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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, March 11, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/fg9exm
Event number: 2536 330 7199
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Councilman Sudler
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
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REGULAR CITY COUNCIL MEETING - March 11, 2024 PAGE 2
PRESENTATIONS
ANNUAL REPORTS
1. Planning, Inspections, and Community Development 2023 Annual Report
PUBLIC HEARING
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council meeting of JANUARY 22, 2024. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
2. Proposed Ordinance #2024-01 - Amending Appendix B - Zoning, Article 3 - District
Regulations, Section 13 - Central Commercial Zone (C-2) and other sections of the Zoning
Ordinance
Ordinance 2024-01 - Amending Appendix B - Zoning, Article 3 - District Regulations,
Section 13 - Central Commercial Zone (C-2), Article 4 - Zoning and Bulk Parking
Regulations, Section 4.14 - [C-1, C-1A, C-2, C-2A zones], Article 5 - Supplementary
Regulations, Section 6 - Dumpsters for trash and recycling, Article 6 - Off-Street Parking,
Driveways and Loading Facilities, Section 3 - Required Off-Street Parking Spaces, Article
12 - Definitions
3. Proposed Ordinance #2024-03 Comprehensive Plan Amendment 2024-Consideration of
Amendment to Map 12-1: Land Development Plan Map
Ordinance 2024-03 - Review of an Amendment to the 2019 Comprehensive Plan with
consideration of an 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. (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. Council
District 4.)
4. Proposed Ordinance #2024-04-Lands of Dover Federal Credit Union at 1079 Silver Lake
Boulevard: CPO to C-2A
Ordinance 2024-04 Review and Recommendation of a Rezoning application for a parcel of
land consisting of 5.04 acres+/-. The property is zoned CPO (Commercial and 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. (The owner of record
is 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. Planning Reference: Z-24-02
Council District 4.)
CONSENT AGENDA
ADOPTION OF MINUTES
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REGULAR CITY COUNCIL MEETING - March 11, 2024 PAGE 3
5. Regular City Council Meeting of February 26, 2024
COMMITTEE REPORTS
6. Council Committee of the Whole Report of February 27, 2024
Safety Advisory and Transportation Committee
7. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization
(MPO) Projects (Marilyn Smith, Executive Director of the Dover/Kent County MPO)
(Committee Action Not Required)
Legislative, Finance, and Administration Committee
8. Discussion - Establishing a Conduit Bond Program (Emilie Ninan, Partner at Ballard
Spahr)
(Committee Recommendation: Refer to staff for the next steps.)
9. Update from the General Employee Pension Plan and Committee Report (Bob
Gedney, General Employee Pension Chair, and Christina Kober, City of Dover
Retiree)
(Committee Action Not Required.)
10. Proposed Ordinance #2024-02 - Amending Chapter 106 - Traffic and Vehicles, Sec.
106-136 On-street disabled parking (Councilman Neil and Councilwoman Arndt)
(Committee Recommendation: Approve Ordinance #2024-02)
11. Procedure for the City Manager When Meeting with Legislators (Councilman Rocha)
(Committee Recommendation: Table to rework the procedure language.)
12. Consideration of Retitling and Regrading Positions (David S. Hugg, III, City
Manager)
A. Administrative Assistant to the Mayor
B. Accounts Payable Clerk
C. Administrative Assistant to City Clerk/City Council
(Committee Recommendation: Approve retitling and regrading of the Accounts
Payable Clerk being effective immediately. Approve the retitling and regrading of the
Administrative Assistant to the Mayor position to Executive Assistant and Constituent
Liaison to the Mayor, effective July 1, 2024. Approve retitling and regrading of the
Administrative Assistant to the City Clerk, Assistant to the Director of Council Affairs
and Constituent Services/FOIA Coordinator/Records Retention, Assistant City Clerk,
and City Clerk effective July 1, 2024.)
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REGULAR CITY COUNCIL MEETING - March 11, 2024 PAGE 4
MONTHLY REPORTS - January 2024
13. City Council’s Community Enhancement Fund Report
14. City Manager’s Report
15. Controller/Treasurer's Budget Report
16. Fire Chief's Report
17. Police Chief's Report
APPOINTMENTS/REAPPOINTMENTS
18. Dover Human Relations Commission-Fourth District Appointment - Dr. Travis Mishoe
Sudler - Three-Year (3) Term to Expire February 2027
19. Appointment of Delaware Municipal Electric Corporation (DEMEC) Representative and
Alternate Representative (David S. Hugg, III, City Manager, and Paul Waddell, Electric
Director)
ITEMS NOT ON THE CONSENT AGENDA
20. SETTING OF PROPERTY ASSESSMENT APPEALS - Staff recommended that the 2024
Property Assessment Appeals be scheduled for June 03, 2024, through June 07, 2024, from
9:00 a.m. until 4:00 p.m.; and one evening (if needed). The hearing times are subject to
change.
ORDINANCES
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council Meeting of FEBRUARY 26, 2024. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
21. Proposed Ordinance #2024-06 - Amending Chapter 102 - Taxation, Article VIII - Lodging
Tax (David S. Hugg, III, City Manager, Councilman Anderson, and Councilman Neil)
(Staff Recommendation: Approval of Ordinance 2024-06)
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #1.
City of Dover, Delaware
Department of Planning,
Inspections & Community Development
2023 Annual Report
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Item #1.
Planning, Inspections & Community Development
2023 Annual Report
Front row left to right: Greg A., Chris S., Nichole A., Dawn M-W., Tracey H., Maretta S-P., Michael B., Ray M., Eddie K.,
Back row left to right: Sharon D., Kristen M., John E., Taryn B., Sierra B., Matthew B., Lauren E., and Phillip L.
Not pictured: Jason O., Sean C., and Katherine O.
Introduction
The Department of Planning, Inspections & Community Development (Department) continued to serve the
community in 2023 through the combined efforts of the five Department Divisions: Building Inspections,
Office of the Fire Marshal, Code Enforcement, Permits and Licensing, and the Planning Office. The staff
associated with these Divisions have made it clear that they are a team, striving to make Dover a safe place
for people to live and work. It has been a challenging year, particularly with various staffing shortages, but
staff could always be counted on to work together to meet critical objectives. One of the personnel changes
within the Department was the departure of the Director in October 2023. This lead to the Assistant City
Manager Sharon Duca providing administrative assistance to the team until this position is filled.
The Building Inspections Division guided new construction, renovations, additions and tenant fit-outs
through the performance of 4,108 building inspections and 174 Certificate of Occupancy inspections. We
saw a decrease in Building Permits issued for new homes in 2023 (81 in 2023 vs. 116 in 2022). However,
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Item #1.
2023 also many non-residential projects including the start of the Kent County Family Courthouse and Park-
ing Garage structure. We also saw the completion of the Delaware Solid Waste Authority Administration
Building, the new Dover Middle Schools at 1 Pat Lynn Drive, and the Rail Haus Beer Garden.
The Office of the Fire Marshal was fully staffed throughout the year. This Office is responsible for conduct-
ing annual inspections on public occupancies to ensure a building is safe prior to an emergency occur-
ring. Staff performed 388 annual fire/life safety inspections which identified 1,345 deficiencies. They also
investigated 309 fire/life safety complaints, issued 97 Fire Protection Permits ,and performed 61 fire investi-
gations.
To ensure properties are within the confines of the Dover Code of Ordinances, the Zoning Ordinance and the
Property Maintenance Code, the Code Enforcement Division performs inspections and responds to com-
plaints. In 2023, staff opened 4,520 cases relating to violations and conducted a total of 10,904 inspec-
tions. This Division was down one position at the close of 2023.
Permits and Licensing was also fully staffed throughout the year. They continued to provide customer ser-
vice to contractors and the public alike. They are responsible for the receipt and processing of all Permits,
Business Licenses, Occupancy Permits and Rental Dwelling Permits. Total Rental Dwelling Permits came in
at 3,460 licenses which is down 2.1% from last year. Business Licenses at 3,684 were also down by 2.4%.
Focused on zoning and land use administration, the Planning Office provides support to three Boards and
Commissions and administers various programs. These programs include the Community Development
Block Grant Program, American Rescue Plan Act (ARPA) fund disbursement, and Downtown Development
District (DDD) City incentives. Additionally, the Planning Office processed 44 new development applica-
tions for plan review as well as 817 permits during the period. This Division was down two positions at the
close of 2023.
While some numbers were down, possibly due to economic factors in a post-COVID environment, actions
required of all staff still remained high. As noted above, this Department is a team, working hard to address
the needs of the community, while striving for friendly and efficient services.
We look forward to 2024 as we continue to make the City of Dover
a place where people want to live, work, play, and visit!
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Item #1.
Department of Planning, Inspections & Community Development
Our Mission remains:
•Guide and direct future development;
• Provide timely, friendly, helpful and efficient services;
• Protect the public health, safety and welfare; and
• Strive for a vibrant, balanced and sustainable economy.
The Report that follows describes the activities of the Department of Planning, Inspections & Com-
munity Development and its Divisions of Building Inspections, Office of the Fire Marshal, Permits
& Licensing, Code Enforcement, and Planning.
Personnel Changes
The continued dedication and professionalism of the staff of the Department of Planning, Inspec-
tions & Community Development is a critical element in providing services to the community.
These qualities allow Staff to successfully interact with the residents of our City and support contin-
ued community improvement. At the end of 2023, the Department consists of 19 Staff (authorized
level is 22 positions). There were a number of staffing changes within the Department during 2023.
The change is as follows:
• Katherine Oehmke joined the Planning Staff as a Planner I on January 3, 2023.
• Michael Bailey joined the Inspections Staff as an Inspector I on May 1, 2023.
• Lauren Eisenbraun joined the Code Enforcement Staff as an Inspector I on July 24, 2023.
• Mike McGregor (Inspector II) retired from the City of Dover on May 19, 2023 with 22 1/2 years
of service.
• Ron Coburn (Inspector II) retired from the City of Dover on October 27, 2023 with 22 1/2 years
of service.
• Julian Swierczek (Planner II) departure from the City of Dover was October 6, 2023.
• Mary Ellen Gray (Director) departure from the City of Dover was October 13, 2023.
Welcome to the Department of Planning & Inspections team!
And Thank You to all Staff for their continued dedication to DOVER!
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Item #1.
Building Inspections
Staff:
Michael Bailey, Inspector I
Greg Akers, Chief Building Inspector/Plans Examiner
Chris Scott, Licensed Plumbing / HVAC Inspector II
New Construction, Renovations, Additions and Tenant Fit-Outs
Mr. Akers supervises construction inspectors, reviews construction documents and permits, meets with design
professionals regarding construction projects and Dover’s permit process. Mr. Bailey reviews plans and per-
mits, performs inspections of residential buildings and related commercial building items. Mr. Scott’s respon-
sibilities include plans review and performance of plumbing and HVAC inspections for commercial and resi-
dential buildings under construction. The combined efforts of all staff resulted in the performance of 2,123
Building Inspections, 1,985 Plumbing/Mechanical Inspections, and 174 Certificates of Occupancy Inspections
this year. A total of 1,914 Permits were applied for in 2023 of all Permit Types (Building, Plumbing, Mechani-
cal, Fire Protection, Demolition, and Sign Permits).
Additional Duties
The Building & Inspections Staff assists in revitalizing existing structures through the plans and permits pro-
cess, responds to inquiries related to construction, assists in property damage assessment after significant
damage causing events occur, and enforces licensing of contractors and design professionals. The team pro-
vides guidance, support and proper enforcement of the codes for construction and/or repairs regulated by the
Building and Life Safety Codes.
Summary Description
Building and Life Safety Codes address occupancy, structural strength, means of egress, sanitation, adequate
lighting and ventilation, accessibility, energy conservation, and life safety in regard to new and existing build-
ings, facilities and systems. These issues are specific to structures and adjacent structures as they may relate.
Staff continues to look forward to Dover adopting the International Code Council’s, (ICC) latest codes to re-
place previous versions.
Qualifications
Dover’s Building Inspectors are qualified via a combination of certifications and licenses. Our inspectors are
required to achieve or exceed 45 hours of training within 3 year time periods in order to maintain their certifi-
cations. These qualifications combined with years of experience in both private and public sectors places them
among the best in the industry. Greg has 20 years of private sector experience, this combined with 21 years of
City service brings 41 years of industry experience to the team. Greg holds certifications in Building, Com-
mercial, Residential, and Housing. Chris over the years has achieved 10 ICC certifications in several disci-
plines and is also licensed through the State of Delaware as both a Plumber and HVAC Mechanic. In addition,
Chris has taught the Plumbing trade at Polytech night school for over 11 years. In May 2023, this Division
experienced the retirement of Mike McGregor (Building Inspector II) after over 20 years of service. Mike was
also ICC certified in various Building, Commercial, and Residential areas. Michael Bailey (Inspector I) joint-
ed the staff of this Division after serving in the Code Enforcement Division and is working towards achieving
the appropriate certifications.
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Item #1.
Fire Marshal’s Office
Staff: (left to right)
Jason Osika, Fire Marshal/Inspector III
Sean Christiansen, Deputy Fire Marshal / Inspector I
Matthew Brown, Deputy Fire Marshal / Inspector II
Phillip Lewis, Deputy Fire Marshal / Inspector II
The Fire Marshal’s Office has a staffing level of 4-full time employees.
The breakdown is the Fire Marshal/Inspector III and three Deputy Fire
Marshals which can hold the position of Inspector I or II. Currently, the
office has two Inspector II’s and one Inspector I.
The Fire Marshal’s Office is responsible for conducting annual inspec-
tions in various public occupancies to include assemblies (facilities used
for gathering of 50 or more people). This includes but not be limited to,
auditoriums, assembly halls, club rooms, conference rooms, courtrooms,
dance halls, drinking establishments, gymnasiums, libraries, chapels,
motion picture theaters, places of religious worship, restaurants, and the-
Kent Budget Motel
aters. Other public occupancies inspected are educational facilities, day
cares, health care, ambulatory health care, residential occupancies (such
as lodging and rooming, hotel, dormitory, apartments, and bed and
New Street
breakfast), residential board and care, mercantile over 10,000 SF, busi-
ness over 10,000 SF, industrial, storage over 10,000 SF, and assembly
special provisions (such as special events, outdoor facilities which are
not part of the normal every day operation of the building/land use, car-
nivals, circus, fireworks, pyrotechnics displays, and outdoor music con-
certs/festivals). The Fire Marshal’s Office handles a variety of fire relat-
ed complaints such as over-crowding, blocked means of egress, fire
lanes, and impaired fire protection. New fire suppression systems
(sprinklers), fire alarm systems, hood suppression systems, and other
Riverside
forms of fire protection are accepted into service by the Fire Marshal’s
Road
Office. The Fire Marshal’s Office is also part of the Certificate of Occu-
pancy approval process.
In addition to the inspection related responsibilities the Fire Marshal’s
Office is responsible for the investigation of origin and cause of fires and
explosions within the City of Dover. All employees of the office are on
an on-call rotation for any after-hours fire or life safety complaints re-
ceived, structural complaints, and buildings/residences needing condem-
nation. When not on call, all deputies are subject to call back. All em-
ployees also work special events such as race weekend, music concert/
Target
festivals, fireworks, Comic Con, Delaware Pride, Dover Days, Delaware
State University Homecoming, OctDoverfest, African American Festi-
val, History Heritage and Hops, St. Patty’s Day, and Hispanic Heritage.
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Item #1.
For the Calendar Year 2023, the following is a breakdown of activity for the Fire Marshal’s Office:
• Annual Fire/Life Safety Inspections: 388 with
1,345 deficiencies—This is where deficiencies
are noted for correction to make sure the
building is safe prior to an emergency happen-
ing.
• Certificates of Occupancy Inspections /Fire
Protection Acceptances Tests: 127—This
number identifies new areas being occupied,
and new/additional fire systems being put into
place.
• Administrative Walk-through Inspections &
Meetings: 213—This is a very important function that Dover does,
and many other municipalities do not do. When you have an up-
coming project in Dover, you can meet the Chief Building Inspector
and Fire Marshal on site for a walk through to help guide you to-
wards a plan for success!
• Fire/Life Safety Complaints: 309—These are citizen complaints on
life safety items and deficiency reports from authorized contractors
College Road
reporting issues with the fire system. We check on all of these to
ensure compliance.
• Plan Review: 132
• Fire Permits: Issued 97 with an income of $59,303
W. Loockerman
Total of 61 Fire Investigations with a Total Fire Loss of
$6,141,857:
• Accidental: 37 with a total amount of $1,254,602 in damage.
• Incendiary: 12 with a total amount of $4,087,253 in damage. Ar-
rest in conjunction with Dover Police Department-Total 4.
• Undetermined: 12 with a total amount of $800,002 in damage.
• Subject Injured/Burned Investigations: Total of 4
• Fire Deaths: Total of 0
• Investigation Time: 233 hours
• Fire System Saves: 14 Saves—This is where a smoke
detector, fire alarm system, fire suppression system
(sprinkler), or fire extinguisher played a factor in
providing early notice to occupants to exit or suppressed
the fire until the fire department arrived.
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Item #1.
Code Enforcement & Property Maintenance
Staff: (left to right in photo)
John England, Inspector II
Sierra Brown, Inspector II
Eddie Kopp, Inspector III-Supervisor (center)
Ray Morris, Inspector I
Lauren Eisenbraun, Inspector I
The Code Enforcement Division is responsible for
Property Maintenance enforcement activities within
the city. The Division hired a new inspector in the year
but the Division is down one Inspector following the
retirement of Ron Coburn (Inspector II) in October
2023.
Types of Cases
Staff opened a total of 4,520 cases with regards to vio-
lations of the Dover Code of Ordinances, Zoning Ordi- Annual Rental Housing Inspections 1,297
nance, and Property Maintenance Code. Code En- Property Maintenance Exterior/Interior 327
forcement staff also conducted a total of 10,904 in-
Tall Grass and Weeds 777
spections related to property maintenance. (Note: more
than one case may exist on a property) No Valid Business License 87
No Valid Rental Permit 285
Dangerous Buildings 101
Staff observed a total of 5,811 violations. The top 3 Dover City Ordinances (Violations) 781
violations were Tall Grass (777), Smoke Detectors Abandoned Vehicles 118
(418), and Junk and Debris (310). Other Cases 747
TOTAL 4,520
The Code Enforcement Officers registered a total of Causes for Case
110 new Vacant Buildings within the City limits of Citizen/Tenant Complaint 515
Dover. Currently, Staff estimates that there are approx- Owner 33
imately 150 of these structures still vacant.
Other Department Referral 820
Routine Inspections 1,157
Staff Initiated 1,857
The Code Enforcement Officers investigated and
found 101 Dangerous Buildings throughout the City. Other Cause 138
Staff estimates a total of 70 active Dangerous Build-
TOTAL 4,520
ings.
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Item #1.
Permits and Licensing
Staff: (left to right in photo)
Nichole Arnold, Office Assistant II
Kristen Mullaney, Licensing & Permitting Supervisor
Taryn Bauer, Office Assistant II
The Permits and Licensing Staff is the first contact most customers have with the Department of Planning,
Inspections & Community Development with the City of Dover especially as they enter the City Hall Build-
ing. This Staff is responsible for the receipt and processing of all Permits, Business Licenses, Occupancy Per-
mits, and Rental Dwelling Permits and their associated fee payments. These Staff schedule all Inspections
performed by the Department, assist customers, and answer inquires. They respond directly to questions re-
garding permitting and licensing procedures and schedule appointments and meetings as required. The charts
included later in this Report are examples of the volume of Permits and Licenses received by this Staff.
Their contributions to customer service are immeasurable. While much of their work cannot be directly
quantified, without their efforts, the Department could not function. They present a high standard of prompt
and courteous service.
For Example New House Construction Involves:
3 Permits, over 15 Inspections, Certificate of Occu-
pancy Inspections and Permit, and various Licenses
( i.e. Business Licenses and possibly a Rental Dwell-
ing Permit).
Sometimes you just need a break! On a beautiful Fall
afternoon, Department Staff participated in a team
building activity with a round of mini golf at a local
facility with lots of laughter, fun, and learning about
our co-workers.
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Item #1.
Planning Office
Staff: (left to right in photo)
Dawn Melson-Williams AICP, Principal Planner
Tracey Harvey, Community Development Manager
Maretta Savage-Purnell, Administrative Assistant
Katherine Oehmke, Planner I
The Planning Office is focused on both current and long-range plan-
ning activities including zoning and land use administration, support
of three Boards and Commissions, and administration of various pro-
grams. The Planning Office is part of the review process for certain
types of construction activity permits (Building Permits, Sign Per-
mits, etc.) and Certificate of Occupancy permits. The review and inspection efforts of the Planning Staff re-
sulted in a 2023 calendar year total of 817 Permits and 211 Certificates of Occupancy (Temporary & Final).
Additionally, Staff reviews new applications for Business Licenses and Rental Dwelling Permits. The long-
range planning activities include participation in the development of several studies and continued efforts in
the implementation of the 2019 Comprehensive Plan; see other
sections in this Report.
The Planning Office coordinates the review and approval of all
development applications including the associated support of the
Planning Commission, Board of Adjustment, and Historic District
Commission as they review applications. In 2023, the Planning
Office processed 44 new applications and continued review of ap-
plications from previous years. See the Application Tables in this
Report. For 2023, the Board and Commission Meetings continue
the use of a Hybrid meeting format with the In-person Meetings also presented with a Virtual Meeting com-
ponent using WebEx as the audio/video conferencing system. This allows for various options for meeting
participation by the public. Planning Staff continues to utilize the Municode Meetings software system for
Meeting Agendas and Packet preparation for the three Boards & Commissions we support.
Training and learning activities for Planning Staff included numerous virtual workshops and seminars during
the year including offerings by the Delaware APA Chapter Meeting and other workshops; training sessions
by the Institute for Public Administration at the University of Delaware; the Preservation Delaware Annual
Conference; and the American Planning Association’s National Planning Conference as the NPC2023. These
are training opportunities for all Staff, but especially necessary for the AICP Planners (currently one) with
continuing education (Certification Maintenance for AICP) requirements.
Staff changes for the Planning Office in 2023 began with the hiring of Katherine Oehmke (Planner I) who
started on January 3, 2023 filling a vacancy. Then in October, the Division experienced the loss of two Plan-
ners with the departure of Julian Swierczek, AICP (Planner II) who left to join the Planning Department of
the City of Alexandria, Virginia and departure of Mary Ellen Grey, AICP (Planning Director) who left to
join the City of Rehoboth Beach, Delaware. At year’s end, these positions were still unfilled.
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Item #1.
Community Development
The Community Development Block Grant Program (CDBG) expands opportunities and housing choices for
low and moderate income persons living in Dover and protects the public health and welfare of Dover citi-
zens. It performs the following tasks:
• Provides CDBG grants to sub-recipients that provide services to low/moderate income persons.
• Provides rehabilitation assistance to sub-recipients who service low/moderate income persons.
• Provides housing assistance to emergency shelters for the homeless.
• Provides homeownership assistance to first-time homebuyers that purchase affordable housing in
the City of Dover.
The following projects were completed during the program year:
Homeownership Assistance Program—Throughout the year, six (6) families received a grant from the
City of Dover’s Homeownership Assistance Program and purchased affordable housing in the City.
Dover Interfaith Mission to the Homeless—CDBG funds were used to provide operations costs for the
homeless shelter. A total of 181 homeless men were serviced throughout the program year.
Milford Housing Emergency Repair Program and Homeowner Rehabilitation Programs— CDBG
funds were provided to complete emergency home repairs and minor rehabilitation repairs for six (6)
owner occupied homes eliminating health and safety hazards.
Central Delaware Housing Collaborative —CDBG funds were used to provide operations cost for a 16
bed women’s homeless shelter.
American Rescue Plan Act (ARPA)
City Council approved to award a little over $1.8 million in ARPA grant funding for Housing and Commu-
nity Service projects. All projects are underway. A little over $1.4 million or 77% of funds have been spent
on Round 1 of ARPA funding year at end of 2023. Dover Housing Authority, Murphey School and Reading
Assist have completed their projects. ARPA Round 2 funding for a little under $500,000 was awarded to
subgrantees in April 2023. Projects are currently underway. Twelve percent (12%) of funds have been
drawn down by calendar year end for Round 2 with Murphey School completing their project.
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Item #1.
Downtown Development District
Dover received designation as a Downtown Development District in January 2015
as the cities of Dover, Seaford and Wilmington were selected as the first Districts in
Delaware. In 2017, the City of Dover Planning Office dedicated staff to the admin-
istration of the Downtown Development District Program as well as increased coop-
eration with groups like the Downtown Dover Partnership to encourage program
participation. This was done to help better ensure the continued success of the incen-
tives program to attract new businesses and homeowners to the Downtown area. In 2022-2023, the Planning
Director served the Administrator of the Downtown Development District with the City Manager then serv-
ing as the Acting Administrator with the departure of the Director (in October).
The City Planning Staff administers a series of City Incen-
tives in the Downtown Development District. Over the
course of 2023, the City authorized $33,837.35 in Permit
Fee Waivers for 14 properties for the purpose of new hous-
ing or business renovations. This is an increase of
$10,228.85 over 2022. Included in the projects for 2023
were 7 new single-family homes and 7 commercial renova-
tions. The new homes were mostly credited to Central Dela-
ware Habitat for Humanity with other entities like Neigh-
borGood Partners (formally known as NCALL) also work-
ing on housing efforts with their Restoring Central Dover
plan.
The City also waived Business License Fees in the amount
of $125.00 in the aim of incentivizing business growth in the
Downtown Development District. Business License Fee
Waivers may be utilized by an applicant for a period of no
more than three years. The single new business license fees
waived in 2023 was for the much-anticipated Rail Haus.
According to the Office of State Planning Coordination, the
Downtown Development District inspires 13 dollars of pri-
vate investment for every 1 dollar in DDD funds. The
City’s Incentives are a compliment to the State of Delaware’s Rebate Program administered by the Delaware
State Housing Authority. In the program eligible investors may qualify for rebates on a portion of their in-
vestment. In the calendar year 2023, Delaware State Housing Authority issued 7 rehabilitation project re-
bates totaling $205,792. The largest of these was a project at 108 West Loockerman Street.
Associated with a focus on the Downtown area, the Downtown Dover Partnership (DDP) worked with multi-
ple public and non-profit agencies and consultant the Mosaic Development Partners of Philadelphia, PA to
study and develop a Strategic Plan. This new Strategic Master Plan known as Transforming Downtown Do-
ver: Capital City 2030 was issued in January 2023 will likely be the basis of the City of Dover’s Application
to renew the Downtown Development District designation as Dover’s designation expires in 2025. A project
for the next year will be the preparation of Dover’s Renewal Application to renew the DDD program for an
additional 5 years.
Page 16
12
Page 17
Item #1.
2019 Comprehensive Plan
The 2019 Comprehensive Plan was recommended by
Planning Commission and adopted by City Council on
January 13, 2020 and then achieved Certification by
Governor Carney in a letter dated March 10, 2020.
The Plan was last amended in 2021 with a series of
Comprehensive Plan Amendments to Map 12-1: Land
Development Plan. Then as part of the 2021 Compre-
hensive Rezoning Project additional amendments
were made to Map 12-1: Land Development Plan and
Table 12-1: Land Use and Zoning Matrix.
Comprehensive Plan Implementation Activities
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities associated with the Plan goals and recommendations.
• A copy of the Final 2019 Comprehensive Plan (as amended) is available on the Compre-
hensive Plan website:
https://www.cityofdover.com/2019-comprehensive-plan
• Visit the Dover Parcel and Zoning Viewer on the City’s website to see zoning infor-
mation for properties located in Dover. Use the Quick Link on the main page
www.cityofdover.com
Comprehensive Plan Amendments
Each December is the annual opportunity for requests to be made for Amendments to the Comprehensive
Plan in accordance with the approved procedure for amending the Comprehensive Plan. The 2023 Amend-
ments requesting changes to the Annexation Maps 13-1 and 13-2 were unsuccessful. The Planning Office did
receive one Request for the filing deadline of December 15, 2023. This Comprehensive Plan Amendment
Request was made for changes to the Land Use Classification for a property on Map 12-1: Land Develop-
ment Plan. This Comprehensive Plan Amendment 2024 Request will be submitted for Preliminary Land Use
Services Review (PLUS) in January 2024 and will begin the formal review process
Other Planning Activities
Floodplain Management -
The City of Dover is a participating community of the NFIP – National Flood Insurance Program. Staff regu-
larly field questions on the Floodplains from property owners citywide. The Floodplain Management
webpage at https://www.cityofdover.com/floodplain-management assists in information distribution on this
topic.
Page 17
13
Page 18
Item #1.
