both commercial and residential. It’s neighborhood centers. It could be areas that are
pedestrian friendly and that have a streetscape and provide services in a general area. But it is a
focus on a mix of uses; both commercial and residential.
Resident stated that it sounds like you don’t have details on the uses which would leave the
community kind of open on being able to make a sound decision on whether they support or
don’t support what type of commercial uses directly affecting the community at large and what
type of housing could affect homeowners in the area. Details are just very important in a
Comprehensive Plan. She understands that there is a mix of zonings to create and promote
activity in the community which is always great but she guesses somewhere down the line,
details would be needed to make a sound decision on whether one would support the project.
Responding to the Resident, Mrs. Melson-Williams stated that would be correct. For the
Comprehensive Plan Amendment, it is kind of a vision piece. Their associated application for
Rezoning does identify a specific zoning district and then we can discuss the types of uses that
would be allowed in that zoning district. There is a variety that could still fit that Mixed Use
category. But they will be requesting a specific one and that is the next application to be
considered this evening.
Ms. Niko Brady – resident at Silver Lake Townhomes
They asked in the chat online if further details would be provided regarding the plan for Mixed
Use. Will this include housing or restaurants?
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
Ms. Brady stated that the statement that Mrs. Melson-Williams just made does answer the
questions that she had. It sounds like the next item on the agenda will address more of the zoning
items, which will provide more detail.
Mrs. Maucher closed the public hearing.
Mr. Reaves stated that in reference to Page 3 of the Green Mountain (Mountain Consulting)
proposal, the statement of consistency with the goals of the Comprehensive Plan, could Mr.
Burchard speak to clarification for the Commission and the audience, just a little bit about what
your goals are here. Responding to Mr. Reaves, Mr. Burchard stated that the goals of this
application are to make the land more malleable for a mix of uses. There will be additional steps
in this process which will require the more detailed review of plans that have not been developed
for review by the Commission and for public hearing. There is a shortage of details at the zoning
level of things. He understands that that’s the case.
Mr. Reaves stated that in your statement it talks about providing far more local community
benefits, benefits to residents as this being a service to the residents, and how that was shaping
for this project. Responding to Mr. Reaves, Mr. Burchard stated that the vision is to make this
somewhat of a more neighborhood community central type of place. The exact form of that is
not yet set, but it is the intent to bring together uses that are complimentary to themselves within
the development as well as the use of the neighborhood and the community.
Mr. Witham stated that he recognizes that this is the first step in the process of a multi-stage
planning consideration for whatever project you intend to develop. Some of the questions that
you may hear may be appropriate for later on. But have you or the owner consulted with those
entities, either public or private with respect to what your goals are in the area? Who have you
reached out to, to talk about your goals for the property? Responding to Mr. Witham, Mr.
Burchard asked if he was asking if there are some groups within the local community that have
been reached out to, to see that the goals of the development are in line with that local
community? There has been an interest in reaching out to the community at the zoning level.
They received advice that at that level, it’s not appropriate to try to bring forth details and
resolutions and to work through that with the local community ahead of that zoning step. Given
that there are numerous steps in the development process as you have mentioned that are yet to
be, that have to get scrutinized and worked out, and engineered and designed. That’s how we
approached it. In a way, there is some catch-22 to be able to move forward with the time,
expense, the design consideration, the interactions to understand what are the details that serve
the community and also the development. They have to get through a rezoning step. The
limitation of the existing zoning as Office precludes any more versatile function of the land to
the benefit of the community other than office. So, Office was just seemingly curtailing the
ability to make that type of development possible.
Mr. Witham moved to recommend approval to City Council for MI-24-01 Comprehensive Plan
Amendment 2024 - Consideration of Amendment to Map 12-1: Land Development Plan Map for
the reasons set forth on the record and in the Planner’s comments, seconded by Mr. Reaves and
the motion was carried 7-0 by roll call vote with Mrs. Denney and Dr. Jones absent. Mr. Witham
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
voting yes. Mr. Baldwin voting yes. Mr. Reaves voting yes; for reasons stated previously. Mrs.
Welsh voting yes; it is in compliance with the Comprehensive Plan. Mr. Cooper voting yes;
based on Staff recommendations. Mr. Roach voting yes. Mrs. Maucher voting yes; based on Staff
recommendation.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard - Public Hearing
and Review for Recommendation to City Council of a Rezoning application for a parcel of land
consisting of 5.04 acres+/-. The property is zoned CPO (Commercial Professional Office
Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). The property is
located at the eastern terminus of Silver Lake Boulevard. Property Owner: Dover Federal Credit
Union and equitable owner Charles Chiang. Property Address: 1079 Silver Lake Boulevard. Tax
Parcel: ED-05-067.12-02-04.00-000. This is associated with Comprehensive Plan Amendment
Application MI-24-01. Ordinance #2024-04. Council District 4. The First Reading of the
Proposed Ordinance was held on January 22, 2024 and Public Hearings were scheduled for
Planning Commission on February 20, 2024 and City Council on March 11, 2024.
Representative: Mr. Burchard, Mountain Consulting
Mrs. Melson-Williams stated that this is the associated request for Rezoning of the property as
the lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard. The property is just
over five acres in size and is presently a vacant tract of land. The current zoning is CPO
(Commercial Professional Office Zone) and the proposed zoning classification is C-2A (Limited
Central Commercial Zone). With this, the Planning Commission will be making a
recommendation on the Rezoning which will be forwarded to City Council for their own public
hearing and final action. We do find a vacant tract of land at the terminus of Silver Lake
Boulevard. Surrounding this property are a number of different zoning districts that already exist.
Its neighbor, where the assisted living facility is located is zoned IO (Institutional and Office
Zone) and a little further west, the Middle School also has that zoning classification. To its south
is the Dover Federal Credit Union property that is zoned CPO (Commercial Professional Office
Zone). There is an existing office building there. As you move back along Silver Lake
Boulevard, you come to the residential areas. One of which is zoned RM-1 (Medium Density
Residence Zone) and that is a townhouse community. Across the street from that is another
townhouse community zoned RG-3 (Group Housing Zone) and it has also areas of ROS
(Recreational and Open Space Zone) covering its open space areas. As you continue on Silver
Lake Boulevard, you then come again into areas that are zoned CPO (Commercial Professional
Office Zone). That is where we see a number of office buildings as you approach Walker Road.
With the recommendation that was just made regarding the Comprehensive Plan and its land use
category, the land use category of Mixed Use allows for a variety of different zoning
classifications to be considered. One of which is the C-2A (Limited Central Commercial Zone).
That zoning district has a mix of opportunities for uses that is presented here on screen and also
in the Review Report. The C-2A (Limited Central Commercial Zone) would allow such uses as
retail stores, a variety of offices, personal service establishments, restaurants, other service
establishments, hotels, places of public assembly, and drive throughs. On the residential side, it
allows for one family residences and that would be attached and semi-detached (things like
duplexes and townhouses). Also, it allows for apartments and other multi-family dwellings.
Additionally in the C-2A (Limited Central Commercial Zone) through a Conditional Use
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process, there are several uses that could potentially be allowed but would require an additional
review process in order to be considered. Those include parking lots, parking structures, and fuel
pumps accessory to a permitted use. All uses are to occur within enclosed buildings and a
Rezoning request does not lock them into any one particular use that is in this list nor can it. The
development of the property would be subject to a site development plan review process. This is
just the zoning map amendment. For the zoning map amendment, the Planning Commission has
to consider three factors. First, what are the uses permitted by the proposed change? Would they
be compatible with existing uses and zones in the area? Second, whether there are adequate
public services and infrastructure that exist or can be created or expanded to serve the needs of
any future demand. Third, whether the change is in accordance with the City’s Comprehensive
Plan. The Planning Staff has made a recommendation in regard to this Rezoning request. They
find that the C-2A (Limited Central Commercial Zone) offers a mix of uses, both commercial
and residential in nature and would be compatible with the Comprehensive Plan in that Mixed
Use land use category. There are a variety of uses even though they fall in different zones in this
area both on the commercial and residential side. When we look at the current zoning of CPO
(Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone), there
is the Bulk Standards Table. They are fairly comparable, but the Planning Staff does note that the
C-2A (Limited Central Commercial Zone) would allow for a perhaps taller and denser
development plan in the end. It certainly opens the door to a broader mix of uses that would be
allowed than the property’s current zoning. From a transportation standpoint, there are certainly
a variety of transportation modes and opportunities with this property. Staff notes that any
development would have special consideration given to this property’s proximity to Silver Lake.
In the DAC Report, the other agencies provided initial comments and those are basically that
there are no objections to the proposed Rezoning; and they offered some guidance for forward
thinking regarding any future development of the site.
Mr. Burchard stated that that synopsis is very thorough and complete, especially as it mentions
that this is not approving any specific use at this time but rather allows for the consideration of a
mix of uses that would not previously be possible with the zoning as it was. The intent of the
applicant is to work within the community to provide amenities that will benefit the community
as well as provide additional services within the character of the C-2A (Limited Central
Commercial Zone).
Mr. Reaves asked the applicant to explain the reason for choosing C-2A (Limited Central
Commercial Zone) as opposed to C-1A (Limited Commercial Zone). Responding to Mr. Reaves,
Mr. Burchard stated that he doesn’t have the C-1A (Limited Commercial Zone) zoning
characteristics. He could get back to him on that. He could pull it up and try to describe that.
Mrs. Maucher stated that she used to work on Silver Lake Boulevard and there is one way in and
one way out. There is a mention on Page 4 of your letter regarding access through the
Department of Public Works for a secondary access. Responding to Mrs. Maucher, Mr. Burchard
stated that is correct. Not knowing fully what the design will be or the requirements of traffic,
parking and so on for the uses that will be there, they mention that that may be a possibility of a
need. It’s a speculation but we are just trying to say that they aren’t sure what that mix of uses
will require from traffic which also will have to be reviewed by the City, Department of
Transportation as well as DelDOT. Perhaps it is not an appropriate comment to make in that
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application just because it’s introducing an uncertainty. Anything that would be done would have
to be approved.
Mrs. Maucher stated that the only other access would be to go through the parking lot of the
nursing home over to the school and then up. Responding to Mrs. Maucher, Mr. Burchard stated
that what he meant to say in that statement is simply that there is an access at the nursing home
entrance that is existing. It certainly needs to be improved and possibly reworked. The only other
access being considered would be a second point of access onto the cul-de-sac itself. There is no
other means of access. All would be on Silver Lake Boulevard.
Mrs. Maucher stated that they wouldn’t try to connect to the elementary school and it would still
remain one way in and one way out on Walker Road. Responding to Mrs. Maucher, Mr.
Burchard stated that is correct, on Walker Road to Silver Lake Boulevard.
Mrs. Melson-Williams stated that going back to the question of the C-1A (Limited Commercial
Zone) versus the C-2A (Limited Central Commercial Zone). The C-1A (Limited Commercial
Zone) uses are somewhat similar. There are certain uses that are not allowed in the C-1A
(Limited Commercial Zone) that we do find in the C-2A (Limited Central Commercial Zone).
Those would include hotels, places of public assembly and drive throughs are a Conditional Use
in the C-1A (Limited Commercial Zone). There are specific uses that are prohibited and that
would be associated with fuel pumps and motor vehicle storage, sales, or repairs that we find in
those prohibitions in the C-1A (Limited Commercial Zone). The bigger difference comes in the
line of the bulk standards for that zone and that is going to be differences in things like maximum
height and setbacks from property lines.
Mr. Burchard stated that he is looking for the table specifically of the bulk standards because he
does believe that is what made the difference in the request between C-1A (Limited Commercial
Zone) and C-2A (Limited Central Commercial Zone).
Mr. Reaves stated that with regards to the Comprehensive Plan, this development for C-2A
(Limited Central Commercial Zone) is supposed to be along major roadways. Which at this time,
he doesn’t see Silver Lake Boulevard being a major roadway to classify for the C-2A (Limited
Central Commercial Zone). However, another concern with the C-2A (Limited Central
Commercial Zone) is the limitation or the expansion of fuel pumps in this particular
development. He just had a concern to understand if in your plan of Mixed Use that this is
something that you are considering or would you be satisfied with the C-1A (Limited
Commercial Zone) which would give you pretty much the same elements of the Mixed Use with
regard to having those restrictions. Responding to Mr. Reaves, Mr. Burchard stated that there is
no plan for fuel pumps of any sort. The difference is in the bulk standards; the C-1A (Limited
Commercial Zone) limits to two stories and 30 feet which is more limiting than what the desired
use of the property would be.
Mrs. Maucher opened the public hearing.
Resident – unknown name and address
The resident stated that she would like clarity on the process. At what point in the process will
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
they have more transparency or transparency at all about the planned project? Responding to the
resident, Mrs. Melson-Williams stated that the Rezoning process is that it sets the zoning district.
The zoning district then gives a list of uses that potentially could occur on the property. The
detail of any development of that property would be a separate Site Development Plan
Application review process subject to its own public hearing.
