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CITY OF DOVER PLANNING COMMISSION
MAY 19, 2025
The Meeting of the City of Dover Planning Commission was held on Monday, May 19, 2025, at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system Webex.
The Meeting Session was conducted with Chair Mr. Witham presiding. Members present were
Mr. Michael Lewis, Mr. Roach (arrived virtual at 7:15PM), Mrs. Denney, Mrs. Maucher
(virtual), Mr. Baldwin, Dr. Jones, Mr. Reaves (virtual), Mrs. Welsh, and Mr. Witham.
Staff members present were Mrs. Dawn Melson-Williams, Mr. Christopher Salzano, and Mr.
Jason Lyon (virtual).
APPROVAL OF AGENDA
Dr. Jones moved to approve the Agenda as submitted, seconded by Mrs. Welsh and the motion
was carried 8-0 with Mr. Roach absent.
APPROVAL OF MEETING MINUTES OF APRIL 21, 2025
Mrs. Denney moved to approve the Planning Commission Meeting Minutes of April 21, 2025,
seconded by Mrs. Welsh and the motion was carried 8-0 with Mr. Roach absent.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled
for Monday, June 16, 2025 at 7 PM. At the present time, we do not have a specific application
for consideration that evening. They will look to see if they can put together a training
opportunity for you that evening; so, stay tuned on that. If you have an idea or a preferred topic
for that training, certainly reach out to Staff and they will see what they can do for that.
Mrs. Melson-Williams provided an update on the regular City Council and various Committee
meetings held on April 28 & 29, 2025 and May 12 & 13, 2025.
Mrs. Melson-Williams stated that for Planning and Inspection updates, there is not really much
to bring to you from our Department. We continue to still have a number of vacancies and as
always, she encourages you to look at the City’s website in regard to that. Specifically, in the
Planning Section, we have a Planner position and the Planning Director position that are
currently open.
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
Requests for Extensions of Planning Commission Approval:
S-23-06 College Road Apartments at Railroad Avenue/Grove Street – Request for a One-Year
Extension of Planning Commission Approval granted on June 20, 2023 for a Site Development
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CITY OF DOVER PLANNING COMMISSION MAY 19, 2025
Plan for construction of two 6-story mid-rise apartment buildings with a total of 385 units
consisting of studio, 1 bedroom, and 2 bedroom units. The ground level of each apartment
building is parking and the other site improvements include six 7-car garage buildings, parking
lots, landscaping, and recreation areas. The Planning Commission action also included approval
of the Active Recreation Area Plan and denial of a Waiver Request to Reduce the Parking
Requirements. The Project also includes street construction/improvements to Raymond Street
and Railroad Avenue. A Lot Consolidation Plan will combine the four parcels located east of
Railroad Avenue for a total of 31.08 acres of land. These properties are zoned RG-5 (General
Residence Zone for Mid-Rise Apartments). The subject area is located north of, but not adjacent
to College Road, and east of the Railroad corridor in the vicinity of Raymond Street, Railroad
Avenue, and Grove Street. Property Owners: Patel College Properties, LLC and Patel Excess
College Road, LLC. Tax Parcels: ED-05-067.00-02-53.00-000, ED-05-067.00-02-54.00-000,
ED-05-067.00-02-55.00-000, and ED-05-067.00-02-56.00-000. Council District 4.
Representative: Mr. Dominic Balascio, Parkway Law
Mrs. Melson-Williams stated that this is a Request for an Extension pertaining to S-23-06
College Road Apartments. There is an image on the screen that shows the location of the
involved properties. The Planning Commission did grant conditional approval to this project for
an apartment complex back in June 2023. The applicant is seeking a one-year extension. They
have provided a letter to that effect dated April 14, 2025. This letter comes from Parkway Law
LLC and their representative Brian T. Riggin, Esq. The letter indicates the reasons for their
Request. Specifically, this property and some related areas have been involved in several active
court cases that the letter outlines in detail. That is their reasons for seeking the Request for
Extension. They cite those as reasons beyond the client’s control in referencing this series of
litigations and associated disputes. They are requesting a one-year extension. Just to remind the
Planning Commission, your approval when you grant approval to a conditional Site Plan is good
for a period of two years and the Code outlines a process to seek a one-year extension. In
considering that extension, there are items that you can consider and the first of those being
whether the project has been delayed for reasons beyond the control of the applicant excluding
economic or financial reasons. Another item is whether the applicant has made substantial
progress towards obtaining final approvals. An additional criteria or another option is whether
there have been any significant changes in the surrounding neighborhood. Then fourth, whether
there have been any amendments to the Zoning Map or Text or the Comprehensive Plan or any
waivers or variances have been granted. Staff would note that there have not been any significant
zoning changes in this immediate area and the same Comprehensive Plan is in place that was
previously. In this case, for S-23-06 College Road Apartments, they are seeking a One-Year
Extension of the Planning Commission action.