Special Studies & Projects
• DAFB Compatible Use Study
City Planning Staff was part of the Technical Committee for the DAFB Compatible Use Study in 2022-
2023. As part of a Department of Defense program initiative, DelDOT led a study of uses in a Study Area
of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the Study included the Univer-
sity of Delaware – Institute for Public Administration and Century Engineering. In 2023, the Technical
Committee was involved in review of the Draft Study Report providing comments with the Final Study
Report issued in June. Moving forward, Planning Staff will be working with the DAFB to look at poten-
tial text amendments to the AEOZ (Airport Environs Overlay Zone) provisions of the Zoning Ordinance
• See the project website for more information on activities and the Final Plan.
https://deldot.gov/projects/Studies/dafb/
• Downtown Dover Strategic Master Plan -
The Downtown Dover Partnership’s Strategic Master Plan is known as “Transforming Downtown Dover:
Capital City 2030” and was issued in January 2023. The Downtown Dover Partnership retained consult
services (a Project Team lead by Mosaic Development Partners) for the development of this Strategic
Master Plan. For 2023, various partners are focusing on aspects of Plan implementation. Beginning in
April 2023, the Planning Office Staff Working Group focused on looking at potential ordinance and poli-
cy changes for the C-2 zoning district related to land use and zoning activities and other plan implementa-
tion items. In October, a series of stakeholder meetings and a Walk-in Workshop for the Public were held
to gather input on concepts for changes to the C-2 Zone focused on uses, building height, parking, and
miscellaneous issues. At the direction of City Council and the Council Committee of the Whole – Legis-
lative, Finance and Administration Committee’s recommendation (of October 24, 2023), Planning Staff
worked on drafting the text amendment language for the potential revisions to the C-2 zoning district fo-
cused on uses, building height, parking, and miscellaneous items. The proposed text amendment package
will be presented in early January 2024.
• See the project webpage for more information activities: https://
www.downtowndoverpartnership.com/ddp/Downtown-Dover-Strategic-Master-Plan/
Ordinance Amendments: Research and Development
Several text amendments to the Zoning Ordinance were worked on in 2023. The process of text amendment
and ordinance development and adoption involves research by the Planning Staff, consultation with stake-
holders on specific topics, review by City Council Committees, and then formal review and public hearings
by the Planning Commission (for recommendation) and City Council (final action). Adopted in early January
2023, there was the Text Amendment from 2022 focused on revisions to the permitted uses and conditional
uses in the IPM-2 zoning district (MI-22-05; Ordinance #2022-21). One Text Amendment adopted in October
2023 focused on adding indoor recreation and amusement establishments as a permitted use in the C-2 zone.
A Planning Staff Working Group also researched and began development of proposed amendments to the C-2
zone and related development regulations. See Summary Table as follows for 2023 activity.
Page 18
14
Page 19
Item #1.
Ordinance Amendments Adopted in 2023
File Number Topic Text Amendment Action Date
& Ordinance
MI-23-03 Text Amendment: C-2 Zone – Indoor Recre- Zoning Ordinance, Article Recommendation by
ation 3, Section 13 Planning Commis-
Ordinance sion: October 16,
#2023-08 Added permitted use of indoor recreation 2023
and amusement establishments
Adopted: October
23, 2023
MI-23-04 Text Amendment: C-2 Zone: Uses and Zoning Ordinance, Article Starting formal re-
Standards 3, Section 13; Article 4 view process in Janu-
Ordinance Section 4.14; Article 5 ary 2024
#2024-01 with Revises uses and bulk standards for C-2 Section 6; Article 6 Sec-
LFA#1 Zone; add design standards for C-2 Zone; tion 3.1;
revises Dumpster provision; revises parking Article 12
requirements; add definition
Page 19
Page 20
Item #1.
Boards and Commissions
Historic District Commission
The City of Dover, Delaware Historic District Commis-
sion currently consists of five members. In July of 2023,
the Historic District Commission welcomed a new mem-
ber, Mrs. Ellen H. Richardson to the board. The members
during 2023 include Eric Czerwinski, Ann Baker Horsey,
Jonathan Street, Mary Terry Mason, and new member
Ellen H. Richardson. The Commission receives staff sup-
port from the Planning Office. During 2023 Eric Czerwin-
ski served as Chair and Ann Horsey served as Vice-Chair.
At the Commission’s Annual Meeting in November 2023,
Eric Czerwinski was reelected Chair. Ellen Richardson
was elected Vice Chair.
The Historic District Commission held six meetings in 2023. The Historic District Commission reviewed a
total of five (5) applications and referral items for consultation on Architectural Review Certificates in the cal-
endar year. The applications included Parking Lot Improvements for 34 The Green (associated with the Kent
County Family Courthouse Project) and then consideration of Permit Referrals for a Fence Permit, 2 Sign Per-
mits, and a Demolition/Renovation Permit (still pending).
Of the fifty-one (51) permits in the Historic District area in 2023, a total of forty-two (42) required Architec-
tural Review Certification for exterior work activities. The significant majority of the Permits were eligible for
Staff Review during the Building Permit process due to their scope of work. For example, exterior renovations
and restoration/repair of exterior finishes for a several buildings Downtown area were completed. Several oth-
er locations implemented fence projects or new signage that were accordance with the Design Standards and
Guidelines for the City of Dover Historic District Zone.
Certified Local Government Program
The City of Dover was designated a Certified Local Government in 2015 as associated with the Historic
Preservation program efforts. As part of the Certified Local Government Program comes the opportunity to
apply for grant funding for studies, education, and outreach efforts. While the timeframe to utilize a FFY2019
CLG Grant was extended into 2023, the grant project was not pursued.
Planning Commission
In 2023, the Planning Commission consisted of nine members with Ms. Andrea Maucher as Chair and Mr.
Robert Hartman as Vice Chair. At their Annual Meeting in July, Ms. Andrea Maucher was re-elected Chair of
the Planning Commission and Mr. Robert Hartman was re-elected Vice Chair. One new member was appoint-
ed to the Planning Commission to take the seat previously held by Holly Malone (did not seek reappointment
at end of term in June 2023); Mr. Mark Reaves was appointed to the Planning Commission in late October and
participated in his first meeting in November. Mr. Robert D. Hartman resigned in late November 2023; a new
member for his seat was scheduled for appointment in January 2024.
The Planning Commission met in eleven months in 2023 and reviewed a total of 24 applications. All meetings
were hybrid meetings where meetings were held In-person in the Council Chambers and also presented virtual-
ly through the Web-Ex audio/video conferencing software. The Site Plans reviewed by the Planning Commis
Page 20
16
Page 21
Item #1.
sion included two (2) new buildings for the Delaware State University Main Campus; a warehouse project
near Ridgely Street; two (2) office building projects; another car wash near DuPont Highway; four (4) apart-
ment projects; and revisions to the Implementation Plan for Eden Hill Farm TND – Residential District. The
most significant Site Development Plan review activity involved three (3) lots at the Garrison Oak Business
and Technology Center with proposals for Byler’s Warehouse (Lot #2 – under construction); a Cold Storage
Warehouse facility (Lot #8); and the Blue Hen Disposal Operations Facility (Lot #11).
The Conditional Use approvals were granted to The Hive on Loockerman Street (Business & Event Center)
and for a Building Addition to Mt. Zion AME Church. The Planning Commission made a recommendation to
City Council on one rezoning application at 2161 Forrest Avenue to rezone the property to RM-2/COZ-1 for a
potential multi-family (apartment) project. There were three applications for Subdivision in 2023 to create or
rebalance residential lots. One Annexation application brought into the City an existing single-family resi-
dence on Acorn Lane.
A total of eight (8) applications were submitted to the Planning Office for Administrative Review including
seven (7) Administrative Site Plans focus on several small buildings and parking lot improvements and a Mi-
nor Lot Line Adjustment Plan. See the Application Table Charts for mor detailed information on all Applica-
tions.
Board of Adjustment
The Planning Office received four (4) applications for review by the Board of Adjustment in 2023 and held
three meetings. The applications dealt with several residential properties and a place of public assembly. Three
of these applications were for area variances related to bulk standards (lot width, lot coverage, lot area for a
specific use, and maximum area coverage). One Appeal application was dismissed due to lack of jurisdiction.
During 2023 long-term member Colonel Arthur G. Ericson did not seek reappointment. Mr. Clarence Wagner
II was appointed to the Board of Adjustment in October 2023. Ms. E. Jane Warren resigned in November 2023
as a member of the Board of Adjustment; her seat has not been reappointed.
Page 21
17
Page 22
Item #1.
Construction Progress in Dover!
110 Lafferty Lane - Warehouse
Starting Construction...
Adding the Details and Signage...
Final Inspections...
Ready to Open and Serve!
655 Bayhealth Conference Center
20 N Dupont Hwy
Page 22
18
Page 23
Item #1.
2023: Dover by the Numbers
Certificates of Occupancy, Building, Plumbing and HVAC Inspections
5 Years View 2019 2020 2021 2022 2023
2019 thru 2023
Certificates of Occupancy 329 73 64 141 174
Building Inspections 5,726 3,710 3,024 3,590 2123
+ Preliminary
Meetings
Plumbing and Me- 7,402 2,931 2,869 3,859 1,985
chanical Inspec-
tions
Total for that year column 13,128 6,714 5,967 7,534 4,108
Coming Soon to
50 N. DuPont Hwy
Suite 10
Page 23
19
Page 24
Item #1.
Rental Licenses 2019 2020 2021 2022 2023
Lodging Houses 49 48 52 44 44
Public Occupancies 494 401 432 479 504
Rental Dwellings 3,249 3,176 3,111 3,013 2,912
TOTALS 3,792 3,625 3,595 3,536 3,460
BUILDING PERMITS ISSUED FOR NEW HOMES 2019-2023
Page 24
20
Page 25
Item #1.
BUSINESS LICENSING
Business Licenses 2019 2020 2021 2022 2023
Manufactured Homes 335 317 299 290 275
Merchants 367 326 354 326 316
Contractors 1,273 1,213 1,270 1,274 1,270
Business Licenses 2,116 1,756 1,802 1,885 1,823
TOTALS 4,091 3,613 3,725 3,775 3,684
Page 25
21
Page 26
Item #1.
Major Projects and Construction Activity 2023
Residential Construction Activity
Construction activities continued in residential subdivisions in
2023 with permits issued for a mix of one-family detached
dwellings, duplexes, and townhomes. There was residential
construction activity in Eden Hill Farm TND, Patriot Vil-
lage and Patriot Village III, Oak Shadows, Chestnut Grove
Farms, Lexington Glen PND, and Rojan Meadows PND. A
series of permits for one-family dwelling infill projects were
also issued including within the area of the Downtown Devel-
opment District and other scattered lots citywide. Also Per-
mits were issued for manufactured home placements in various
communities. Approximately 128 new dwelling units were
completed and received Certificates of Occupancy (or Tempo-
rary Certificates of Occupancy) by year’s end. A majority of the new dwellings were in Eden Hill Farm TND
and Patriot Village. While no new multi-family units were constructed, a major renovation project began for
the apartments at Owens Manor and Queens Manor. 2023 also saw continued activity with Fence, Shed,
and Deck Permits as people made improvements at their residences.
Non-Residential & Commercial Construction Activity
Commercial and other construction activity continued in 2023 with a variety of new projects starting, renova-
tion activities establishing new tenants, and projects being completed.
New Permits Issued & Projects Underway in 2023
New Permits were issued in 2023 for a variety of renovation projects and new building construction projects.
The following list consists of some projects that were started in 2023 and may not be fully complete as of
yet.
• Kent County Family Courthouse and Parking Garage Structure project at 445 and 415 S. Governors
Avenue (S-22-06)
• Building renovations on the DSU Downtown Campus and also at the Delaware State University main
campus
• Renovations at Bayhealth Medical Center
• Building Renovations and HVAC projects at Delaware Technical & Community College
• Interior renovation project at Blue Hen Corporate Center for Bayhealth
• Various office renovation projects including Delaware Restaurant Association
• New commercial building: Mod Car
Wash at 1414 N. Dupont Highway (S- 1414 N Dupont Hwy –
21-10) MOD Car Wash
• New commercial building: Neighbor-
Good Partners Office Project at 223
W. Division Street (S-23-03)
Page 26
22
Page 27
Item #1.
• Demolition of the Scull Mansion at 625 S. State Street and the Gates Buildings at 605 S. State Street in prepara-
tion for the Bayhealth Staff Parking Lot Expansion (S-20-10)
• Various Parking Lot Improvement projects at 30 The Green, 34 The Green, and 16 Old Rudnick Lane
• New building: Dover Park Community Center and Spray Pad (S-21-06)
• New building: East Carolina Warehouse at 100 Ridgely Street (S-23-01)
• New building: Garrison Homes, LLC Warehouse project at 110 Lafferty Lane (S-22-13)
Completed Projects for Renovation Activities
Building Permits were issued for building rehabilitation/renovation projects and tenant space fit-outs citywide in 2023.
The following are samples of the Renovations Activities completed from the year.
• Various Office renovations citywide including at 911 S. DuPont Highway, 500 W. Loockerman Street, 1241 Col-
lege Park Drive, the Department of Elections Offices, offices for Brandywine Counseling & Community Ser-
vices
• Healthcare related office renovations at the Eden Hill Medical Center Building at 200 Banning Street and for
Bayhealth at Blue Hen Corporate Center
• Tenant fit-outs for State Farm Insurance Offices, Burrito Bar, and Crumbl Cookies (pending) in Capital Sta-
tion
• Tenant fit-outs at 515 S. DuPont Highway including Pizza Hut and Cosmic Vape
• Tenant renovations for Sola Salon at 192 John Hunn Brown Rd
• Tenant renovations for restaurants including The Chicken House Restaurant at 865 N. Dupont Hwy, Coney Is-
land Hotdogs on Loockerman Street, and Naz Halal
• Tenant Fit-out for Key to Life Juice Bar at 136 W. Loockerman Street
• Tenant Fit-out at 60 Starlifter Avenue for Canteen Vending Company
• Tenant space renovations in the Shoppes of the Hamlet including the Nest Play Café
• Office renovations for the Dover Motor Sports Offices at the Fan Care Center Building on the Dover Motor
Speedway property
• Tenant space fit-outs at 131 Rosemary Road in multi-tenant warehouse and contractor businesses
• Renovations for Marvis Discount Tire and 280 Cowgill Street
Completed Projects for New Building Construction
The following projects involved the development of properties resulting in construction of New Buildings. They were
completed in 2023 and note the associated Site Plan Applications.
• Delaware Solid Waste Authority (DWSA) Administration Building on Energy Lane (S-19-19)
• Union Wholesale Warehouse at 679 Horsepond Road (S-20-09)
• New Dover Middle Schools project at 1 Pat Lynn Drive (S-20-02/S-20-07) opened to students in Fall 2023
(operating under a Temporary Certificate of Occupancy)
• Lion of Judah Church at 951 White Oak Road (S-19-11)
• Rail Haus Beer Garden at 92 N. West Street (S-21-12)
• New building for Chase Bank at 837 N. DuPont Highway (S-22-11)
• New warehouse/distribution facility for Frito Lay at 300 Lafferty Lane (S-22-02)
Page 27
23
Page 28
Item #1.
2023: Welcome to Dover!
Progress in Pictures
The Capital City – Growing and in motion, every day
NEW CONSTRUCTION AND RENOVATIONS PERMITS
KEEPS US MOVING FORWARD
D O V E R
U N D E R
C O NS TR UC TION
Page 28
24
Page 29
Item #1.
2023: Activity in Dover!
Progress in Pictures
Del Silver Lake Nursing at 1080 Silver Lake Boulevard—
DO Commercial Renovation
Cou
1351
rth
W.
ous
North
e
Street
445 S Governors Avenue Kent County Family Macy’s
Courthouse Footing
Omni Service Center
1365 N DuPont Highway
445 S Governors Avenue Kent County Family Courthouse Footing
Page 29
25
Page 30
Item #1.
2023: Welcome to Dover!
Progress in Pictures
225 W Division St
–NeighborGood
868 Woodcrest Drive Section I
Partners Office:
Foundation start
of Project
1500 Hopkins Avenue
411 S Queen St – Renovations at Queen Manor
Patriot Village III
William Henry Middle School—Storm Damage Repairs-
65 Carver Road
106 Lotus Street
445 S Governors Avenue
Kent County Family Courthouse by Wholsen
Construction
Bayhealth Center for Neurology Renovations—
1074 South State Street
Page 30
26
Page 31
Item #1.
2023: Welcome to Dover!
Progress in Pictures
515 S. Dupont Hwy Suite 1 60 Starlifter Avenue Ste 107 Canteen Vending
Pizza Hut
300 Lafferty Lane –Frito Lay Warehouse
5 pack of town homes
301-309 Stripes Ct
Patriot Village
837 N Dupont Hwy– Chase Bank
136 W Loockerman St
Key to Life Juice Bar
Page 31
27
Page 32
Item #1.
2023: Welcome to Dover!
Progress in Pictures
42 Wellington Drive
651 Garrison Oak Drive Byler’s Warehouse
Nottingham Meadows
117 S. Queen Street
Habitat for Humanity
1362 College Road
1241 College Park Drive
159 Revolutionary Blvd.
1506A College Road
1517 Hopkins Avenue Patriot Village
Patriot Village III
517, 519, 521, 523, 525 Ridgley Blvd– Eden Hill
Habitat for Humanity
— 15 N. New Street
1505 Hopkins Avenue
Patriot Village III
1 and 5 Barrington Way– Chestnut Grove Farms
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28
Page 33
Item #1.
2023: Welcome to Dover!
Progress in Pictures
640 S State Street (Kent General Endoscopy 532 Ruth Way– Eden Hill Farm TND
Procedure Room
951 White Oak Road—Lion of Judah Church
542 Ruth Way –Eden Hill Farm TND
300, 302, 304, 306, 308 Stripes Court– Patriot Village
515 S Dupont Hwy-Cosmic Smoke
Page 33
29
Page 38
Site Plans
Item #1.
Bldg Sq Ft
File # Plan Name Location Zoning Description Review Type (new/addition) DU Acres Parcel(s) Action 1 Action 2 Action 3
PC Review Site
East Carolina Supply 631 Ridgely Street/300 Development Plan and PC Conditional Final Approval
S-23-01 Warehouse Ridgely St. IPM Warehouse Minor Subdivision Plan 42,400 0 29 ED-05-076.08-01-01.00-000 Approval 01/17/23 04/24/23
Dover Motor Speedway Office Administrative
Renovations & Building Review Filed Project Revised to
S-23-02 Addition 868 Leipsic Road RC Offices Administrative Site Plan 6,165 0 187 ED-05-057.00-01-32.01-000 02/03/23 Reno Only 10/20/23
Neighborgood Partners 223 & 225 W Division PC Conditional
S-23-03 Division Street Office Street C-1A Office PC Review Site Plan 6,226 0 0.12 ED-05-076.08-05-29.00-000 Approval 02/21/23
Part of 2285 Forrest RM-2, PC Review Site Plan and PC Conditional
S-23-04 Leander Lakes III Apartments Avenue COZ-1 Apartments Minor Subdivision Plan N/A 200 25 ED-05-075.00-01-06.00-000 Approval 02/21/23
PC Deferred PC Conditional
S-23-05 Tidal Wave Auto Spa 245 N DuPont Highway C-4 Car Wash PC Review Site Plan 3,690 0 2 ED-05-068.18-01-13.00-000 02/21/23 Approval 03/20/23
ED-05-067.00-02-53.00-000,
ED-05-067.00-02-54.00-000,
PC Review - Site ED-05-067.00-02-55.00-000, PC Deferred PC Deferred PC Conditional
S-23-06 College Road Apartments Railroad Avenue RG-5 Apartments Development Plan N/A 385 31 ED-05-067.00-02-56.00-000 03/20/23 04/17/23 Approval 06/20/23
Kent County Administrative Admin Review Final Approval
S-23-07 Building Storage Building 555 Bay Road IO Storage Building Administrative Site Plan 2,400 0 12 ED-05-077.00-01-19.01-000 02/16/23 08/07/23
The Green Beret Project/Dover Gym/Program Admin Review Filed Final Approval
S-23-08 Housing Authority 76 Stevenson Drive RG-2 Building Administrative Site Plan 4,136 0 14 ED-05-068.15-01-03.00-000 02/22/23 12/22/23
Byler's Warehouse on Garrison
Oak Business & Technology IPM-2 PC Review Site PC Conditional Final Approval
S-23-09 Center Lot #2 651 Garrison Oak Drive SWPOZ-2 Warehouse Development Plan 37,107 0 15 LC-05-068.00-02-02.00-000 Approval 04/17/23 10/24/23
PC Conditional
S-23-10 Landing Square Phase 3A 560 Bay Road C-4 Parking Lot PC Review Site Plan 0 0 5 ED-05-077.00-01-09.01-000 Approval 05/15/23
Skipton Community Center Admin Review Filed
S-23-11 Eden Hill Farm TND 501 Ruth Way TND Community Center Administrative Site Plan 4,407 0 1 ED-05-076.04-04-96.00-000 05/05/23
TND Revised
Implementation Plan PC Review Revised
Open Space Little Eden (Revised Phases 4, 5, review of Multiple Parcels on Map ED- PC Conditional
S-23-12 Eden Hill Farm TND Way TND 6) Implementation Plan 0 05-076.04 Approval 06/20/23
ECIC (Early Childhood
Innovation Center) Building at IO PC Conditional Final Approval
S-23-13 Delaware State University 1200 N DuPont Highway SWPOZ New Building PC Review Site Plan 11,336 0 1 ED-05-057.00-01-21.00-000 Approval 07/17/23 11/01/23
Lands of Alice Rauer Parking Admin Review Filed Final Approval
S-23-14 Lot Expansion 16 Old Rudnick Lane CPO Parking Lot Expansion Administrative Site Plan 0 0 1 ED-05-086.00-02-07.01-000 05/31/23 11/07/23
Walker Road Professional PC Conditional
S-23-15 Center 101 Mont Blanc Blvd CPO Medical Buildings PC Review Site Plan 39,600 0 3 ED-05-067.19-04-52.00-000 Approval 12/18/23
Lands of Bayhealth Properties,
LLC: Blue Hen Corporate Parking Lot
Center Parking Lot Improvements (South Admin Review Filed Final Approval
S-23-16 Improvements Bay Road SC-2 End of Building) Administrative Site Plan 0 0 5 ED-05-077.00-01-19.07-000 06/07/23 09/05/23
Admin Review Filed Final Approval
S-23-17 We Care Daycare 774 Miller Drive R-8 Large Family Daycare Administrative Site Plan N/A 0 0 ED-05-068.10-01-40.00-000 07/07/23 07/20/23
ED-05-057.00-01-19.00, ED-
05-057.00-01-20.00
Delaware State University New Agricultural Portion of ED-05-057.00-01- PC Conditional
S-23-18 Agriculture Building 1200 N DuPont Hwy IO/SWPOZ Building PC Review Site Plan 10,402 0 3 21.00 Approval 10/16/23
Page 38
Page 40
Item #2.
PETITION TO AMEND TEXT of Zoning Ordinance
Public Hearing Before the Dover City Council
March 11, 2024
Recommendation from Planning Commission Meeting of February 20, 2024
With Staff and Development Advisory Committee Review
Proposed Changes: Text Amendments to the following:
• Dover Code of Ordinances, Appendix B: Zoning (Zoning
Ordinance)
o Article 3 – District Regulations, Section 13 –Central
Commercial Zone (C-2)
o Article 4 Section 4.14 – C-1, C-1A, C-2, C-2A zones (Bulk
Standards)
o Article 5 Section 6 – Dumpsters for trash and recycling
o Article 6 Section 3.1 – Required off-street parking spaces
o Article 12 – Definitions (Define Live-work unit)
Summary of Amendments: This is a series of text amendments to the Zoning Ordinance
provisions of the C-2 (Central Commercial Zone) and related
development provisions. 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). There are proposed revisions to other sections of the
Zoning Ordinance related to parking requirements and Dumpsters.
These text amendments are offered for consideration as part of the
implementation of the Transforming Downtown Dover: Capital City
2030 (Transforming Downtown Dover) Plan.
File Number: MI-23-04
Ordinance Number: #2024-01 (CCOW-LFA #1)
Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article
3 Section 13 Central Commercial Zone (C-2) and related development
provisions of Zoning Ordinance with CCOW- LFA Amendment #1
Planning Commission
Recommendation: The Text Amendment Application was presented by Planning Office
Staff. A Public Hearing was conducted on February 20, 2024 where
eight (8) members of the public spoke at the meeting and three (3)
written comments were received (over the course of its review). The
Planning Commission’s motion was to recommend approval for Text
Amendment application MI-23-04 Text Amendments: C-2 (Central
Commercial Zone) Use and Standards presented as Proposed
Page 40
Page 41
MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 2 of 8
Ordinance #2024-01 CCOW-LFA#1 and resulted in a vote of 7-0 in
favor of the Ordinance’s adoption (two members absent). (Draft
Meeting Minutes attached.)
APPLICATION: MI-23-04 Text Amendments: C-2 (Central Commercial Zone) Use and
Standards (Ordinance #2024-01 CCOW-LFA #1)
This Text Amendment Application was referred to the Planning Commission as per Zoning
Ordinance, Article 10 §5. The Planning Commission is required to provide a Review Report to
City Council. The following document and attachments are provided as the Review Report and
Planning Commission Recommendation.
I. BACKGROUND ON DEVELOPMENT OF TEXT AMENDMENTS
Introduction
The Transforming Downtown Dover: Capital City 2030 (Transforming Downtown Dover) focused
on a range of physical and programmatic solutions to provide a fresh and integrated approach to
transform Downtown Dover and the surrounding area into a vibrant, thriving community and
regional destination. https://www.downtowndoverpartnership.com/ddp/downtown-dover-
strategic-master-plan/
Background
The Downtown Dover Master Plan Code Revisions Workgroup (Workgroup) was organized in
2023 with the purpose of reviewing the Dover Code of ordinances and other comparable codes for
revitalized downtowns and to see what changes could/should be made based on the Transforming
Downtown Dover Plan. The Workgroup was made up of City Planning Staff and representatives
from the Downtown Dover Partnership. This Workgroup put together a list of suggested changes
as presented in a Memo dated September 26, 2023 “Potential Revisions to Zoning Ordinance for
C-2 (Central Commercial Zone)” and set up a series of public meetings to ascertain public
feedback.
Comment Gathering with Outreach Meetings
The Workshop & Meetings on C-2 Code Amendments associated with the Transforming
Downtown Dover: Capital City 2030 Plan were held on October 10, 11, and 12, 2023 as two
Stakeholder Meetings (Business Interests, Realtors, Engineers, Developers, and Others) and a
Walk-in Workshop for the Public. The events included a series of presentation boards of the
Potential Revisions, the Tentative Timeline, and informational maps of area for viewing and also
a PowerPoint Presentation of the same information. Conversations and discussions of these items
occurred with Planning Staff and the participants. Comment sheets and post-its gathered written
comments. These comments were reported to the CCOW-LFA Committee at their October 24,
2023 Meeting in a summary listing by topic area (Uses, Building Height, Parking, and
Miscellaneous).
Presentation of Suggested Changes
The potential code changes were articulated in concept form. Since most of the Downtown area
is zoned C-2 (Central Commercial Zone), the proposed changes focus on the C-2 zoning district.
From the feedback received, we listed the proposed changes in the chart “Potential Revisions to
Zoning Ordinance for C-2 (Central Commercial Zone); see chart as follows. The proposed changes
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 3 of 8
are listed in the column titled “Recommended Concepts for Revision.” These potential changes
were categorized into the four topic areas of Uses, Building Height, Parking and Miscellaneous
and were numbered 1 through 23 for ease of discussion. These were presented to the CCOW-LFA
Committee as concepts only and not formal ordinance (text amendment) language and format.
Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) 10.24.2023
CURRENT CODE RECOMMENDED CONCEPTS FOR
Zoning Ordinance, Article 3 Section 13 or as REVISION
noted
1 Retail stores No change
2 Restaurants No change
3 Hotels, including bed and breakfast inns No change
4 Art galleries and studios No change
5 Service establishments No change
6 Personal service establishments No change
7 Business professional, and government offices No change
8 Apartments and multi-family dwellings, provided Allow uses associated with apartments (i.e.,
that no dwelling units shall be permitted in the lobbies, amenity spaces) on first floor of
first floor on the street frontage of Loockerman Loockerman Street
9 Parking lot and parking structure is a Conditional Parking lot and parking structure as a permitted
Use (A Conditional Use is required to be use
reviewed and approved by the Planning
Commission.)
10 Not clearly allowed Microbrewery/craft distillery/meadery
11 Allowed by interpretation Commercial Kitchen
12 Manufacturing, assembling, converting, Allow the making and processing of consumer
USES altering, finishing, cleaning, or any other goods and products such as baked goods, glass
processing of products where goods so blowing, and handmade items where goods
produced or processed are to be sold at retail are processed and sold at retail or on-line.
exclusively on the premises, provided that:
(1) An area fully concealed from any street and
equal to not more than 20 percent of the area
devoted to retail sales shall be so used;
(2) Electrical power not to exceed a total of five
rated horsepower, and steam pressure not in
excess of 60 pounds of pressure per square inch
shall be used exclusively;
(3) Not more than four employees are engaged
in such production or processing
13 Pop-up kitchen/restaurant/retail are not clearly Pop-up kitchen/pop-up restaurant/pop-up retail
allowed
14 Place of public assembly is a Conditional Use Place of public assembly as a permitted use
15 Outdoor use – i.e., patios, eating areas, parklets Clarify process of outdoor use – i.e., patios,
eating areas, parklets
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 4 of 8
16 Maximum building height is 6 stories and 75 feet Maximum building height 10 stories and 125
Zoning Ordinance, Article 4 Section 4.14 feet
• If building is above 3 stories, then
upper floors need to be setback
BUILDING HEIGHT
(wedding cake style) on sides facing
the street.