Mrs. Maucher closed the public hearing.
Mr. Witham stated that with C-2A (Limited Central Commercial Zone), it talks about in the
permitted uses and conditional uses under 14.2. When you deal with the bulk standards as well as
the potential use of a fuel pump which is under 14.2, it has to be an accessory to a permitted use.
But under 14.3 it says “all permitted uses and storage accessory there to other than off-street
parking, shall be carried on buildings fully enclosing all sides.” Does that mean that a fuel pump
would have to be fully enclosed in a building? Responding to Mr. Witham, Mrs. Melson-
Williams stated that Mr. Witham’s question is about two portions of the Code where it allows
consideration of fuel pumps as a Conditional Use, but then also notes that uses should be within
enclosed buildings. She would say that they have not interpreted that a gas pump would have to
be physically enclosed in a building. Typically we see some type of canopy structure over top of
it but have not seen that. That statement is in other parts of our Code where fuel pumps are
allowed. She doesn’t think that they have interpreted that to be a condition of their placement. It
could be considered an outdoor sales area as part of its review.
Mr. Witham stated that he thinks his hang up is on fuel pumps because if you define fuel pump
as a pump to pump fuel into a car is one thing but fuel pumps could also be interpreted as a
storage tank in an enclosed building for the purpose of blowing up balloons by helium. That may
take a pump to do that so that could be a storage pump inside of a building. He would hope that
somewhere we do define what we refer to as “fuel pumps”.
Mr. Reaves stated that with regards to the major roadway. Is Silver Lake Boulevard to be
considered a major roadway? Responding to Mr. Reaves, Mrs. Melson-Williams asked if he was
referencing some of Comprehensive Plan when asking that question.
Mr. Reaves stated that was correct. For the C-2A (Limited Central Commercial Zone), it states
that these should be along a major roadway. Responding to Mr. Reaves, Mrs. Melson-Williams
stated that is a portion of the Comprehensive Plan that’s part of the goals for the Mixed Use land
use category. She would say that the Silver Lake Boulevard is probably considered more of a
local street or a collector street. The closest larger roadway is likely considered to be Walker
Road. But the definition of “major roadway” is not outlined in the Comprehensive Plan in that
goals statement.
Mr. Baldwin moved to recommend approval to City Council for application Z-24-02 Lands of
Dover Federal Credit Union at 1079 Silver Lake Boulevard, seconded by Mr. Witham and the
motion was carried 5-2 by roll call vote with Mrs. Denney and Dr. Jones absent. Mr. Baldwin
voting yes; it is consistent with the current land use in the area. Mr. Reaves voting no; for
concern with the major roadway and also with the C-2A (Limited Central Commercial Zone)
which allows for the fuel pumps. Mrs. Welsh voting yes; the request for the proposed zoning is in
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
compliance with the Comprehensive Plan. Mr. Cooper voting yes; for reasons stated. Mr. Roach
voting yes; he hopes that they continue to reach out to the community to try in getting their input
in regards to whatever their desired plan is. Mr. Witham voting yes; he is concerned about the
access as raised by Mr. Reaves. Perhaps that can be dealt with in a future application. It is in
compliance with the Comprehensive Plan and for the reasons set forth by our Planning Office.
Mrs. Maucher voting no; she does have concerns about the access off of Walker Road in the
event of an accident or some other formality. There is increased density back in that area. She
thinks it is not consistent with the rest of the surrounding communities.
MI-23-04 Text Amendments: C-2 (Central Commercial Zone) Use and Standards - Public
Hearing and Review for Recommendation to City Council of a series of Text Amendments to the
Zoning Ordinance provisions of the C-2 (Central Commercial Zone) and related development
provisions. In the Zoning Ordinance, Article 3 – District Regulations, Section 13. Central
commercial zone (C-2) and Article 4 Section 4.14, these amendments revise the permitted uses
and the conditional uses, add design standards, and revise the bulk standards for height and floor
area ratio (FAR) of the C-2 (Central Commercial Zone). The proposed revisions to other sections
of the Zoning Ordinance are related to Dumpsters in Article 5 Section 6; related to parking
requirements in Article 6 Section 3.1; and to define Live-work unit in Article 12 - Definitions.
Ordinance #2024-01. First Reading was held by City Council on January 22, 2024 where the
Public Hearing dates were set for Planning Commission on February 20, 2024 and City Council
on March 11, 2024. These text amendments are offered for consideration as part of the
implementation of the Transforming Downtown Dover: Capital City 2030 (Transforming
Downtown Dover) Plan.
Representative: None
Mrs. Melson-Williams stated that this application is a request for amendments to the Zoning
Ordinance text itself. It is primarily focused on the provisions of the C-2 (Central Commercial
Zone) and then also some related development provisions. It is file number MI-23-04 because it
started its life back in 2023. The Ordinance that is before you is Ordinance #2024-01 with the
Legislative, Finance, and Administration Committee Amendment #1 incorporated in it. First, she
wants to give some history about this project that we brought forth for a series of Text
Amendments. There is a Transforming Downtown Dover Capital City 2030 Plan and this one of
the kind of steps in looking to implement portions of that Plan. That Plan was done by a
consultant for the Downtown Dover Partnership and looks at ways to revitalize Downtown
Dover. As a result of that, back in the Spring of last year there was a Work Group that was
created predominantly of City Staff to focus looking at potential Code changes to make that
future redevelopment happen here in Downtown. There were other participants as well. After
some research and looking at what other jurisdictions do, we did in October 2023 hold some
stakeholder meetings specifically with a series of business interests like Realtors, engineers,
developers and others. And a Walk-in Workshop for the public was held where we presented a
series of potential changes to get their initial feedback on that before they started writing any
kind of Code because writing Code is a big project within itself. There were a series of
presentation boards and they reported that information to the Legislative, Finance, and
Administration Committee of City Council in late October. At that point, the suggested changes
were just a table of concepts. We included that Table in the packet. It gave kind of what the
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
current Code existed as and then some recommended thoughts on concepts for how to revise
that. With the changes at that point in time, we classified them into a series of four topic areas;
those being uses, building height, parking and then miscellaneous items. There is a whole series
of those that they actually presented very clearly as concepts. The Legislative, Finance, and
Administration Committee took a look at those and then recommended that Staff move forward
and actually draft the Text Amendments. There are some concepts there that they did not address
in this first round of Text Amendments if you are comparing the chart with what our proposed
Draft Ordinance looks like. That proposed Draft Ordinance was presented to the Council
Committee in early January and what it turned out to be was a series of revisions to the C-2
(Central Commercial Zone) and then also some of the regulations related to how development
activity works. That Committee did have its own discussion and heard some comments regarding
that. They did recommend that the Ordinance move forward to First Reading; however, they
asked Staff to look at the step back provisions that they were initially proposing. The proposed
Ordinance coming out of that Committee does include a revision to that step back provision. She
wants to quickly go through the highlights of what the proposed changes are. First, in the C-2
(Central Commercial Zone) they are looking at a number of changes to the uses that would be
allowed in that zone. Those that are highlighted in blue are the new additions. In some cases it
expands and clarifies existing uses that are there. In other cases it moves things that were once
Conditional Uses to the permitted use list. Specifically, it adds the term “live-work units” and
that is a definition that they had to include in our definitions section. Then there is a limitation on
the size of manufacturing related uses that the smaller scale kind of craftwork types of
manufacturing would be something that would be allowed in the C-2 (Central Commercial
Zone). The second area is looking at the Conditional Uses for the C-2 (Central Commercial
Zone). As she noted, there are a number of them that went from being a conditional use to a
permitted use and then on the manufacturing side, they made it clear that any manufacturing type
of establishment that was over 5,000 SF in floor area would have to be a conditional use request.
The next highlighted piece is related to the addition of design standards for the C-2 (Central
Commercial Zone). These are related to putting in place some things related to the form of a
building related to its main façade, focusing on height and the stepping back of upper floors
above the fourth floor. This is where that provision of stepping back was added because of the
proposal to increase the maximum height in the C-2 (Central Commercial Zone) from six stories
to ten stories and from a height of seventy-five (75) feet to a height of one hundred twenty-five
(125) feet and also the floor area ratio. In trying to balance the opportunity for that increased
height, these design standards were identified. The key one that they want to highlight here is the
height one that requires a stepping back of the upper floors once you get above the fourth floor.
People tend to refer to this as the wedding cake form. It is a stepping back provision that would
be applied to the primary façade of the building, meaning the façade that faces the street. With
the provision, it basically says that once you are above that fourth story that you step back six
feet for at least 50% of the width of that primary façade. For floors five and six, you would have
to step back six feet. If your building was taller than that, so floors seven, eight and nine would
have an additional step back of six feet on that primary façade. They felt that that stepping back
was needed to help maintain compatibility with the character of the area. A lot of what we find
here existing in the C-2 (Central Commercial Zone) is also in the Historic District Zone and their
guidelines suggest stepping back of the upper floors because most of the buildings that we see in
Downtown Dover are in the range of two to three stories with some higher four or five stories in
certain insistences. The next component of the C-2 (Central Commercial Zone) that she wants to
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
highlight, is that they really looked at what else is involved in looking at development in the
Downtown. One of those is related to dealing with dumpsters. So, they looked at their dumpster
provisions and are suggesting that the requirements be simplified. Right now, it gives a laundry
list of different types of uses and what those dumpster requirements would be. But what we were
finding is a lot of times in development, they know how many they are going to need and they
would end of just reserving those additional spaces. We are simplifying that process. The list as
proposed would say that for apartment complexes that have more than ten units, you have a
specific number of dumpsters and then for other non-residential uses there is a separate
calculation for dumpster requirements. They also add provisions that allow for alternative
solutions. They find that often times, storage and collection of trash and recycling at certain
properties has to be thought about creatively given either the operations of the facility or the
access to limited land area to have an outdoor storage location for dumpster. The other
component that we looked at for making changes is related to parking. Right now, if you were
building within the C-2 (Central Commercial Zone) and you were going into an existing building
you would not have a parking requirement; however, if you were to build new in the C-2
(Central Commercial Zone), you would be subject to a parking requirement based on uses. That
can be complicated when it comes to dealing with parking requirements in an area where you are
trying to reach density. There may be other opportunities for parking considerations or
alternative modes of travel. What we are proposing in this amendment is that there be an
exemption in the Code for new construction that would be occurring in the Downtown
Redevelopment Target Area. That is an area of Downtown that is basically from the Silver
Lake/Saint Jones River towards the railroad tracks and basically from the hospital to just slightly
north of the DSU Downtown Campus. Within that Downtown Redevelopment Target Area
which is specifically defined in the main part of the Dover Code, there would be no minimum
parking requirements based on use. However, to use that exemption, you would have to define
your parking strategy in a statement as part of the review process. You could basically look to
provide some space on your property, work out collaborative parking arrangements, or other
modes of transportation to adequately serve your use. What they were hearing from the
developer side is that they have a better sense of what they need to build for parking. They are
obviously going to want to keep their tenants and will provide parking at a rate that satisfies their
tenants. They wanted to give in this Downtown Area, a specific opportunity for them to tell us
and it would be part of the process to consider how they were going to approach parking. With
this Text Amendment as a package of Text Amendments, the Planning Commission will conduct
a public hearing and make a recommendation on the package and then City Council will have its
own hearing and take action on the Ordinance itself. Planning Staff did provide a
recommendation of the proposed Ordinance. They were the drafters of the Ordinance. They do
feel that it is part of efforts to implement the Transforming Downtown Dover Plan and it should
be considered as part of the economic development strategies here in Downtown Dover and the
other parts of the City where it would then apply, specifically related to dumpsters and some of
the parking requirement provisions that are currently found in our Code. When we are doing an
amendment to the Zoning Ordinance, the City Planner had to as part of their report, identify if
the change is consistent with the aims and principles embodied in the Ordinance as to the zones
of concern. The primary zone here is the C-2 (Central Commercial Zone) and whether the
proposed amendment is consistent with the aims of the Comprehensive Plan for the City. Those
same two factors are things that the Planning Commission should consider when looking at these
proposed Text Amendments.
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
Mr. Witham stated that the proposal refers to most of the Downtown area being C-2 (Central
Commercial Zone). What other zones are contained in that area? Responding to Mr. Witham,
Mrs. Melson-Williams stated that the Downtown for the most part along Loockerman Street is
zoned C-2 (Central Commercial Zone). As you start to move away from that or along areas such
as State Street, you get into the RGO (Residence General Office Zone) and then other more
residential areas. The other zone that we do see is IO (Institutional and Office Zone). For
example, where City Hall and the Library are located and then the Capital Complex falls into
that zone. Primarily, their focus was the C-2 (Central Commercial Zone) which was the series of
areas that really focus on the Downtown core and that is the core along Loockerman Street.