Mr. Balascio stated that because of the pending litigation, they are asking for an extension at this
time.
Mr. Witham stated that he understands that litigation is holding this matter up. Is that correct?
Responding to Mr. Witham, Mr. Balascio stated yes, there is ongoing litigation that is
summarized in the letter. He doesn’t know if Mr. Mandalas is present tonight but it is quite
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complex and at this time, has not made it possible to proceed and move forward due to the
various claims that have been filed.
Mr. Witham asked if the parties are negotiating for full resolution of the litigation to allow this
matter to proceed. Responding to Mr. Witham, Mr. Balascio stated that they are in discussions
and in contact with one another beyond that, he really can’t discuss that because of the pending
litigation.
Mrs. Denney moved to approve Application S-23-06 College Road Apartments at Railroad
Avenue/Grove Street for a One-Year Extension in light of the pending court cases, seconded by
Mrs. Welsh and the motion was carried 9-0 by roll call vote. Mrs. Denney voting yes; as stated
in her motion, this Site Plan is being held up by some decisions that need to be made in
Chancery Court and those things can take a while. Mrs. Maucher voting yes; based on the
reasons in the motion. Mr. Roach voting yes. Mr. Baldwin voting yes; based on previous
statements. Dr. Jones voting yes. Mr. Reaves voting yes; for reasons previously stated. Mrs.
Welsh voting yes; in conjunction with the reasons stated by Mrs. Denney. Mr. Lewis voting yes.
Mr. Witham voting yes; for the reasons stated on the record and also for the mere fact that there
are at least two pending litigations and of course that can certainly affect the outcome of this
Application making it appropriate to grant an Extension.
Pending Development Application:
Request to Withdraw: AX-25-01 Lands of Robert Pellegrino at 582 Acorn Lane - A Request to
Withdraw has been received regarding Annexation Request and Rezoning Request for a parcel of
land totaling 2.3096 acres+/- located at 582 Acorn Lane. The property is currently zoned RS-1
(Residential Single Family Zone) in Kent County. The proposed Zoning is R-8 (One Family
Residence Zone). The property is located at the southeast corner of Acorn Lane and Old White
Oak Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category
1: High Priority Annexation Areas and the land use designation is Residential Low Density. The
property owner is Robert Pellegrino. Property Address: 582 Acorn Lane. Tax Parcel: ED-00-
068.15-01-11.00-000. Proposed Council District 3. Ordinance #2025-08. The First Reading of
this Annexation Request was completed March 10, 2025. Public Hearing before the Planning
Commission on began on April 21, 2025 and was held open seeking additional information for
the Planning Commission Meeting of May 19, 2025. The Public Hearing originally scheduled for
City Council on May 12, 2025 will be cancelled.
Mrs. Melson-Williams stated that they received a Request to Withdraw AX-25-01 Lands of
Robert Pellegrino at 582 Acorn Lane. This Request previously was for annexation of the
property. You began consideration of this application at your April 21, 2025 meeting and then
the public hearing was begun but you took steps to hold that hearing open seeking additional
information to be presented to you at tonight’s meeting. The applicant subsequently to that did
make a Request in writing on May 5, 2025 to withdraw his Request for Annexation after verbally
expressing that to Staff. The Request for Withdraw was presented to City Council as she noted
earlier on their meeting of May 12, 2025. City Council took action to withdraw as they were
scheduled to have a public hearing on that application that evening. To wrap up all loose ends,
they (Staff) needed to place it on your agenda this evening. There has been a Request to
Withdraw and it has been accepted as withdrawn by City Council. You can certainly make a
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motion to that effect here to close the loop for Application AX-25-01.
Mrs. Denney stated that the question would be just as a matter of keeping a good paper trail here.
He has asked for a motion to withdraw and even though City Council is ahead of us because they
have already addressed the withdrawal, maybe in order to close the loop we should just go ahead
and make a motion based on his Request to Withdraw.