• Consider Residential 10% set aside of
units for affordable units for every
floor above 6 stories and 75 feet. Can
be put into an affordable housing fund
for non-profits.
17 No parking requirements for existing buildings in No parking requirements for existing buildings
C-2 in C-2 zone
Zoning Ordinance, Article 6 Section 3.1(a)ii No minimum parking requirements for new
construction in C-2 zone
18 Parking minimums for the following uses (for all No minimum parking requirements based on
zoning districts): use in the Downtown Redevelopment Target
• Medical Office: 1 space per 300 square feet Area
of floor area
• Apartments: 2 spaces per dwelling unit plus
1 space per 200 square feet office space plus
0.25 space per dwelling unit for visitor
space
• Restaurants and bars: 1 space for every 4
PARKING
seats plus 1 space for every 3 bar seats
• Hotel: 1 space per guestroom plus 1 space
for every 200 square feet of office space,
banquet hall, or meeting areas
Zoning Ordinance, Article 6 Section 3.1
19 The Planning Commission (or City Planner if it’s Parking Waiver still available for consideration
an administrative plan review) may consider a
waiver to reduce the required parking amount by
up to 50% if applicant demonstrates the project is
adequately served by transportation and parking
alternatives. Zoning Ordinance, Article 6 Section
3.9
20 Bicycle parking-1 bicycle parking space for Bicycle parking will still be required
every 20 parking spaces. The Planning
Commission may waive this requirement. Zoning
Ordinance, Article 6 Section 3.10
21 Floor Area Ratio (FAR) 4.0 Consider removing any lot coverage
restrictions
22 Tree mitigation fund not available Allow for tree mitigation fund whereby a
donation to the fund in lieu of planting a tree
per the landscaping requirements in Downtown
MISCELLANEOUS
23 Dumpster rate based on use. Eliminate Dumpster rate but keep screening
• Restaurant: Two required for the first 3,000 and enclosure requirements
square feet of gross building area; one
required for each additional 3,000 square
feet of gross building area or fraction
thereof
• Office and retail less than 50,000 square
feet: Two required for the first 16,000
square feet of gross floor area; one
required for each additional 16,000 square
feet of gross floor area or fraction thereof
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 5 of 8
• Apartment: Two required for the first 48
apartments; one required for each
additional 24 apartments or fraction thereof
Zoning Ordinance, Article 5 Section 6
Recommendation to Draft the Ordinance
Following review and discussion of the proposed concepts for changes, the CCOW-LFA
Committee at their October 24, 2023 Meeting recommended that Staff move forward with drafting
of the Text Amendments. This recommendation was adopted by the Consent Agenda at the City
Council Meeting of December 11, 2023.
Proposed Draft Ordinance #2024-01
Planning Staff conducted additional research and developed a Draft Proposed Ordinance #2024-
01 which focuses on revisions to the C-2 (Central Commercial Zone) found in Zoning Ordinance,
Article 3 Section 13 and the C-2 zoning district bulk standards found in Zoning Ordinance, Article
4 Section 4.14. Planning Staff also looked at some of the regulations related to development
activity in general and how a development location in the Downtown core is affected. There are
proposed revisions to other sections of the Zoning Ordinance as related to parking requirements
and Dumpsters. Some of these revisions will amend these development regulations when they are
applied to properties located in the Downtown Redevelopment Target Area. The Downtown
Redevelopment Target Area is defined (boundaries described) in the Dover Code of Ordinances,
Appendix C – Downtown Redevelopment, Article II. Definitions, Section 4 – Target Area.
The Proposed DRAFT Ordinance was offered to the CCOW-LFA Committee on January 9, 2024
for review and consideration to begin the formal review and adoption process. Following public
comments and discussion by the Council Committee of the Whole – Legislative, Finance, and
Administration Committee, recommended that the Ordinance be forwarded for First Reading and
that Staff look again at the step-back provisions for a determination. Staff evaluated the design
standards for height related to the step back provisions as proposed in the Draft Ordinance and
presented an alternative. This alternative was captured as the Council Committee of the Whole -
Legislative, Finance, and Administration Committee (CCOW-LFA) Amendment #1 which revises
the proposed step back provision from a distance of ten (10) feet to six (6) feet in certain areas of
the primary façade.
II. CODE REVIEW & ANALYSIS:
Any revisions to the C-2 zoning district need to stay within similar parameters for development in
the Downtown core where the C-2 zoning district is found. The C-2 Zone allows for a mix of uses,
both residential and commercial; therefore, adjustments to the uses permitted and conditional uses
were carefully considered. Also, in looking to increase opportunities for density within the
Downtown core as envisioned by the Transforming Downtown Dover Plan, the revisions to the
allowable height (and number of stories) were tempered with adding a series of design standards
to guide implementation of such building construction to be compatible with the existing character
of the area and its location within the Historic District Zone. Staff also looked at other provisions
related to development activities and from experience with projects in the Downtown area
adjustments were suggested related to the Dumpsters and parking provisions.
III. SUMMARY OF PROPOSED TEXT AMENDMENTS:
Key components of the proposed Text Amendments for Proposed Ordinance #2024-01 (CCOW-
LFA #1) amending Zoning Ordinance, Article 3 Section 13 – Central Commercial Zone (C-2)
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 6 of 8
and related development provisions includes the following:
• Article 3 Section 13.1 – Add new permitted uses, revise certain uses from conditional
uses to permitted uses, add Live-work units as use, and limit the establishment size of
manufacturing related uses.
• Article 3 Section 13.2 – Move certain conditional uses to permitted uses and require
conditional use review for manufacturing related uses where the size of the establishment
is greater than 5,000 square feet in floor area.
• Article 3 Section 13.5 – Add design standards related to façade articulation, height, step-
backs of upper floors (above fourth floor), and off-street parking and screening.
• Article 4 Section 4.14 – Increase allowable building height to ten stories and 125 feet in
height. Increase Floor Area Ratio to 5.0.
• Article 5 Section 6 – Revise requirements for number of dumpsters based on use.
Revised to list requirements for Apartment Complexes or Apartment Buildings with over
10 units and for non-residential uses. Also allow for consideration of alternative solutions
for the storage and collection of trash and recycling.
• Article 6 Section 3 – For the off-street parking space requirements, an exemption is
added for new construction with the Downtown Redevelopment Target Area so that there
are no minimum parking requirements based on use. However, a parking strategy
statement must be submitted for review to use the exemption.
• Article 12 – Add definition of “live-work unit”
IV. TEXT AMENDMENT REVIEW PROCESS
Because this is a Text Amendment proposed to the Zoning Ordinance, a Public Hearing and
Recommendation by the Planning Commission are required. This review process began when the
proposed Ordinance was submitted to the City Council for First Reading on January 22, 2024. The
City Council has referred Ordinance #2024-01 (CCOW-LFA #1) to the Planning Commission for
a Public Hearing and consideration on February 20, 2024. Then it is scheduled for Final Reading,
Public Hearing and Final Action by Council on March 11, 2024. At the meeting the City Council
may act to adopt the whole Ordinance, to reject it, to adopt part of the Ordinance, and/or to make
other amendments to the proposed text.
V. RECOMMENDATION OF PLANNING STAFF: Review and Recommendations:
As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the City Planner must
evaluate the following factors when preparing a report on the text amendment request:
Article 10 § 5.22 City planner report. For each proposed zoning text amendment, the city
planner shall issue a report to the planning commission and city council, including comments
from other reviewing agencies, that evaluates the following factors:
(A) Whether such change is consistent with the aims and principles embodied in the ordinance
as to the particular zones concerned; and;
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 7 of 8
(B) Whether proposed amendment is consistent with the aims of the comprehensive plan of the
city.
The Planning Office is in support of these changes to the C-2 zoning district and related
development provisions as drafted in Proposed Ordinance #2024-01 with CCOW-LFA #1. The
Planning Staff was the lead drafter of this Text Amendment package. Planning Staff developed
the proposed Ordinance for the Text Amendment for the C-2 (Central Commercial Zone) and
related provisions as part of efforts to implement the Transforming Downtown Dover Plan and in
consideration of economic development strategies and interaction with developers/property
owners with an interest in development in the Downtown area.
The 2019 Comprehensive Plan as part of Chapter 11: Housing and Community Development Plan
under Goal 3: Provide Safe and Healthy Livable Neighborhoods, Recommendation 7: Articulate
the Link Between Housing and Health discusses complete neighborhoods and mixed-use
developments. Additionally, the Chapter 12: Land Development Plan discusses goals for Mixed
Use Areas including in Downtown Dover. For the Land Development Plan and its principles, one
of the goals is to encourage redevelopment of the Downtown Redevelopment Target Area with a
mix of residential, commercial and office uses. See Page 12-2. This Text Amendment to the C-2
zone clarifies and enhances the potential mixed uses in the C-2 zone.
Additionally, the following advisory items are noted.
1) The Planning Office provided an opportunity to Development Advisory Committee
(DAC) members to comment on the proposed Text Amendments at their meetings on
January 31, 2024 and February 7, 2024. No other Agency which partakes in the DAC
process had any significant comment or objection with regards to the proposed Text
Amendments to the C-2 zone and related provisions.
2) The Proposed Ordinance is also subject to Legal Review by the City Solicitor, which may
identify additional clarifications or corrections.
3) The approval of this Text Amendment does not authorize the establishment of the uses on
properties within the C-2 zone. Prior to the establishment of a use, the appropriate
applications for site development activity plan review, Building Permits, and other
construction activity Permits, Business and Occupancy Licensing, etc. are required.
VI. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This is a request for a zoning text amendment which revises the text in the Zoning Ordinance.
The Planning Commission as part of their public hearing and review process will provide a
recommendation on the zoning text amendment request to City Council. As part of the process
outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the
following factors when considering the request:
Article 10 § 5.23 Report of the planning commission. Regarding each proposed amendment to
the ordinance text, the planning commission shall provide a report to the city council stating a
recommended action with regards to the proposed amendment, along with the commission's
evaluation of the following factors:
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MI-23-04 Text Amendments: C-2 (Central Commercial zone) Uses and Standards and Related Development
Standards Item #2.
Planning Commission Recommendation Report from February 20, 2024
Page 8 of 8
(A) Whether such change is consistent with the aims and principles embodied in the ordinance
as to the particular zones concerned; and
(B) Whether such proposed amendment is consistent with the aims of the comprehensive plan
of the city.
A Recommendation Report from the Planning Commission will be forwarded to the City
Council for their consideration of the Text Amendment Application. This document and its
attachments make up the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of February 20, 2024, the
Text Amendment Application MI-23-04 was represented by Planning Office Staff. During the
Public Hearing, eight (8) members of the public spoke, and three (3) written comments were
received (over the course of its review).
The Planning Commission’s motion was to recommend approval for Text Amendment
application MI-23-04 Text Amendments: C-2 (Central Commercial Zone) Use and Standards
presented as Proposed Ordinance #2024-01 CCOW-LFA#1 and resulted in a vote of 7-0 in
favor of the Ordinance’s adoption (two members absent). The reasons cited for the
recommendation of approval include the content of the record with reference to the
Development Advisory Committee Report and the recommendation of approval from the
Planning Staff; the public comments and testimony received on the proposal; and the
recognition of the changes to allow for continued growth and development.
See also the included excerpt of the DRAFT Meeting Minutes of the February 20, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
Attachments:
• Development Advisory Committee Agency Comments from City of Dover Departments
of Public Works and Water & Wastewater, Electric Department, City Office of the Fire
Marshal, and Dover/Kent County MPO
• Excerpt from DRAFT Planning Commission Meeting Minutes of February 20, 2024
• Public Comments received during CCOW-LFA Review and to date (2/7/2024)
• Proposed Ordinance #2024-01 (CCOW-LFA#1)
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CITY OF DOVER Item #2.
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JANUARY 31, 2024
APPLICATION: Text Amendment: Text Amendments: C-2 (Central
Commercial Zone)
FILE #: MI-23-04
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 / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed text amendment to the C-2 zone.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION
1. Please note that if a dumpster is installed in the City of Dover, it shall be serviced by a private contractor.
WATER
1. The developer will be responsible for the design and installation of any infrastructure necessary to provide proper water pressure
to all stories of the building in the C-2 zone.
STREETS / STORMWATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
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Item #2.
MI-23-04 CITY OF DOVER
C F
I I
T R
DEVELOPMENT ADVISORY COMMITTEE
Y E
APPLICATION REVIEW COMMENTARY
O M
D.A.C. MEETING DATE: 01/31/24 F A
R
D S
APPLICATION: Text Amendments C-2 Use and Standards O H
V A
FILE #: MI-23-04 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. Proposal is a review of a series of Text Amendments to the Zoning Ordinance provisions of the
C-2 and related development provisions. This office has no objections.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Routine DAC comments/requirements should be taken into consideration, especially:
a. Parking distances and access with parking
b. Perimeter access
c. Fire Lane
d. Emergency/Rear access
e. Street width
f. Water supply for fire systems
2. Live-work unit will need to follow IBC and NFPA for occupancy classification and most
stringent will apply.
3. I have spoken to the Fire Chief and we would like to consider setting a limit on the number
of stories and/or height.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
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C F
MI-23-04 I I
Item #2.
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 01/31/24 Revised D S
O H
V A
E L
APPLICATION: Text Amendments C-2 Use and Standards
R
FILE #: MI-23-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
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. Proposal is a review of a series of Text Amendments to the Zoning Ordinance provisions of the
C-2 and related development provisions. This office has no objections.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Routine DAC comments/requirements should be taken into consideration, especially:
a. Parking distances and access with parking
b. Perimeter access
c. Fire Lane
d. Emergency/Rear access
e. Street width
f. Water supply for fire systems
2. Live-work unit will need to follow IBC and NFPA for occupancy classification and most
stringent will apply.
3. The 10 stories, 125 feet is noted
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 50
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Item #2.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 2/7/2024 Organization
APPLICATION: MI-23-04 Text Amendments: C-2 (Central Commercial Zone) Use and
Standards
FILE # MI-23-04 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
Text Amendment Review
MI-23-04 Text Amendments: C-2 (Central Commercial Zone) Use and Standards
1) The MPO does not have any objections to the proposed text amendments. Note that the MPO is
currently working on a study to address the walkability of downtown Dover and find critical areas
in need of safety and connectivity improvements. The proposed changes to parking requirements
are likely to complement this study’s results, as they will both encourage walking and bicycling
in the downtown area. More can be found on the study’s webpage which continues to be updated:
https://doverkentmpo.delaware.gov/downtown-dover-pathways/
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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Item #2.
CITY OF DOVER PLANNING COMMISSION
February 20, 2024 Excerpt from Meeting Minutes – Draft
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.
NEW APPLICATIONS
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 1 of 7
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Item #2.
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
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 2 of 7
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Item #2.
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
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 3 of 7
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Item #2.
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.
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 artwork 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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 4 of 7
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Item #2.
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
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 5 of 7
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Item #2.
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
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 changes.
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 6 of 7
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Item #2.
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
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.
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 7 of 7
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Item #2.
MI-23-04 Text Amendments; C-2 (Central Commercial Zone) Uses
and Standards and Related Development Standards
Public Comments Received Through February 7, 2024:
• Comments Received during Council Committee of the Whole –
Legislative, Finance, and Administration Committee Review:
1. Letter of January 8, 2024 from Downtown Dover Partnership
noting recognition of process, their support of changes including
the parking requirements, and a suggested change for the step-back
provisions
2. Email of January 9, 2024 from Donny Legans noting his
agreement with proposed changes to parking requirements. And
also noting his concerns with the Land Use Change process (the
process to amend the Comprehensive Plan).
• Other Comments Received:
3. Email of January 29, 2024 from John T. Childress of Mosaic
Development Partners with attachment of Letter dated January 26,
2024 from WZG Structural Consulting Engineers, Inc.
Page 59
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Item #2.
Downtown Dover Partnership
Main Street Dover
101 W. Loockerman Street, Ste 2B
Dover, DE 19904
(302)678-2940
January 8, 2024
Ms. Andria Bennett
Dover City Clerk
15 Loockerman Plaza
Dover, DE 19903
We wish to provide comment on behalf of the Downtown Dover Partnership (DDP) board of directors
regarding the Potential Revisions to C-2 Zone to be heard on January 9, 2024 at the CCOW-LFA.
We commend the thorough process of the staff of the City of Dover Planning Department to respond to the
recommendation in the Capital City 2030: Transforming Downtown Dover! master plan to revisit current c-2
zoning and design standards in an effort to encourage development in downtown Dover. Their approach
was responsive and proactive, as well, in researching other municipalities in the nation.
Specifically, we support the majority of the proposed changes, including that of “No parking requirements
for existing buildings in C-2 zone” and “No minimum parking requirements for new construction in C-2
zone.” We believe these are appropriate and follow nationwide trends.
We propose change to the following:
Proposed change: DDP requested change: If not requested change proposed (left):
Step back of ten (10) feet Step back of six (6) feet at fourth At most: A step-back not to
at/above four (4) floors floor. exceed eight (8) feet on any level,
with no more than two step-
backs required on a facade.
Thank you for your thoughtful consideration of the request.
CC: DDP Board of Directors
Dawn Melson, Principle Planner
Page 60
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Item #2.
From: Bennett, Andria
To: Melson-Williams, Dawn; Duca, Sharon
Cc: City Clerks Office
Subject: FW: EXTERNAL: Mosaic/Colonial Team comments for the C-2 Zoning
Date: Monday, January 29, 2024 10:12:42 AM
Attachments: Outlook-klq3i5of.png
WZG letter - Mosaic[1].pdf
image001.png
Good Morning,
Attached, please see the letter from the Mosaic Partners structural engineer addressing the
proposed setbacks in the C-2 Zoning.
Andria Bennett
City Clerk
City of Dover
P: (302) 736-7009
F: (302) 736-5068
abennett@dover.de.us
This email has been blind copied to members of council and the mayor.
From: John Childress <jchildress@mosaicdp.com>
Sent: Monday, January 29, 2024 9:56 AM
To: City Clerks Office <CityClerk@dover.de.us>; Hugg, Dave <dhugg@dover.de.us>
Cc: Greg Reaves <greg_reaves@mosaicdp.com>; Meagan Whetstone <meagan@mosaicdp.com>;
Jed Hatfield <jedhatfield@colonialparking.com>
Subject: EXTERNAL: Mosaic/Colonial Team comments for the C-2 Zoning
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,
Attached is a document from our structural engineer addressing the proposed step
backs in the C-2 Zoning. Please let us know if you have any questions.
Thank you,
John
John T. Childress
VP Development & Special Projects
Page 63
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Item #2.
E: jchildress@mosaicdp.com
C: +1 (609) 351 0625
Mosaic Development Partners, JV, LLC
3002 Cecil B. Moore Ave | Suite 202 | Philadelphia | PA 19121
150 Rouse Blvd | Suite 100 | Philadelphia | PA 19112
8201 Corporate Drive | Suite 1130 | New Carrollton | MD 20785
www.mosaicdp.com
Page 64
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Item #2.
Natalie E. Bird, PE
Principal
January 26, 2024
Councilman Sudler
City of Dover City Hall
15 Loockerman Plaza
Dover, DE 19901
Re: Dover, Delaware: C-2 Zoning Changes
Dear Members of the City of Dover Planning and Inspections Department, and City Council Members:
It was brought to our attention that the ‘Proposed Ordinance #2024-01’, would require buildings within the
historic district of Dover to have a 6’ setback above the fourth floor of construction. From a structural engineering
perspective, the setback will result in a transfer level in order to distribute the building loads to the building
foundations. Typically, a transfer level has deeper beams to support the column loads from above the floor and
transfers them to the building columns on the floor below to distribute the load to the building foundations. The
floor-to-floor height of the building will likely need to be taller at this transfer level to accommodate the additional
structure depth required. While this represents additional construction costs, setbacks can be provided through
engineering and design without compromising the structural integrity of the building.
Any setback in the building above the foundation level will add to the construction cost, both for the structure
and for exterior building treatments. They will also reduce the usable area of the floor plates resulting in few
and/or smaller units. The closer to the midspan of the transfer beam that this setback occurs, the more structure
will be required to support it. Additionally, transition details at the setback from façade to roof require more
flashing, roof drains and leaders. In short, a setback will either result in a heavier structure or additional columns,
both of which are more expensive than an optimized structural system.
Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact our
offices.
Sincerely,
WZG STRUCTURAL CONSULTING ENGINEERS, INC.
Natalie Bird, PE
Principal
Delaware PE# 17357
1137 N. Gravel Pike | PO Box 24 | Zieglerville, PA 19492 | p: 610.831.0556
www.WZGStructural.com
Page 65
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Item #2.
FINAL READING
City of Dover
CITY OF DOVER ORDINANCE PROPOSED ORDINANCE #2024-01
WITH CCOW-LFA AMENDMENT #1
(Council Committee of the Whole – Legislative, Finance, and Administration Committee Amendment #1
indicated in green text)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 3 Section 13. Central Commercial Zone (C-2) be amended by
5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
6 follows:
7
8 And be amended by inserting the text in bold, green font and deleting the text indicated in bold,
9 blue strikeout as follows:
10
11 APPENDIX B – ZONING
12
13 ARTICLE 3 - DISTRICT REGULATIONS
14
15 Section 13. - Central commercial zone (C-2).
16
17 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used,
18 and no building or part of a building shall be erected, which is arranged, intended, or designed to
19 be used, in whole or in part, for any purpose, except the following:
20
21 (a) Retail stores.
22 (b) Restaurants, cafes, and eating establishments.
23 (c) Commercial kitchens.
24 (d) Microbrewery, craft distillery, and meadery establishments.
25 (c) (e) Hotels, including bed and breakfast inns.
26 (d) (f) Art galleries and artisan studios.
27 (e) (g) Service establishments.
28 (h) Banks and financial institutions
29 (f) (i) Personal service establishments.
30 (g) (j) Business, professional, and government offices.
31 (h) (k) Apartments and multi-family dwellings, provided that no dwelling units shall be
32 permitted in on the first floor on the street frontage of Loockerman Street. Uses accessory
33 to the residential units such as lobby and amenity spaces are permitted on the first
34 floor.
35 (l) Live-work units.
36 (i) (m) Indoor recreation and amusement establishments.
37 (n) Parking lots and parking structures as a principal use.
38 (o) Places of public assembly.
39 (p) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, Page 66
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Item #2.
Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central
Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
CCOW- LFA Amendment #1 Page 2 of 11
40 baking, or any other processing of products where goods so produced or processed
41 are to be sold at retail on the premises or online and where the size of the
42 establishment shall not exceed 5,000 square feet in floor area.
43 (q) Open space areas.
44
45 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the
46 planning commission in accordance with the procedures and subject to the general conditions set
47 forth in article 10, section 1:
48
49 (a) Parking lots and parking structures as a principal use.
50 (b) Places of public assembly.
51 (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other
52 processing of products where goods so produced or processed are to be sold at retail
53 exclusively on the premises, provided that:
54 (1) An area fully concealed from any street and equal to not more than 20 percent
55 of the area devoted to retail sales shall be so used;
56 (2) Electrical power not to exceed a total of five rated horsepower, and steam
57 pressure not in excess of 60 pounds of pressure per square inch shall be used
58 exclusively;
59 (3) Not more than four employees are engaged in such production or processing.
60 (a) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking,
61 baking, or any other processing of products where goods so produced or processed
62 are to be sold at retail on the premises or online and where the size of the
63 establishment exceeds 5,000 square feet in floor area.
64
65 13.3 Uses prohibited. The following uses are prohibited:
66
67 (a) Fuel pumps and motor vehicle storage, sales, or repairs.
68
69 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet
70 parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas
71 associated with restaurants, outdoor gathering areas, and outdoor sales areas approved by the
72 city planner or approved as part of the site development plan approval required by article 3,
73 section 13.6.
74
75 13.5 Design standards. The following standards shall apply to the site and building
76 development in the central commercial zone (C-2):
77
78 13.51 Façade Articulation. Building facades should incorporate design elements to
79 provide a base, middle, and top of the building to reinforce the pedestrian scale at the
80 street level.
81
82 13.52 Height. For buildings greater than four (4) stories in height, then the upper
83 floors above the fourth story shall step back ten (10) feet on the primary facade. For
84 buildings greater than six (6) stories, then the upper floors above the sixth floor shall
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Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
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85 step back an additional ten (10) feet on the primary façade. These step backs areas
86 may begin at a lower height than these minimums as part of the building design in
87 order to be compatible with the character of the area.
88
89 13.52 Height. For buildings greater than four (4) stories in height, then the upper
90 floors above the fourth story shall step back six (6) feet for fifty percent (50%) of the
91 width of the primary facade. For buildings greater than six (6) stories, then the upper
92 floors above the sixth floor shall step back an additional six (6) feet on the primary
93 façade. These step back areas may begin at a lower height than these minimums as
94 part of the building design in order to be compatible with the character of the area.
95
96 13.53 Step back areas. The step back areas should be open to the sky and can be open
97 air balcony spaces or other design architectural features that are not enclosed spaces.
98
99 13.54 Off-street Parking. Off-street parking lots shall not be permitted to be situated
100 between the street line and the primary facade of the principal building.
101 Consideration should be given to locating parking to the side or rear of the building.
102
103 13.55 Screening. Any off-street parking lots provided shall be screened from the street
104 line by buildings, landscaping, or other means. Off-street parking lots shall be
105 screened from adjacent residential zones and residential uses. This screening
106 provision does not apply to adjacent alleys.
107
108 13.5 13.6 Performance standards. All uses are subject to performance standards as set forth in
109 article 5, section 8.1.
110
111 13.6 13.7 Site development plan approval. Site development plan approval in accordance with
112 article 10, section 2 hereof shall be required prior to the issuance of building permits for the
113 erection or enlargement of all structures and prior to the issuance of certificates of occupancy for
114 any change of use.
115
116 BE IT FURTHER ORDAINED:
117
118 That Appendix B – Zoning, Article 4 Section 4.14 amended by inserting the text indicated in bold,
119 blue font and deleting the text indicated in red strikeout as follows:
120
121 Section 4.14. - [C-1, C-1A, C-2, C-2A zones.]
122 Bulk and parking regulations for neighborhood commercial (C-1), limited commercial
123 (C-1A), central commercial (C-2), and limited commercial (C-2A) zones are as follows:
124
C-1 C-1A C-2 C-2A
Minimum required:
Lot area (sq. ft.) 2,500
Lot width (ft.) 25
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Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
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C-1 C-1A C-2 C-2A
Lot depth (ft.) 70 100
Front yard (ft.) 25 25 0 15
Side yard (ft.) None required, None required, None required, None required,
but 5 feet min. but 5 feet min. but 5 feet min. if but 5 feet min. if
if provided if provided provided provided
Rear yard (ft.) 15 15 20 above ground 20 above ground
floor. At ground floor. At ground
floor, 5 ft. floor, 5 ft.
required required
Side or rear yards 15 15 15 25
which adjoin a
residential zone (ft.)
Off-street parking
Per 300 sq. ft. 1
floor area or
Per employee 1
(whichever is
greater)
Maximum
permitted:
Building height
Stories 2 2 6 10 6
Feet 30 30 75 125 75
Floor area ratio 1.0 1.5 4.0 5.0 4.0
125
126 BE IT FURTHER ORDAINED:
127
128 That Appendix B – Zoning, Article 5 Section 6 amended by inserting the text indicated in bold,
129 blue font and deleting the text indicated in red strikeout as follows:
130
131 Section 6. - Dumpsters for trash and recycling.
132
133 6.1 Location of trash receptacles. In all zones of the City of Dover (except in residential zones
134 where standard City of Dover 90-gallon trash containers are used), all trash receptacles and bulk
135 recycling bins (excluding publicly operated recycling drop off centers), which shall be referred
136 to collectively as "dumpsters" in this ordinance, are to be situated in order to allow safe and
137 efficient access by trash collection vehicles, and shall be screened from public view. All
138 dumpsters must comply with the following regulations:
139 6.11 Location and screening required. All dumpsters must be located in approved locations on
140 the lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in
141 designated parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or
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142 shipping pallets is prohibited. A dumpster enclosure is required to screen the dumpster from
143 view whenever these units are situated so that they will be visible from any public right-of-way
144 or from an adjacent property.
145 6.12 Minimum dumpsters required.