Mr. Witham asked if these Text Amendments would affect all zones besides the C-2 (Central
Commercial Zone). Responding to Mr. Witham, Mrs. Melson-Williams stated that there are
certain provisions that only amend the provisions for the C-2 (Central Commercial Zone). Those
that would apply a little more broadly are the proposed amendment to Article 5 Section 6 which
is related to dumpsters. That would apply citywide across all zones and then the provisions in
Article 6 Section 3.1 about the off-street parking uses. There are areas that are within the
Redevelopment Target Area that are not zoned C-2 (Central Commercial Zone); so, it would
apply in that particular area. It is not something that would apply citywide.
Mrs. Maucher opened the public hearing.
Mr. Todd Stonesifer – 115 N State Street Dover, DE 19901
Mr. Stonesifer stated that he is the Chairperson of the Downtown Dover Partnership’s Board of
Directors. As Mrs. Melson-Williams mentioned earlier, we commissioned for a study to be
completed over the course of 2022. That study has given us the Transforming Dover 2030 Plan.
If you haven’t seen it, it is a piece of art work and he would suggest that you look at it. In that
Plan, they talk about the revitalization of Downtown through higher density and residential. The
idea being ultimately that we put more bodies on the street, those bodies want a more walkable
community and those bodies be ultimately become greater foot traffic which will increase the
demand for services such as restaurants and boutique shops among others which will revitalize
the Downtown. In order to create this density, part of the plan recognized that there are some
challenges in the C-2 (Central Commercial Zone) as it is currently written. He has to commend
the work of the City Planning Department working through these changes, requests and
amendments and being short staffed at that. So, thank you so much to that Department. They are
in full support of these changes. They believe that doing the same thing will result in the same as
what we see now. We have to do something different and this is the first of many steps. Through
this Plan, we have developed great partnerships with everyone from the County, the City and
even as far up as the Governor’s Office. Hopefully, you have seen some press that the
Governor’s Office and its administration is supporting these efforts to the tune of about $25
million dollars of investment. When our Plan is successful, we expect $500 million in private
investment in our Downtown. Economic development will be a huge win. He can entertain any
questions. There are plenty of others that he recognizes in the room that will also be here to
speak as well as several online.
Mr. Zach Prebula – Business Developer for Kent Economic Partnership
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
Mr. Prebula stated that they are the Economic Development Organization for Kent County. They
stand in favor of this proposed Text Amendment for C-2 (Central Commercial Zone),
particularly the ones with setbacks and the parking requirements. They believe that these
adjustments will play a pivotal role in revitalizing the Downtown area and attracting developers,
residents and companies to the area which will help revitalize Downtown. Therefore, they do ask
that the Planning Commission please approve this and allow this to move forward.
Mr. Tom Kramedas – Business Owner
Mr. Kramedas stated that he is here representing a group that consists of Frank DiMondi,
himself, and Mike Glick from Lighthouse Construction. They are the group that has the Post
Office under contract here in Dover. They are in the early stages of design and are working on
doing a retail and apartment component to this facility and looking forward to revitalizing it.
They feel that this C-2 (Central Commercial Zone) change will help them possibly add more
apartments to that complex. It is very early so they don’t know how many they can actually get
out of it, but this will definitely be a positive and they would ask for full support for this change.
Mr. Jonathan Street – Becker Morgan Group (virtual participant)
Mr. Street wrote in the chat online: “If I don’t make it, please let the record state that I apologize
that I couldn’t be with you in person tonight or virtually. As a Dover resident and an employee in
the Downtown area, a member of the Historic District Commission, a member of the Downtown
Dover Partnership Executive Committee and Board, and as a volunteer to assisted Staff with the
drafting of the Ordinance, he is in favor of the zoning changes. As such, much needed
adjustment to the Zoning Ordinance will benefit the Downtown. He hopes that the Commission
makes a favorable recommendation to Council.
Mr. Chris Hankins – Colonial Parking, Wilmington DE
Mr. Hankins stated that he is here tonight to speak in support of the Text Amendments regarding
the minimum parking requirements. Waiving those minimum parking requirements in this
targeted area is going to allow developers to right size the parking for their particular projects.
That means that it’s going to make development more economically feasible and spur
development. It’s going to prevent the over-building of parking and that’s going to foster and
support a walkable Downtown. He thinks that these are really good changes overall, in particular
the change to the parking requirement. This is not just happening in Dover; it’s something that
City’s across the Country are looking at and making changes to their minimum parking
requirements if not waiving them. He thinks that it’s going to be very beneficial to Downtown
Dover to make this change.
Mr. Adam DiSabatino – EDiS Company
Mr. DiSabatino stated that he is just attending tonight for this specific Text Amendment to share
support. They are working with EDiS Company that is based in Delaware and has offices up and
down the State. They have seen benefits of these adjustments to communities and increasing
really that walkability to the communities. So, he just wants to state his support of the Text
Amendment.
Mr. Donny Legans – Rail Haus Beer Garden
Mr. Legans stated that he is in full support of the Text Amendment for everything that has
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
already been mentioned. This is just going to spur development. He really appreciates that the
City of Dover is looking at these changes to really push it forward in this target area Downtown.
With him being on the other side of development and having a parking minimum, he can assure
you that whatever that parking minimum was, it wasn’t enough for Rail Haus. So even then, the
parking minimum wouldn’t have worked for them at all. It helps developers be creative to work
with their neighbors to work on other solutions. He is in full support of these amendments for
dumpsters and everything that you have mentioned in really pushing Dover forward.
Mr. Greg Reaves – Mosaic Development Partners
Mr. Greg Reaves stated that he is part of the lead team that wrote the Plan along with many
members of the community, including people in the room. They certainly support these change.
Both working with the community and with neighbors understanding really what the impact is in
the Downtown District. They actually do quite a bit of this work and were the co-developers for
the Philadelphia Navy Yard as well. They do large scale development throughout the region and
the parking issue is an issue that certainly needed to be addressed and he thinks that they are
doing it in a really comprehensive way. It has been recently supported by the Governor and the
Governor’s Office in terms of the creation of a mobility hub. That is moving forward in a really
great way. With respect to the buildings and setbacks, they thought it was really important to be
able to provide developers with the flexibility of density but also respecting the historic
community as it stands. Most historic buildings in the neighborhood rise around two or three
stories and they really didn’t want buildings, even though there are some taller buildings there
now, to overwhelm that condition. They really wanted it to compliment. The only one thing that
he did notice in the zoning was when they deal with construction types. This is a Zoning
Ordinance that would change to ten stories and above six stories, there is a second setback. The
only consideration that he would ask the Commission to think about is construction types;
particularly IIIA construction is still in wood. Today, you can actually build seven stories in
wood. That would be a 5/2 Type I construction with two stories and five stories of wood. To do a
second setback for one story on the seventh floor might be something that just wouldn’t make
sense. He would just use that as a consideration but with that exception, he thinks the approach
that was taken by the Planning Commission and the group that wrote this modified plan with
these changes, it’s really a great step forward.
Mrs. Melson-Williams stated that included in the Planning Commission packet was a series of
public comments that they had received to date. She will highlight those comments for reference.
There were two sets of comments received during the Council Committee of Whole: Legislative,
Finance and Administration Committee review process. One of which was a letter dated January
8, 2024 from the Downtown Dover Partnership that noted their support of the changes and they
suggest a change to the step back provisions that were proposed back at that point. They did take
that under consideration and the Committee did as well. Likewise, there was an email received
on January 9, 2024 from Mr. Donny Legans noting his agreement with the proposed changes to
the parking requirements and you heard again from him this evening. The other comments that
were received was an email dated January 29, 2024 from Mr. John Childress of Mosaic
Development Partners that also works with Mr. Greg Reaves who we just heard from. That email
included a letter dated January 26, 2024 from WZG Structural Consulting Engineers, Inc. The
Legislative, Finance and Administration Committee in their discussions had some concerns
about the engineering of such a “step back” and this letter focuses on a little bit more of the
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CITY OF DOVER PLANNING COMMISSION FEBRUARY 20, 2024
technical side of construction when it comes to stepping back of building elements. But basically
in the long run, there are ways to engineer structurally that stepping back. It may cost a little
more and require some different approaches to structure but from an engineering standpoint, it is
doable.
Mrs. Maucher closed the public hearing.
Mr. Mark Reaves (Planning Commissioner) stated that he would like to say thank you to the
Planning Staff for the comprehensive, meticulous and detailed application and briefing to the
Commission with regards to this file number MI-23-04. He doesn’t think they say it often
enough but what the Planning Staff does for the Commission is really commendable.
Mr. Witham stated that as a former member of the Downtown Parking Authority and Chair of
that Authority many years ago, he welcomes these changes to the City of Dover Text
Amendments. He does appreciate the hard work that has everyone has worked on with respect to
this, particularly the Planning Staff and all other interested agencies who have added their
comments today.
Mr. Witham moved to recommend approval to City Council for application MI-23-04 Text
Amendments: C-2 (Central Commercial Zone) Use and Standards for the reasons set forth in the
record by all concerned, seconded by Mr. Mark Reaves and the motion was carried 7-0 by roll
call vote with Mrs. Denney and Dr. Jones absent. Mr. Witham voting yes. Mr. Baldwin voting
yes. Mr. Reaves voting yes; for the reasons previously stated. Mrs. Welsh voting yes; for reasons
stated in all of the comments throughout the meeting and that it’s a good and productive issue
being reconciled. Mr. Cooper voting yes; he would also like to echo the thank you for everyone’s
hard work to put this together. He thinks it is well needed and he thinks that it will do a lot of
good. Mr. Roach voting yes; he wants to thank everybody for coming out and their comments. He
thinks it’s a very good change and hopefully continues to have our little City continue to grow
and be greater and better. Mrs. Maucher voting yes; for reasons stated.
NEW BUSINESS
Meeting adjourned at 8:57 PM.
Sincerely,
Kristen Mullaney
Secretary
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Page 20
Dover Downtown Development District
Public Workshop
Join the City of Dover for a public workshop
and presentations regarding the Downtown
Development District renewal application.
When: Tuesday, March 19, 2024
4:00 pm to 6:00 pm
Presentations at 4:30 pm and 5:30 pm
Where: Dover Public Library,
35 Loockerman Plaza, Dover, DE
19901
Come out to learn about the first ten years of
the program and provide feedback on the
updated District Plan.
Questions?
Email: annmarie.townshend@rossitg.com
Page 21
The Institute for Public Administration presents
Freedom of Information Act (FOIA)
and Ethics for Local Officials
COURSE INSTRUCTOR COURSE INSTRUCTOR
Max Walton, Esq. Deborah Moreau, Esq.
Partner Legal Counsel, Delaware
Connolly Gallagher, LLP Public Integrity Commission
MARCH 20, 2024 This training will provide information for all officials
dedicated to ensuring open, transparent, and honest
government with a focus on local government.
9:00 a.m. to NOON
Check-in begins at 8:30 a.m.
Attendees will be provided with a comprehensive
review of the most significant provisions in the
Delaware Freedom of Information Act (FOIA) along
Kent County Levy Court with examples of how certain FOIA issues have been
555 S Bay Rd, Dover, DE 19901 addressed or resolved by officials in the past.
Attendees will also discuss ethical issues that confront
$55 Registration Fee local officials on a regular basis in their public and
Includes refreshments private lives.
This session qualifies for credit toward the Certificate
in Local Government Leadership and the Certificate
for Planning Education.
Register Online Contact Sean O’Neill (oneill@udel.edu) with questions
about this event.
www.bidenschool.udel.edu/
ipa/events/upcoming
Page 22
From: Michael Glick
To: Melson-Williams, Dawn
Subject: EXTERNAL: Final Plan Approval S-22-03 El Azteca
Date: Friday, March 08, 2024 12:37:53 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Ms. Melson-Williams,
As a follow-up to our request for extension of Application S-22-03 El Azteca located at 801
North State Street, please consider this written notice formal request for a 1 year extension
to approval. The applicant was challenged with the extensive riparian buffer and ROW
work associated with this project, the applicant required additional time to plan for the
totality of the project. Please let me know if you require any additional documentation
regarding this matter.
Thank you!
Mike
***
G. Michael Glick
President
Lighthouse Construction, Inc.
Lighthouse Realty Management
MacLeish Group
302.677.1965 x105
www.LHConstruction.com
Page 23
PARKWAY LAW, LLC
3171 duPont Parkway, Suite B (302) 449-0400 Office
P.O. Box 1016 (302) 449-0422 Fax
Middletown, DE 19709 brian@parkway-law.com
March 8, 2024
Delivery Via Email to DMelson@dover.de.us
City of Dover Planning Department
Attn: Dawn Melson-Williams, AICP, Interim City Planner/Building Inspector
P. O. Box 475
Dover, DE 19903
Re: Notice of Planning Commission Action
Site Development Plan Application S-22-04 Raymond Street and Railroad
Avenue Street Improvements, Dover DE
Tax Parcels: Rights-of-Way in the vicinity of ED-05-067.00-02-53.00-000 and
ED-05-067.00-02-56.00-000
Dear Ms. Melson-Williams:
This office represents the Property Owner and Developer of the above-described Site
Development Plan. As you know, this application was approved by the Planning Commission on
March 21, 2022. At this time, we respectfully request that this approval be extended for an
additional twelve (12) months under Zoning Ordinance, Article 10 Section 2.43. In addition, we
respectfully request that this matter be considered at the next Planning Commission meeting on
March 18, 2024. In support of this request, we wish to advise the Planning Commission of the
reasons for the requested extension.