Mrs. Denney moved to withdraw the request for AX-25-01 Lands of Robert Pellegrino at 582
Acorn Lane based on the applicant’s Request to Withdraw, seconded by Mrs. Welsh.
Mrs. Maucher asked that since we held the public hearing open, do we need to close that as well?
Mr. Witham stated that it would seem to be a moot issue since it was withdrawn before City
Council. They are considered the Court of Appeals. Since it was accepted by them, there is really
nothing to come before us.
Mrs. Denney stated that is her intention for the motion. It’s just for clarity so they didn’t skip a
step because essentially we never addressed it and sent it forward.
Mrs. Denney moved to withdraw the request for AX-25-01 Lands of Robert Pellegrino at 582
Acorn Lane based on the applicant’s Request to Withdraw, seconded by Mrs. Welsh and the
motion was carried 9-0 by voice vote.
NEW APPLICATIONS
S-25-08 PAM Rehabilitation Hospital of Dover Building Addition at 1216 and 1240 McKee
Road - Public Hearing and Review of a Site Development Plan application for two parcels of
land consisting of a total of 5.3 acres +/-. The properties are zoned IO (Institutional and Office
Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed Addition would expand
the existing rehabilitation hospital at 1240 McKee Road by 13,084 SF, adding two additions, one
totaling 10,062 SF and one totaling 3,022 SF. The application includes the addition of a therapy
garden, 64 parking spaces, associated circulation for parking, and a stormwater management
pond. The property is located on the west side of McKee Road and north of the intersection of
McKee Road and College Road. The owners of record are Dover MOB, LLC and PAM Cubed
Real Estate, LLC. Property Addresses: 1240 McKee Road and 1216 McKee Road. Tax Parcels:
ED05-067.00-01-33.00-000 and ED05-067.00-01-34.00-000. Council District 1. Waivers
Requested: Partial Elimination of Upright Curbing and Reduction of Loading Berth
Requirements. For Consideration: Superior Urban Design.
Representative: Mr. Jonathan Richard, Becker Morgan Group
Mr. Salzano stated that this is application S-25-08 PAM Rehabilitation Hospital of Dover
Building Addition at 1216 and 1240 McKee Road. The parcels are owned by Dover MOB, LLC
and PAM Cubed Real Estate, LLC. Both parcels are zoned IO (Institutional and Office Zone)
and are subject to the COZ-1 (Corridor Overlay Zone). The existing land uses on the parcels are
an existing Rehabilitation Hospital at 1240 McKee Road and a vacant parcel of land at 1216
McKee Road. The proposal before you today is a request to expand the existing Rehabilitation
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Hospital with two additions. One totaling 10,062 SF and the other totaling 3,022 SF. The project
will add 64 parking spaces to the site to be in compliance with the required parking as well as
any associated site circulation and storm drainage required. The applicant has requested two
waivers: a partial elimination of upright curbing which Staff has granted and a reduction of the
loading space requirements which the Planning Commission shall consider tonight. They have
also requested consideration of the Superior Urban Design. Planning Staff has provided review
comments for this project starting on Page 7 of the DAC Report. The Planning Commission is
charged with evaluating this Site Development Plan per the Zoning Ordinance Article 10 Section
2 and against the requirements of the COZ-1 (Corridor Overlay Zone) and the IO (Institutional
and Office Zone) requirements. The applicant is also here to make a presentation and help
answer any questions if necessary.