146
Use Dumpsters Required
Restaurant Two required for the first 3,000 square feet of gross building
area; one required for each additional 3,000 square feet of gross
building area or fraction thereof
Shopping center (excluding Two required for the first three stores; one required for each
supermarkets or anchor store thereafter
tenants)
Supermarkets & anchor tenants Two required in addition to requirements for shopping center
in shopping centers
Office & retail less than 50,000 Two required for the first 16,000 square feet of gross floor area;
square feet one required for each additional 16,000 square feet of gross floor
area or fraction thereof
Office & retail greater than Two required for the first 50,000 square feet of gross floor area;
50,000 square feet one required for each additional 24,000 square feet of gross floor
area or fraction thereof
Industrial, warehousing & Two required for the first 80,000 square feet of gross building
institutional area; one required for each additional 40,000 square feet of gross
building area or fraction thereof
Apartment complex or Two required for the first 48 apartments; one required for each
Apartment Building with additional 24 apartments or fraction thereof
over 10 units
Non-residential uses Two required per property
147
148 6.13 Selection of trash service. Applicants for site development plan approval shall specify the
149 proposed method of trash collection (side load or front load) at the time of application. A change
150 in the method of collection may require an alteration of the site plan, subject to approval of the
151 city planner or the planning commission.
152 6.14 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot
153 and not within any public street right-of-way or other public lands. Internal site circulation lanes
154 are to be designed with adequate turning radii to accommodate the size and efficient
155 maneuvering of trash collection vehicles.
156 6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate
157 to screen dumpsters from public view. Enclosures for private collection must be no less than
158 seven feet in height. The height of enclosures for City of Dover collection may be no less than
159 five feet high.
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160 6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials
161 that will withstand the normal use and wear expected in trash removal operations. Whenever a
162 dumpster, in its enclosure, will be visible from a public right-of-way, the appearance of the
163 dumpster enclosures shall complement the architecture of the principal building on the lot, and
164 be constructed with the same or similar exterior materials.
165 6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a
166 public right-of-way. Gates must be designed to swing back behind the front of the enclosure and
167 lock in the open position. If City of Dover trash service is provided, it is the responsibility of the
168 property owner or occupant to open and securely lock back the gates to allow for trash pick up.
169 The gates may be opened 12 hours prior to pick up, and must be closed within 12 hours after
170 pick up.
171 6.18 Reduction of dumpster requirement. When a use is required to provide dumpsters as part
172 of site development plan approval, the required number of dumpsters may be reduced under the
173 following circumstances:
174 a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster
175 may be substituted for an actual dumpster. The provided area must be large enough to
176 accommodate a dumpster and must be accessible to trash collection services. The city
177 planner may require that the owner of record of the property provide a dumpster in the
178 reserved location, together with any enclosure required, upon determining there is need
179 for the additional dumpster.
180 b) Trash compactor substitution. Trash compactors may be substituted for ordinary
181 dumpsters at a two to one ratio. The city planner may approve a higher substitution ratio
182 if specifications are provided indicating the machine will achieve a correspondingly
183 higher trash compaction ratio. Trash compactors must meet the same location and
184 screening requirements as other dumpsters. Sites providing trash compactors must still
185 provide separate receptacles for recycling.
186 c) Alternative solutions. Alternative solutions for the storage of and collection
187 methods for trash and recycling receptables may be considered. The city planner or
188 planning commission may authorize alternative solutions.
189 6.2 Location and screening approval required. The locations of new dumpsters on a site and any
190 screening necessary shall be approved through the site development plan approval process,
191 according to the type of review required in article 10 of this appendix.
192 6.3 Unauthorized dumpsters. Any dumpster not previously approved through the site
193 development plan approval process may be required by the city planner to be moved, removed,
194 or screened if said dumpster is a nuisance to neighboring properties by virtue of its current
195 location.
196
197 BE IT FURTHER ORDAINED:
198
199 That Appendix B – Zoning, Article 6 Section 3.1 amended by inserting the text indicated in bold,
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200 blue font and deleting the text indicated in red strikeout as follows:
201
202 Section 3. - Required off-street parking spaces.
203 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be
204 provided for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as
205 specified below for each use in any zone, whichever is greater.
206 (a) Exceptions.
207 i. Where Article 3—District Regulations, specifies a minimum parking requirement, this
208 parking requirement shall prevail.
209 ii. For existing buildings within the C-2 zoning district, the requirements of Article
210 4, Section 4.14—[C-1, C-1A, C-2, C-2A zones zoned], bulk and parking regulations
211 governing the C-2 zoning district shall prevail.
212 iii. For new construction within the downtown redevelopment target area, as
213 described in appendix C of the Dover Code of Ordinances, there is no minimum off-
214 street parking requirement based on use. To utilize this exception, a parking
215 strategy statement must be submitted for review as part of the site development plan
216 approval required by appendix B, zoning, article 10, section 2.
217
For: At Least One Parking Space For Each
Places of worship Two hundred (200) square feet of floor area, but not
less than one (1) space for each four (4) seats, where
provided
Libraries Three hundred (300) square feet of floor area
Medical offices—All types Three hundred (300) square feet of floor area
Nursery school or kindergarten Adult attendant, plus one for every 20 children
Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or
gymnasium
High school, technical school, college or Five (5) seats in main auditorium/cafeteria or
university gymnasium; if none, see Article 4—Zoning, Bulk and
Parking Regulations
Hospitals or sanitariums Three beds
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Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
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For: At Least One Parking Space For Each
Apartments Two (2) per dwelling unit and one (1) for every two
hundred (200) square feet of office space and 0.25 per
dwelling unit for visitor space
Roominghouses Guestroom
Dormitories Three (3) beds
Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats
Funeral homes Two (2) employees, plus five (5) spaces for each chapel
Hotels and motels Guestroom, plus one (1) for every 200 square feet of
office space, banquet hall, or meeting areas
Athletic fields, baseball, football or Three (3) seats
boxing stadiums and arenas; race tracks
Golf courses Per employee and four (4) parking spaces for each hole
Golf or baseball driving range One-half (½) stall
Airports Per employee and for each two (2) airplanes in storage
218
219 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-
220 street parking spaces include any private garage, carport, or other area available for parking,
221 other than a street or driveway. However, a driveway within a required front yard for a one-
222 family or two-family residence may count as one parking space, other than a corner lot as
223 provided in article 5, section 1.3.
224 3.3 Location and ownership of required accessory parking facilities. Required accessory parking
225 spaces, open or enclosed, may be provided upon the same lot as the use to which they are
226 accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance
227 of such lot. In all cases, such parking spaces shall conform to the regulations of the district in
228 which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding
229 the owner and his heirs and assigns to maintain the required number of spaces available either:
230 (a) Throughout the existence of such use to which they are accessory; or
231 (b) Until such spaces are provided elsewhere.
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232 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width
233 and at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements.
234 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall
235 have at least ten feet of width so that one-way drives have at least ten feet of width and that two-
236 directional drives have two lanes of ten feet each. Unless otherwise specified within this section,
237 access shall be provided by at least one two-directional drive lane or two one-directional drive
238 lanes.
239 3.6 Drainage and surfacing.
240 (a) All open permanent parking areas and access drives shall be properly drained and all
241 such areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free
242 surface.
243 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least
244 six inches in height. The city planner may relax this requirement for a portion of a parking
245 area when there is a demonstrated need to convey stormwater to a proposed or approved
246 stormwater management area. Curbing shall not be required for loading areas,
247 handicapped access and for parking spaces accessory to a one-family or two-family
248 residence (see also article 6, section 5.3).
249 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces
250 designed to serve, jointly, two or more establishments, whether or not located on the same lot,
251 provided that the number of required spaces in such joint facilities shall be not less than the total
252 required for all such establishments.
253 3.8 Combined spaces. When any lot contains two or more uses having different parking
254 requirements, the parking requirements for each use shall apply to the extent of that use. Where
255 it can be conclusively demonstrated that one or more such uses will be generating a demand for
256 parking spaces primarily during periods when the other use or uses is not or are not in operation,
257 the planning commission may reduce the total parking spaces required for that use with the least
258 requirement.
259 (a) Campus Parking Plan. When a new building or building addition is made to a campus
260 involving multiple buildings under common ownership where one or more of the uses
261 will be generating demand for parking when the other use or uses are not in operation,
262 the applicant shall present a campus parking plan as a part of the site development plan
263 that includes an analysis of the parking needs based on the provisions of section 3.8 of
264 this article.
265 3.9 Adjustments to parking requirements. The planning commission or city planner, according
266 to the type of plan review required by appendix B, zoning, article 10, planning commission, may
267 reduce, in an amount not to exceed 50 percent, the number of parking spaces required when, in
268 the opinion of the commission, it has been demonstrated that the use is adequately served by
269 transportation and parking alternatives, including but not limited to:
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Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
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270 (a) Site plan proposals within the downtown redevelopment target area, as described in
271 appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in
272 the amount of off-street parking normally required, due to the availability of mass transit,
273 municipal parking and existing pedestrian amenities.
274 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking
275 facilities, in accordance with the following schedule:
276 (1) Each carpool space shall be equivalent to three standard parking spaces.
277 (2) Each vanpool space shall be equivalent to five standard parking spaces.
278 (3) Every group of five bicycle parking spaces shall be equivalent to one standard
279 parking space.
280 (c) Employer participation in a traffic-mitigation plan approved by the Delaware
281 Department of Transportation.
282 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement
283 of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution
284 shall be in a monetary amount equivalent to the estimated cost of construction for the
285 number of standard surface parking spaces for which the reduction is sought. To take
286 advantage of this option, the developer shall submit to the city engineer a cost estimate
287 for the parking requested to be waived. The city engineer shall examine the estimate for
288 accuracy in current prevailing costs of construction at the time of proposal and shall
289 report to the planning commission his/her findings.
290 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian
291 environment and which include such features as pedestrian plazas and pocket-parks,
292 pedestrian-way connections with existing sidewalk systems and community facilities,
293 park benches and other street furniture, mass transit connections and shelters, and
294 landscaping and shade tree plantings.
295 In all areas, except the downtown redevelopment target area, the planning commission or city
296 planner, according to the type of plan review required by appendix B, zoning, article 10, planning
297 commission, may require the development plans to have an area of open space designated where
298 parking could be constructed less than or equal to the number being reduced. In such cases the
299 plan shall bear a note which explains that the petitioner, in accepting a parking reduction, agrees
300 to construct such additional parking as is otherwise required under the provisions of this
301 appendix, if the planning commission, after a hearing, determines that the reasons for granting
302 said reduction no longer exist. In all such instances where the planning commission determines
303 that the reasons for granting a reduction no longer exist, the owner of record for the subject
304 property for which a reduction was previously granted must construct the parking required to
305 meet the regulations of the city during the next construction season.
306 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one
307 bicycle parking space for every 20 parking spaces or a fraction thereof. The planning commission
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Commercial Zone (C-2) and related development provisions of Zoning Ordinance with
CCOW- LFA Amendment #1 Page 11 of 11
308 may waive the requirement for the bicycle parking if it is demonstrated that bicycle parking
309 would not be appropriate for safety reasons or due to the nature of the use of the site.
310
311 BE IT FURTHER ORDAINED:
312
313 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in
314 bold, blue font in appropriate alphabetical order:
315
316 Live-work unit: A first floor business use, such as an office, studio, shop, café, service
317 establishment, personal service establishment, or other permitted use in combination with
318 an office and a dwelling unit located above such place of business. A person or persons other
319 than the proprietor of the first floor business may occupy the dwelling unit portion of a Live-
320 work unit.
321
322
323
324 ADOPTED: *
325
326
327 SYNOPSIS
328 This is a series of text amendments to the Zoning Ordinance provisions of the C-2 (Central
329 Commercial Zone) and related development provisions. These amendments revise the permitted
330 uses and the conditional uses, add design standards, and revise the bulk standards for height and
331 floor area ratio (FAR) of the C-2 (Central Commercial Zone). There are proposed revisions to
332 other sections of the Zoning Ordinance related to parking requirements and Dumpsters. These text
333 amendments are offered for consideration as part of the implementation of the Transforming
334 Downtown Dover: Capital City 2030 (Transforming Downtown Dover) Plan.
335
336 (SPONSORS: *) (INITIATION BY THE CITY PLANNER)
337
338 Following public comments and discussion by the Council Committee of the Whole – Legislative,
339 Finance, and Administration Committee, Staff evaluated the design standards for height related to
340 the step back provisions as proposed in the Draft Ordinance. The Council Committee of the Whole
341 - Legislative, Finance, and Administration Committee (CCOW-LFA) Amendment #1 revises the
342 proposed step back provision from a distance of ten (10) feet to six (6) feet in certain areas of the
343 primary façade.
344
345
346 Actions History:
347 03/11/2024 - Public Hearing and Final Reading scheduled for City Council
348 02/20/2024 - Public Hearing and Review for Recommendation by Planning Commission
349 01/22/2024 - First Reading and Setting of Public Hearing dates by City Council
350 01/09/2024 - Introduced at Council Committee of the Whole/Legislative Finance, and
351 Administration Committee
352
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Item #3.
PROPOSED AMENDMENT TO THE 2019 COMPREHENSIVE PLAN
Public Hearing Before the Dover City Council
March 11, 2024
Recommendation from Planning Commission Meeting of February 20, 2024
With Staff and Development Advisory Committee Review
MI-24-01 Comprehensive Plan Amendment 2024
This Request for Amendment of the 2019 Comprehensive Plan was submitted by the property
owner/equitable owner as associated with the City of Dover’s annual opportunity to request
Comprehensive Plan Amendments (see Chapter 15: Implementation Plan).
MI-24-01 Comprehensive Plan Amendment 2024 - Consideration of Amendment to Map 12-1:
Land Development Plan Map - Review of 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.
Owner: Dover Federal Credit Union
Equitable Owner: Charles Chiang
Address: 1079 Silver Lake Boulevard, Dover DE
Location: At the eastern terminus of Silver Lake Boulevard
Tax Parcel: ED-05-067.12-02-04.00-000
Size: 5.04 +/- acres
Present Uses: Vacant tract of land
2019 Comprehensive Plan Designation – Land Use Category: Office
Proposed Comprehensive Plan Designation – Land Use Category: Mixed Use
File Number: MI-24-01
Ordinance Number: #2024-03
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Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 2 of 7
Planning Commission
Recommendation: The Application MI-24-01 for Comprehensive Plan Amendment 2024
– Consideration of Amendment to Map 12-1: Land Development Plan
Map to revise the Land Use Classification of the property at 1079
Silver Lake Boulevard from Office to Mixed Use was represented by
Mr. Kyle Burchard, PE of Mountain Consulting, Inc. as engineer for
the equitable owner of the subject property at 1079 Silver Lake
Boulevard. A Public Hearing was conducted on February 20, 2024
where three (3) members of the public spoke, and no written
comments were received regarding the Comprehensive Plan
Amendment application. The Planning Commission’s motion to
recommend approval of the proposed revision of the Land Use
Classification from Office to Mixed Use as the Comprehensive Plan
Amendment to Map 12-1 resulted in a 7-0 vote in favor (two
members absent). (Draft Meeting Minutes attached.)
APPLICATION: MI-24-01 Comprehensive Plan Amendment 2024 – Consideration of
Amendment to Map 12-1: Land Development Plan Map
This Comprehensive Plan Amendment Application was referred to the Planning Commission as
per the Amendment process established in the 2019 Comprehensive Plan (Chapter 15). The
Planning Commission is required to provide a Review Report to City Council. The following
document and attachments are provided as the Review Report and Planning Commission
Recommendation.
I. PROCESS BACKGROUND:
The 2019 Comprehensive Plan was recommended by the Planning Commission and adopted by
the City Council on January 13, 2020 and certified that date as per letter of March 10, 2020
issued by Governor Carney. As adopted, the 2019 Comprehensive Plan sets forth a process by
which the Comprehensive Plan can be amended on an annual basis. Amendments to the
Comprehensive Plan can be initiated by staff or requested by members of the public. For
amendments to the Comprehensive Plan that involve rezoning of property, the requests are
processed concurrently.
The process to amend the Comprehensive Plan is detailed in the 2019 Comprehensive Plan,
Chapter 15: Implementation, specifically on pages 15-10 through 15-12 of the Plan. The Request
requires submission of the following: a Comprehensive Plan Amendment Application, other
appropriate application forms and fee based on the request type, property information (drawing),
an analysis of the surrounding land uses and zoning classifications, and a statement of how the
Request is consistent with the goals of the Comprehensive Plan.
Review of the Comprehensive Plan Amendment Requests begins with the Preliminary Land Use
Services (PLUS) Review Process. Next the Requests are reviewed through Development
Advisory Committee as the next step in the review process leading to the Public Hearings and
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Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 3 of 7
Review by the City of Dover Planning Commission and Dover City Council. Comprehensive
Plan Amendments are adopted through adoption (approval) of an Ordinance.
Submitted Request for 2024
This Request for Amendment of the 2019 Comprehensive Plan was submitted by the property
owner and equitable owner as associated with the City of Dover’s annual opportunity to request
Comprehensive Plan Amendments (deadline of December 15, 2023 for review as 2024
Amendments). The property owner and equitable owner have made a request for amendment to
the Land Development Plan (Map 12-1) associated with the property at 1079 Silver Lake
Boulevard. See the detailed description of the Request in Report Section II below. Ordinance
#2024-03 is proposed for adoption of this Comprehensive Plan Amendment 2024 (Application
MI-24-01).
Preliminary Land Use Services (PLUS) Review
This process involves review of the proposed amendments through the Preliminary Land Use
Services (PLUS) Review. This Request (Amendment MI-24-01) is the Comprehensive Plan
Amendments 2024 submitted by the City’s Planning Office to the Office of State Planning
Coordination for PLUS review. It was presented at the January 24, 2024 PLUS review meeting
(PLUS #2024-01-05). The PLUS review comments will be forthcoming on this Amendment to
the Comprehensive Plan.
II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The proposed Comprehensive Plan Amendment 2024 (MI-24-01) is detailed below and
represented in the attachments. The Request is for amendment of Map 12-1: Land Development
Plan to revise the Land Use Classification of the property at 1079 Silver Lake Boulevard located
the terminus of Silver Lake Boulevard. The Request is to revise the Land Use Classification on
Map 12-1: Land Development Plan Map from Office to Mixed Use. The Request (MI-24-01) for
Amendment seeks to change the Land Use Classification to Mixed Use to enable consideration
of rezoning the property to C-2A (Limited Central Commercial Zone).
Applicant’s Submission:
The following items were submitted by the applicant: appropriate application forms and fee, a
narrative analysis (written text and figures of photos and maps) describing the property location,
surrounding land uses and zoning classifications, and a statement of consistency with the goals
of the Comprehensive Plan. Also, a Site Sketch Plan of the subject property’s boundaries was
received. The Narrative and Site Sketch Plan are attached.
Map Exhibits:
Planning Staff has provided a Location Exhibit Map showing adjacent zoning in the area. Also
provided for reference is a copy of Map 12-1: Land Development Plan Map as adopted and
amended for the 2019 Comprehensive Plan as an Exhibit Map identifying the Request Location
on Map 12-1. For the Comprehensive Plan Amendment Request, there is also an Exhibit Map of
the Current Designation & Proposed Designation showing the current and proposed Land Use
Classifications (excerpts of Map 12-1).
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Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 4 of 7
III. PROPERTY DESCRIPTION
The subject property at 1079 Silver Lake Boulevard consists of a vacant tract of land of 5.04
acres +/- at the terminus of the Silver Lake Boulevard. The property is predominantly an open
grass field with trees and vegetation along its northern boundary with Silver Lake. It has
frontage on the cul-de-sac at the terminus of Silver Lake Boulevard. The property currently has
the zoning of C-PO (Commercial and Professional Office Zone). The property is flanked by a
senior assisted living facility and the office building of Dover Federal Credit Union. Further
south on Silver Lake Boulevard as you travel towards its intersection with Walker Road are the
two residential townhouse developments of Senators Lake developed circa 2012-2018 and Silver
Lake Townhouses developed in the late-1980s and then other office buildings. The subject
property is one of two properties along Silver Lake Boulevard that have not been developed.
IV. 2019 COMPREHENSIVE PLAN
The 2019 Comprehensive Plan depicts the subject property as the Land Use Classification
Category of Office on Map 12-1: Land Development Plan Map. The adjacent property on the
south has a Land Use Classification of Office while the other adjoining property (and nearby
Dover Middle Schools property) have a Land Use Classification of Institutional. The other
properties fronting on Silver Lake Boulevard have Land Use Classifications of Residential
Medium Density and Office. The Request seeks to revise the property to the Land Use
Classification Category of Mixed Use.
The approaches to the Land Use as Office are specifically discussed in the 2019 Comprehensive
Plan beginning on page 12-16. It discusses Office Parks as a type of employment center and
further describes them as follows:
Office Parks
The Land Development Plan designates specific tracts of land of various sizes for Office
and Office Park land uses. Office Park development involves an integrated development
of office buildings with shared entrances, driveways and parking. The majority of uses
permitted within an Office Park are generally weekday professional office uses involving
very little or no activity at night or on weekends. For this reason, the Office Park
designation may be viewed as a transitional use category when situated between mor
intense commercial and industrial land uses and residential land uses. This designation
usually involves the C-PO (Commercial/Professional Office Zone) zoning district.
The Comprehensive Plan goes on to note that the Offices are found throughout the City and
identifies the office concentration that is found along Silver Lake Boulevard for one.
Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in
2019 Comprehensive Plan, Chapter 12 – Land Development Plan beginning on page 12-7.
Mixed Use areas are described as a “mix of residential, commercial, civic, institutional, and
occasionally industrial uses.” The goals and for land Use of Mixed Use Areas are listed in the
2019 Comprehensive Plan excerpts presented below:
Page 80
Page 81
Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 5 of 7
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of
urban centers. These centers should be established along major roadways and feature
mixed use development, pedestrian-friendly public environments and opportunities for
connection to future transit.
3. In order to encourage non-automobile access to the center, the activities should be
clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw
upon residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces
and pedestrian-friendly village areas that encourage walking and bicycle use. This may
include on-street and behind building parking, and the creation of build-to lines for new
development.
5. Improve access that limits public access to open spaces areas such as pedestrian,
bicycle, and transit networks to parks and natural areas.
6. Encourage the Mixed Use of residential and commercial uses in the Downtown area.
The 2019 Comprehensive Plan discusses Silver Lake as the largest waterbody in the City and as
a scenic resource in Chapter 5 – Natural Resources and Environmental Protection. It notes that
applications for new development adjacent to the Lake are reviewed by the Silver Lake
Commission. This review would occur with any site development plan application in accordance
with Zoning Ordinance, Article 5 Section 11.251.
V. RECOMMENDATIONS OF THE PLANNING STAFF:
The Planning Staff provides the following recommendations regarding Comprehensive Plan
Amendment 2024: MI-24-01 Property at 1079 Silver Lake Boulevard regarding the Land Use
Classification change from Office to Mixed Use.
Following our review of the goals and policies for Office Land Uses and the description of
Mixed Use Areas uses in the 2019 Comprehensive Plan, as well as analysis of the surrounding
land uses, the Request for a map change in this area from a Land Use Classification of Office to
Mixed Use appears to be consistent with the development of the immediate area and the goals of
the Comprehensive Plan. Staff supports the change to a Land Use Classification of Mixed Use
for this property at 1079 Silver Lake Boulevard.
The change in Land Use Classification to Mixed Use offers a broader range of zoning districts
with a variety of land uses for development of this tract. It would bring the opportunity for a
different mix of commercial and residential uses to the subject property. It is noted that under
the current Land Use Classification of Office (and the property’s current zoning of C-PO) the
commercial uses are focused on office uses with allowances for commercial uses accessory to
the permitted uses and also for residential development through a Conditional Use process. The
Page 81
Page 82
Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 6 of 7
change would also allow for commercial uses in the retail and service sectors to be potentially
available to the nearby residences (74 existing units along Silver Lake Boulevard) and to the
employees and visitors of the ten (10) office buildings and other institutions in the area. The
existing sidewalk network along Silver Lake Boulevard and signalized crossings at the
intersection of Silver Lake Boulevard with Walker Road expands the access to include the
residential neighborhoods to the south of Walker Road. This location is considered to be infill
development as it is located where existing infrastructure exists and its surrounded by existing
facilities and residences.
There is some concern about the potential for the impact of development given the property’s
proximity to Silver Lake. However, the regulations regarding stormwater management, required
buffers from Silver Lake and any floodplain and/or wetland areas, and for the design of increased
opportunities for public access to natural areas and view of the Silver Lake will be part of any
site development review process.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration in addition to the goals of the
Comprehensive Plan.
VI. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Comprehensive Plan Amendment Application is a request for an amendment of the 2019
Comprehensive Plan’s Map 12-1: Land Development Plan Map which shows the Land Use
Classifications of properties. This is for the property located at 1079 Silver Lake Boulevard. The
Planning Commission as part of their public hearing and review process will provide a
recommendation on the Amendment request to City Council.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of February 20, 2024, the
Application MI-24-01 was represented by Mr. Kyle Burchard, PE of Mountain Consulting, Inc. as
engineer for the equitable owner (Charles Chiang) of the subject property at 1079 Silver Lake
Boulevard. During the Public Hearing, three members of the public spoke, and no written
comments were received.
The Planning Commission’s motion was to recommend approval for Comprehensive Plan
Amendment application MI-24-01 Comprehensive Plan Amendment 2024 – Consideration of
Amendment to Map 12-1: Land Development Plan Map to revise the Land Use Classification
of the property at 1079 Silver Lake Boulevard from Office to Mixed Use and resulted in a
vote of 7-0 in favor of the change (two members absent). The reasons cited for the
recommendation of approval include consistency with the City’s 2019 Comprehensive Plan;
with reference to the record (the Development Advisory Committee Report and
attachments); and recognition of the recommendation of approval from the Planning Staff.
See also the included excerpt of the DRAFT Meeting Minutes of the February 20, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
Page 82
Page 83
Item #3.
MI-24-01 – Comprehensive Plan Amendment 2024 – Consideration of Amendment to Map 12-1: Land
Development Plan Map for 1079 Silver Lake Boulevard, Dover DE
Planning Commission Recommendation Report from February 20, 2024
Page 7 of 7
VII. ADVISORY COMMENTS
1) The applicant shall be aware that approval of any Comprehensive Plan Amendment
application does not represent Rezoning approval or Site Development Plan approval. A
separate review process is required for rezoning; the applicant has made this application for
Rezoning with Z-24-02. Also, a separate Site Development Plan must be submitted for
review and approved if development activities are proposed on the property.
ATTACHMENTS:
• Location Map Exhibit
• MI-24-01 Comprehensive Plan Amendment Request Location on Map 12-1: Land
Development Plan (Current Map with Revisions adopted through June 14, 2021)
• Exhibit Map of Current Designation & Proposed Designation (Excerpt of Map 12-1)
• Application MI-24-01 Submission for Property at 1079 Silver Lake Boulevard
o Narrative Analysis/ Statement of Consistency
o Site Sketch Plan (of property’s boundaries)
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, City Office of the Fire Marshal, and Dover/Kent County
MPO
• Preliminary Land Use Services (PLUS) Review Comment Letter dated February 21, 2024
(received by Planning Office via email on 2/2024)
• Excerpt from DRAFT Planning Commission Meeting Minutes of February 20, 2024
• Proposed Ordinance #2024-03
Page 83
Page 84
City of Dover Application No.: MI-24-01
Item #3.
Department of Planning & Inspections
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Title: Property at 1079 Silver Lake Boulevard
Consideration of Amendment to Map 12-1
Land Development Plan Map Legend
Address: 1079 Silver Lake Blvd
Parcel ID: ED-05-067.12-02-04.00-000 Dover Boundary
Existing Zoning: CPO (Commercial Professional Office Zone)
Current Land Classification: Office Subject Property
Proposed Land Use Classification: Mixed Use
Owner: Dover Federal Credit Union Zoning
Date: 1/2/2024
«
Dover Parcels
Page 84
Page 87
Item #3.
City of Dover Comprehensive Plan Amendment Request
Subject Property: 1079 Silver Lake Boulevard
Narra ve to Accompany Applica on
Requested Comprehensive Plan Map Change: From Office Use to Mixed Use
Property Orienta on:
The subject property is 5.04± acres at the end of Silver Lake Boulevard on the westerly side of Silver Lake in the City of
Dover, Delaware. The property has shoreline access to the upper end of Silver Lake where the incoming Fork Branch
stream marshes widen into more open waters of the lake. The property is currently undeveloped with a treed shoreline
and the bulk of the land being maintained as an open mowed field. The exis ng Silver Lake Boulevard cul-de-sac bulb
right-of-way is shaped to provide a vehicular entrance into the southwest corner of the property, with concrete curbing
and sidewalks along the site frontage within the right-of-way.
Proposed Mixed Use
Figure 1: Oblique Aerial View (Looking North)
Page 1 of 3
Page 87
Page 88
Item #3.
City of Dover Comprehensive Plan Amendment Request
Subject Property: 1079 Silver Lake Boulevard
Property Analysis:
The surrounding development on adjacent proper es are currently described as:
To the north is Silver Lake (Comp. Plan: Water Bodies. R7 Zone)
To the west is the Complete Care at Silver Lake senior facility (Comp. Plan: Ins tu onal. IO Zone).
To the east is the Dover Federal Credit Union corporate office building (Comp. Plan: Office. CPO Zone).
To the southwest are the Representa ve Lane townhouses (Comp. Plan: Residen al Med. Density. RM-1 Zone).
To the southeast are addi onal townhouses (Comp. Plan: Residen al Med. Density. RG-3 Zone).