As you may be aware, this Site Development has been subject to litigation
following the various approvals issued by the Planning Commission. There are presently three
(3) active court cases being litigated in the Superior Court of the State of Delaware regarding the
Property in question, as captioned below:
(1) K23A-07-002 JJC; Wilma Mishoe and The Apartments at Mishoe Cove, L.L.C.
v. City of Dover Planning Commission and Jemm Investors.
(2) K23A-10-001 JJC; Wilma Mishoe and The Apartments at Mishoe Cove, L.L.C. v.
City of Dover Mayor; City of Dover City Council; City of Dover Board of
Adjustment; Patel College Properties LLC and Patel Excess College Properties
LLC.
Page 24
City of Dover Planning Commission
March 8, 2024
Page 2
____________________
(3) K23C-12-014 JJC; Wilma Mishoe and The Apartments at Mishoe Cove, L.L.C.
v. City of Dover Mayor; City of Dover City Council; City of Dover Planning
Commission; Nicholas Rodriguez, Esq.; Patel College Properties LLC and Patel
Excess College Properties LLC.
All delays are due to reasons beyond my client’s control. None of the above-referenced
litigation was initiated by my client. The litigation and surrounding disputes have severely
restricted my client’s ability to move forward with the Application. Additionally, there have been
no known substantial changes to the surrounding neighborhood, no known related amendments
to the zoning map or text, or the comprehensive plan and no known waivers or variances have
been granted.
Please accept this formal request to extend the Planning Commission approval for this
Application for a period of twelve (12) months at the Commission’s next meeting on March 18,
2024. The applicants and this office sincerely appreciate the Commission and its staff’s time in
reviewing and considering our request. Should your office require anything else regarding this
request please don’t hesitate to reach out to this office.
Yours truly,
Brian T. Riggin
Brian T. Riggin, Esq.
BTR
CC: Dominic Balascio, Esq., Parkway Law LLC
Gregory Rishel, PLA, Pennoni Associates, Inc.
Douglas Barry, Pennoni Associates, Inc.
Page 25
City of Dover
DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW
DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 6, 2024
PLANNING COMMISSION MEETING OF March 18, 2024
Plan Title: S-24-03 Delmarva Land Holdings, LLC Warehouse Buildings
(Cassidy Commons) at 101-1001 Cassidy Drive
Plan Type: Site Development Plan
Location: South side of Lafferty Lane west of Horsepond Road along a
private drive known as Cassidy Drive
Address: 101-1001 Cassidy Drive
Tax Parcel: ED-05-077.00-01-28.04-000
Owner: Delmarva Land Holdings, LLC
Site Area: 9.99 acres +/-
Zoning: M (Manufacturing)
AEOZ (Airport Environs Overlay Zone)
APZ I (Accident Potential Zone I)
Noise Zone A
Noise Zone B
Current Use: 4 existing buildings with tenant spaces for various users (wholesale
storage, warehouses, manufacturing, building contractors)
Proposed Use: 6 additional warehouse buildings for tenant space
Parking: Required: 125
Existing: 52
Additional Proposed: 78
Total for the site: 130
Water and Sewer: City of Dover
Waiver Requests: Partial Elimination of Upright Curbing
Partial Elimination of Sidewalks
Elimination of Bicycle Parking
For Consideration: Performance Standards Review Application
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
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City of Dover
Development Advisory Committee
Application Review Commentary
D.A.C. Meeting Date: March 6, 2024
FILE #: S-24-03
APPLICATION: Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy
Commons) at 101-1001 Cassidy Drive.
REVIEWING AGENCY: City of Dover Planning
CONTACT PERSON: Katherine Oehmke, Planner I
PHONE #: (302) 736-7196
Email: koehmke@dover.de.us
I. PLAN SUMMARY:
This application is for Review of a Site Development Plan Application for the construction of six (6) 9,950
square foot manufacturing/warehouse buildings (in addition to the four (4) already constructed) to be
divided into smaller tenant spaces with other site improvements. The project area of 9.99 +/- acres is zoned
M (Manufacturing Zone) and subject to the AEOZ (Airport Environs Overlay Zone): APZ I and Noise Zones
A and B. The property is located on the south side of Lafferty Lane west of Horsepond Road along a private
drive known as Cassidy Drive. The owner of record is Delmarva Land Holdings, LLC and developer is
Frederick Rue. Property is currently 101-1001 Cassidy Drive. Tax Parcel: ED-05-077.00-01-28.04-000.
Council District 2.
Existing Property:
The first 4 warehouse buildings exist on this property from a previously planned 10 building development
plan. It is located on a private drive off Lafferty Lane known as Cassidy Drive. The buildings at the portion
of the property adjacent to Lafferty Lane were constructed in 2012-2017. All the building addresses have
been previously set up. Buildings 1 to 4 exist as 101, 201, 301, and 401 Cassidy Drive.
Previous Applications:
This site was most recently subject to Application C-21-01 Cassidy Commons: 101-1001 Cassidy Drive
which was approved by the Planning Commission on January 19, 2021, but Final Plan Approval was not
achieved, and the Plan has expired. The initial four buildings were constructed under Conditional Use Site
Plan C-11-04 M & L Ventures at Lafferty Lane; see the detailed listing below.
Site Timeline
June 11, 2011 - C-11-04 M&L Ventures conditional use approved by Planning Commission.
April 23, 2012 – C-11-04 received Final Plan Approval of Conditional Use Site Plan.
May 21, 2012 – C-11-04 received 1 year extension of conditional use.
August 24, 2012 – Building Permit for Building 1 (addressed as 101 Cassidy Drive).
April 21, 2017 - Building Permit for Building 4 (addressed 401 Cassidy Drive).
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December 9, 2020 - Delmarva Land Holdings, LLC purchased land.
January 19, 2021 - C-21-01 Cassidy Commons received Conditional Approval from Planning
Commission.
January 17, 2023 – C-21-01 Cassidy Commons received one year extension.
January 31, 2024 – C-21-01 Cassidy Commons expired (no Final Plan Approval)
Surrounding Land Uses
The surrounding parcels are all zoned M (Manufacturing Zone). Additionally this property and the nearby
areas are in the AEOZ (Airport Environs Overlay Zone): APZ I (Accident Potential Zone I), and Noise Zones
A & B.
About a tenth of a mile east on Lafferty Lane, there are a few C-3 (Service Commercial Zone) properties
and R-8 (One Family Residence Zone). Satellite images show that the land appears to be farming land
surrounding the property.
Preliminary Land Use Services Review (PLUS)
Previous application was reviewed on April 21, 2008 (with original application C-09-03) by the Preliminary
Land Use Services as required by the City of Dover’s Memorandum of Understanding (MOU). This MOU
requires that development of over 75,000 S.F. in floor area complete the PLUS Review process prior to
application submission. The applicant’s response to the PLUS letter 2008 is on file at the Planning Office.
As the remainder of the project does not meet that minimum 75,000 SF threshold, the applicant does not
need to resubmit for a PLUS review for Application S-24-03.
II. PROJECT DESCRIPTION:
The Site Development Plan to build out the remaining area of the property includes 6 warehouse buildings
of 9,950 square feet to be split into 6 tenant spaces each building. Cassidy Drive is a private drive
perpendicular to Lafferty Lane. An existing entrance from Lafferty Lane for Cassidy Drive was created with
plan C-11-04, along with construction of the initial 4 buildings from the original plan. There are 2 rows of
parking between a pair of buildings with a dumpster pad at the east end. Each parking row begins with a
single handicapped space.
III. ZONING REVIEW
M (Manufacturing Zone)
This application is a Site Development Plan. Previously, development in the M (Manufacturing Zone)
required consideration of Conditional Use Plans. This property is zoned as M (Manufacturing Zone) which
the Zoning Ordinance in Article 3, Section 19.1 allows for the following:
19.1 Uses permitted. No building or premises shall be used, and no building or part of a building shall be
erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose,
except the following, and in accordance with performance standards procedure as set forth in article 5,
section 8 and subject to the site development plan approval as set forth in article 10, section 2:
19.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other
type of manufacturing or industrial processing of any goods, materials, products, instruments,
appliances and devices, provided that the fuel used shall be oil, gas or electricity; together with
accessory uses incidental to the use.
19.12 Research, design and development laboratories.
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19.13 Wholesale storage and warehousing, transshipment and distribution, logistics support.
19.14 Building contractors' yards.
19.15 Public utilities uses.
19.16 Ministorage facilities, subject to the following regulations:
(a) No unit shall be placed within 30 feet of any other structure on the lot or a residential
property line.
(b) No outside storage, except for recreational vehicles, boats or personal automobiles when
completely screened from view and parked in specifically approved locations. Parking for
these vehicles shall not count toward the required parking set forth in subsection (e)
below.
(c) No individual unit may be used for retail, garage sale or any other commercial activities.
(d) No storage of flammable, explosive, corrosive or other hazardous products may occur in
the individual unit.
(e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum
of three spaces for an office outside of the enclosure. One row of parallel parking is
permitted between buildings at a ratio of one space per 25 feet.
(f) All other bulk requirements of this ordinance are met.
19.17 Railroad yards, sidings, and storage facilities.
19.18 Accessory uses:
(a) On-site offices, clinics, food service facilities, recreation facilities and child day care services
collocated within the permitted use and limited to exclusive use by employees, and such
other accessory uses and structures clearly incidental to, and customary to and associated
with the permitted use.
(b) The following uses may be permitted as conditional uses if approved by the planning
commission in accordance with the provisions and procedures set forth in article 10,
section 1 and any specified requirements set forth below:
(1) Associated retail uses in conjunction with and accessory to a permitted use, provided
that the associated retail uses do not occupy more than 30 percent of the gross floor
area of the building or group of buildings on a lot. Parking shall be provided at a rate of
one parking space per 300 square feet of retail space for the exclusive use of retail
customers in addition to the bulk parking requirements of this zoning district for a
particular use.
(2) Outside storage which is incidental to the primary uses on the lot, within a completely
enclosed and secure area appropriately screened from public view and not in any
required setback from property lines.
19.2 Uses prohibited. The following uses are specifically prohibited:
19.21 Residences.
19.22 Manufacturing uses involving primary production of the following products from raw materials:
asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic
soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial
alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and
synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric
acids; coal, coke and tar products, including gas manufacturing; explosives; fertilizers; gelatin,
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glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber
(natural and synthetic); soaps, including fat rendering; [and] starch.
19.23 The following processes: nitrating of cotton or other materials; milling or processing of flour,
food, or grain; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal
ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene,
naphtha, [and] lubricating oil; distillation of wood or bones; [and] reduction and processing of
wood pulp and fiber, including papermill operations.
19.24 Operations involving stock yards and slaughter houses, grain elevators, and slag piles.
19.25 Storage of explosives and bulk or wholesale storage of gasoline above the ground.
19.26 Dumps, except those owned and operated by the city.
19.27 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such
uses.
19.28 Junkyards, automobile dismantling plants or storage of used parts of automobiles or other
machines or vehicles or of dismantled or junked automobiles.
Bulk Standards for the M (Manufacturing Zone) are outlined in Zoning Ordinance, Article 4 Section 4.16.
The maximum lot coverage for this zone is 85% and height limit is 60 feet.
Airport Environs Overlay Zone (AEOZ)
This property is subject to the requirements of the Airport Environs Overlay Zone (AEOZ) as outlined in
Zoning Ordinance Article 3 §22. The proposed development is located within Noise Zone A (65dB-69dB),
Noise Zone B (70dB-74dB), and within Accident Potential Zone I. Noise Zone A (65dB-69dB) allows for
most uses permitted within the M (Manufacturing Zone) Zoning District with an interior noise level reduction
of twenty-five (25) decibels. Noise Zone B (70dB-74dB) allows for most uses permitted within the M zoning
district with an interior noise level reduction of thirty (30) decibels.
All proposed buildings are located within Accident Potential Zone I (APZ I). The Accident Potential Zone I
allows for most uses permitted within the M (Manufacturing Zone) zoning district and calls for an interior
noise level reduction of thirty (30) decibels. APZ I also prohibit structures from exceeding sixty (60) feet in
height. Additionally, items that could generate smoke or light (such as solar panels) are not allowed.
The proposed land use for each building (and tenants within each building) must comply with the permitted
uses of the M (Manufacturing Zone) (Article 3 §19) and the Land Use Compatibility Table of the AEOZ
(Article 3 §22.6). Each tenant must obtain a City of Dover Business License.