Mr. Richard stated that as Mr. Salzano mentioned, this is on McKee Road on the west side of
McKee Road and north of College Road. It backs up to the subdivision known as Emerald
Pointe. This project came before this body in March 2017 and PAM opened their doors in
December 2018 and has been operational since then. PAM has purchased the southern parcel and
northern parcel that abuts the north and south of the subject site. As of last year, PAM is looking
to expand their operations at their Dover facility. As Mr. Salzano mentioned, they have an
existing building of approximately 32,000 SF gross floor area with two floors. There are two
additions that will occur that totals about 13,000 SF gross floor area, bringing the overall site
gross floor area to about 56,000 SF gross floor area. Currently, there is 35 beds for this
rehabilitation hospital and they are looking to expand with 12 beds for the patients that they
currently serve now. As Mr. Salzano mentioned, there are 189 parking spaces that are proposed
so they meet the requirements for the City of Dover Code. There is one loading space that they
are looking for a waiver. The Code actually references that they should be providing three. The
reason why they are requesting one loading space is that the scheduling of deliveries only
requires one so they don’t really need to have the additional two that are required by Code. As
you will notice on the Site Plan itself, this has the stormwater management on the south side and
then there is an outdoor therapy garden for patients that seek rehabilitation. It helps the patients
work on their mobility on traversing multiple surfaces such as pavement, concrete, stone, and
one other material that he can’t remember at the moment. There is actually steps and ramps out
there as well so the patients can gain that mobility back themselves. The architectural view
shows that the building is going to be an expansion of what is currently there now. It’s going to
have the same configuration as far as the exterior with EIFS and some corner stone items and
stone at the very bottom of the façade itself. He thinks the colors are going to still remain which
is the tan and a darker tan. As Mr. Salzano mentioned, they are requesting a Waiver for upright
curbing directly adjacent to the stormwater management pond to have that ability to drain
sheetflow into the pond itself. As he already mentioned, the reduction in the loading dock
requirements from three down to one based on the fact that the scheduling of the deliveries is
only necessary to have one itself. Based on Section 27.61A, the maximum setback is 90 feet or
the plan has to exhibit Superior Urban Design in Section 27.62. The addition that is going to be
going on the south side is going to directly line up with the existing building right now. So, we
currently would meet the existing requirement or existing setbacks set forth back in the 2017
Plan approval that they received. The second one is Section 27.63A, parking is not permitted
between the building and the street (except when) the Plan exhibits the Superior Urban Design.
Back in 2017, they obtained the Superior Urban Design approval on this for ADA spaces alone.
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They have done the same for this particular Plan; only adding the ADA spaces because of the
existing entrance in the front of the building itself. There is a sprinkle of ADA spaces around the
Site Plan itself. A couple of the requirements that they have to provide as far as the Superior
Urban Design and how we meet that. These are several that are up on the screen that we believe
that we will meet with the site itself. There is a multi-modal transportation aspect of it, which
they are providing a sidewalk connection as a barrier free pedestrian access from McKee Road to
the site itself. For the architectural features, as he mentioned before, it is going to be constructed
with EIFS siding bands, corner quoins coping and trimmed with stone veneer on the building
itself which will match the existing building already there. The robust landscaping is going to be
in the front and around the therapy garden and the plants that are in the back. He thinks this
aerial (image) was slightly dated. As you can tell, there are several landscaping trees that are up
at the front that have grown over time since this aerial has been taken. He thinks that in
conversations with Mrs. Melson-Williams, she has mentioned that a couple of the landscaping
trees out there have died over a period of time. He thinks they will kind of go back and refresh
those that have need be. The last item that they would meet for the Superior Urban Design would
be the green technologies. They are currently going through the process right now of figuring out
the stormwater management that is going to be for the site but he believes that it is going to be an
infiltration practice or quite possibly a submerged gravel wetland which meets DNREC’s current
requirements for green best management practices. A couple other notes that he just wants to
bring up. They have met with DelDOT on this subject project and they have said that there is no
TIS (Traffic Impact Study) required for this particular project. Our trips are low enough that they
do not require a TIS. It actually happens to be an additional 162 trips to the site itself. DelDOT
will only be requesting for the parcel that is currently vacant, to widen that multi-use path that is
out in front and to upgrade an existing bus path that is out there. The site currently has a left turn
lane, a right turn lane and a full access entrance that is usable today. A couple other items that he
does want to mention is that this is existing business looking to grow within the community and
to better serve the community. This is a plus for the Dover community itself. This operation,
meaning PAM, has two others in the State of Delaware: one in Georgetown and one in Milford.
They are looking to bring a couple of services that they have in those other two locations to
Dover. One being the outdoor therapy garden and they plan on adding a little bit more of
outpatient services to this facility as well. He would like to say that they are in review of Staff’s
DAC Report and they agree with the Report.
Mrs. Denney stated that she is retired but having managed an orthopedic surgery, she thinks
these rehab centers are sorely needed. She thinks we need more and she thinks it is in keeping
with what is there; so, she thinks it’s a needed addition.
Mr. Witham stated that he is curious as to where the proposed therapy garden is going to be.
Responding to Mr. Witham, Mr. Richard stated if you look in the right-hand corner of the plan
shown on the screen that is going to be the outdoor therapy garden. It is kind of like a walking
track so to speak. The different surfaces that he was mentioning are bits and pieces of the track
itself. Then in the center of the track is kind of a field so to speak. There is a canopy that stands
out there and a couple of steps and a ramp so the patients can traverse like they would be going
to a house or a store of some sort.