Proposed Mixed Use
Figure 2: Dover GIS Zoning Map
Page 2 of 3
Page 88
Page 89
Item #3.
City of Dover Comprehensive Plan Amendment Request
Subject Property: 1079 Silver Lake Boulevard
Proposed Mixed Use
Figures 3 & 4: PorƟon of Dover 2019 Comprehensive Plan & Legend:
Map 12-1 Proposed Land Development Plan
Statement of Consistency with the Goals of the Comprehensive Plan:
The subject property has more poten al than an Office Use can deliver. A Mixed Use designa on will allow for
development flexibility that will provide far more local community benefits for at least the residents living along Silver
Lake Boulevard, as well as for the commuters to the office complexes. The vision for this applica on is to develop
apartments above ground-level commercial spaces plus indoor/outdoor ac ve recrea on facili es. The details are in the
works, and the first step for making it viable is changing to Mixed Use in concert with the Comprehensive Plan.
The guidance of the Dover 2019 Comprehensive Plan, Chapter 12 Land Development Plan starts with land development
principles that include:
• Encourage infill and redevelopment.
• Encourage a mix of housing styles within new residen al developments.
• Ensure that new development meets high standards for site design and architectural design.
• Provide appropriate areas for commercial development through master-planned business
zones.
• Ensure that environmental standards are enforced when reviewing construc on projects.
• Enhance public u li es and infrastructure that will meet the needs of the community by
providing quality community services.
The proposed Mixed Use development allows for added housing, lakeside trails, green roof infrastructure, and
commercial development in service to the local community. The goals of the Mixed Use provision of the Comprehensive
Plan encourages the crea on of neighborhood centers. Currently there is no neighborhood center on the Silver Lale
Boulevard corridor, but that is what is intended with the proposed development. Mee ngs with the neighborhood are
planned to steer the commercial spaces towards what is most needed, and most desirable. The proposed development
will encourage a walkable community backdropped by Silver Lake views.
Page 3 of 3
Page 89
Page 90
PLAN NOTES: Item #3.
1) SITE SKETCH BASED ON PLOT BOOK #52, PAGE 97 ONLY.
CURVE TABLE
2) SETBACKS SHOWN AS PROVIDED BY CITY OF DOVER PLANNING OFFICE AND DO NOT MATCH WHAT RECORD PLAN SHOWS.
3) 100' RIPARIAN BUFFER CAN BE REDUCED TO 50' (AS SHOWN ON PLAN) PER CITY OF DOVER PLANNING OFFICE.
NO. RADIUS / ARC / CHORD BEARING & DISTANCE
4) REMOVAL OF EXISTING VEGETATIVE COVER CAN BE CLEARED AS IT DOES NOT MEET THE CITY OF DOVER DEFINITION OF WOODLANDS.
5) REAR PORTION OF THE SITE SHOWS SITE MAY LIE WITHIN THE 100-FLOOD PLAIN ACCORDING TO FEMA MAP #10001C0166H,
C1 R= 60.00' / A= 69.53' / N 81°44'54" W 65.70'
1
"W
DATED 05/05/2003. SAID LINE APPEARS TO MEANDER ALONG REAR OF SITE AS SHOWN.
L1 C2 R= 30.00' / A= 35.05' / N 81°28'13" W 33.09'
'06 '
REZONING/COMP.PLAN NOTES (ADDED BY MOUNTAIN CONSULTING, INC., 103 S. BRADFORD ST):
C3 R= 100.00' / A= 63.28' / N 29°52'15" W 62.23'
32 06
1) OWNER OF RECORD ADDRESS: 1075 SILVER LAKE BLVD, DOVER, DE 19901 0
L1
6° 2.
2) SILVER LAKE BLVD WIDTH VARIES ALONG FRONTAGE CUL-DE-SAC. C4 R= 200.00' / A= 47.63' / S 62°14'45" W 47.52'
3) EXISTING SANITARY SEWER EASEMENT TO BE RELOCATED ONSITE, IF POSSIBLE, WITH FINAL DESIGN.
S 1 10
4) EXISTING ZONING: CPO. PROPOSED ZONING C-2A. BR L
5) ENTIRE 5.0374+/- ACRES SUBJECT TO REZONING.
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OWNER: DOVER FEDERAL CREDIT UNION
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PER RECORD PLAN:
"EXISTING HIGH WATER LINE OF SILVER LAKE" BR L
OWNER: CITY OF DOVER LOCATION MAP
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ED-05-06712-02-0500-000
87 "PUMP STATION" PLAN PREPARED BY
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10278 South DuPont Hwy , Felton , DE 19943
0'42" E Email: avi.consulting.group@gmail.com
2 BRL
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BR
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50' S
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R= 175.00' / A= 156.14'
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CH: < S 43°30'40" W 151.02'
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OWNER: DOVER FEDERAL CREDIT UNION
ED-05-06712-02-0400-000 BRL
CONTAINS 5.0374 ACRES +/- BRL
15' WIDE SANITARY SEWER
L5 EASEMENT AS GRAPHICALLY BRL
DEPICTED ON RECORD PLAN
BRL
(PLOT BOOK #522, PAGE #97)
BRL
L4
BRL
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OWNERS INFORMATION
BRL
BRL
DOVER FEDERAL CREDIT UNION
BRL
BR
L
BR
L
BR
L
BRL
CITY OF DOVER
KENT COUNTY, DELAWARE
BR
L BRL C4
BR
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BR BRL
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SITE SKETCH PREPARED FOR
BR
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CHARLES CHIANG
5°25
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103. '24" W
< BR
L BRL
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1079 SILVER LAKE BLVD, DOVER, DELAWARE 19904
BRL
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BRL
KENT COUNTY, DELAWARE
0"
BR
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LINE BEARING DISTANCE
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PLANS BASED ON
46
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L1 N 48°00'00" W 2.57' 4.
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RECORD PLAN #52, PAGE #97
29 BR
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L2 N 11°44'30" W 6.64' ' BR
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L3 S 78°15'30" W 60.00'
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DRAWN BY: NP
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SCALE: 1"=40'
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0' 20'
DATE: 03/20/2023
L
L6 N 64°34'24" E 60.29'
BR
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DATE OF FLD WRK: N/A
BR
BRL
L7 N 58°43'40" E 66.15'
L
BR BRL BR
L
BRL
OWNER: SILVER LAKE REALTY DE, LLC BR
L
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DATE CRNRS SET: N/A
L8 N 68°03'49" E 88.12' ED-05-06712-02-0200-000 BR
L L3 C3 C2 FIELD BOOK/PAGE:
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L9 S 83°00'37" E 57.40'
BR
L
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SCJ FILE NAME: N/A
BR
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LAKE
L
L10 S 66°24'35" E 56.60' SILVER DRAWING #: 1079_SilverLakeBlvd
L11 S 77°03'56" E 60.66' BOULEVARD CONTRACT #: 1079_SilverLakeBlvd
L12 S 75°28'11" E 14.70'
1 OF ___
SHEET ___ 1Page 90
Page 91
CITY OF DOVER Item #3.
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JANUARY 31, 2024
APPLICATION: Comprehensive Plan Amendments 2024 – Consideration of
Amendment to Map 12-1: Land Development Plan Map
FILE #: MI-24-01
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 / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed land use classification for tax parcel ED-05-067.12-02-04.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 91
Page 92
C F #3.
MI-24-01
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 01/31/24 D S
O H
V A
E L
R
APPLICATION: Comprehensive Plan Amendment 2024 Consideration of Amendment to Map 12-1
FILE #: MI-24-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
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. Proposal is a review of an amendment to the 2019 Comprehensive Plan with consideration of a
request for amendment of Map 12-1, 1079 Silver Lake Blvd. This office has no objections.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. N/A
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 92
Page 93
Item #3.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 2/7/2024 Organization
APPLICATION: MI-24-01 Comprehensive Plan Amendment 2024 - Consideration of
Amendment to Map 12-1: Land Development Plan Map
FILE # MI-24-01 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
Comprehensive Plan Amendment Review
MI-24-01 Comprehensive Plan Amendment 2024 - Consideration of Amendment to Map
12-1: Land Development Plan Map
1) The MPO does not have any objections to the proposed amendment. The property would benefit
from pedestrian improvements such as sidewalks and a trail connecting to the middle school. The
road should also be able to accommodate the new volume of vehicle traffic. Further comments
will be submitted if site development takes place at a later date.
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 93
Page 94
Item #3.
Srnrr or Demune
Orrrcs or MnruneeMENT AND Buoeer
Orrrcr or Srnre Plnruntrue CooRolrunnoru
February 2I,2024
Dawn Melson-Williams
City of Dover
Department of Planning and lnspections
City Hall
P.O. Box 475
Dover, DE 19903
RE: PLUS review - 2024-OL-05; City of Dover Comprehensive Plan Amendment - LO79
Silver Lake Blvd.
Dear Ms. Melson-Williams,
Thank you for meeting with State agency planners on January 24,2024, to discuss the
proposed City of Dover comprehensive plan amendment. According to the application,
the City desires to amend parcel 2-05-06712-02-0400-00001on the Future Land Use
Map within their Certified Comprehensive Plan to change the classification from Office
to Mixed Use.
Please note that changes to the plan, other than those suggested in this letter, could
result in additional comments from the State. Additionally, these comments reflect only
issues that are the responsibility of the agencies represented at the meeting.
This office has received the following comments from State agencies:
Planni OS hua Th -7
The property for the proposed comprehensive plan amendment is located within
lnvestment Level 1 according to the 2020 Strategies for State Policies and Spending. lt is
located within the municipal boundary of the City of Dover. The proposed land use
classification is consistent with the surrounding land uses reflected on the future land
use map (20L9 Comprehensive Plan, Map 12-1).
lnvestment Level 1 reflects areas that are already developed in an urban or suburban
fashion, where infrastructure is existing or readily available, and where future
redevelopment or infill projects are expected and encouraged by State policy. Future
Page 94
Page 95
Item #3.
PLUS Review - 2024-01-05
Page 2 of3
development on this site in Level 1 is consistent with the 2020 Strategies for State
Policies and Spending; therefore, the Office of State Planning Coordination has no
objections to this comprehensive plan amendment provided it is adopted through the
City of Dover's local process.
DeDartment of Transportation (DelDOT) - Contact Stephen Baver 302-760-4834
o DelDor has no comments on the proposed comprehensive plan amendment
DelDor notes that if the parcels identified are subsequently developed all
applicable reviews and/or approvals will still be required.
Denart m p nt of Natural R esources and Environm ental Control (DNREC) Contact Beth
-
Krumrine 3 735-3480
Disclaimer Clause: Stafffrom the Delaware Department of Natural Resources and
Environmental Control (DNREC) reviewed the project submitted for pLUS review. The
absence of comments regarding specific resources does not indicate that there are not
additionalconstraints or environmental issues on site, nor does it indicate DNREC
support of a project.
o DNREC reviewers have no comments or concerns at this time
Delaware Eme rsencv Manaeement Ase n CV DEMA) - Contact P hill tn Can 302-659-232s
DEMA has no comments or objections on this Comprehensive Plan Amendment
as this is not our area of expertise.
State Histor ic Preservation Office (SH ) - Contact Carlton Hall 02-736-7400
a Currently, there are previously identified historic resources immediately adjacent
to the parcel.
The potential for precontact archaeological resources in the project area is very
high. This assessment is based on the landform, soil drainage, access to water,
and identification of archaeological sites adjacent to the parcel. ln addition, the
potential for historic period archaeological resources in the project area is also
high. Disturbance across the parcel appears minimal.
a Based on the high potential for archaeological resources being present in the
project area, as well as the seemingly minimal disturbance, there is a high
likelihood for intact archaeological resources within the project area. The DE
SHPO recommends that an archaeological survey take place prior to any ground
disturbance associated with the project.
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Item #3.
PLUS Review - 2024-01-05
Page 3 of3
a lf any project or development proceeds, the developer should be aware of the
Unmarked Human Burials and Human Skeletal Remains Law (Del. C. Title 7,
ch.s4).
Delaware State Fire Marshall's Office - Contact Duane Fox 302-739-4394
The DE State Fire Marshal's Office has no comments because this project lies
within the City of Dover jurisdiction. Any comments should come from the City
of Dover Fire Marshal's Office.
Once the amendment is voted on by Planning and Zoning and/or Town Council, please
forward a copy of the decision regarding the amendment to this office for our files'
Thank you for the opportunity to review this amendment. lf you have any questions,
please contact me at 302-739-3090.
Sincerely,
David L. Edgell, AICP
Director, Office of State Planning Coordination
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Item #3.
CITY OF DOVER PLANNING COMMISSION
February 20, 2024 Excerpt from Meeting Minutes – Draft
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.
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 1 of 5
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Item #3.
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
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 2 of 5
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Item #3.
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-
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 3 of 5
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Item #3.
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?
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 4 of 5
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Item #3.
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
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.
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 5 of 5
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Item #3.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-03
1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP
2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF
3 THE SPECIFIC PROPERTY LOCATED AT 1079 SILVER LAKE BOULEVARD.
4
5 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within
6 the City of Dover, Delaware; and
7
8 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
9 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
10 pursuant to Title 22, Section 702 of the Delaware Code; and
11
12 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
13 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
14
15 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
16
17 WHEREAS, a property owner has requested an amendment to the Land Development Plan Map (Map
18 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
19
20 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
21 (Map 12-1) for review as part of the Comprehensive Plan Amendment 2024; and
22
23 WHEREAS, the Planning Commission held a public hearing on February 20, 2024 after which the
24 Planning Commission made a recommendation in regard to this amendment to the Land Development
25 Plan related to the specific property.
26
27 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the
28 Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as described
29 below.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
32 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY:
33
34 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan
35 Map of the City of Dover has been amended by changing the designated Land Use Classification from
36 Office to Mixed Use for a parcel located at the eastern terminus of Silver Lake Boulevard, known as
37 1079 Silver Lake Boulevard, Dover, Delaware.
38 (Property Owner: Dover Federal Credit Union and equitable owner Charles Chiang; Property
39 Address:1079 Silver Lake Boulevard; Tax Parcel: ED-05-067.12-02-04.00-000; Planning References:
40 MI-24-01 and Z-24-02)
41
42 BE IT FURTHER ORDAINED:
43
44 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
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Item #3.
Proposed Ordinance #2024-03: Consideration of Amendment to Map 12-1: Land Development Plan,
2019 Comprehensive Plan (MI-24-01: 1079 Silver Lake Boulevard) Page 2
45 Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019
46 Comprehensive Plan.
47
48 ADOPTED: *
51
52
53 SYNOPSIS
54 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use
55 Classification of a property. The specific property is 1079 Silver Lake Boulevard, Dover DE. The
56 amendment (MI-24-01) is to be reflected as a revision to Map 12-1: Land Development Plan Map of the
57 2019 Comprehensive Plan.
58
59
60
61 Actions History:
62 03/11/2024 – Scheduled for Public Hearing/Final Reading – City Council
63 02/20/2024 – Public Hearing – Planning Commission
64 01/22/2024 – First Reading – City Council
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Item #4.
PETITION TO AMEND ZONING DISTRICT
Public Hearing Before the Dover City Council
March 11, 2024
Recommendation from Planning Commission Meeting of February 20, 2024
With Staff and Development Advisory Committee Review
Application: Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Owner: Dover Federal Credit Union
Equitable Owner: Charles Chiang
Address: 1079 Silver Lake Boulevard, Dover DE
Location: At the eastern terminus of Silve Lake Boulevard
Tax Parcel: ED-05-067.12-02-04.00-000
Size: 5.04 +/- acres
Present Uses: Vacant tract of land
2019 Comprehensive Plan Designation – Land Use Category: Office
Proposed Comprehensive Plan Designation – Land Use Category: Mixed Use
• This is subject to action on Comprehensive Plan Amendment 2024
Request MI-24-01 with Ordinance #2024-03.
Present Zoning: C-PO (Commercial and Professional Office Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
Reason for Request: To amend zoning to support development of the property as mixed use of
residential and commercial uses.
File Number: Z-24-02
Ordinance Number: #2024-04
Planning Commission
Recommendation: The Application Z-24-02 Lands of Dover Federal Credit Union at 1079
Silver Lake Boulevard: Rezoning C-PO to C-2A was represented by
Mr. Kyle Burchard, PE of Mountain Consulting, Inc. as engineer for
the equitable owner of the subject property. A Public Hearing was
conducted on February 20, 2024 where one member of the public
spoke, and no written comments were received (as part of the meeting)
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Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 2
regarding the Rezoning application. The Planning Commission’s
motion to recommend approval of the proposed rezoning from C-PO to
C-2A (Limited Central Commercial Zone) resulted in a 5-2 vote in
favor (two members absent). (Draft Meeting Minutes attached.)
APPLICATION: Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake
Boulevard: Rezoning CPO to C-2A
This Rezoning Application was referred to the Planning Commission as per Zoning Ordinance,
Article 10 §5. The Planning Commission is required to provide a Review Report to City Council.
The following document and attachments are provided as the Review Report and Planning
Commission Recommendation.
I. APPLICATION SUMMARY
This Rezoning Application Z-24-02 is for a parcel of land consisting of 5.04 acres+/- located at 1079
Silver Lake Boulevard. The property is zoned C-PO (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 was completed by the City Council on January 22, 2024 referring the
Application to the Planning Commission for Public Hearing, Review, and Recommendation.
Existing Property:
The subject property at 1079 Silver Lake Boulevard consists of a vacant tract of land of 5.04 acres
+/- at the terminus of the Silver Lake Boulevard. The property is predominantly an open grass field
with trees and vegetation along its northern boundary with Silver Lake. It has frontage on the cul-
de-sac at the terminus of Silver Lake Boulevard.
This application only seeks Rezoning of the property from C-PO (Commercial and Professional
Office Zone) to C-2A (Limited Central Commercial Zone). The applicant is seeking rezoning to
allow for future mixed-use development of the property. Any redevelopment of the site will be
subject to a separate application submission for plans or permits.
Surrounding Land Uses:
In the immediate area, there are a variety of zoning districts along the length of Silver Lake
Boulevard. The subject property is flanked by a senior assisted living facility zoned IO (Institutional
and Office Zone) and the office building of Dover Federal Credit Union zoned C-PO (Commercial
and Professional Office Zone). Further south on Silver Lake Boulevard as you travel towards its
intersection with Walker Road are the two residential townhouse developments: Senators Lake
developed circa 2012-2018 zoned RM-1 (Medium Density Residence Zone) and Silver Lake
Townhouses developed in the late-1980s zoned RG-3 (Group Housing Zone) with its open space
zoned as ROS (Recreational and Open Space Zone). Then the other office building properties are
zoned C-PO (Commercial and Professional Office Zone) until you reach Walker Road.
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Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 3
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
The 2019 Comprehensive Plan currently depicts the subject area as Office as the Land Use
Classification on Map 12-1: Land Development Plan Map. Under Comprehensive Plan
Amendment 2024 Application MI-24-01, there is a Request to change the Land Use Classification
from Office to Mixed Use for the entire parcel. If the Comprehensive Plan Amendment MI-24-01
is approved, then the requested zoning of C-2A would be consistent with the Comprehensive Plan.
If the Comprehensive Plan Amendment is not approved, the zoning requested would not be
consistent with the current Comprehensive Plan.
Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in
Chapter 12 – Land Development Plan beginning on page 12-7. Mixed Use areas are described as a
“mix of residential, commercial, civic, institutional, and occasionally industrial uses.” The goals
and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented
below:
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of
urban centers. These centers should be established along major roadways and feature
mixed use development, pedestrian-friendly public environments and opportunities for
connection to future transit.
3. In order to encourage non-automobile access to the center, the activities should be
clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw
upon residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces
and pedestrian-friendly village areas that encourage walking and bicycle use. This may
include on-street and behind building parking, and the creation of build-to lines for new
development.
5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle,
and transit networks to parks and natural areas.
6. Encourage the Mixed Use of residential and commercial uses in the Downtown area.
The Comprehensive Plan notes that Mixed Use Areas “can be an area where a new development
should foster walkability and close interactions among activities and uses in a traditional
neighborhood setting.”
The Rezoning Request to C-2A (Limited Central Commercial Zone) is consistent with the Land
Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies that the following zones are compatible with this land use
classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the
Mixed Use Land Use Category identifies a number of zoning districts that allow for a mix of
commercial and residential uses with some being more limiting in the specific types of uses
permitted or where they can be applied.
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Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 4
C-2 (Central Commercial) (Downtown Redevelopment Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C-1 (Neighborhood Commercial)
C-1A (Limited Commercial)
RGO (General Residence and Office) (Downtown Redevelopment Target Area Only)
R-8 (One Family Residence)
Mixed-Use
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
IO (Institutional and Office)
The 2019 Comprehensive Plan also discusses Silver Lake as the largest waterbody in the City and
as a scenic resource in Chapter 5 – Natural Resources and Environmental Protection. It notes that
applications for new development adjacent to the Lake are reviewed by the Silver Lake
Commission. This review would occur with any site development plan application in accordance
with Zoning Ordinance, Article 5 Section 11.251.
III. ZONING REVIEW
Request for C-2A (Limited Central Commercial Zone) Zoning
The types of permitted uses and conditional uses in the C-2A zone are given Article 3 §14 of the
Zoning Ordinance. See the following code excerpt below for the current provisions of the C-2A
zone.
Article 3 Section 14. – Limited central commercial zone (C-2A).
14.1 Uses permitted. In a limited central commercial zone (C-2A), 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:
(a) Retail stores.
(b) Business, professional or governmental offices.
(c) Personal service establishments.
(d) Restaurants.
(e) Service establishments.
(f) Hotels.
(g) Places of public assembly.
(h) Drive-throughs.
(i) One family residences, including attached and semi-detached dwellings, complying with
the bulk standards of the RG-1 (General Residence) zone.
(j) Apartments and multi-family dwellings.
14.2 Conditional uses. The following uses are permitted, conditional upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions set
forth in article 10, section 1:
(a) Parking lots and parking structures as a principal use on suitably landscaped lots.
(b) Fuel pumps accessory to a permitted use.
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Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 5
14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than
offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor
eating areas associated with restaurants and outdoor sales areas approved by the city planner.
14.4 Performance standards. All uses are subject to performance standards as set forth in article
5, section 8.1.
14.5 Site development plan approval. Site development plan approval in accordance with article
10, section 2 hereof shall be required prior to the issuance of building permits for the erection or
enlargement of all structures and prior to the issuance of certificates of occupancy for any
change of use.
(Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2010-28, 1-10-
2011; Ord. No. 2014-08, 7-14-2014)
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from C-PO (Commercial and Professional Office Zone) to C-2A
(Limited Central Commercial Zone). The current C-PO zone is a zoning district permitting offices,
banks, and medical laboratories type uses with other commercial uses only allowed through a
conditional use review process when the use is accessory to a permitted use on the same lot. The
C-PO zone does allow for residential uses in the form of apartments, multi-family residences, and
one-family residences.
The proposed Rezoning to the C-2A zone which is a zoning district offering a mix of uses. For the
C-2A zone, the range of permitted uses that are commercial uses include retail, office, personal
service & service establishments, restaurants, and places of public assembly. The C-2A zone also
includes permitted uses that are residential in nature including one-family residences (detached
dwellings and duplex units), apartments, and multi-family dwellings (more than 2 dwelling units in
same building). The C-2A zone also includes conditional uses (uses subject to specific review for
approval) for parking lots/structures as the principal use and for fuel pumps as accessory to a
permitted use.
Staff recommends that the rezoning request from C-PO to C-2A (Limited Central Commercial
Zone) be granted as requested, provided that the companion Comprehensive Plan Amendment for
the Mixed Use Land Use Classification is first approved then making the Rezoning request
compliant with the Comprehensive Plan. While the uses are similar, the C-2A clearly offers
commercial uses such as retail, personal service, and service establishments in addition to large
commercial uses like hotels and places of public assembly. When comparing the bulk standards of
the C-PO and C-2A, we find that C-2A will allow for a taller and denser development.
It is noted that the Comprehensive Plan’s goals for the Mixed Use Land Use Classification focus
on the idea of neighborhood centers where you would find development with a variety of
residential, commercial, office, and institutional uses in an area that is walkable and pedestrian and
transit friendly. The Silver Lake Boulevard area includes a range of transportation modes and
opportunities (vehicle, transit, pedestrian, and bicycle) along the roadway and its sidewalk network
and proximity to transit stops. There is existing infrastructure for water, sanitary sewer, and
electric services and the police, fire, and emergency medical services service the area.
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in the C-2A
zoning district. Staff again notes that any potential development for the site would have to be in
line with the zoning classifications and would similarly have to follow all development design
Page 108
Page 109
Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 6
guidelines of the Zoning Ordinance. Were the application for Rezoning to be recommended by the
Planning Commission and subsequently approved by the City Council, the applicant would still
have to submit plans and/or permits for review for most uses of the site to be established.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration in making a recommendation to City
Council on this Application.
V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Rezoning Application is a request for a zoning map amendment which changes the zoning
district of a property. The Planning Commission as part of their public hearing and review process
will provide a recommendation on the Rezoning request to City Council. As part of the process
outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the
following factors when considering the request:
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or expanded
to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission will be forwarded to the City Council
for their consideration of the Rezoning Application Z-24-02. This document and its attachments
make up the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of February 20, 2024, the
Rezoning Application Z-24-02 was represented by Mr. Kyle Burchard, PE of Mountain Consulting,
Inc. as engineer for the equitable owner (Charles Chiang) of the subject property at 1079 Silver Lake
Boulevard. During the Public Hearing, five members of the public spoke, and no written comments
were received.
The Planning Commission’s motion was to recommend approval for Rezoning application
Z-24-02 Lands of Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard from C-
PO to C-2A and resulted in a vote of 5-2 in favor of rezoning (two members absent). The
reasons cited for the recommendation of approval include consistency with land uses in the
area; consistency with the City’s 2019 Comprehensive Plan; with reference to the Development
Advisory Committee Report; and recognition of the recommendation of approval from the
Planning Staff. Those voting against recommending approval of the Rezoning noted concerns
with uses of the C-2A zone and concerns with roadway and access.
Page 109
Page 110
Item #4.
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
Planning Commission Recommendation Report from February 20, 2024
Page 7
See also the included excerpt of the DRAFT Meeting Minutes of the February 20, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
V. ADVISORY COMMENTS TO THE APPLICANT:
1) This Rezoning Application Z-24-02 is associated with MI-24-01 Comprehensive Plan
Amendment 2024: Consideration of Amendment to Map 12-1: Land Development Plan Map
(Land Use Classification change) which must be approved for this Rezoning Request to C-2A
to be eligible for consideration regarding compliance with the 2019 Comprehensive Plan.
2) The applicant shall be aware that approval of any Rezoning Application does not represent Site
Development Plan or Subdivision Plan approval. Following any decision made by City Council
in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or
appropriate Building Permits must be submitted to the Planning Department prior to the
establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for any
proposed projects.
3) The property is subject to certain requirements due to its proximity to Silver Lake as related to
development. Any future site development plan, conditional use plan, or subdivision plan will
be subject to review by the Silver Lake Commission as per Zoning Ordinance, Article 5 §11.251.
4) The applicant shall be aware that approval of any Rezoning Application does not represent a
Building Permit, Sign Permit, or other construction activity permit approval. A separate
application submission is required before issuance of permits by the City of Dover.
5) The applicant shall be aware that any future use may be subject to a separate permitting or
licensing process through the City of Dover Licensing and Permitting Division. All businesses
operating in the City of Dover are required to obtain a City of Dover Business Licenses.
Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits.
ATTACHMENTS:
• Zoning Map Exhibit
• Application Z-24-02 Submission:
o Narrative Summary on Rezoning Request
o Site Sketch Plan Sheet (Property Boundaries)
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, Electric Department, City Office of the Fire Marshal, and
Dover/Kent County MPO
• Excerpt from DRAFT Planning Commission Meeting Minutes of February 20, 2024
• Public Comment Letter received February 22, 2024 from Michael Braun (after PC Meeting)
• Proposed Ordinance #2024-04
Page 110
Page 111
City of Dover Application No.: Z-24-02
Item #4.
Department of Planning & Inspections
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Title: Lands of Dover Federal Credit Union
Address: 1079 Silver Lake Blvd
Parcel ID: ED-05-067.12-02-04.00-000
Existing Zoning: CPO (Commercial Professional Office Zone) Legend
Proposed Zoning: C-2A (Limited Central Commercial Zone)
Owner: Dover Federal Credit Union Dover Boundary
Date: 1/2/2024 Subject Property
Zoning
«
Dover Parcels
Page 111
Page 112
Item #4.
City of Dover Rezoning Request (C-PO to C-2A)
Subject Property: 1079 Silver Lake Boulevard
Narra ve to Accompany Applica on
Requested Zoning Change: From CPO to C-2A
Property Orienta on:
The subject property is 5.04± acres at the end of Silver Lake Boulevard on the westerly side of Silver Lake in the City of
Dover, Delaware. The property has shoreline access to the upper end of Silver Lake where the incoming Fork Branch
stream marshes widen into more open waters of the lake. The property is currently undeveloped with a treed shoreline
and the bulk of the land being maintained as an open mowed field. The exis ng Silver Lake Boulevard cul-de-sac bulb
right-of-way is shaped to provide a vehicular entrance into the southwest corner of the property, with concrete curbing
and sidewalks along the site frontage within the right-of-way.