IV. PARKING SUMMARY:
The parking requirement for the M Zone is one space for every 800 square feet of floor area. Overall site of
ten buildings (total 99,500 SF) requires a total of 125 parking spaces. For the remaining build out, each
building of 9,950 requires 13 spaces standard sized spaces, for a total of 78 additional spaces. The plan
has outlined 78 additional parking spaces in blocks of 26 spaces between buildings. Each parking grouping
has 2 handicapped spaces at the west end. There are an existing 52 parking spaces for the 4 existing
buildings of the same size. Planning Staff notes that the current tenants appear to be using Cassidy Drive
to park multiple trucks and trailers, and then presumably using the area in the back for turnaround. The
existing parking space lines for buildings 1-4 are at an angle, such that a pull-through is not possible.
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Loading Berths
Article 6 Section 4.2 of the Zoning Ordinance states that for manufacturing, wholesale, or storage uses in
the M or IPM zone, and for buildings more than 150,000 square feet in any zone, sufficient off-street
loading berths shall be provided. As part of the parking lot there is a striped area of diagonal lines
presumably for loading. The applicant will however still need to provide a written description of all proposed
activity to take place on site with this current submission, before Planning Staff may determine the
sufficiency of the proposed loading berths. We did witness large deliveries by box trucks that were not
using the outlined loading zone for large pallet sized deliveries. It is suggested that the loading areas
hatched off in the current parking areas be labeled “Loading Area” to encourage the tenants to use these
areas, rather than off-loading on Cassidy Drive.
Waiver Request: Elimination of Bicycle Parking
Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is required to
have 78 additional vehicle parking spaces, then four (4) bicycle parking spaces would be required for the
new development area. The applicant has requested a waiver for bicycle parking stating that the area is not
conducive to bicycle traffic getting to the area. Furthering that bicycling parking racks are not attractive and
encourage bicycle theft. See written Waiver Request.
Sheet 3 states that partial elimination of bicycle parking was approved (with plan C-11-04) in June 2011.
There are currently 2 bicycle parking spaces on the site in the middle of existing Buildings 3 & 4. The
applicant has stated the existing rack has not been utilized. Further development on Lafferty Lane may
encourage other properties to actively use the existing bike lanes on Lafferty Lane, which could spur more
bike activity.
Waiver Request: Partial Elimination of Upright Curbing
The upright cubing for parking lots and drive isles is required by the requirements of the Article 6 Section
3.6(b) of the Zoning Ordinance. The applicant has requested a partial elimination of curbing as previously
approved with plans C-11-04 & C-21-01. The Waiver Request statement states that the elimination areas
requested are in parking areas on the east side of the property and the west side of Cassidy Drive. This
waiver is reviewed administratively by Planning Staff.
V. SITE CONSIDERATIONS:
Access
The access to the private drive known as Cassidy Drive is off Lafferty Lane. The plan shows an easement
and proposed street right of way (Construction Drive) through the middle of the property that states it would
provide future connections to a public street. Each building has a 20’ Fire Access Lane between the
building and the centralized parking lanes. Each building has Fire Lane Access from the front side only.
There are 3 existing fire hydrants. The plan outlines 2 additional Fire Hydrants. A 40’ building offset is
provided between buildings and the Construction Drive (proposed public street) to be built between
Buildings 6 & 7.
Clarification is needed regarding the proposed street (Construction Drive) located between Buildings 6 and
7. The developer should clarify if they intend to build this as a privately maintained drive or as a public
street for dedication to the City of Dover.
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Lighting
Staff counted thirty (30) lights on buildings (5 each building). The existing 4 buildings have an additional
light over each door (6 per building). Please update the plan with the lighting as it is going to be built.
Waiver Request: Partial Elimination of Sidewalks
The applicant has requested the elimination of sidewalks on the western side of Cassidy Drive (private
drive). This request was approved in 2011 and 2021. Sidewalks are present on Lafferty Lane and along the
east side of Cassidy Drive connecting all the buildings that currently exist. See written Waiver Request.
Dumpsters
The Dumpster requirement for Industrial/warehousing buildings requires one (1) dumpster pad for the first
40,000 S.F. of building area and one (1) for each additional 40,000 S.F. of building area or a fraction
thereof. Based on this calculation one (1) dumpster pad may be required for each building. Based on this
calculation ten (10) dumpsters are required. The Site Plan currently indicates ten (10) dumpster pads. The
method of private trash collection needs to be identified on the plan. Staff note that dumpster enclosures do
not appear to have been completed with the first 4 buildings. Staff visited the site and these pre-existing
dumpster pads are being used to store dumpsters, trailers, and pallets. These areas should be enclosed
per the plan on the existing dumpster pads and the pads going forward.
VI. BUILDING ARCHITECTURE:
The architectural renderings show new buildings that will match the currently existing 4 buildings on the
site. The bottom of the walls are covered in faux stone veneer on the front side and side facing the right-of-
way. The remaining top portion of the walls, and solid walls have cream vertical metal siding all around.
Each building has 6 pedestrian doors, garage doors, and windows. The window and the door are topped
with a contrasting solid awning. Each building has a low-pitched standing seam metal roof.
VII. TREE PLANTING AND LANDSCAPE PLAN:
Zoning Ordinance, Article 5 Section 16 lays out the requirements for tree planting and preservation. A new
project is required to provide tree planting at a rate of one (1) tree per 3,000 SF of “Development Area”.
Based on the number of acres for this development site, the minimum required number of trees if rounded is
146. The Site Plan includes a landscaping plan for tree planting showing 106 additional trees (146 in total) as
Tilia Cordata Greenspire, Acer Rebrum Franksred, and Pinus Strobus White Pine. Zoning Ordinance, Article
5, Section 16 outlines what guidelines to use for designing the landscape plan.
VIII. PERFORMANCE STANDARDS REVIEW
Uses in the M (Manufacturing Zone) are subject to the performance standards summarized in Zoning
Ordinance, Article 5 §8.1 and as more specifically outlined in Article 5 §8.5.
Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall
be used or occupied in any manner so as to cause any one or more of the following
conditions to exist and to be dangerous, injurious, noxious or offensive beyond the
boundaries of such premises in such a manner or in such amount as to adversely affect the
reasonable use of the surrounding area or adjoining premises: Fire, explosive or other
hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold,
dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic
congestion causing roadways or intersections in the surrounding highway network to fall
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below acceptable levels of comfort and convenience; or other substance, condition or
element (referred to hereinafter as "dangerous or objectionable elements"), provided that any
use permitted or not expressly prohibited by this ordinance may be undertaken and
maintained if it conforms to the regulations of this section limiting dangerous and
objectionable elements at the point of the determination of their existence.
The project’s compliance with a series of performance standards for the “dangerous and objectionable
elements” are to be considered by the Planning Commission. The “dangerous and objectionable elements”
are as follows:
• Fire and explosion hazards (activities with and storage of)
• Radioactivity or electromagnetic disturbance
• Noise (sound pressure level)
• Vibration
• Smoke
• Odors (Odorous gases or odorous matter)
• Fly ash, dust, fumes, vapors, gases, and other forms of air pollution
• Glare (from lighting or high temperature processes)
• Liquid or solid wastes
• Traffic congestion (Level of Service E)
The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas
or adjoining properties. The specific limits of each performance standard are described in the Zoning
Ordinance. Where the performance standards conflict with regulations established by other state or local
agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC),
the more restrictive regulations apply.
As part of this procedure, a Performance Standard Review Application is required to accompany this Plan
submission for review and approval. The Applicant has submitted a Performance Standard Review
Application Letter indicating how the proposed development would restrict the emission of dangerous and
objectionable elements detailed in Article 5, Section 8.5.
IX. CITY AND STATE CODE REQUIREMENTS:
The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in
accordance with this agency’s authority and area of expertise. The following items have been identified as
elements which need to be addressed by the applicant:
1) Review and Approval of the Performance Standards Review Application is required for the property
development in accordance with Zoning Ordinance, Article 5 §8. The Planning Office is in receipt of
your Performance Standard Review Application dated January 31, 2024 and it is subject to the
Planning Commission review.
2) Upright Curbing: Upright curbing shall be provided around all parking and driving areas in
accordance with the requirements of the Zoning Ordinance unless a waiver is granted by the City
Planner. The detail page includes a 3” integrated curb. The curb should be completed as a 6” curb.
A Waiver Request was submitted to the Planning Office for the consideration of Partial Elimination
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of the Curb Requirements.
3) Bicycle Parking: Bicycle parking should be provided at a rate of one bike space for every 20
parking spaces unless a waiver is granted by the Planning Commission. A Waiver Request for the
Elimination of Bicycle Parking was submitted. A total of 7 bicycle parking spaces would be required
overall for the whole site. The elimination request would remove 4 spaces.
4) Sidewalks: Article 5 Section 18 outlines the connectivity requirements of sidewalks along both
sides of a street. A partial Waiver Request has been received for consideration, to eliminate the
sidewalk on the west side of Cassidy Drive.
5) Plan Comments: The following Page 2 General Comments should be updated:
a. Comment #2 needs the contact phone number corrected for the various departments:
i. Public Works – 302-736-7025
ii. Electric – 302-736-7070
iii. Miss Utility – 800-282-8555
iv. Kent Conservation District – 302-608-5370
v. Planning Office – 302-736-7196
b. Comment #24 should include the 30’ utility easement and whether the Future Connection
Street (Construction Drive) will be dedicated.
c. Comment #47 should include the Conditional Use Application Number C-11-04.
d. Comment #49 should update the phone number for the Public Works Department to 302-
736-7025.
e. Comment # 53 should be updated to reflect the current landowners Information.
6) The Site Data Column: All Plan Sheets need to be updated prior to Final Approval with the
following in accordance with Article 10 § 2.5:
a. Correct Project name to show the current owners.
b. Add Impervious Calculations.
c. Name and address of the person, firm or organization preparing the map.
d. Two location maps, one at a scale of 1,200 feet to the inch, and one at a scale of 400 feet
to the inch, showing the distance along all adjacent roads to the nearest intersections.
e. Please add the FEMA Firm Panel number. I show it should be 10001C0188J and add
date. The distance to the nearest floor hazard area should be noted.
f. Correct Project Name to show the current owners.
g. Correct the Zoning to Noise Zones A & B and include AEOZ.
h. Correct the zoning of the property to east, west and south of the property to be M (this is
correct), AEOZ, Noise Zones A & B, APZ I.
i. Note Trash Collection Provider is Private.
j. Please break down the requirements and proposed numbers for the existing buildings from
this application of buildings 5-10 (total 6 new). Numbers currently provide the entire site,
including what has been previously built.
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k. Revisit site design as necessary to meet fire protection requirements i.e. fire lanes, access,
utility services for sprinkler system, etc. Consult with the City’s Fire Marshal’s Office.
l. Please update the submitted plan with actual locations of all things currently on site. In
particular; location of the bike rack and utility boxes, existing and any future planned
bollards, lighting, and the parking lines at an angle.
5) Parking Spaces: Update plan with stripping format of existing spaces as angles. Evaluate format
for proposed parking area. If angled parking will continue with the next 6 buildings, it is suggested
that the angles be continuous lines that allow for pull through parking.
6) Dumpsters: The existing Dumpster concrete pads should be upgraded as enclosed as they are
utilized for Dumpster placement rather than interior storage of collection bins. The additional
Dumpster pads should also be enclosed according to the detail included. These are required per
Zoning Ordinance Article 5, Section 6.1.
7) Erosion and Sediment Control: Any Erosion & Sediment Control Plans and Stormwater
Management Plans granted approval by the Kent Conservation District must reflect the Site Plan
layout and design conditionally approved by the Planning Commission and be following the Zoning
Ordinance and technical review requirements of other agencies.
8) Landscape Plan: A Landscape Plan must be prepared in accordance with the provisions of Zoning
Ordinance, Article 5, Section 15. Please update the Landscape Professional with a current/future
expiration date in anticipation of the Landscape Professional signature and stamp.
9) Loading Spaces: Identify anticipated loading needs in writing for Planning Staff Review.
a) Recommend labeling hatched areas of parking lot as loading areas.
b) Add no parking signage along Cassidy Drive.
10) Outside Storage: The outside storage of items by any tenant or owner is not allowed in the M
(Manufacturing Zone) when not completely enclosed or in a secure area screened from public
view. Planning Staff made a visit to the site and noted that there were a large number of items
stored outside by tenants, along with trash. These items should be removed or enclosed and going
forward Zoning Ordinance compliance must maintained or the site may be subject to code violation
procedures.
a) As per Article 5, Section 7.4 of the City of Dover Zoning Ordinance, any Storage Containers in
a non-residential area need proper permits and are only allowed at a rate of 2% or less of the
gross floor area of the primary structure. Also placement time is limited to 18 months unless
part of an active construction permit activity.
b) Any type of Dumpster needs to be contained and limited to the Dumpster containment areas
with screening.