Mr. Witham asked if the access to get to the therapy garden crossed any parking area.
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Responding to Mr. Witham, Mr. Richard stated that it does cross the parking area. It is a little
long in length but he thinks the reason why that is, is they try to reserve as much room for a
larger truck to back into the loading area. But they are looking at options to kind of shorten that
up a little bit.
Mr. Witham stated that he assumes they have that well marked for pedestrian safety. Responding
to Mr. Witham, Mr. Richard stated yes, they will have a crosswalk there and probably a couple
of signs and so forth.
Mrs. Welsh stated that she was thinking the same thing as Mr. Witham while reading that
comment about access to the therapy garden and she sees it goes straight across the parking area.
But you say that you are going to evaluate a different path, perhaps to get there? Responding to
Mrs. Welsh, Mr. Richard stated that unfortunately, there is not really a different path to get there.
This is kind of the only space that they have leftover to place an outdoor therapy garden area.
Looking at the plan visually, there may be an option to the left in the rear. He showed space on
the screen that is unavailable green space. It is actually used for stormwater management because
we have a sub-surface stormwater management facility underneath the parking lot. That is kind
of an overflow detention area. The next closest available spot that we have to place an outdoor
therapy area happens to be in that lower right-hand corner of the site itself. Yes, it is a long
distance away and they are looking at running larger vehicle templates through there to see if
they can actually shorten up that distance a little bit. He can’t guarantee that it will be down to a
24-foot drive aisle, but they might be able to shorten it up a little bit.
Mrs. Welsh stated that when she looked at it she thought that was kind of a long way across the
parking lot. Responding to Mrs. Welsh, Mr. Richard stated that these patients are not walking out
there by themselves. They typically have a Staff member that will be tending to them so they will
have a crossing guard so to speak that will help them get across the parking lot.
Mrs. Melson-Williams stated that she wanted to note that there is a person that has joined us
online that is part of the project team. It is listed as Barry Travis with PAM. She doesn’t know if
he has any additional comments as part of the applicant team that he wishes to make.
Mr. Travis stated that he did not have any additional comments.
Mr. Witham opened a public hearing.
Ms. Michelle Keiffer – 411 Topaz Cir Dover, DE 19904 (virtual participant)
Ms. Keiffer stated that the only issue that she foresees is when construction begins. She is more
worried about the back part of her property there. Responding to Mr. Keiffer, Mr. Richard stated
that he is not sure exactly where she is located based on the aerial but he will say that there is
going to be no disturbance on the other side of the property line. As you can tell, we currently
already have a fence and a buffering that backs up to the Emerald Pointe Subdivision itself and
then they are just going to be creating an extension of the fence and landscaping screening that is
already there now.
Mr. Witham closed the public hearing.
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Mrs. Welsh moved to approve S-25-08 PAM Rehabilitation Hospital of Dover Building Addition
at 1216 and 1240 McKee Road inclusive of the DAC comments and the Waivers for the partial
elimination of upright curbing and the reduction of the loading birth requirements, seconded by
Mrs. Denney.
Mrs. Melson-Williams asked for the motion maker to clarify the Planning Commission’s stance
on the consideration of their request for Superior Urban Design.
Mrs. Welsh moved to approve S-25-08 PAM Rehabilitation Hospital of Dover Building Addition
at 1216 and 1240 McKee Road inclusive of the DAC comments and the Waivers for the partial
elimination of upright curbing and the reduction of the loading birth requirements and to also
note the applicant has demonstrated that they meet two of the requirements for the Superior
Urban Design policy and therefore they meet those requirements for landscaping and
architecture as noted by the DAC comments, seconded by Mrs. Denney and the motion was
carried 9-0 by roll call vote. Mrs. Welsh voting yes; for reasons stated in the motion. Mr. Lewis
voting yes. Mrs. Denney voting yes. Mr. Roach voting yes. Mrs. Maucher voting yes; based on
DAC comments. Mr. Baldwin voting yes. Dr. Jones voting yes; the services are much needed and
she likes to see this coming. Mr. Reaves voting yes. Mr. Witham voting yes; for the reasons set
forth on the record by the Commissioners, including the additional statement that the applicant
agrees with the conditions of approval set by DAC and it does appear to meet at least two of the
conditions for Superior Urban Design. He adds that since the present building met that Superior
Urban Design, he would extend that to the new addition as well.
NEW BUSINESS
Meeting adjourned at 8:01 PM.
Sincerely,
Kristen Mullaney
Secretary
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