Proposed Rezoning
Figure 1: Oblique Aerial View (Looking North)
Page 1 of 4
Page 112
Page 113
Item #4.
City of Dover Rezoning Request (C-PO to C-2A)
Subject Property: 1079 Silver Lake Boulevard
Adjacent Proper es:
The surrounding development on adjacent proper es are currently described as:
To the north is Silver Lake (Comp. Plan: Water Bodies. R7 Zone)
To the west is the Complete Care at Silver Lake senior facility (Comp. Plan: Ins tu onal. IO Zone).
To the east is the Dover Federal Credit Union corporate office building (Comp. Plan: Office. CPO Zone).
To the southwest are the Representa ve Lane townhouses (Comp. Plan: Residen al Med. Density. RM-1 Zone).
To the southeast are addi onal townhouses (Comp. Plan: Residen al Med. Density. RG-3 Zone).
Proposed Rezoning
Figure 2: Dover GIS Zoning Map
Page 2 of 4
Page 113
Page 114
Item #4.
City of Dover Rezoning Request (C-PO to C-2A)
Subject Property: 1079 Silver Lake Boulevard
Zoning Comparison
Allowed Uses:
C-PO: Commercial and Professional Office Zone
(a)Business, professional or governmental offices.
(b)Banks.
(c)Medical laboratories.
(d)Drive-in facili es accessory to any permi ed use.
C-2A: Limited Commercial
(a)Retail stores.
(b)Business, professional or governmental offices.
(c)Personal service establishments.
(d)Restaurants.
(e)Service establishments.
(f)Hotels.
(g)Places of public assembly.
(h)Drive-throughs.
(i)One family residences, including a ached and semi-detached dwellings, complying with the bulk standards of the RG-1
(General Residence) zone.
(j)Apartments and mul -family dwellings.
Bulk Standards:
ZONE: C-PO C-2A
Minimum required:
5,000 sq.
Lot area
ft.
Lot width (ft.) 50
Lot depth (ft.) 100 100
Front yard (ft.) 10 15
Side yard (ft.) 5 None required, but 5 feet min. if provided
Rear yard (ft.) 15 20 above ground floor. At ground floor, 5 ft. required
Side or rear yards which adjoin a residence zone (ft.) 25 25
Off-street parking
Per 300 sq. ft. floor area or 1 1
Per employee (whichever is greater) 1
Maximum permitted:
Building height
Stories 3 6
Feet 45 75
Floor area ratio 2 4
Lot coverage 75% N/A
The proposed C-2A zoning expands the allowed uses and allowable density, both of which are necessary for the
proposed Mixed Use development to have apartments above ground-level commercial spaces plus indoor/outdoor
ac ve recrea on facili es. Parking on the property will be a limi ng factor for the achievable density even with
structured parking garage levels above and/or below ground planned. Required Silver Lake buffers and lake slopes will
also restrict prac cable lot coverage.
Page 3 of 4
Page 114
Page 115
Item #4.
City of Dover Rezoning Request (C-PO to C-2A)
Subject Property: 1079 Silver Lake Boulevard
Access and Infrastructure Analysis
The fixed-end generator of Silver Lake Boulevard will have increased traffic from addi onal residen al apartment units.
The commercial spaces should substan ally be patronized by the local community living and working on Silver Lake
Boulevard, but there will be addi onal trips generated by the commercial spaces.
The single point of access into the development from the cul-de-sac of Silver Lake Boulevard may not be adequate to
serve the uses and circula on needed throughout the site, and a second point of access may be necessary through DPW
Street coordina on since Silver Lake Boulevard is not a DelDOT-maintained roadway. Final traffic engineering may be
required to include DelDOT if addi onal trips onto Walker Road do not blend into background traffic.
Fire and Emergency Service access shall be provided as required by the Office of the State Fire Marshal, with adequate
circula on and ligh ng for life safety and security. Fire hydrants exist in the vicinity of the Silver Lake Boulevard cul-de-
sac for suppor ng emergency fire suppression. The buildings will be fully sprinklered.
An exis ng sanitary sewer easement through the property leading to the adjacent Silver Lake Pump Sta on may contain
both gravity and forcemain sewer pipes. The property development may require permanent reloca on of these lines
and easement on the property in coopera on and conformance with the rules and regula ons of the Dover Department
of Water & Wastewater. Potable water supply adequacy shall be confirmed and upgraded if necessary with the review
and approval of the Dover Department of Water & Wastewater.
Stormwater management on the site, if developed to capacity, will be challenging, but preliminary inves ga on indicates
rela vely deep groundwater, that will allow subsurface stormwater management. The envisioned development also has
significant green roof areas to help mi gate stormwater requirements, and enhance overall landscaping and trail
ameni es throughout the site at ground level, and on the roof levels.
Conceptual development of this future project has already begun. The project requires a Comprehensive Plan
amendment (by separate applica on) to allow Mixed Use development, and rezoning to C-2A for the appropriate mix of
commercial and residen al uses envisioned.
The proposed rezoning to C-2A is consistent with the surrounding zones and uses, and will enhance and support the local
community. Mee ngs with the neighborhood are planned to be held prior to DAC and Planning Commission to steer the
commercial spaces towards what is most needed, and most desirable to establish a viable neighborhood center at this
property. The Applicant Team looks forward to repor ng to the City on our progress with the neighborhood mee ngs,
and to achieving the required Comprehensive Plan and Rezoning approvals to bring these ameni es to Silver Lake
Boulevard.
Page 4 of 4
Page 115
Page 116
PLAN NOTES: Item #4.
1) SITE SKETCH BASED ON PLOT BOOK #52, PAGE 97 ONLY.
CURVE TABLE
2) SETBACKS SHOWN AS PROVIDED BY CITY OF DOVER PLANNING OFFICE AND DO NOT MATCH WHAT RECORD PLAN SHOWS.
3) 100' RIPARIAN BUFFER CAN BE REDUCED TO 50' (AS SHOWN ON PLAN) PER CITY OF DOVER PLANNING OFFICE.
NO. RADIUS / ARC / CHORD BEARING & DISTANCE
4) REMOVAL OF EXISTING VEGETATIVE COVER CAN BE CLEARED AS IT DOES NOT MEET THE CITY OF DOVER DEFINITION OF WOODLANDS.
5) REAR PORTION OF THE SITE SHOWS SITE MAY LIE WITHIN THE 100-FLOOD PLAIN ACCORDING TO FEMA MAP #10001C0166H,
C1 R= 60.00' / A= 69.53' / N 81°44'54" W 65.70'
1
"W
DATED 05/05/2003. SAID LINE APPEARS TO MEANDER ALONG REAR OF SITE AS SHOWN.
L1 C2 R= 30.00' / A= 35.05' / N 81°28'13" W 33.09'
'06 '
REZONING/COMP.PLAN NOTES (ADDED BY MOUNTAIN CONSULTING, INC., 103 S. BRADFORD ST):
C3 R= 100.00' / A= 63.28' / N 29°52'15" W 62.23'
32 06
1) OWNER OF RECORD ADDRESS: 1075 SILVER LAKE BLVD, DOVER, DE 19901 0
L1
6° 2.
2) SILVER LAKE BLVD WIDTH VARIES ALONG FRONTAGE CUL-DE-SAC. C4 R= 200.00' / A= 47.63' / S 62°14'45" W 47.52'
3) EXISTING SANITARY SEWER EASEMENT TO BE RELOCATED ONSITE, IF POSSIBLE, WITH FINAL DESIGN.
S 1 10
4) EXISTING ZONING: CPO. PROPOSED ZONING C-2A. BR L
5) ENTIRE 5.0374+/- ACRES SUBJECT TO REZONING.
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OWNER: DOVER FEDERAL CREDIT UNION
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PER RECORD PLAN:
"EXISTING HIGH WATER LINE OF SILVER LAKE" BR L
OWNER: CITY OF DOVER LOCATION MAP
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BR L
ED-05-06712-02-0500-000
87 "PUMP STATION" PLAN PREPARED BY
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BR
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10278 South DuPont Hwy , Felton , DE 19943
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2 BRL
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R= 175.00' / A= 156.14'
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OWNER: DOVER FEDERAL CREDIT UNION
ED-05-06712-02-0400-000 BRL
CONTAINS 5.0374 ACRES +/- BRL
15' WIDE SANITARY SEWER
L5 EASEMENT AS GRAPHICALLY BRL
DEPICTED ON RECORD PLAN
BRL
(PLOT BOOK #522, PAGE #97)
BRL
L4
BRL
BRL
OWNERS INFORMATION
BRL
BRL
DOVER FEDERAL CREDIT UNION
BRL
BR
L
BR
L
BR
L
BRL
CITY OF DOVER
KENT COUNTY, DELAWARE
BR
L BRL C4
BR
L
BR BRL
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SITE SKETCH PREPARED FOR
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CHARLES CHIANG
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L BRL
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BR
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1079 SILVER LAKE BLVD, DOVER, DELAWARE 19904
BRL
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BRL
KENT COUNTY, DELAWARE
0"
BR
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LINE BEARING DISTANCE
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PLANS BASED ON
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L1 N 48°00'00" W 2.57' 4.
BR
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RECORD PLAN #52, PAGE #97
29 BR
L
L2 N 11°44'30" W 6.64' ' BR
L
BRL
BRL
L3 S 78°15'30" W 60.00'
BR
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DRAWN BY: NP
LBR
L4 S 81°54'11" E 40.46' BR
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CHECKED BY:
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SCALE: 1"=40'
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DATE: 03/20/2023
L
L6 N 64°34'24" E 60.29'
BR
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DATE OF FLD WRK: N/A
BR
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L7 N 58°43'40" E 66.15'
L
BR BRL BR
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OWNER: SILVER LAKE REALTY DE, LLC BR
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DATE CRNRS SET: N/A
L8 N 68°03'49" E 88.12' ED-05-06712-02-0200-000 BR
L L3 C3 C2 FIELD BOOK/PAGE:
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BR
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BR
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LAKE
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L10 S 66°24'35" E 56.60' SILVER DRAWING #: 1079_SilverLakeBlvd
L11 S 77°03'56" E 60.66' BOULEVARD CONTRACT #: 1079_SilverLakeBlvd
L12 S 75°28'11" E 14.70'
1 OF ___
SHEET ___ 1Page 116
Page 117
Item #4.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JANUARY 31, 2024
APPLICATION: Lands of Dover Federal Credit Union at 1079 Silver Lake
Blvd
FILE #: Z-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
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 / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-067.12-02-04.00-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of
Dover’s Cross Connection Control Program.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 117
Page 118
Item #4.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JAN 31, 2023
APPLICATION: Lands of Dover Federal Credit Union at 1079 Silver Lake
Boulevard
FILE #: Z-24-02
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-067.12-02-04.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 118
Page 119
C F #4.
Z-24-02
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 01/31/24 D S
O H
V A
E L
R
APPLICATION: Lands of Dover Federal Credit Union at 1079 Silver Lake Blvd.
FILE #: Z-24-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
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. Proposal is a rezoning application. This office has no objections.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. N/A
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 119
Page 120
Item #4.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 2/7/2024 Organization
APPLICATION: Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
FILE # Z-24-02 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
Zoning Review
Z-24-02 Lands of Dover Federal Credit Union at 1079 Silver Lake Boulevard
1) The MPO does not have any objections to the proposed rezoning. The property would benefit
from pedestrian improvements such as sidewalks and a trail connecting to the middle school. The
road should also be able to accommodate the new volume of vehicle traffic. Further comments
will be submitted if site development takes place at a later date.
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 120
Page 121
Item #4.
CITY OF DOVER PLANNING COMMISSION
February 20, 2024 Excerpt from Meeting Minutes – Draft
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.
NEW APPLICATIONS
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 1 of 5
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Item #4.
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
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.
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 2 of 5
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Item #4.
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
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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 3 of 5
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Item #4.
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 it 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
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 the 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
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 4 of 5
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Item #4.
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 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.
Excerpt of Planning Commission Meeting Minutes of February 20, 2024 Page 5 of 5
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Item #4.
02/22/2024
City of Dover-Planning Commission
Via email CompPlan@dover.de.us
I am a property owner with a property located near 1079 Silver Lake Blvd. I attended the Hearing held
2/20/2024, regarding the Rezoning application Z-24-02. This application seeks to change the zoning for
1079 Silver Lake Blvd from C-PO (Commercial and Professional Office Zone) to C-2A (Limited Central
Commercial Zone).
During the hearing it was discussed that Silver Lake Blvd did not apparently meet the requirements of C-
PO as Silver Lake Blvd is not considered a “major” roadway. In fact, Silver Lake Blvd is a two-lane
roadway that is effectively a “dead end” street ending at the subject property. There is only one way in
and the same way out for access to the subject property. I note further that there is a two-lane bridge
further potentially restricting access. Given these limitations, the subject property does not appear to
be consistent with the C-2A zoning designation.
I was also concerned by the applicant’s apparent reluctance to provide details as to what he intends for
the property that warrants the time, effort, and cost of the application. He repeatedly stated that
development of the property under the C-2A zoning would provide significant benefits for the
surrounding property owners but would not/did not provide details. I note that when the Council had
questions regarding the use of “gas pumps” on the property, he was quick to announce that he had no
plans that would include “gas pumps”. I feel that the applicant should not be allowed to have it “both
ways”. Since he claims that development under C-2A would be good for the neighborhood, and he
deflects Council concerns about use by announcing what he does NOT plan to do with his property, he
opens the “gate” to being required to provide those things that he IS considering for the property. I
request that he be required to release all correspondence, memos, billing records etc. that deal with
discussions applicable to this rezoning application and potential uses should the rezoning be approved.
Respectfully submitted,
Michael W Braun
mwbraun@comcast.net
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Item #4.
FINAL READING
City of Dover
PROPOSED ORDINANCE #2024-04
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT
3 1079 SILVER LAKE BOULEVARD
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
8 described below from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central
9 Commercial Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL, MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO
14 (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone) on that
15 property located at 1079 Silver Lake Boulevard (at the eastern terminus of Silver Lake Boulevard),
16 consisting of 5.04+/- acres, owned by Dover Federal Credit Union.
17 (Tax Parcel: ED-05-067.12-02-04.00-000; Planning Reference: Z-24-02; Fourth Council District)
18
20 ADOPTED: *
21 Actions History
22 03/11/2024 - Scheduled for Public Hearing/Final Reading - City Council
23 02/20/2024 - Public Hearing - Planning Commission
22 01/22/2024 - First Reading - City Council
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Item #5.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on February 26, 2024, at 6:31 p.m. with Council
President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler, and Mr. Lewis.
Staff members present were Police Chief Johnson, Mr. Hugg, Fire Chief Carey, Mr. Junge,
Mr. Lyon, Ms. Duca, and Ms. Bennett. Ms. Melson-Williams and Mr. Rodriguez were absent.
Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:17 p.m., prior to commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Rocha.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha, and unanimously
carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Sudler requested the removal of Item #12, Consideration of DSU Offer – City Repurchase of
Former City Library, from the consent agenda.
Mr. Sudler moved for adoption of the consent agenda as amended, seconded by Mr. Rocha,
and carried by a unanimous roll call vote.
PRESENTATION – RECOGNITION OF SERVICE – REVEREND RITA MISHOE
PAIGE – HUMAN RELATIONS COMMISSION (OCTOBER 2016 – JANUARY 2024)
On behalf of members of Council, Mayor Christiansen presented Reverend Paige with a Dover Cup
in recognition of her many years of service on the Dover Human Relations Commission.
Councilman Sudler thanked Reverend Paige for everything that she has done throughout the
years and congratulated her.
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Item #5.
CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 2
Reverend Paige expressed that serving on the Dover Human Relations Commission has been a
pleasure, despite the challenges. She is looking forward to great things coming out of the current
commission. Reverend Paige thanked council for the opportunity to serve the City of Dover.
PRESENTATION – ROBBINS HOSE COMPANY 2023 ANNUAL REPORT
David Carey, Robbins Hose Company Fire Chief, reviewed the 2023 Annual Report.
Responding to Mr. Lewis, Chief Carey stated that there was a conversation last year regarding
the fire department running a camp for kids like the police department does during the summer.
One of the captains planned to work on it and see where it could go. Chief Carey further stated
that the captain got injured and it fell through the cracks. Chief Carey mentioned that they have
considered this and are looking at that in the future.
Responding to Mr. Lewis, Chief Carey stated that with the March 27th utility billing, there will
be 20,000 flyers going out to everyone in the city. Chief Carey further added that every recipient
of a city electric bill will receive a mailer for recruitment to the fire department.
Responding to Mr. Lewis, Chief Carey stated that over the past few years, they have been
attending the FDIC, which is the Fire Department Instructors Conference. At this conference,
they gather information on recruitment and retention strategies that are being implemented
nationwide. Chief Carey further stated that currently, there are not many departments throughout
the United States that are not doing some sort of incentive program for volunteers. Delaware is
likely one of the only states that does not have such a program at this point. Chief Carey
explained that there are a lot of people pushing social media and they are focusing their efforts in
that direction, with the help of a marketing company that they have hired, as well as the mailers.
The goal is for everyone to be aware of who they are and their purpose.
Responding to Mr. Lewis, Chief Carey explained that currently, the State of Delaware has a
program for firefighters and EMTs that is restricted to in-state schools only. He views this
restriction as a hindrance to the volunteer system. Chief Carey suggested since there are many
online college education options available now, volunteers could earn their degrees online
without leaving Delaware or their homes. He proposed broadening the program to align with
state guidelines, which would require passing grades, but removing the restriction to in-state
schools.
Responding to Chief Carey, Mr. Lewis mentioned that the city property tax discount, which is a
great incentive, could persuade the older group of citizens in the community to apply. He stated
that with the stipend, he was not sure how well that would work, especially with the senior
citizen population. Mr. Lewis further emphasized that volunteer firefighters keep local taxes and
expenses low by eliminating the need to pay career firefighter wages. He inquired about the city's
potential transition to a paid fire department in the future, considering factors beyond just the
decline in volunteer numbers.
Responding to Mr. Lewis, Chief Carey explained that with the current Mosaic Plan and the
anticipated addition of six (6) to eight (8) firefighters through the Safer grant, the department is
expected to be in a favorable position for the next 10 years, possibly longer. The effectiveness of
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Item #5.
CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 3
this plan may also depend on how successful the department is in recruiting and retaining
volunteers. Chief Carey stated that as they get busier in the city, they are going to draw more
individuals to the fire department from other places that want to ride and be busy. He further
mentioned that as they increase in call volume throughout the city, the number of fires is going to
increase as well. Chief Carey expressed confidence in the current plan and believes that it will
serve the department well into the future. He stated that they should be in good shape for at least
10 years, possibly longer, depending on how effectively they maintain and manage the system.
Chief Carey explained that concerning the Mosaic Project from a department standpoint for fire
protection, it could be more of a challenge for some individuals because they are going to have to
be in shape. Chief Carey further explained that individuals will need to be able to climb six (6)
stories of stair towers and do things like that, however, the buildings that are being built will be
fire-protected. Chief Carey stated that there would be sprinkler systems and fire alarm systems
that are state of the art and will be able to tell them exactly where the fire is in the building. The
smoke detectors are designed to pinpoint the exact room and floor they are on. Chief Carey
expressed that he is not overly concerned about the Mosaic Project's impact on fire protection.
He emphasized that fire protection measures will be integrated into the project, and he is
confident in guaranteeing this through adherence to codes and standards.
Responding to Mr. Lewis, Chief Carey stated that Kent County gives an annual amount to every
fire company and that it is a contribution just like the city does. Chief Carey further stated that
this is funded by Kent County property taxes. Chief Carey explained that their grant-in-aid
program is based on call volume throughout the county. Every fire department receives a
different amount based on their call volume. Chief Carey further explained that the
appropriations from the County and the State go into the department’s general fund, which helps
maintain buildings and infrastructure. Whereas the city budget maintains the operational part of
their department. Chief Carey stated that when he refers to "operational," he is talking about
things with wheels on them, such as fire trucks, the turnout gear that firefighters wear, and the
equipment they use. These items are funded by the city budget. The department funds are used to
maintain the structures of the building. Chief Carey further stated that when they did the
renovation two (2) years ago, none of that was paid for by the city. Instead, it was funded by
appropriations from the State and County, that they receive throughout the year.
Responding to Mr. Rocha, Chief Carey explained that incentivizing and enticing volunteers to
join the fire department, even with a small amount of money, can make a difference for that
individual's family. It could help them make a car payment, pay a house payment, or provide
food for their family. That is a small amount of money compared to if the fire department was a
career department, costing $21 million to fund a year versus $532,000 a year for an incentive
program. Chief Carey stated that is the difference between the incentive program and the career
fire department situation.
Responding to Chief Carey, Mr. Neil stated that they need to move towards a long-term solution
that requires increased taxpayer commitment. While the $530,000 a year may not be feasible this
year, considering the additional cost of recruitment, and maintaining the number as an incentive.
Mr. Neil suggested that they prioritize layering in what could work now and be able to get into
this budget, so they can start building this up for them. Mr. Neil stated that while they lay out
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Item #5.
CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 4
alternatives, they face a different problem. He questioned whether Tyler Munis could be used if
they wished to grant a property discount and whether taking a 5% discount on the monthly city
services could be an option, which would be an incentive to live in the city.
Mr. Neil explained that they needed to determine whether this could be done and who would be
qualified. They also need to establish a way for individuals to prove that they are fulfilling their
responsibilities for the fire department. The tuition assistance program is a great idea, and it
would not cost the city much money, perhaps $500 or $1,000 a year, since they don't know how
many people will participate. The cost depends on how many people they can entice so it is a
variable figure, and it should be somewhere in the budget that they have available to them.
Recruits should commit to a full year of satisfactory service, and the fire department needs to
develop qualifications to implement the program. They will monitor the results of the
recruitment effort closely.
Mr. Neil stated that the fire department needs a signature annual event for both public awareness
and fundraising, one that could draw people from across the state. He explained that the event
should be designed to attract visitors and raise awareness. Mr. Neil stated that all these things
must happen. Mr. Neil said that he deeply appreciates what their department has done for us.
Responding to Chief Carey, Mr. Boggerty expressed his pride in seeing the diversity among the
younger members of the fire department. Mr. Boggerty further stated that he has spoken with the
Chief of Police about even though there may be money for college, a lot of things can happen
with credit. Some students may opt for volunteer hours or credits toward their majors instead.
Mr. Boggerty inquired about the implications for individuals who are 18 and still live with their
parents if the recommendations regarding city credits and taxes are implemented. Mr. Boggerty
stated that it is not a question for now but consider if they do move that way, how would that
play out for those who live in their parents’ home.
Responding to Chief Carey, Mr. Hare stated that a possibility could be a run service charge.
Mr. Hare explained that every time there is a fire call, wherever they go, there is a fee attached to
that property. If it’s the resident who is paying taxes, the first two would be waived. If they must
go to that same house three times a year, there is something wrong and they should pay that fee.
Mr. Hare stated that one way to raise some revenue is to have a service charge which could cut
down the number of runs.
Responding to Chief Carey, Mr. Anderson suggested that they could look at connecting with
AmeriCorps. That could be a real connection where somebody else, at least for the college
students, could pay a stipend that would pay the student’s tuition, et cetera. Mr. Anderson
explained that this program is available through the federal government, and both nonprofits and
communities can sign up for it. He also mentioned that they could advertise or connect this
opportunity to the Inspire program as well.
Mr. Neil moved for a motion to accept the Fire Department’s Annual Report, seconded by
Mr. Boggerty, and carried by a unanimous carried.
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Item #5.
CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 5
PUBLIC HEARING
PROPOSED RESOLUTION NO. #2024-04 – APPROVING ISSUANCE OF CERTAIN
BONDS OR NOTES BY ROBBINS HOSE COMPANY NO. 1 OF DOVER, DELAWARE
Mrs. Patricia Marney, Interim Controller/Treasurer briefed members on the Resolution.
Council President Hare declared the hearing open. There being no one present wishing to speak
during the public hearing, Council President Hare declared the hearing closed.
Mr. Neil moved for the acceptance of Resolution No. 2024-04, seconded by Ms. Arndt, and
carried by a unanimous roll call vote.
A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE
ROBBINS HOSE COMPANY NO. 1, OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1, of Dover, Delaware, 103 South Governors
Avenue, Dover, Delaware (the “Company”) is a volunteer fire company organized and existing
under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an area
within the City of Dover, Delaware (the “City”); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to
$1,300,000 of bonds or notes of the Company (the “Bonds”) for the purpose of financing a
portion of the costs of a new Aerial Tower Ladder Truck to be owned and operated by the
Company for its firefighting services (the “Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion
from gross income of the owners thereof for federal income tax purposes pursuant to Sections
103 and 150 of the Internal Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not
qualify for exclusion from gross income of the owners thereof for federal income tax purposes
unless the issuance of the Bonds is approved by the applicable elected representative of a
governmental unit with which the Company has entered into an agreement, after a public hearing
to consider the issuance of the Bonds has been conducted, following reasonable public notice;
and
WHEREAS, the Company is empowered and required to provide exclusive firefighting services
to the City pursuant to the City of Dover Code of Ordinances; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News, a
newspaper of general circulation in the City, and on February 26, 2024, the City Council of the
City of Dover conducted a public hearing on behalf of the Company for the purpose of
considering the issuance of the Bonds; and
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NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Dover, Delaware,
for the sole purpose of qualifying the interest payable on the Bonds of the Company for
exclusion from the gross income of the owners thereof for federal income tax purposes pursuant
to Section 103 of the Code, does hereby approve the issuance of bonds or notes by the Company
in a maximum aggregate principal amount of up to $1,300,000 for the purpose of financing a
portion of the costs of the Project, provided, that such bonds or notes shall be an obligation of the
Company and shall never be a debt of the City and the City shall not be liable for any payment
on such bonds or notes.
ADOPTED: February 26, 2024
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 12,
2024
The Minutes of the Regular Council Meeting of February 12, 2024, were unanimously
approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval
of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT – FEBRUARY 13,
2024
The Council Committee of the Whole met on February 13, 2024, at 6:00 p.m.
with Acting Council President Anderson presiding. Members of Council present
were Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr.
Rocha. Council President Hare and Mr. Sudler were absent. Mayor Christiansen
was also absent. Civilian members present for their Committee meetings were Mr.
Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement) Mr.
Shevock (via WebEx), and Ms. Smith (via WebEx) (Legislative, Finance, and
Administration). Mr. Iriowen, and Mr. Pugh (Utility) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Parks and Recreation Update (Robin Eaton, Director of Parks and
Recreation)
Mr. Robin Eaton, Director of Parks and Recreation provided an update regarding
the Schutte Park and Dover Park projects.
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Committee Action Not Required
Mr. Eaton reported that in Schutte Park, the Dog Park is scheduled to receive
water in the spring, and they have continued to plant trees to provide natural
shade. Mr. Eaton stated that the DIY Skatepark will be ready for concrete once
there is a break in the weather. Mr. Eaton explained that the DIY section is close
to the final resting spot for the city's skate park project which will include a bowl
and streetscape. The goal is to connect the two with a pump track.
Mr. Eaton reported that in Dover Park, a new building is being built and the
windows are in, there are only a few minor things to work out, but it should be
wrapped up soon. Mr. Eaton explained that a few things changed with the spray
pad from the manufacturer, affecting both the design and the start of construction.
One of the main issues is the elevation and where the new tank needs to go but the
spray pad should be wrapped up shortly after the building. The final project at
Dover Park is the accessible playground. Mr. Eaton stated that the equipment is
arriving and after meeting with the contractor the project is on track to be installed
in the early spring. Mr. Eaton explained that Kent Construction will likely do the
sitework for the sidewalks and curbing around the playground.
Mr. Eaton reported that the Duathlon will be held on April 20, 2024, with a goal
of having 200 participants this year. Mr. Eaton reported that upon the
recommendation of Councilman Rocha, they brought in a 40-and-over women’s
Double Dutch group, who will be using the multipurpose room until the new
Dover Park building is completed. Mr. Eaton noted that the group had already
started using the facilities and had 34 people attend the first night. Mr. Eaton also
explained that he is trying to fill the Pitts Center during the day. Mr. Eaton stated
that they have Bocce Ball on Mondays, and Men’s Senior Softball on Tuesdays
and Thursdays. The time slot that Mr. Eaton is looking to fill is 10:00 a.m. until
3:00 p.m. Mr. Eaton explained that he welcomes collaboration with daycares or
mommy groups, and he has been in contact with KSI about using the facility for
some activities.
Finally, Mr. Eaton reported that at the end of the fall, they received grant funding
for electric mowers. They have since received a Ford Lightning and utilized an
existing enclosed trailer which was retrofitted with fittings for the electric mowers
to be plugged into. Mr. Eaton explained that come Spring they will have a
mowing unit that is entirely electric from the truck pulling the trailer to the two
mowers and hand tools for weeding and blowing.