11) Construction Drive: Clarify the intent of this roadway as a private drive (with cross access
easements) or a public street right of way for dedication to the City of Dover. Update the Record
Plan Sheet as necessary.
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DAC Report of March 6, 2024
Page 11 of 13
X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and
acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the
public health, safety, and welfare, the comfort and convenience of the public in general, and the residents
of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the
maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of
several objectives listed in subsections 2.21 to 2.28.
1) Recommendation on Waiver Requests:
a. Waiver Request for Partial Elimination of Upright Curbing: Planning Staff grants approval
of the partial elimination of upright curbing for the west side of the private drive known as
Cassidy Drive, as well as the east end of the paving between buildings. Allowing water to
drain off the west side of Cassidy Drive is part of the stormwater management areas
outlined in the plan.
b. Waiver Request for Partial Elimination of Sidewalk: Planning Staff recommends approval
of this waiver request finding that the south side of Lafferty Road has sidewalks on both
sides of the Cassidy Drive opening. And then internal to the site, having only a sidewalk on
the east side of Cassidy Drive should be sufficient given the limited density of the
development and anticipated pedestrian activity.
c. Waiver Request for Elimination of Bicycle Parking: Planning Staff recommends denial of
this request to eliminate bicycle parking. There is a bike lane on Lafferty Lane to
encourage non-vehicular traffic. Further development on Lafferty Lane may encourage
other properties to actively use the existing bike lanes on Lafferty Lane, which could spur
more bike activity. As the area of Lafferty Lane develops, the need for future bike racks is
a possibility and it should not be an undue expense to add additional bike parking for the
additional warehouse buildings, rather than expect tenants to have space inside their units
for bikes to be parked.
2) Loading Berths: Staff recommends consideration of providing parking area for larger vehicles, i.e.
Trucks with trailers. The parking observed on Cassidy Drive should not be occurring as travel lanes
are impacted. Slanted pull-through parking should be considered.
3) Construction Drive: Planning Staff recommend the development of Construction Drive at a
minimum as a private drive. Further, that this street/drive be constructed prior to the issuance of
permits for Building 7. It begins to establish part of what could become a larger circulation network
for this area on the south side of Lafferty Lane as there are vacant lands that could see future
development.
4) Electric Vehicle Charging: Planning Staff encourages this project to include the installation of
Electric Vehicle Charging Stations in its parking lot. Currently, the Zoning Ordinance does not
require them, but many other jurisdictions have implemented such requirements. Electric Vehicle
Charging Stations formats include EV-Capable, EV-Ready, and EV-Installed.
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XI. ADVISORY COMMENTS TO THE APPLICANT:
1) The Planning Commission should act upon the request for any waivers as part of any motion
regarding this project application, or as a separate motion as necessary. Note: All waivers are at
the discretion of the Planning Commission. The Commission may approve or deny waiver
requests.
2) If major changes and revisions to the Site Development Plan occur in the finalization of the Site
Plan, please contact the Department of Planning and Inspections. Examples include relocation of
site components like paving and increases in floor area/unit count. These changes may require
resubmittal for review by the Development Advisory Committee, Planning Commission, or other
agencies and commissions making recommendations regarding the Plan.
3) Other agencies and departments which participate in the Development Advisory Committee may
provide additional comments related to their areas of expertise and code requirements.
4) Following Planning Commission approval of the Site Development Plan, the Plan must be revised
to meet all conditions of approval from the Development Advisory Committee or as otherwise
noted. A Check Print must be submitted for review by Planning Office Staff and directly to the other
commenting agencies. Upon determination that the Plan is complete and all agency approvals
have been received, copies of the Plan may be submitted for final endorsement (Final Plan
Approval).
5) For building new construction, the requirements of the building code and the fire code must be
complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these
requirements. The resolution of these items may impact the site design including such items as
building dimensions and height, building openings, and fire protection needs, etc. This also
includes 12-inch building numbers visible from the street. The existing buildings may need building
address numbers upgraded, and any new buildings will need to conform to this requirement.
6) The applicant/developer shall be aware that prior to any development or ground disturbing
activities on the site the appropriate site inspections and permits are required. This includes
activities to remove existing trees/vegetation, the import of fill dirt, etc.
7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the
appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are
required.
8) The applicant shall be aware that Site Plan approval does not represent a Building Permit and
associated construction activity permits. A separate application process is required for issuance of
a Building Permit from the City of Dover. Building Permits will be required for each building.
9) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it
convey permission to place any new sign on the premises, including refacing the existing multi-
tenant monument sign. Any proposed site or building identification sign may require a Sign Permit
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from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance,
Article 5 §4.
10) The applicant must work to bring the current site up to compliance with City Ordinances by
cleaning up debris, removing the following; rock piles, unpermitted storage containers, overflowing
roll off dumpsters, broken vehicles, empty pallets and large wire spools, and other miscellaneous
items stored on the site. Inaction may result in Code Violations being levied and the property
subject to Clean Hands Ordinance impacting the ability for final plan and permit approvals to be
granted.
If you have any questions or need to discuss any of the above comments, please call the above
contact person and the Planning Department as soon as possible.
Page 38
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: FEBRUARY 28, 2024
APPLICATION: Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy
Commons at 101-1001 Cassidy Drive
FILE #: S-24-02
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services
CONTACT PHONE #: 302-736-7025
CONTACT EMAIL #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION
1. The proposed plan will require private trash collection services.
STORMWATER
1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from
Kent Conservation District is submitted to our office.
2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert
elevations must be labeled on all stormwater structures.
3. If Construction Way is to be dedicated to the City of Dover, the following conditions must be met:
a. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and
invert elevations must be labeled on all stormwater structures.
b. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the
storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system.
c. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm
frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in
design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for
each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream
ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and
velocity; and full flow and velocity.
d. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year
storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’)
from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher
than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined
by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic
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Page 2 of 5
grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate
downstream catch basins as applicable.
e. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section
11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor
elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The
provided information should also show adequate conveyance of runoff from each lot.
STREETS
1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our
office.
2. Please add the following notes to the plans:
a. Standard City of Dover sidewalk, as per chapter 98, article IV of the Dover Code of Ordinances, shall be required to be
installed along the entire public street frontage of a property. Where frontage sidewalk exists but does not meet the
standards of chapter 98, article IV, the sidewalk shall be re-laid to meet the standards. Sidewalk shall include barrier-free
access ramping at points of intersection with street crossings and at other locations so as to afford reasonable barrier-free
pedestrian movement and site access.
b. In accordance to Appendix A, Article VI, Section B.3, all sidewalks shall ascend from the curbstone to the building line at the
ratio of one-quarter of an inch to the foot. Nothing in this section shall be construed to affect any pavement previously laid
by order of the city council, until it is taken up and relaid.
3. If Construction Way is to be dedicated to the City of Dover, the following conditions must be met:
a. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard
was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from
scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass
strip behind the curb.
b. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of
permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager.
c. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet
and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a
street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development
front on the turnaround section of a cul-de-sac.
d. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street
intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius
of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line.
e. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for
the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150
feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line.
f. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The
required radius may be increased by the city engineer if the increased radius is necessary for public safety.
g. Street grades shall not exceed five percent.
h. Street grades shall not be less than one-half percent wherever feasible.
WATER
1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010.
Please contact our office for more information.
2. The following notes must be added to the plans:
a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project.
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b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance
with the City of Dover Department of Water & Wastewater specifications and requirements.
c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736-
7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must
observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed
by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field
due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe
joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the
contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring
adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection.
3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. Please be advised that
effective May 1, 2022, water mains can now be constructed using DR 18 PVC pipe.
4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of
the domestic and irrigation (if applicable) water meter for the proposed buildings. These projections must be submitted prior to
approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of
Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter.
5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the
tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at
the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be
tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should
be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of
the building. A blow up detail of this layout is recommended.
6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department
of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used
for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of
the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A
pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90°) bend and thrust block. All
rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe.
Confirm particulars to meet this requirement with mechanical designer.
7. Water services shall be either type K copper or SDR-9.
8. On October 24, 2022, City of Dover Council approved the new Cross Connection Control Program. This program requires certain
backflow prevention assemblies on water service connections to the city’s distribution system. This project will require a double
check valve assembly to be installed downstream of the water meter in the building.
9. Prior to dedication of the water infrastructure within the proposed utility easement, the developer shall provide as-built plans,
maintenance bond and meet all the installation requirements of the Water / Wastewater Handbook.
10. Please properly delineate which aspects of the water infrastructure is existing versus proposed.
WASTEWATER
1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22,
2010. Please contact our office for more information.
2. The following notes must be added to the plans:
a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in
accordance with the City of Dover Department of Water & Wastewater specifications and requirements.
b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause
to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage,
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February 28, 2024
Page 4 of 5
uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include
condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water,
surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner
and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the
site improvements.
3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert
elevations must be labeled on all sanitary structures.
4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way
and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and
cover to prevent damage to the cleanout and lateral.
5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that
velocity and all other requirements are met.
6. The minimum size of all sanitary sewer laterals shall be six-inch (6”).
7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance
requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be
provided on the plan.
8. Prior to dedication of the wastewater infrastructure within the proposed utility easement, the developer shall provide as-built
plans, video of the main condition, maintenance bond and meet all the installation requirements of the Water / Wastewater
Handbook.
9. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the
Department of Water & Wastewater.
10. Please properly delineate which aspects of the wastewater infrastructure is existing versus proposed.
GENERAL
1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must
be included as a note on the plan.
2. No trees may be planted within ten feet (10’) of utility infrastructure.
3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures
on the utility plan sheet to confirm compliance.
4. The final site plan must be submitted in the following compatible digital formats:
a. AutoCAD 2018 (.dwg format).
b. Adobe Reader (.pdf format).
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
WATER
1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and
providing service to the proposed development.
2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for
review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of
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Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until
review has been completed by our office.
3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water &
Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site.
4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project.
WASTEWATER
1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending
and providing service and capacity to the proposed development.
2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources,
Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees,
completed forms and plan sets directly to DNREC.
3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer
crossings must be shown on the profiles.
4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project.
5. Depending on the effluent flow, the downstream pump station may need to be evaluated by the developer / engineer to verify
it can handle the additional effluent flow.
GENERAL
1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned,
flowable fill may be required.
2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan
set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist,
which can be obtained from the following website: https://imageserv9.team-
logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.
SANITATION / STORMWATER / STREETS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 43
CITY OF DOVER ELECTRIC
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: FEB 28, 2024
APPLICATION: Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy
Commons) at 101-1001 Cassidy Dr
FILE #: S-24-03
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. The roadway and curbing must be in.
2. The right-of-way must be within 6" of final grade.
3. The property corners must be staked.
4. Owner is responsible for locating all existing underground electric, communications and water facilities.
5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department
specifications.
6. Owner is responsible for site and/or street lighting.
7. Meter locations will be determined by City of Dover Engineering Department.
8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to
receiving approved electrical construction drawings.
9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer
may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the
owner’s expense.
10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric
Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department.
11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to
construction. Owner is required to sign off plans prepared by the Electric Department.
12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric
Engineering Department.
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13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric
Engineering Department with a physical address of the property.
14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will
be furnished by the City’s Electric Engineering Department.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is
responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook
is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates.
Current load sheets can be found at the following link:
https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 45
S-24-03 CITY OF DOVER
C F
DEVELOPMENT ADVISORY COMMITTEE I I
T R
APPLICATION REVIEW COMMENTARY Y E
D.A.C. MEETING DATE: 02/28/24 O M
F A
R
APPLICATION: Delmarva Land Holdings LLC Warehouse Buildings (Cassidy Commons at D S
101-1001 Cassidy Dr O H
V A
FILE #: S-24-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal E L
R
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
josika@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposed occupancy classification is storage/warehouse (shells).
2. Building Access shall be no further than 50 feet from a primary entrance.
Where buildings are provided with an automatic sprinkler system installed in accordance with
NFPA 13, access shall be no further than 100 feet from the primary entrance.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the
width of the door(s) or for 10 feet, whichever is greater.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be 50%, 25% if sprinklered and clearly shown on the plans.
Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of
two or more stories, measured from the face of the building at grade with a maximum slope of ten
percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be
permitted within the perimeter access, and shall not interfere with emergency services fire ground
operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building
perimeter shall not be included in the calculation of Percent of Perimeter Access.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5)
Where parking is located between the building and perimeter access area, parking shall not be
located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall
for building of two or more stories.
5. Fire lanes shall cover TBD of the proposed building.
Page 46
Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the
primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served
by a fire lane even if this exceeds the percentage as required.
The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the
closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two
stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5)
6. Where parking is located between the building and the fire lane, parking shall not be located closer
than 15 feet to the exterior wall.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)
Where parking is located between the building and the perimeter access area, parking shall not be
located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall
for building of two or more stories. 2021 Delaware State Fire Prevention Regulations, 705, Chapter 5,
3.5.2
7. All Fire Lanes shall be marked as follows:
both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and
face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow
demarcation line shall mark the edge(s) of the fire lane.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware
Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be
suitable for street surfaces
9. Fire lane signs shall be located as follows:
see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot
intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than
eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall
face all oncoming traffic.
Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu
of fire lane signs and shall conform to the specifications of 7.6.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7)
10. Where overhangs, canopies, balconies, or any other building or site features must project over any
fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be
provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or
any other building features shall not apply towards the fire lane accessibility requirements of Section
4.0, Table 5-1 in this chapter.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)
11. All access roadways shall be paved and be a minimum of 20 feet clear width for two-way traffic and
14 feet clear width for one-way traffic. The paved width of access roadway shall be measured from
edge of parking spaces, or face of curb for vertical curb and back of curb for mountable curb, or edge
of pavement if there is no curbing. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5,
5.2)
12. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined
by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access such as placement of fire hose from fire equipment.
Page 47
13. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII,
Section A. 13,
Residential areas
24 feet wide with no parking,
30 feet wide with parking on one side, or
36 feet wide with parking on both sides
Commercial areas
26 feet wide with no parking,
32 feet wide with parking on one side, or
38 feet wide with parking on both sides
Alley
12 feet wide
14. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as
outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3.
15. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in
reference to this process.
16. Gated Areas: Fire Department access shall be provided to the property through the use of a system or
device approved by the Fire Marshal. The system or device required shall be located in an area
accessible to the fire department and approved by the Fire Marshal. All gates shall be either
automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate. The
owner or their representative shall meet with the Fire Marshal prior to submission to agree on the
system. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their representative
shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of
agreement shall be created and signed by both parties. The letter shall include a detailed description
of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not less
than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be
setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
17. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities
Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention
Regulations. City Ordinance Sec 46-9 (f).
5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall
be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All
hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal.
This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be
protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be
provided when the State Fire Marshal deems it necessary based on the configuration of the site,
building(s), exposures, construction, occupancy, and/or specific hazard(s).
Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached
dwellings, other residential, rowhouses and townhouses, assembly, health care, business, education,
storage, industrial, mercantile, and mini storage. (702, Chapter 6)
Page 48
NFPA 1
18.5.2 detached one- and two-family dwellings, fire hydrants shall be provided for detached one- and
two-family dwellings in accordance with both of the following: 1. the maximum distance to a fire
hydrant from the closest point on the building shall not exceed 600 feet 2. the maximum distance
between fire hydrants shall not exceed 800 feet.
18.5.3 buildings other than detached one- and two-family dwellings, fire hydrants shall be provided
for buildings other than detached one- and two-family dwellings in accordance with both of the
following 1. The maximum distance to a fire hydrant from the closet point on the building shall not
exceed 400 feet 2. The maximum distance between fire hydrants shall not exceed 500 feet
18. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and
as illustrated by the appropriate figures of this regulation.
All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define
specific areas, where fire hydrants are located along a curb line with permitted parking, the area
between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation
lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the
fire hydrant and extend for a distance 15 feet on both sides.
Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked
vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a
distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards
filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant
demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of
the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be
facing the edge of the street, or traffic lane.
(2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)
The owner is responsible if the hydrant is private.
19. Hydrant barrels shall be provided with reflective material, such as paint, durable for
highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under
the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500
GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM -
painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black.
(2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4)
The owner is responsible if the hydrant is private.
20. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and-
hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5
21. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements.
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an
occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an
occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with
NFPA codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to
be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of
the assessed value of the building and is capable of receiving an occupant load 75 persons or greater
or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install
a complete fire alarm system in accordance with NFPA codes governing the installation of fire
alarms and the National Electrical Code.
Page 49
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by
occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average
ambient sound level or five decibels (dB) above the maximum sound level having a duration of at
least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required
to be served by the system using the A-weighted scale dBA. In the event the stated requirement
cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of
this section of the Code.
(City Code of Ordinances 46-171)
22. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which
are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be
calculated utilizing the gross square footage of the building, structure, marine vessel, premises and
conditions as to arrive at the correct application.
Any proposal that is presented to the Office of the State Fire Marshal for review and approval
for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square
footage of a non-sprinklered building, may not have another such project for the same building
submitted for review and approval any sooner than three (3) years after the date of the final inspection
unless sprinkler projection is provided throughout the entire building.
In all buildings exceeding 10,000 square feet of aggregate, gross floor area.
In all buildings in excess of 40 feet in height or more than four (4) stories in height.
In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing,
processing, display or sale of combustible goods, wares, merchandise, products, or materials when
more than two (2) stories or 25 feet in height.
In all basement areas exceeding 2,500 square feet floor area.
In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and
exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or
Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment
buildings storage areas except individual unit closets that are located within individual residential
living units.
In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101,
as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard"
under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of
Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations.
All buildings used as dormitories, in whole or in part, to house students at a public or private
school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such
dormitories regardless if new or existing.
(2015 State of Delaware fire Prevention Regulations, 702, Chapter 4)
Places of assembly shall be sprinklered throughout in accordance with the most recently adopted
edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 150 persons or greater.
Any interior renovations of 50 percent or more to an existing place of assembly with an occupant
load greater than 150 persons.
Any additions or increase in interior size to an existing place of assembly that would create an
occupant load of 150 persons or greater.
Places of assembly where alcohol is served for consumption on the premises shall be sprinklered
throughout in accordance with the most recently adopted edition of NFPA 13 when the following
apply:
All new indoor places of assembly with an occupant load of 100 persons or greater and where
alcohol will be served for consumption on the premises.
Page 50
Any interior renovation of 50 percent or more to an existing place of assembly with an occupant
load greater than 100 persons and where alcohol will be served for consumption on the premises.
Any additions or increase in interior size to an existing place of assembly which would create an
occupant load of 100 persons or greater and where alcohol will be served for consumption on the
premises.
New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in
accordance with the most recently adopted edition of NFPA 13.
(City of Dover Code of Ordinances 46-162)
23. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within
50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed
access as defined by the AHJ.
Fire department connections. Unless otherwise approved by the fire marshal, fire department
connections shall be on the street side of the building and shall be located and arranged so that
hose lines can be readily and conveniently attached to without interference from any nearby
obstructions as defined by the fire marshal's office. Fire department connections shall be a five-
inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire
Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department
connections shall be not less than three feet nor more than five feet in height above finished grade.
The fire marshal shall have the authority to require more stringent requirements when deemed
necessary. (City of Dover Code of Ordinances 46-162)
24. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance
measuring from the center line and extending four feet on both sides.
(2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
25. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would
come off the fire equipment.
26. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout
and type of rack system 2) a list and quantity of items being stored 3) a letter from an
authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed.
If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire
suppression contractor to ensure that the sprinkler system is adequate for the storage presented.
27. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate
section of this regulation and as illustrated by the appropriate figures of this regulation. All
standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation
lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of
the connection and extend for a distance of four feet (4') on both sides, and where parking is allow
between the building and the street or fire lane the solid yellow demarcation lines shall extend from
the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the
sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum
12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches
(3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly
visible from the fire lane or roadway, and signs using NFPA international symbols shall be an
acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3)
28. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed
in Regulation 701 as well as the following areas or buildings:
In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet
in height or over,
Page 51
In any building over three (3) stories, In any building over 35 feet in height,
In any building that has a floor above the first floor over 10,000 square feet gross floor area,
In all buildings where the 1st floor exceeds 60,000 gross square feet,
a Class I horizontal standpipe system installed in accordance with the applicable codes and
standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall
be installed in accordance with the applicable codes and standards listed in Regulation 701.
The standpipe system shall be carried up with each floor and shall be installed and ready for use as
each floor progresses.
Standpipes shall not be more than one floor below the highest forms of staging,
The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At
the highest intermediate landing between floor levels in every required exit stairway,
Where intermediate landing is not provided, hose connections shall be permitted to be located at the
main floor landings in exit stairways when approved by the authority having jurisdiction,
Where the local fire department has the capability of providing the required pressure, hydraulically
designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide
the required waterflow rate.
A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2021
Delaware State Fire Prevention Regulations 702, Chapter 4, 2)
29. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and
valves located inside structures shall have impact protection, except when located in separate
protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at
a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in
height above the finish grade elevation. Any deviation of the stated requirements must be approved
by the fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector shall have the
authority to require more stringent dimensions to fit the needs of devices warranting impact
protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be
of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved
by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
30. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley, shall
have displayed on that wall, in legible, easily read characters which are of contrasting color to the
background, the proper street number for such house, building, or structure in accordance with the
following:
One-family and two-family residential structures, height, the number shall measure a minimum of four inches
in height, location, the number shall be placed on the house above or to the left or right of the front
Page 52
entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers
shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings with
apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location, numbers
shall be placed either in the center of the building or on the street end of the building so as to be
visible from either the public or private street or from the parking lot, color, numbers shall be
contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the street
end of the building so as to be visible from either the public or private street or from the parking lot,
property line or driveway, should the building be located far enough from a public or private road so that
the numbers are not clearly visible from the street, then the street address shall also be posted on the
property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on each
building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number
affixed to the front of the tenant space and on the outside of the rear door which corresponds with
that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
31. TBD A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system that
is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be the
responsibility of the owner or occupant to keep a set of keys in the secured key box that are
current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service
shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible. Should
the building design not allow the secured key system to be located by the main entrance, the fire
marshal and fire chief shall come to an agreement as to an alternate location for the key box. A
secured key system, once installed, shall not be obstructed from view or obstructed by any means
that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress,
whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical
rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire
detection. Keys to individual residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for
new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing
buildings.
Page 53
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before
the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
32. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading
to and terminating at a public way. NFPA 101
33. Project to be completed per approved Site Plan.
34. Full building and fire plan review is required.
35. Separate building permits/plans submission will be required for each building and/or tenant fit out. If
the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans
and permits submissions will be required for each “tenant fit out” at which time a Certificate of
Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the
“shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
36. Construction or renovations cannot be started until building plans are approved.
37. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems
require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is
approved.
38. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
39. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties:
Section 1. - Building permits.
No building or structure in any district shall be erected or structurally altered without a building permit
duly issued upon application to the building inspector. No building permit shall be issued unless the
proposed construction or use is in full conformity with all the provisions of this ordinance. Any building
permit issued in violation of the provisions of this ordinance shall be null and void and of no effect,
without the necessity for any proceedings for revocations or nullification thereof, and any work
undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for
penalties).
1.1 No building permit shall be issued for the construction or alteration of any building upon a
lot without frontage upon, or legal permanent access to, a public street improved to the
satisfaction of the planning commission, or without access to a public sewer.
1.2 No building permit shall be issued for any building where the site development plan of
such building is subject to approval by the planning commission, except upon approval of such
plans approved by the said commission.
1.21 No building permit shall be issued for any building in a subdivision unless the subdivision
plot has been approved by the planning commission.
1.3 No building permit shall be issued for a building to be used for any conditional use in any
zone where such use is allowed only with approval of the planning commission, unless and
until such approval has been duly granted by the said commission.
(Ord. of 7-12-1993, § 3)
Page 54
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This is for storage/warehouse (shells). A Certificate of Occupancy will not be issued.
Each tenant fit out will require plans from an authorized/licensed design professional to
be submitted to the Chief Building Inspector showing how code compliance will be
achieved with the proposed occupancy classification (Zoning must approve the use first).
Construction of separation walls and documentation regarding if fire alarm and sprinkler
is needed for each tenant fit out/occupancy must be demonstrated on these plans. This
submittal needs to be approved by the Chief Building Inspector. Once proper inspections
are completed by the appropriate agencies, a Certificate of Occupancy will be issued for
that tenant fit out.
2. Please confirm that the Fire Lane is 24’ wide.
3. Please confirm that the hydrant’s spacing is in accordance with item # 17 listed above.
4. Please refer to 2021 Delaware State Fire Prevention Regulations, 702, chapter 6 and
advise if the required minimum duration of flow, as required by this Regulation and the
plan approval, is obtainable as verified by field calculations of the storage facilities (flow
tables 1 and 2).
5. Please refer to NFPA 101, 42.3.4 to determine if a fire alarm system will be required.
6. Sprinklers are TBD after verifying the above.
7. Storage must be in compliance with NFPA 1 and NFPA 101.
8. Each individual business will be required to have a City of Dover business licens
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 55
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of Draper Farm Properties
FILE#: S – 24-03 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Will Mobley PHONE#: 302-760-2141
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The developer will need a pre-submittal meeting to discuss the development with DelDOT.
When completing the meeting request, alert the Department that the entrance is previously
built, and all new facilities are on NON-STATE maintained streets.