Ms. Arndt thanked Mr. Eaton and his crew at the Pitts Center for their open gym
and basketball program. Ms. Arndt stated that the program has been a godsend on
the days when school is closed, and the weather is not the best. Ms. Arndt stated
that sending the kids over to the Pitts Center to play basketball is a terrific way to
get them out of the house.
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Responding to Ms. Arndt, Mr. Eaton stated that Sherwanda handles the summer
camps, and anyone can call to get the dates. Mr. Eaton stated that typically, the
camps start the Monday after Capital School District ends and continue until the
Friday before they go back.
Responding to Ms. Arndt, Mr. Eaton stated that Towne Point is where the
afterschool program is and Ms. Thompkins is very informative with the programs,
but he would follow up and make sure informational items are going out.
Responding to Mr. Boggerty, Mr. Eaton stated that he would like an amphitheater
out at Schutte Park. Mr. Eaton explained that Sherwanda handles the Concerts on
the Green as well and they have talked about expanding the event or expanding
the event and moving it to a different location. Mr. Eaton stated that expanding
the series is in the back of their minds, and so is an amphitheater.
Responding to Mr. Anderson, Mr. Eaton stated that everything on the mowers is
electric. Mr. Eaton explained that they are battery-powered and that the blades,
wheels, and lights all use battery power.
Responding to Mr. Anderson, Mr. Eaton stated that regarding programs, there is
still a policy in place that allows children of people who receive food stamps to
receive a fee waiver. Mr. Eaton also explained that there are also cost benefits for
city residents.
Responding to Mr. Rocha, Mr. Eaton stated that he and Mr. Boggerty shared the
same vision for Williams Park. Mr. Eaton explained that the park had been
neglected for some time. Mr. Eaton expressed his desire to install a Bocce Ball
court, corn hole boards, and focus on the basketball courts. Mr. Eaton added that
once he gets through the five big projects, he will work on that vision.
Responding to Mr. Neil, Mr. Eaton stated that he and Mike Lewis have previously
discussed ideas for partnering with the racetrack and their facility. Mr. Eaton
explained that one of the things he is interested in hosting there is a droid show.
Mayor and Council Reports – January 2024
Council President Hare
Council President Hare was absent, and no report was given.
First District
Dr. Pillsbury reported that she attended the Delaware League of Local
Governments meeting, and as Mr. Rocha will discuss, they have a First District
Town Hall scheduled for March 7, 2024.
Mr. Rocha reported that he attended the Governor's Walk regarding the
Downtown Dover Revitalization funding announcement. Mr. Rocha reported that
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he and Ms. Arndt helped facilitate the Unsheltered Working Group at the Dover
Library. Mr. Rocha stated that he coordinated with Mr. Eaton on the women’s 40
and over Double Dutch program at the Pitts Center. Mr. Rocha reported that he
has been working with Namati which empowers EMBARC (Economic
Mobilization to Benefit and Resource Communities), and they have set up a
community meeting for February 24, 2024, at 11:00 a.m. at the Dover Public
Library. Mr. Rocha stated lunch would be provided while they discussed the
possibilities around the St. Jones Dover River Park Project. Mr. Rocha explained
that he has been assisting a great-grandmother, who has custody of her four great-
grandchildren in looking for a larger home. Mr. Rocha also reported that he has
been hosting and attending meetings with Mr. Hugg, Ms. Duca, and the state
legislators to discuss potential funding to remediate contamination on property
along the St. Jones River, that was once a dump site and sewer plant.
Second District
No report was given.
Third District
Mr. Neil reported that he has held several discussions regarding the parking
ordinance, as well as working on some complaints, which he has included Ms.
Arndt and Mr. Boggerty on. Mr. Neil stated that he received a complaint
regarding leaves in the Bradford area, which Mark Nowak and his Public Works
team responded to immediately. Mr. Neil also stated that he attended the
Governor’s Walk regarding the Downtown Dover Revitalization funding.
Ms. Arndt gave an update from DelDOT regarding the six-way intersection at
Ross-Bradford and Governors. Ms. Arndt stated that the engineering plans have
been approved and are being handed off to the field operations team. Ms. Arndt
explained that the next step would be issuing a notice to proceed to the contractor
to order the materials and schedule the construction.
Fourth District
Mr. Anderson reported that he has assisted neighbors on South Bradford Street,
who are concerned with people sleeping on people’s properties, in their bushes,
and at people's back doors. Mr. Anderson reported that they are trying to adjust
their landscaping to make those areas more visible. Mr. Anderson stated that there
were nine different complaints between South Governors and South Bradford
Street. Mr. Anderson reported that Millcreek had several infrastructure concerns
(Attachment #1). Mr. Anderson thanked Representative Bush, and Ms. Duca,
Assistant City Manager, for their help in analyzing the issues so that they can be
workable and solvable. Mr. Anderson also reported that constituents in Lincoln
Park had some positive action regarding dumping issues between Simon Circle
and Lincoln Park in November, however, they are starting to see issues again
(Attachment #2). Mr. Anderson thanked Mr. Kopp, Chief Code Enforcement
Officer, who has opened a new case.
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Mr. Sudler was absent, and no report was given.
At-Large
Mr. Boggerty reported that he attended a meeting hosted by Senator Buckson,
along with Mr. Rocha, Kent County Levy Court Members, and other members of
the community who are interested in starting a Harriet Tubman trail. Mr.
Boggerty explained that former Councilman Taylor shared the same desire and
perhaps he could be looped back into the conversation. Mr. Boggerty reported that
he has been assisting a constituent on Green Blade Drive with identifying who is
responsible for the alley as trash is collecting and being blown through it.
Mr. Boggerty stated that he went to a constituent's home concerning Mr. Neil’s
recent issues with handicapped parking. Mr. Boggerty stated that the situation has
escalated and unfortunately, while anyone can request handicapped parking,
anyone in the neighborhood can also park in the parking spot. Mr. Boggerty
reported that he attended the Governor's Walk and will be attending the Police
Academy Graduation. Mr. Boggerty stated that he met with the business owner of
Top Notch Sewing Connection regarding a cubby hole where individuals have set
up a lawn chair and have been seen using drugs. Mr. Boggerty spoke to the
individuals and asked the Chief of Police to keep an eye on that area. Finally, Mr.
Boggerty stated that after working with Tracy Palmer and working around some
other events, Unity Day will be held on June 29, 2024. Mr. Boggerty stated that
the theme will be forthcoming, and he hopes he and Mr. Rocha can discuss the
possibility of having a basketball tournament at Dover Park.
Mayor Christiansen
Mayor Christiansen was absent, and no report was given.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting
adjourned at 6:43 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
Carbon Column Replacement – Component 2 (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director reviewed the background and
analysis of the Carbon Column Replacement.
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Staff recommended awarding the contract to Old Dominion Insulation, Inc. for
the amount of $120,100.
Responding to Mr. Lewis, Mr. Lyon stated that they solicited bids from eight
firms that have the expertise for the project. Mr. Lyon also stated that they looked
regionally but did not do a nationwide search.
Responding to Mr. Lewis, Mr. Lyon stated that they utilized the Office of
Supplier Diversity which provides not only Delaware firms but also out-of-state
firms. Mr. Lyon stated that they do not have to be a Delaware resident to be on
the list, they must be able to show that they have a license in Delaware to do the
work.
Mr. Neil moved to recommend approval of staff recommendations to award
the contract to Old Dominion Insulation, Inc. The motion was seconded by
Ms. Arndt and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Stormwater Utility Discussion (Sharon Duca, Assistant City Manager / Mark
Nowak, Public Works Director
Ms. Sharon Duca, Assistant City Manager, and Mr. Mark Nowak, Public Works
Director reviewed the background and analysis of the Stormwater Utility
proposal.
Staff recommended authorizing staff to include the Stormwater Utility in the
FY25 Budget.
Responding to Mr. Neil, Ms. Duca stated that the stormwater utility applies to all
properties within the City of Dover. Regardless of their nonprofit status, the rates
would still apply.
Responding to Mr. Lewis, Mr. Nowak stated that it would be on a separate bill.
Responding to Mr. Lewis, Mr. Nowak stated that regarding quality credits, the
community would have to submit a document or engineering plan. Using the
document and the credits manual, they would establish the percentage of credits.
Mr. Nowak stated that for quantity credits, they have been working closely with
Newark because they have implemented a similar project and have not received
any requests. Mr. Nowak stated that they have been using their input to set up the
criteria.
Responding to Mr. Lewis, Mr. Nowak stated that he did not believe this would
increase residents' property taxes.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 12
Responding to Ms. Arndt, Mr. Nowak stated that they currently have a
Stormwater Coordinator position open, which they have interviewed for, and they
also have an Environmental Scientist on staff. Mr. Nowak stated that they would
be adding one employee to the environmental staff, and with that additional
person, he believes that they will have the staff to handle the Stormwater Utility.
Responding to Ms. Arndt, Mr. Nowak stated that the only issue that they have
seen from Newark is that they have not had anyone apply for quantity credits and
will handle them if they come up. Mr. Nowak stated that they plan to come up
with a matrix ahead of time.
Responding to Ms. Arndt, Ms. Duca stated that they plan to work with Customer
Service and Trish Marney, who has been working with some of the key accounts
in the city that would be affected by the implementation.
Responding to Mr. Anderson, Mr. Nowak stated that the owner of the apartment
complex would receive the bill and however they want to deal with the charge
would be up to them.
Responding to Mr. Anderson, Ms. Marney stated that they do not have an EFT
option available for the billing, however, they will be able to pay online through
the city’s website portal.
Responding to Mr. Anderson, Ms. Marney stated that the intention would be to
mail the bills quarterly, which would be done through the general billing process
through the Munis Tyler system. Ms. Marney also stated that it would not be on
the tax bill and that it would not be on the utility bill, it would be a separate
billing.
Responding to Mr. Anderson, Ms. Duca stated that the Stormwater Utility per
federal ruling cannot be applied to Dover Air Force Base.
Responding to Mr. Anderson, Ms. Marney stated that they could use the city
collection process and that they could explore the municipal docket as well.
Responding to Mr. Boggerty, Mr. Hugg stated that many other cities have
increased costs in other areas, but he does not feel that it would drive away
business by implementing the Stormwater Utility. Mr. Hugg stated that they may
see the charge up front but when they look at Harrington, they may see the same
charge down the line in a different capacity.
Responding to Mr. Lewis, Mr. Hugg stated that currently, the Stormwater Utility
is part of the General Fund Budget. Mr. Hugg continued to state that it makes up
about $4.5 million dollars, which must be paid out of current revenues, and
current operations. Mr. Hugg stated that if this was not implemented then there
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would have to be some kind of adjustment such as raising taxes, to cover the
deficit, including the Stormwater Utility.
Responding to Mr. Rocha, Mr. Nowak stated that the public can go on the City of
Dover website to the parcel and zoning map, type in their address and it will give
them their zoning information.
Mr. Neil moved to recommend acceptance of the staff recommendations on
the Stormwater Utility. The motion was seconded by Dr. Pillsbury and
carried with Mr. Anderson abstaining.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Utility Committee meeting,
hearing no objection the meeting adjourned at 7:28 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and
unanimously carried.
Sale and Disposition of Excess Real Property – 312 W. Loockerman Street
(David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of 312 W. Loockerman Street.
Staff recommended authorizing the sale by the City Manager.
Mr. Hugg noted that the Family Dollar may not renew their lease due to a lack of
foot traffic, and their facility being too small. Mr. Hugg stated that a realtor
contacted him regarding Family Dollar's interest in the property behind Family
Dollar. Mr. Hugg also stated that Tracy Palmer reached out to him regarding her
ministry being interested in the property. Mr. Hugg asked that the item be tabled
so that he could meet with Ms. Palmer and decide whether that property is
appropriate for her.
Mr. Rocha moved to recommend allowing Mr. Hugg to defer his
recommendation until he has a chance to meet with Ms. Palmer. The motion
was seconded by Mr. Neil and unanimously carried.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 14
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Proposed Ordinance #2024-06 – Amending Chapter 102 – Taxation, Article
VIII – Lodging Tax (David S. Hugg, III, City Manager, Councilman
Anderson, and Councilman Neil)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the proposed Ordinance #2024-06.
Staff recommended the acceptance of Ordinance #2024-06.
Mr. Neil stated that when the ordinance was originally proposed there was
pushback from the hotel and motel industry. Mr. Neil explained that it was
dedicated to infrastructure and that the infrastructure is used by visitors who are
using the infrastructure but not paying anything.
Responding to Mr. Lewis, Mr. Hugg stated that the ordinance affects anyone
subject to the state law, which is hotels, motels, and some rooming houses. Mr.
Hugg continued to state that if they wanted to add Airbnb, it would have to go
through the state legislative process to get that authority.
Mr. Neil moved to recommend acceptance of the staff recommendations for
approval of Ordinance #2024-06. The motion was seconded by Dr. Pillsbury
and carried with Mr. Lewis abstaining.
(City Clerk’s Office Note: This item was removed from the Consent Agenda and
will be reconsidered during the latter part of the meeting.)
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Consideration of DSU Offer – City Repurchase of Former City Library
(David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the consideration of the DSU offer for the City to repurchase the former
City Library.
Staff recommended rejecting the DSU offer and Council declining the purchase.
Responding to Mr. Boggerty, Mr. Hugg stated that the restriction was that if the
city were to repurchase, they would be required to pay the average of two market
appraisals, one obtained by the seller, and the second obtained by the city. Mr.
Hugg noted that it would cost more than a dollar to buy the building back.
Mr. Anderson stated that the state was going to buy the building and opted not to.
When the sale fell through the state highly recommended offering it to Wesley
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College. Mr. Anderson stated that the state provided extra bond bill money to help
with the city’s infrastructure.
Mr. Neil moved to recommend acceptance of the staff recommendation to
reject the purchase of the former city library. The motion was seconded by
Mr. Lewis and carried with Ms. Smith voting no.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 7:52 p.m.
Acting President Anderson moved for adjournment of the Council
Committee of the Whole meeting, hearing no objection the meeting
adjourned at 7:52 p.m.
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the
Whole Report, seconded by Mr. Rocha and carried by a unanimous roll call vote.
PROPOSED RESOLUTION NO. 2024-02 – DOVER PUBLIC LIBRARY ADVISORY
COMMISSION
By consent agenda, Mr. Sudler moved for adoption of Resolution No. 2024-02, seconded
by Mr. Rocha and carried by a unanimous roll call vote. Council Adopted the following
Resolution:
A RESOLUTION AMENDING THE RESOLUTION ADOPTED NOVVEMBER 13, 1989
FORMALLY ESTABLISHING THE DOVER PUBLIC LIBRARY ADVISORY
COMMISSION
WHEREAS, the City of Dover established the Dover Public Library Advisory Commission on
Nov. 13, 1989, in order to assist the City of Dover in the administration and supervision of its
public library facility and
WHEREAS, the Kent County Levy Court has established the Dover Library Tax District
comprised of the unincorporated portions of the Capitol School District for the support of the
Dover Public Library and
WHEREAS, a governing body must make an annual recommendation to the Kent County Levy
Court for the tax rate for this library tax district
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover
hereby update the Dover Library Advisory Commission. This commission shall:
1. Consist of five (5) members, serving staggered five (5) year terms, to be appointed by
the Mayor and confirmed by members of City Council. The Mayor shall appoint one
(1) member of Council to serve as a liaison non-voting member of the Commission,
with said appointment to be confirmed by City Council. The mayor shall appoint at
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least one (1) member who resides within the Dover Library Tax District but outside
the city limits of Dover.
2. Invite the Library Director, City Manager, President of the Friends of the Dover
Library, and President of the Dover Library Foundation to attend all meetings.
3. Reorganize each year at their July meeting to elect a President and Vice President,
with the Library Director to serve as Secretary.
4. Meet six (6) times per year to receive written and oral reports from the Library
Director on the activities of the library and provide the Library Director with advice
on policies prior to their implementation.
5. Recommend to Council all library grant requests, provide advice on library related
matters to the Mayor and Council, and act as advocates of the Library to the
community at large.
6. Provide an annual recommendation to the Kent County Levy Court for the library tax
rate to be assessed to residents in the Dover Library Tax District in the following
fiscal year and provide any required reporting to the Kent County Levy Court
regarding the library tax rate.
ADOPTED: February 26, 2024
ITEMS NOT ON THE CONSENT AGENDA
ITEM #12 –CONSIDERATION OF DSU OFFER – CITY REPURCHASE OF FORMER
CITY LIBRARY (DAVID S. HUGG, III, CITY MANAGER)
Responding to Mr. Sudler, Mr. Hugg explained that the original transaction involved the City of
Dover transferring the property to Wesley College, along with various other funding sources and
state support. He clarified that the property was transferred for a dollar and was restricted to
educational uses for 50 years; otherwise, it had to be offered back to the City of Dover based on
an appraisal. Mr. Hugg further elaborated that there is nothing in the deed or the agreement
preventing Wesley from choosing to hold onto the property for 50 years without penalty, as it is
tax-exempt. He emphasized that the only restriction was that Wesley could not sell the property
to anyone else without first offering the city the option to buy it back.
Responding to Mr. Sudler, Mr. Hugg noted that the agreement does not specifically address the
transfer of the institution from one entity to the next. He explained that the deed from Wesley
College to Delaware State University essentially transferred all assets of Wesley College to
DSU, along with all the restrictions, requirements, deeds, and limitations that applied. DSU
absorbed all the outstanding obligations and limitations associated with the property.
Mr. Anderson moved for approval of the Committee’s recommendation, seconded by Mr.
Sudler and carried by a unanimous roll call vote and unanimously carried.
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PROPOSED RESOLUTION NO. 2024-03 – APPLICATION FOR DRINKING WATER
MATCHING PLANNING GRANT
Mr. Jason Lyon, Water & Wastewater Director and Engineering Services briefed the members on
the proposed Resolution No, 2024-03 – Application for Drinking Water Matching Planning Grant.
Responding to Mr. Rocha, Mr. Lyon explained that the amount of $35,000, was budgeted in their
operational budget for this specific task. He described how the matching planning grant works: the
state reimburses 50% of the approved amount. For instance, if the bids come in at $35,000, the
state will reimburse $17,000. If the bids come in lower, the state will still reimburse 50% of the
actual cost. This information was included as an example in the committee action form.
Responding to Mr. Rocha, Mr. Lyon acknowledged that the bid amount could theoretically come
in higher. He explained that the maximum amount for the matching planning grant is $50,000. For
example, if the bids came in at $100,000, the state could provide $50,000. If the bids came in at
$102,000, the maximum grant amount would still be $50,000, and the organization would need to
cover the remaining cost. Mr. Lyon expressed confidence in the numbers they have.
Responding to Mr. Rocha, Mr. Lyon confirmed that a 50% match would keep them within budget
if the cost went up that high
Mr. Neil moved for the adoption of Resolution No. 2024-03. The motion was seconded by
Dr. Pillsbury, and by a unanimous roll call vote, Council Adopted the following Resolution:
A RESOLUTION PROPOSING APPLICATION FOR DRINKING WATER MATCHING
PLANNING GRANT
WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the
“Applicant,” has, after adequate consideration, of the various aspects of available data as it relates
to the water infrastructure, determined that improvements to the City of Dover water infrastructure
may be necessary; and
WHEREAS, the Applicant has determined that the expeditious completion of evaluating PFAS
treatment media is desirable and in the public interest, and to that end it is necessary that actions be
taken immediately; and
WHEREAS, the State of Delaware has authorized the making of grants to aid financing a Security
Plan and related services in connection therewith; and
WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and
the Applicant deems it to be in the public interest and to the public benefit to file an application for
a grant under these Guidelines, and to authorize other action in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover,
Delaware, the governing body of said Applicant, as follows:
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1. That the said Project is essential to and is in the best interest of the Applicant and
to the end that the said Project may be carried out as promptly as practical, it is
desirable that action hereto be undertaken immediately.
2. That David S. Hugg, City Manager, or his designated representative, be hereby
authorized to file on behalf of the Applicant, an application (in the format required
by the State of Delaware and in conformity with the request hereto) for a
matching grant to be made from the State of Delaware Drinking Water State
Revolving Fund (DWSRF) Non-Federal Administrative Account to the Applicant
to aid in defraying the cost of the Project described above.
3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of
the approved Project, over and above the amount of the State grant.
4. That the said David S. Hugg, City Manager, or his designated representative, is
hereby authorized to accept any State grant that may be offered, to furnish such
information and to take other action as may be necessary to enable the Applicant
to qualify for the grant; and
5. That the said David S. Hugg, City Manager, or his representative designated as
the Authorized Representative of the Applicant for the purpose of furnishing to
the State of Delaware such information, data, and documents pertaining to the
application for the grant as may be required; and otherwise to act as the
authorized representative of the Applicant in connection to the application and in
connection with any requirements of the State Grant which may be made.
6. That certified copies of this Resolution be included as part of the Application to
be submitted to the State of Delaware.
ADOPTED: February 26, 2024
ORDINANCE/FIRST READING - PROPOSED ORDINANCE #2024-06 - AMENDING
CHAPTER 102 – TAXATION, ARTICLE VIII – LODGING TAX (DAVID S. HUGG, III,
CITY MANAGER, COUNCILMAN ANDERSON, AND COUNCILMAN NEIL)
Council President Hare reminded the public that copies of the proposed ordinances were
available on the City's website at www.cityofdover.com under "Government," or by contacting
the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Council President Hare further
stated that the Final Action by City Council will take place during the Second Reading on March
11, 2024.
Mr. Hugg, City Manager, Councilman Anderson, and Councilman Neil briefed the members on
the proposed ordinance #2024-06 – Amending Chapter 102 – Taxation, Article VIII – Lodging
Tax.
Responding to Mr. Lewis, Ms. Marney stated that under the state regulations, it would not
classify for bed and breakfasts, it would only be for hotels.
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Responding to Mr. Lewis, Mr. Hugg explained that the city could send the responsible parties a
bill, remind them of the bill, and even send them a reminder of the reminder, but there are
limitations to what can be done beyond that. He clarified that, to his understanding, once the bill
is issued, it becomes an obligation to the city regardless of whether the city can collect it.
Mr. Hugg highlighted the challenge of dealing with individuals who simply ignore the bill. He
mentioned that processing collections through the state has its advantages, as failure to pay the
state requirement becomes a violation that can be enforced by law. This arrangement effectively
turns the state into the collection agency on behalf of the city.
Responding to Mr. Sudler, Ms. Marney stated that she may need to follow up with that since they
are basing this off a discussion that they have with the Division of Revenue for the State of
Delaware, which does not consider Bed and Breakfast establishments as part of the lodging tax
ordinance. She acknowledged that this raises a good question for definition purposes, and she
committed to following up on it.
Responding to Mr. Rocha, Mr. Hugg stated that he would go and pull the Delaware Code to be
sure that the language and the language of the ordinance, except what is in blue, is the state law,
essentially repeated verbatim. Mr. Hugg also mentioned that although he had seen the notation,
the body of the ordinance refers to hotels and motels interchangeably. He explained that in
conversations with the Division of Revenue, it was clear that Bed and Breakfast establishments
are not included in this category. A tourist home is probably more like the Addy Sea in Bethany
Beach, which has a traditional sort of old style that they might have called a hotel half a century
ago. There is a legal definition of hotel and motel and then kind of just outside that. Mr. Hugg
offered to verify the information, stating that it can be found in Chapter 61.
Ms. Marney explained that the public accommodations taxes for Chapter 61, lodging tax, define
a hotel as any person engaged in a business operation in a place where the public may, for
consideration, obtain sleeping accommodations and meals, which must have at least six
permanent bedrooms. This classification means that Bed and Breakfast establishments typically
have fewer than six bedrooms. To address the question about a tourist home, Ms. Marney
clarified that the definition includes any person who operates a place where a tourist or transient,
and she paraphrased, does not have access to a kitchen facility.
Arielle Rivera, Assistant City Clerk stated that Mr. Cliff Weber, the General Manager for the
Hilton Garden Inn asked two questions via WebEx. He asked can there be no manner in which to
penalize a business for failure to remit the tax and from what he read in the ordinance 219-16 C
the tourism tax can only be used for infrastructure, is this correct?
Responding to Mr. Weber, Mr. Hugg confirmed that he was correct. In the city’s ordinance, they
designate one-half of the revenue from the tourism tax for infrastructure. However, they do not
specify how the other half can be used. The revenue is considered general fund revenue for the
city, but the first 1.5% must be allocated for infrastructure, as required by state law.
Responding to Mr. Sudler, Mr. Hugg clarified that the amendments to the ordinance do not
specify what the other half of the revenue from the tourism tax can be used for. He explained that
they have acknowledged that the current ordinance mandates the use of half the revenue for
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CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 20
infrastructure. Mr. Hugg further explained that they have decided that half of the revenue must
be used for infrastructure, but they have not specified the use of the other half. He stated that
during budget planning, the revenue from the tourism tax is considered, and it will be up to the
council to decide how the remaining half, which is approximately half a million dollars, should
be allocated.
Responding to Mr. Sudler, Mr. Neil explained that the state money for tourism is divided among
the three (3) counties, and it is strictly for tourism purposes. Infrastructure is not included in the
law. He mentioned that the largest proportion of the state money goes to New Castle County, a
significant portion goes to Sussex County, and the smallest portion goes to Kent County for the
operation of the Dover Kent County tourism program. Mr. Neil emphasized that the state funding
is solely for bringing people to the area to spend money and support local businesses, hotels, and
restaurants, rather than for infrastructure development.
Mr. Hugg explained that according to state law, 5% of the funds from tourism taxes can be
allocated to the state general fund. Additionally, 1% goes to the Beach Preservation program, 1%
is designated for the visitors' bureaus, and 1% is allocated to the state tourism office. Mr. Hugg
noted that these funds can be used for various purposes at the state level.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading
of the proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2024-06 – AMENDING CHAPTER 102 – TAXATION,
ARTICLE VIII – LODGING TAX (DAVID S. HUGG, III, CITY MANAGER,
COUNCILMAN ANDERSON, AND COUNCILMAN NEIL
ORDINANCE/FINAL READING – PROPOSED ORDINANCE #2024-05 –
AMENDING CHAPTER 106 – TRAFFIC AND VEHICLES, SECTION 106-17
TRUCK ROUTES (JASON LYON, WATER/WASTEWATER DIRECTOR)
The First Reading of the Proposed Ordinance #2024-05 was accomplished during the Council
Meeting of February 12, 2024. The ordinance is available at the entrance of the Council
Chambers and on the City’s website at www.cityofdover.com under “Government.”
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the proposed
ordinance was accomplished during the Council Meeting of February 12, 2024.)
By motion of Mr. Anderson, seconded by Mr. Neil, Council, by a roll call vote, adopted
Ordinance #2024-05, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 106 – TRAFFIC AND VEHICLES, Article I – IN GENERAL, be amended to read
as follows:
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Section 106-17 – Truck routes.
(a) Except as hereinafter provided, no commercial vehicle having three or more axles shall be
operated on any street in the city except on a “truck route”.
(b) The following roads are designated as “truck routes” within the city:
(1) U.S. Route 13;
(2) Bay Road;
(3) Saulsbury Road;
(4) Dover-Kenton Road;
(5) Persimmon Tree Lane;
(6) Delaware Route 1;
(7) Scarborough Road;
(8) McKee Road;
(9) South Little Creek Road;
(10) Leipsic Road;
(11) Denny’s Road
(12) Delaware Route 8;
(13) North Street (from Mifflin Road to Saulsbury Road);
(14) POW/MIA Parkway;
(15) White Oak Road.;
(16) Hazlettville Road;
(c) This section shall not apply to any commercial vehicles with three or more axles:
(1) Making a local delivery to or a pickup from a place in the city incapable of being directly
accessed from a designated “truck route”. The driver must have available proof of
intended place of delivery or pickup and:
a. If entering the city limits, the driver shall use the most direct practical route from
a designated truck route to and from the delivery or pickup, and
b. If originating from within the city limits, the driver shall use the most direct
practical route to and from the place of delivery or pickup within the city
and/or the most direct practical route to a designated “truck route” if going
outside the city limits.
(2) Owned by or leased to the city or any volunteer fire company or emergency response
organization when engaged in official business, including, by way of example, those
vehicles of any fire department or any police department or agency, or to any town or
state public works department or agency.
(3) Owned by, leased to, or operated by any public utility company (or its subcontractor)
while engaged in public utility operations.
(4) Garbage and solid waste haulers in the course of their business operations.
(5) Operated on any city street officially designated as a detour route where such vehicle
could otherwise be lawfully operated upon the street for which such detour is
established.