Page 56
KENT CONSERVATION DISTRICT
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
MARCH 2024
APPLICATION: Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy Commons) at 101-
1001 Cassidy Drive
FILE #: S-24-03
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. A Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity must be
submitted for the new owner of record and accepted by DNREC.
2. Any changes or revisions to the approved site plan must be reviewed and approved by Kent
Conservation District prior to commencing construction.
3. A pre-construction meeting must take place prior to any earth disturbing activity. The meeting must be
attended by an owner’s representative, contractor, CCR (unless waived), and the Kent Conservation
District site inspector.
ADVISORY COMMENTS TO THE APPLICANT:
1. M & L Ventures aka Cassidy Commons project has an approved Sediment and Stormwater
Management Plan that expires November 8, 2027.
2. Stormwater maintenance must be completed on the existing dry pond stormwater facility.
Page 57
From: Gordon, Stephanie A. (DNREC)
To: Melson-Williams, Dawn; Webb, Elaine Z. (DNREC); Bryson, Amy E. (DNREC)
Cc: Adkins, Jared (DNREC); Penzone, Mike (DNREC); Lyon, Jason A
Subject: EXTERNAL: RE: Site Plan Application S-24-03 for Cassidy Drive RE: Dover Staff DAC Meeting of Wednesday,
February 28, 2024 @9am
Date: Friday, February 23, 2024 8:32:57 AM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Thank you, Dawn. Below are DNREC-Remediation Section’s recommendations regarding this
project. Please let us know if you need any more information or have any questions.
Elevated per- and polyfluoroalkyl substances (PFAS), including PFOS and PFOA - which DNREC
considers to be hazardous substances, is present in groundwater and surface water at the nearby
Dover Air Force Base Site (DE-0031) boundary, but the Air Force's PFAS remedial investigation has
not yet extended to off-base property (with the exception of sampling nearby private wells).
In addition, PFOS and PFOA were detected above Hazardous Substance Cleanup Act (HSCA)
screening levels at an adjacent parcel (2-05-07700-01-2800) during a 2020 Phase II Environmental
Site Assessment.
DNREC-Remediation Section (RS) understands and appreciates that the subject property (101-1001
Cassidy Drive, 2-05-077.00-01-28.04-000) will be served by City of Dover public water and
wastewater. However, we also recommend minimizing intersection with the groundwater table and
minimizing infiltration during future construction and storm water management so as not to
exacerbate the nearby PFAS groundwater plume and minimize construction worker exposure.
DNREC-RS recommends that any soil or water generated from construction activities is tested and
compared to HSCA screening levels and/or EPA Regional Screening Levels for PFAS prior to any off-
site disposal.
Steph Gordon
Environmental Scientist
Remediation Section
Phone: 302-395-2654
Email: stephanie.gordon@delaware.gov
391 Lukens Drive, New Castle, DE 19720
dnrec.delaware.gov
Page 58
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 3/6/2024 Organization
APPLICATION: S-24-03 Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy
Commons) at 101-1001 Cassidy Drive
FILE # S-24-03 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030
Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or
eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The
MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be
waived.
City of Dover Planning Commission
Site Development Plan Review
ZS-24-03 Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy Commons) at 101-
1001 Cassidy Drive
1) The MPO does not have any objections to the proposed site development plan. A sidewalk is
already present on the eastern side of Cassidy Drive, adjacent to the existing warehouse buildings.
This sidewalk should be continued alongside each of the new buildings to provide complete
pedestrian accessibility and meet the current Americans with Disabilities Act (ADA) guidelines.
(The applicant asked for a sidewalk waiver on the western side of Cassidy Drive, but as long as
there is complete connection on the eastern side, which is where the buildings are located, this
should not be a problem.)
2) Although the applicant asked for a waiver on additional bicycle parking, the need for this
improvement should still be considered. Lafferty Lane has a shoulder that is wide enough for use
by bicyclists, and people visiting the businesses on the property may wish to travel by bike. If it is
found that there is a substantial volume of bicycle traffic as a result of the new development, then
the applicant should look into adding new bicycle parking at some point.
3) In 2021 the MPO completed the Dover Air Cargo Freight Access Study, which recommends
transportation improvements that will support economic growth in between Dover Air Force Base
and White Oak Road. The study recommends improvements to Lafferty Lane adjacent to the
Delmarva Land Holdings property. It does not make specific recommendations for Cassidy Drive
Page 59
or the property itself. For the full study, please see the following link:
https://doverkentmpo.delaware.gov/files/2021/09/Dover-Air-Cargo-Freight-Study-PEL_final.pdf.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
Page 60
From: JORDAN, MATTHEW W CIV USAF AMC 436 CES/CENPL
To: Melson-Williams, Dawn
Subject: EXTERNAL: RE: Site Plan S-24-03 RE: Dover Staff DAC Meeting of Wednesday, February 28, 2024 @9am
Date: Wednesday, February 28, 2024 10:06:33 AM
Attachments: AICUZ Guide (2).pdf
Final Compatible Use Plan.pdf
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good morning,
Comments from DAFB
1. Any roof top solar should be cleared with the FAA and the DoD Clearinghouse –
Compatible Use Plan Page 42
2. DoDI 4165.57, December 13, 2020 Page 16, Notes for Table 1 – Land Use
Compatibility in APZs
a. The suggested maximum occupancy for commercial, service, or industrial buildings
or structures in APZ I is 25 people per acre, and 50 people per acre in APZ II. Outside events
should normally be limited to assemblies of not more than 25 people an acre in APZ
I, and maximum assemblies of 50 people an acre in APZ II.
3. PFOS concerns should be cleared with DNREC mike.penzone@delaware.gov ,
stephanie.gordon@delaware.gov
Respectfully,
Matt
Matthew Jordan
Dover Air Force Base Community Planner
436 CES/CENPL
600 Chevron Ave.
Dover AFB DE 19902
Com: 302-677-6831 DSN: 445-6831
From: Melson-Williams, Dawn <DMelson@dover.de.us>
Sent: Wednesday, February 21, 2024 3:23 PM
To: JORDAN, MATTHEW W CIV USAF AMC 436 CES/CENPL <matthew.jordan.9@us.af.mil>
Subject: [Non-DoD Source] Site Plan S-24-03 RE: Dover Staff DAC Meeting of Wednesday, February
28, 2024 @9am
Matt:
RE: S-24-03 Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy Commons) at 101-1001
Cassidy Drive, Dover DE
I have attached the initial Site Plan submission, architectural renderings, and series of waiver
requests for this project. The project was partially built a number of years ago and the approval plan
Page 61
lapsed necessitating this new application process. Also I believe it is in different ownership now but
still appears to be spec builds of multi-tenant buildings. Future tenants would be subject to Building
Permit and Licensing process with the City in order to occupy the space.
The Planning Office is just starting its review of the application. I looked quickly at the plan to try to
answer your questions – see responses in italics.
1. Is a stormwater management plan available that I can forward to other agencies ? The Plan
set appears to show stormwater management facilities information on several plan sheets. I
believe at least one area was constructed previously. The project is subject to review by the
Kent Conservation District.
2. What is the proposed height of the facilities? The architectural elevations show a distance of
24 feet to the peak of the roof ridge.
3. What type of businesses will occupy the facilities and with how many people? Is a
development plan available? The Plan lists the use and manufacturing and warehousing. The
uses are subject to compliance with the City’s Zoning District of M (Manufacturing zone) and
AEOZ (Airport Environs Overlay Zone) based on the Accident Potential Zone and Noise Zones.
4. How will the conditions of the AEOZ be monitored and enforced if needed? (Rooftop solar,
population density, water features, structure height, storage of toxic materials) The initial
review will be completed as part of the review and approval process for the Site Development
Plan, then again with the submission of Building Permits for each building’s construction and
tenant fit-outs. Also compatibility of use is reviewed as part of the Business Licensing process.
We can sort though more of this at the Staff DAC Meeting next week.
Dawn Melson-Williams, AICP
Principal Planner
City of Dover, Delaware
Department of Planning & Inspections
(302) 736-7196 Planning Office phone
(302) 736-4217 fax
dmelson@dover.de.us
From: JORDAN, MATTHEW W CIV USAF AMC 436 CES/CENPL <matthew.jordan.9@us.af.mil>
Sent: Wednesday, February 21, 2024 8:50 AM
To: Purnell, Maretta <MPurnell@dover.de.us>
Cc: Melson-Williams, Dawn <DMelson@dover.de.us>
Subject: EXTERNAL: RE: Dover Staff DAC Meeting of Wednesday, February 28, 2024 @9am
WARNING: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Good morning,
I had a few questions about the attached agenda before next week’s meeting.
Page 62
1. Is a stormwater management plan available that I can forward to other agencies ?
2. What is the proposed height of the facilities?
3. What type of businesses will occupy the facilities and with how many people? Is a
development plan available?
4. How will the conditions of the AEOZ be monitored and enforced if needed? (Rooftop solar,
population density, water features, structure height, storage of toxic materials)
Thank you.
Respectfully,
Matt
Matthew Jordan
Dover Air Force Base Community Planner
436 CES/CENPL
600 Chevron Ave.
Dover AFB DE 19902
Com: 302-677-6831 DSN: 445-6831
From: Purnell, Maretta <MPurnell@dover.de.us>
Sent: Tuesday, February 20, 2024 3:57 PM
Subject: [Non-DoD Source] Dover Staff DAC Meeting of Wednesday, February 28, 2024 @9am
To Development Advisory Committee and Interested
Parties:
Please see the attached Development Advisory
Committee (DAC) Meeting agenda for the Staff DAC
Meeting on Wednesday, February 28, 2024.
Application has been filed within the City of
Dover for consideration by the Planning
Commission on March 18, 2024. Contact the City
of Dover Planning Office with any questions or
to review the application. The posting of the
Meeting Agenda can also be found on the City’s
website at the link below:
https://www.cityofdover.com/meetings
This email is also being sent to the DAC Distribution and Agenda & Notices group.
Page 63
Chapter 4 - Compatibility Analysis and Tools Dover Air Force Base – Compatible Use Plan
4.8 Glint and Glare SGHAT report, outlining solar panel glare and ocular impact, for
each point of measurement to the Notice of Proposed Construction
Certain land uses in proximity to military installations can produce
Form 7460-1.
conditions that interfere with military training, particularly aircraft
operations. Among the most common of these hazards stems from The DoD also issued instruction 4165.57 that requires the use of
the use of excessive or unshielded outdoor lighting. Outdoor SGHAT to assess the glare of solar farms within the vicinity of the
lighting systems, especially lighting associated with billboards, gas airfield.
stations, major roadways, athletic fields, and large commercial or
industrial uses, often allow significant light to travel upward into an Military Aviation and Installation Assurance Siting Clearinghouse
otherwise darkened sky. The resulting ‘light pollution’ can obscure (The Clearinghouse) works with developers in the power sector to
pilot vision or interfere with the use of night vision training devices. assess risks to national security while promoting compatible
domestic energy development. Energy production facilities and
Night vision flight training, in which aviators use night vision goggles transmission projects involving tall structures, such as wind
(NVGs) or other types of night vision systems, is essential to the turbines, solar power towers and panels, and electrical transmission
missions of the modern military. Night vision systems are designed towers, may degrade military testing and training operations. In the
to operate away from civilization and electric lighting. Exposure to national system of ground-based surveillance radars, the creation of
stray light can cause the vision screen to white-out, temporarily "clutter" generated from wind turbines can present a hazard to air
robbing the aviator of vision. safety and surveillance. Wind turbines located near military test and
training ranges can also impact airborne military radar capabilities.
Delaware is one of just a few states that has laws governing light
Likewise, solar systems may present hazards to aircraft and air
pollution. 7 Del C 71A § 7101A defines the standards for outdoor
traffic control tower operations due to possible "glint" or longer
lighting within the state.
duration "glare" reflecting off of panels. Finally, the electromagnetic
In addition, there is a threat generated from reflected sunlight off of interference from electricity transmission lines can impact critical
structures. The most relevant concern is solar fields located DoD testing activities.
adjacent to the airfield. The U.S. Department of Transportation,
The Clearinghouse acts as a single point of contact for Federal
Federal Aviation Administration published regulations governing the
agencies; State, Indian tribal, and local governments; developers;
assessment of glint and glare in 78 FR 63276, October 23, 2013. The
and landowners, and provides a central forum for internal staffing.
FAA requires the use of the Solar Glare Hazard Analysis Tool
This website is a central location to provide information and act as a
(SGHAT) to demonstrate compliance with the standards for
resource to assist interested individuals and organizations
measuring ocular impact stated above for any proposed solar
understand the mission impacts of proposed energy projects near
energy system located on a federally obligated airport. All sponsors
military activities, and the Department's Mission Compatibility
of federally-obligated airports who propose to install or to permit
Evaluation (MCE) process, procedures, and mitigation opportunities.
others to install solar energy systems on the airport must attach the
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