ADOPTED: February 26, 2024
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg stated that he hoped everyone got a copy of the press release from the Delaware
Prosperity Partnership. Mr. Hugg further stated that it announced that Dover, Delaware is the
selected location for a company known as FFI Ionics. Mr. Hugg explained that it brings to Dover
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CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 22
a hydrogen-based economy facility, which is heavy into R and D and posed to take advantage of
the recent announcement of the hydrogen energy technology and research. This is a significant
win, and he does not want to underestimate anybody. The Prosperity Partnership and the Kent
Economic Partnership in the city have been chasing this company for a couple of years. They are
being heavily recruited by people out of state, but also being heavily recruited by the city’s
friends to the north, who had hoped that they would locate them at the University of Delaware
Star Campus. Mr. Hugg stated that he believes that this is a 57,000-square-foot facility next to
the Dover Air Force Base, which about half is Class A high-quality laboratory space. FFI Ionics
are the leading producers of hydrogen membranes. Mr. Hugg further stated that this is an
important thing going forward.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen stated that in conjunction with the Capital School District, there will be a
call-to-action meeting held on the 29th of February at 6:00 PM at the District Office, 198
Commerce Way. This is regarding a strategic plan for joining the community, the IMA Central
Delaware Interfaith Alliance, to address issues that are occurring in the schools. This is an
important meeting for everyone who has taken an interest in the community, in the schools, and
in the students who attend those schools now and who will attend in the future. If residents are
unable to attend, please send someone. Dr. Cade is reaching out to the community to assist her,
the schoolteachers, and the school administration, in addressing the issues that are going on in
their schools. Mayor Christiansen mentioned that on the 16th of March, Councilman Anderson
will be painting a green stripe down the middle of Loockerman Street before the 1:00 PM St.
Patrick’s Day parade. Also on the 16th of March, The Downtown Destination Group, DDD will
be holding a bar crawl from 2:00 PM to 6:00 PM in honor of St. Patrick’s Day.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty stated that there are a lot of good things that are going on with the Capital School
District. Mr. Boggerty wanted to congratulate the Dover High Boys and Girls Basketball teams.
Mr. Boggerty mentioned that he believes that this is the first time that both have won the
Henlopen Conference together. Mr. Boggerty stated that Polytech, being a small school, placed
13th out of 35 schools to include private schools in swimming, which is a great feat for a small
school like Polytech. He congratulated the youth, who are doing positive things.
Mr. Rocha mentioned that the Unsheltered Working Group will be convening this Thursday, at
6:00 PM at the Dover Library and that the First District/West Dover town hall meeting will be on
March 7th at 6:30 PM at Fire Station Two.
Mr. Anderson mentioned that community members who are interested in putting in an
application for another Dover Healthcare Blitz, which was the IRT program will be on March 4th,
at 5:30 PM. The application session will take place in the City Hall Conference room. He noted
that several community members have expressed interest in joining and helping with the
initiative, and he is more than willing to assist them. Mr. Anderson also shared the impact of the
previous Dover Healthcare Blitz, highlighting that it provided $1.8 million in services. Nearly
2,000 people received eyeglasses, 18,000 medical procedures were conducted, and several dental
procedures were performed—all at no cost to residents. He emphasized that this initiative has
helped prepare readiness for the National Guard Reserve by providing real-world experience in
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CITY COUNCIL MEETING OF FEBRUARY 26, 2024 PAGE 23
their training, which is invaluable for national security.
Council President Hare mentioned that Dr. Pillsbury's birthday is on February 28th and wished
her a happy birthday.
The meeting adjourned at 8:17 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of February 26, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Item #6.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on February 27, 2024, at 6:00 p.m. with Council
President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr.
Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was
absent. Civilian members present for their Committee meetings were Ms. Smack (Safety, Advisory,
and Transportation), Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Dr.
Jackson-Short (Safety, Advisory, and Transportation), and Ms. Smith (Legislative, Finance and
Administration) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously
carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding.
Adoption of Agenda
Mr. Lewis requested to remove Item #2 – Citizen Concern over Safety Issues in Towne Point, as
the citizen who initiated the item being put on the agenda chose to not speak publicly.
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Rocha and
unanimously carried.
Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO)
Projects (Marilyn Smith, Executive Director of the Dover/Kent County MPO)
Ms. Marilyn Smith, Executive Director of the Dover/Kent County Metropolitan Planning
Organization (MPO), provided a quarterly briefing on Dover/Kent County MPO Projects.
Committee Action Not Required.
Responding to Mr. Sudler, Ms. Smith stated they have applied for a Rail Corridor Identification
Grant in partnership with DelDOT, DART, WILMAPCO, and Salisbury/Wicomico MPO. Ms.
Smith stated that they received a $500,000 grant to do the study however, since there is no
identified passenger corridor operating right now, one (1) must be identified. Ms. Smith explained
that because DART was the applicant, they had to sign the agreement with the Federal Highway
Administration.
Responding to Mr. Sudler, Ms. Smith stated that the study should take 12 to 16 months to complete,
once the federal contracts are in place. Ms. Smith explained that would put them at a year to a year
and a half before they have a finalized study with recommendations.
Responding to Mr. Boggerty, Ms. Smith stated that in the Downtown Dover Pathways study, they
are focusing on bike, pedestrian, and micro-mobility. Ms. Smith noted that micro-mobility
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 2
Item #6.
includes electronic scooters. Ms. Smith explained that there will be a chapter that talks about
micro-mobility including ebikes as well, and then shows how they could be implemented.
Responding to Mr. Rocha, Ms. Smith stated that she is not sure what kind of funding is available
for elevating the railroad tracks but if that is something that the city would like to pursue, then
there would need to be a conversation with the Federal Railroad Administration.
Responding to Mr. Rocha, Ms. Smith stated that the Bay Road Path & Walking Trail Connections
study went from Chesapeake Utilities, onto Bay Road, down Bay Road, and then provided a safe
crossing over to DelDOT.
Responding to Mr. Rocha, Ms. Smith stated that if there is a specific section of trail that he has
concerns with, they would have to find out who the trail sponsor is. Ms. Smith explained that the
sponsors can be DNREC, DelDOT, the county, or a municipality. Ms. Smith also stated that when
they recommend new trails or new connections, they include lighting as a part of the development
to make sure the trail is safe.
Responding to Mr. Anderson, Ms. Smith stated that in the meantime to help aid the need for truck
parking, DelDOT created a flyer that provides some preferred truck parking areas. They are trying
to get the word out to truck drivers that parking exists, and some are in Dover and Kent County.
Ms. Smith explained that DelDOT has re-striped some truck parking spaces at the DMV and a
couple of park-and-ride locations. Ms. Smith stated that their GIS mapper is working on pulling
parcels that are owned by private landowners and could potentially be designated as temporary
truck parking spaces. Ms. Smith explained that there is an RFP out to make significant upgrades
to the Smyrna rest area so that it can accommodate more truck parking.
Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee
meeting, hearing no objection the meeting adjourned at 6:39 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Discussion – Establishing a Conduit Bond Program (Emilie Ninan, Partner at Ballad Spahr)
Ms. Emilie Ninan, Partner at Ballad Spahr, reviewed the presentation entitled, Using Conduit Tax-
Exempt Bonds to Finance Capital Projects.
Committee recommended referring to staff for the next steps.
Responding to Mr. Neil, Ms. Ninan stated that the bank is lending the money based on their credit.
The city would not have any responsibility as a conduit issuer to repay the debt because the city is
not giving them any of their credit for them to obtain the lower rate. Ms. Ninan explained that the
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 3
Item #6.
only thing to be concerned about as the issuer is the reputational risk and whether the city wants
to be associated with that borrower.
Responding to Mr. Sudler, Ms. Ninan stated that in some counties, the whole council is the
approver. Ms. Ninan explained that if the President is selected by the members, then they are not
considered elected as President, so the whole council would be the approver.
Responding to Mr. Rocha, Ms. Ninan stated that they would ask for a commitment letter indicating
that there is interest in the market for the requested type of bonds. Ms. Ninan explained that council
would not want to spend their time considering an application for someone with wishful thinking.
Instead, council would want them to have a real project that can pass the credit scrutiny.
Mr. Neil moved to refer to staff for further development and consideration. The motion was
seconded by Mr. Sudler and unanimously carried.
Update from the General Employee Pension Plan and Committee Report (Bob Gedney,
General Employee Pension Chair, and Christina Kober, City of Dover Retiree)
Mr. Bob Gedney, General Employee Pension Chair, and Christina Kober, City of Dover Retiree
and General Employee Pension Board member reviewed an update from the General Employee
Pension Plan.
Committee Action Not Required.
Mr. Sudler expressed gratitude to the retirees for their dedication. Mr. Sudler explained that council
is committed to showing that they value all employees, past and present.
Mr. Anderson mentioned that there will be legislation on a future agenda to address the concerns
of pensioners. Mr. Anderson stated that the actuary numbers should be in for the workshop, and
that they will be available for the committee meeting in March.
Responding to Mr. Boggerty, Ms. Kober stated that the link he provided did not have any
assistance information available for her to pass on, but she appreciated the help.
Ms. Arndt expressed concern with the 25.5% cost of living adjustment and explained that she
would need to see all the data before making any decisions.
Dr. Pillsbury stated that 25% is what they did not receive over the past seven or eight years. Dr.
Pillsbury explained that they have taken the percentages each year and added them up to come up
with 25%.
Mr. Anderson mentioned that the city's actuary, with whom they contract, has reviewed the
numbers and arrived at a figure close to what is being requested. He emphasized that the requested
amount is not unreasonable. He also explained that once the numbers are back for the workshop
meeting, they will review several proposals from staff before committing to anything they cannot
fulfill.
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 4
Item #6.
Responding to Mr. Rocha, Mr. Anderson stated that regarding the pension COLA and the proposed
retitling and regrading one will not take away from the other. Mr. Anderson stated that council is
not breaking the budget to make the changes for this year.
Responding to Ms. Kober, Mr. Anderson stated that he has not been provided with the report but
anticipates that they will be talking about it on Friday at the workshop.
Responding to Mr. Gedney, Mr. Anderson stated that council will have the report by March 1st.
Proposed Ordinance #2024-02 – Amending Chapter 106 – Traffic and Vehicles, Sec. 106-136
– On-street disabled parking (Councilman Neil and Councilwoman Arndt)
Mr. Neil reviewed the background and proposed changes to the proposed Ordinance #2024-02.
Staff recommended approval of Ordinance #2024-02.
Mr. Neil moved to include the staff amendments. The motion was seconded by Mr. Shevock
and unanimously carried.
Responding to Mr. Lewis, Mr. Hugg stated that the City Clerk’s Office has researched and made
the proposed changes. He did not want to have more than one person calling to try to get different
answers. Mr. Hugg explained that he has the contact information for the Council on Disabilities of
the State, which is a State ADA Administrator. However, he has not taken any further steps
knowing that Mr. Neil, Ms. Arndt, and the Clerk’s Office were doing the research.
Responding to Mr. Anderson, Mr. Neil clarified that the changes to the city's code were intended
to add extra information, emphasizing that anyone requesting a parking spot would be granted one
if the Department of Motor Vehicles (DMV) approved. He noted that the ordinance detailed
existing city code requirements, responsibilities regarding curb cuts, and other provisions aligning
with the Americans with Disabilities Act (ADA). Mr. Neil, who has 20 years of experience in
vocational rehab, reassured that the changes were not meant to harm the individuals he had
previously assisted.
Responding to Mr. Lewis, Mr. Hugg stated that the city does not have an ADA Coordinator in the
sense that Mr. Lewis asked. Mr. Hugg explained that the city has an individual who is responsible
for ensuring that anything the city does by way of contracting or construction, including streets
and curb cuts, meets ADA standards. Mr. Hugg stated that it is not their responsibility to determine
if someone is eligible for a placard. Mr. Hugg explained that the Public Works Department is the
entity that issues the handicapped spaces, and they do that following the ADA requirements of
depth and width.
Responding to Mr. Lewis, Mr. Hugg stated that if an individual walks into the Public Works
Department with a DMV certificate along with the various forms stating that they meet the
requirements, Public Works will go out and paint the space.
Responding to Mr. Lewis, Mr. Neil clarified that if a resident has a driveway, they do not need two
placards. However, if they have a driveway and one parking spot, they would need two placards.
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Item #6.
If they do not have access to a driveway but have two placards, they would have two parking spots.
He explained that the changes primarily focus on driveway access, specifying responsibilities for
ensuring ADA compatibility.
Andria Bennett, City Clerk stated that the staff amendment was added at the request of Mark
Nowak, Public Work’s Director because a lot of times when there is a disabled spot in front of
someone's home, they think that they own that spot. Ms. Bennett clarified that even if someone
has requested a parking space and it is in front of their home, they do not own the space. Anyone
with a placard indicating a need for accessible parking may rightfully park in that space.
Mr. Boggerty expressed his concerns with not being able to assign a requested parking spot in a
non-residential area to the disabled person who requested the space. Mr. Boggerty stated that 30
years ago, the slope of the driveway may not have been an issue. Now it is for someone using a
walker or wheelchair and they should be able to have rights to the spot that they requested. Mr.
Boggerty emphasized that it's not a matter of whether an altercation will occur, but rather when it
will happen.
Mr. Sudler agreed with Mr. Boggerty and Mr. Lewis and stated he feels that there is a need for a
more expert viewpoint and opinion on the matter. Mr. Sudler questioned how many complaints
were received and were the complaints made in writing.
Responding to Mr. Sudler, Mr. Neil stated that there are a series of emails that have transpired
with the person making the complaint. Mr. Neil explained that Ms. Arndt and Mr. Boggerty were
able to review the emails and Mr. Boggerty also met with the person.
Responding to Mr. Rocha, Mr. Neil stated that if they have a driveway, one (1) person can still
have the parking spot, and two (2) placards are needed. Mr. Neil explained that two (2) people
need two (2) parking spots, and one (1) person needs one (1) parking spot. Mr. Neil stated that if
they have a placard and the placard runs out then the parking spot will disappear.
Responding to Mr. Rocha, Mr. Neil stated that when the placard expires the spot should disappear
unless they renew the placard.
Sharon Duca, Assistant City Manager stated that the program in the Public Works Department has
been around for some time. Ms. Duca explained that typically a resident would call in requesting
a spot to be designated on their road. Ms. Duca stated that the residents would be asked to come
in to show their identification, and the placard, and give their address. Ms. Duca explained that the
Streets Supervisor or another member of the Streets Division would then go out to the site and
evaluate if a spot could be placed there. Ms. Duca stated that the resident would then be contacted
with the verdict if the spot would fit, and the city would paint the spot. Ms. Duca explained that
the Public Works Department has started tracking the spots through the GIS system so that they
have a list of all the spots because they must be repainted on a certain frequency. Also, so that they
can check expired tags, in which case they would contact the resident for an updated record.
Responding to Dr. Pillsbury, Ms. Duca stated that if they both want to have a greater probability
of getting a spot, then they both should request a spot.
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 6
Item #6.
Responding to Mr. Lewis, Ms. Duca stated that because there have been other people who have
requested designated spots not related to this, council would have to move to allow into code to
have individually designated spots.
Responding to Mr. Lewis, Ms. Duca stated that the way the code is written, they would have the
one (1) in the driveway and then the one (1) on the street.
Responding to Mr. Lewis, Ms. Duca stated that even though it is not addressed in the code, if the
city were to evaluate a personal driveway, they would have to look for an ADA-accessible route
from each parking spot. Therefore, to get from their parking spot, they would still need to use their
driveway to get to the front door or sidewalk, which may or may not follow the slope requirements.
Responding to Mr. Sudler, Ms. Duca stated that Public Works does not enforce who is parking in
the space but if someone has a placard, then they are allowed to park there.
Responding to Mr. Sudler, Ms. Duca stated that none of the spots are designated solely for anyone
in particular.
Ms. Arndt stated that the reason the text was added in green at the end was that it stated that
disabled parking spaces on public streets and parking lots are for public use for validated placarded
vehicles, not for personal or private use. Ms. Arndt explained that if there is a handicapped space
and they hold a handicapped placard, they can park there regardless of whether they were the ones
who sought to have the space put there. Ms. Arndt stated that the intent was to preserve the
opportunities, in that folks who have an accessible option on their property that they could use,
that they would then not need to use the public space on the public street that someone else might
need for public space handicapped parking. Ms. Arndt stated that they would then use their
property, their driveway, or their parking pad and that would constitute their opportunity to have
an ADA-compliant place to park and to preserve additional space on the street. Ms. Arndt
explained that the proposed changes are for those who have space where they could park on their
property, but still choose to get a handicapped placard and a space on the street in front of their
home. Which in turn, will then take away space that others could use. Ms. Arndt stated that the
proposed changes are just trying to encourage people to park on their property and not on the street.
William Faust, 136 Orchard Avenue, Dover, expressed his concerns with the enforcement of the
abuse related to the use of handicapped placards.
Ron Krause stated that the appropriate term and the term used in state legislation is accessible
parking space, not disabled or handicapped. Mr. Krause also stated that the Mid-Atlantic ADA
would be a great resource.
Arielle Rivera, Assistant City Clerk, read into the record the opposition letter from Mr. Richard
Senato (Attachment #1).
Mr. Neil moved to recommend approval of the staff recommendations. The motion was seconded
by Ms. Arndt.
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 7
Item #6.
Mr. Rocha stated that the terms handicapped and disabled are outdated and that he believes based
on the recommendation that they should be changed to accessible.
Mr. Rocha moved to make an amendment to update the ordinance recommendation to remove the
terms handicapped and disabled and replace them with accessible or the term that is the preference
of what the ADA recommends.
Mr. Neil and Ms. Arndt stated that they are amendable to the changes.
Ms. Bennett stated that the original email from Mr. Neil included emails from constituents as well
as information from different municipalities that were suggested. One (1) of the suggested
ordinance changes was too stringent and one (1) was not stringent enough. Ms. Bennett explained
that the email suggested that there was a situation going on in one (1) of the communities and it
concerned more than one (1) person.
Mr. Neil moved to recommend approval of the staff recommendations with the requested
changes. The motion was seconded by Ms. Arndt and carried by a roll call vote of seven (7)
yes (Boggerty, Neil, Rocha, Arndt, Anderson, Hare, and Shevock), three (3) no (Pillsbury,
Sudler, and Lewis), and one (1) absent (Smith).
Procedure for the City Manager When Meeting with Legislators (Councilman Rocha)
Mr. Rocha reviewed the background for the proposed procedure for the City Manager when
meeting with legislators.
Staff recommended adoption of the procedure.
Responding to Mr. Anderson, Mr. Rocha explained that the procedure is for formal meetings to
ensure that everyone is on the same page. He emphasized that if a council member has heard the
information during meetings and understands the direction, they will not be blindsided by the
information.
Responding to Mr. Boggerty, Mr. Rocha stated that the policy would not apply to a meeting on the
street, it would be for official meetings between the City Manager and Legislators.
Mr. Boggerty expressed concerns about limiting the number of council members present to not
have a potential quorum and what constitutes a formal meeting.
Mr. Sudler stated that he feels Mr. Rocha intended to create a policy that is as simple as council
receiving an informal notice such as an email or memorandum, stating that he will be meeting with
a Legislator, and they will be discussing whatever the topic may be. Mr. Sudler stated that if
council knows that the City Manager is scheduled to meet with Legislators, council can then follow
up on how the meeting went and what his thoughts are. Mr. Sudler explained that based on their
form of government, this policy would help make council aware that the City Manager is meeting
with Legislators about these specific topics so that council is aware when they are approached by
legislators.
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 8
Item #6.
Mr. Hugg expressed appreciation for the improved communication with council. He shared an
experience where he was approached by a legislator on a topic that blindsided him, highlighting
the challenge of staying informed. Mr. Hugg, who has been in local government for a long time,
mentioned that he sometimes runs into legislators during lunch and has conversations that he may
not be able to relay to the council ahead of time.
Responding to Mr. Hugg, Mr. Rocha clarified that the policy was not intended to suggest Mr. Hugg
was not doing a good job. He explained that the policy was unrelated to chance encounters with
legislators but rather focused on ensuring that if Mr. Hugg were to convene a meeting with the
Governor's Aides and legislators, someone from the council should be aware or invited. Mr. Rocha
expressed willingness to adjust the language of the policy as needed.
Ms. Arndt emphasized that council sets the vision and goals, and Mr. Hugg's work is crucial in
realizing those objectives. She suggested that it might be beneficial for the council to receive a
synopsis after the meetings to help them feel more informed. She mentioned a previous City
Manager who sent out weekly review emails summarizing meetings and discussions, which she
found helpful in staying informed and connected with the city's progress.
Mr. Hugg stated that he has made sure that council will be included in the League of Local
Government emails. Mr. Hugg also stated that he will make sure to summarize weekly what he
has been involved in.
Mr. Hare interpreted the proposed policy as allowing the Council President to request a specific
council person to attend a meeting where the City Manager plans to be present and where that
council person may have relevant experience.
Mr. Neil expressed concerns about micromanaging the City Manager. Mr. Neil stated that if more
communication is what council wants then council can simply ask that the City Manager
communicate more with a verbal request.
Dr. Pillsbury suggested that council provide Mr. Hugg with a list of their expertise. Dr. Pillsbury
stated that it is not appropriate for meetings to be scheduled and council to be excluded. Dr.
Pillsbury stated that the council members all have a different expertise and could be of value to
Mr. Hugg and the Mayor in doing their job effectively.
Mr. Sudler emphasized that the council is seeking increased transparency and engagement with
the City Manager. He stated that the council is engaged, educated, and wants to be involved in the
decision-making process. While acknowledging that the City Manager is the boss of the
department heads, Mr. Sudler stressed that the council wants to be actively involved and engaged
in city affairs.
Mr. Neil moved to recommend tabling the policy to rework the language. The motion was
seconded by Dr. Pillsbury and carried with Mr. Rocha voting no.
Responding to Mr. Sudler, Mr. Anderson stated that the author and the City Manager could work
out the wording because the only issue was with the last sentence.
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 9
Item #6.
Mr. Rocha stated he would work with Mr. Hugg to make the changes and bring it back on the
future agenda.
Consideration of Re-titling and Re-grading Positions (David S. Hugg, III, City Manager)
David S. Hugg, III, City Manager reviewed the background and analysis of the re-titling and re-
grading of the Accounts Payable Clerk and the Administrative Assistant to the Mayor.
Staff recommended approval of the re-titling and re-grading of the positions.
Responding to Mr. Sudler, Mr. Hugg stated that support for the Mayor and Kay Sass is being
covered by Yvonne or himself. Mr. Hugg stated that handicaps the City Manager's office and they
have asked Kay to do more of the clerical functions that the Mayor’s Office would handle.
Mr. Sudler stated that when the wage study was done, it was stated that they were doing duties
outside of the scope of their job description, so they were compensated for those duties. Mr. Sudler
explained that his concern is that once those duties are relieved from them, will they still be making
that amount of money, the same amount that they were making while doing those duties?
Responding to Mr. Sudler, Mr. Hugg stated that the Administrative Assistant to the Mayor’s job
description was a team effort between Kay, Yvonne, and Naomi because they did not have a good
job description.
Responding to Mr. Sudler, Ms. Patricia Marney, Interim Controller/Treasurer stated that the
Accounts Payable position was reviewed by looking at the current Account Clerk job description,
job descriptions for other municipalities, and looking at the job duties from the knowledge of those
who have performed the job. Ms. Marney stated that the rest of the document was created by the
Human Resources Department to the best of her knowledge.
Responding to Mr. Sudler, Ms. Marney stated that the Account Clerk II position will be replaced
with the Accounts Payable Clerk, which has a higher education requirement. Ms. Marney
explained that they reviewed the education requirements of Middletown, Milford, and Smyrna and
that their educational component is the same as what was presented. Ms. Marney stated that the
salary scale has already been worked into the current fiscal year budget. Ms. Marney explained
that the individual who currently holds the Accounts Payable position is planning to retire in
December and it is imperative that she be able to replace her.
Responding to Mr. Rocha, Mr. Hugg explained that the hiring process for the Mayor's position is
similar to that of any other position in the city. Mr. Hugg stated that the position will be posted,
there will be a selection committee that involves Human Resources and someone in a similar
position elsewhere in the city, and then there is usually a second and third person. After the job is
posted, Human Resources will determine qualified candidates, an interview panel will be
convened, and the Mayor will have the final hiring authority among the qualified candidates.
Responding to Mr. Rocha, Mr. Hugg stated that both Human Resources and the Department Heads
are involved in creating the job descriptions. Mr. Hugg stated that Human Resources drafts an
outline and will loop in the Department Head or Hiring Manager to identify and confirm what the
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 10
Item #6.
responsibilities are, and then in most cases, they are passed on to him or the Assistant City
Manager. Mr. Hugg explained that some of the education issues have come up over the years as
the Human Resources world has evolved. Mr. Hugg stated that in the State, they are getting away
from degree requirements and allowing agencies to look at experience and other skills.
Responding to Mr. Rocha, Mr. Hugg stated that the Mayor’s position is a budgeted position but
not at the presented level. The Mayor’s position is budgeted as an administrative assistant
currently.
Ms. Bennett reviewed the background and analysis of the Administrative Assistant to the City
Clerk/City Council.
Responding to Mr. Rocha, Mr. Hugg stated that the wage study that they are referring to is the one
that Sharon took the lead on and got everyone moved into a more reasonable structure. Mr. Hugg
explained that at the end of the wage study, they looked at various jobs that do not exist in other
jurisdictions like the Executive Assistant to the City Manager, and people were doing those duties
but not under that kind of title. Mr. Hugg stated that they did not make any adjustments to the City
Clerk’s Office because they had not had any discussions about the evolution of the office. Mr.
Hugg noted that the functional category of Executive Assistant exists across various departments
under different titles. However, only the Executive Assistant in the City Manager's Office has been
implemented so far, and this was done in the budget when the wage study was adopted.
Responding to Mr. Rocha, Mr. Hugg stated that there were significant problems with the Segal
study from both the credibility and the accuracy. Mr. Hugg explained that the study did not give a
full-scale look at the city employees, so it did not have much influence on the assessments that
they did. Mr. Hugg stated that if the assessments they did said someone should be a pay grade 120
that is the scale they assigned. Mr. Hugg explained that was based on several factors, including
the required skill set, job specifications, and how the position compared to similar roles in other
jurisdictions that were considered during the review process.
Responding to Mr. Rocha, Mr. Hugg stated that they started by comparing salary by salary and
that is when the city came out 30% under the market. Mr. Hugg explained that then they made the
adjustment based on the job specifications because of the difference in name compared to other
municipalities.
Mr. Hare moved to accept staff recommendations and approve the retitling and regrading
of the positions. The motion was seconded by Mr. Anderson.
Responding to Mr. Neil, Ms. Bennett stated that the Mayor's position would be changed from
Administrative Assistant to Executive Assistant, then in the City Clerk’s office, the Administrative
Assistant would be retitled and regraded to an Executive Assistant. Then with that process, the
other three positions in the office have to be regarded because of the hierarchy.
Responding to Mr. Lewis, Mr. Hugg stated that there is minimal impact on the budget for the
Accounts Payable Clerk because there is not much difference in the pay scales. Mr. Hugg
explained that there is sufficient money to pay for the positions as they are. Mr. Hugg stated that
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 11
Item #6.
in approving the reclassifications there needs to be a second motion as to when they become
effective so that it is clear if there will be a financial impact now or in next year's budget.
Ms. Bennett stated that the City Clerk’s Office has salary savings from when the office had a
vacant position.
Responding to Mr. Sudler, Mr. Hugg stated that the Accounts Payable Clerk is critical to the
reorganization of the Finance Department.
Mr. Sudler moved to divide the question.
Council moved to approve the Accounts Payable Clerk position. The motion was
unanimously carried.
Mr. Neil moved to approve retitling the Administrative Assistant to the Mayor to Executive
Assistant. The motion was seconded by Mr. Hare and carried with Mr. Lewis voting no.
Council moved to approve the retitling and regrading of the Administrative Assistant to the
City Clerk to Executive Assistant along with the other items in the memorandum. The
motion was unanimously carried.
Mr. Sudler moved to recommend accepting the City Manager's recommendation to have the
Accounts Payable Clerk position effective immediately. The motion was seconded by Mr.
Boggerty and unanimously carried.
Mr. Boggerty moved to recommend the change of the Administrative Assistant to the mayor
effective as of one (1) July. The motion was seconded by Ms. Arndt and carried with Mr.
Lewis voting no.
Responding to Mr. Rocha, Mr. Anderson stated that if they decided to hire someone for the Mayor's
position, that person would know that the position is going to be bumped up one (1) July.
Mr. Boggerty moved to recommend that the Administrative Assistant to the City
Clerk/Council and all of the positions included in the submission as recorded be effective one
(1) July. The motion was seconded by Mr. Sudler and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 9:41 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing
no objection the meeting adjourned at 9:41 p.m.
William F. Hare
Council President
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COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 27, 2024 PAGE 12
Item #6.
Attachments
Attachment #1 - Email from Richard Senato in opposition to the proposed Ordinance #2024-02.
Page 162
Page 163
ATTACHMENT #1
Council Committee of the Whole Meeting of Item #6.
02/27/2024
Bennett. Andria
From: rdsen@aol.com
Sent: Sunday, February 25, 2024 1:57 PM
To: Bennett, Andria
Subject: EXTERNAL: Richard Senato= = HANDICAPPED PROPOSAL
You don't ohen get email fromrdsen@aol.com. Learn why this is important
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.
To The Honorable Andrea Bennett, Dover City Clerk.
I HAVE READ THE HANDICAPPED PROPOSAL DEALING WITH
PARKING ON CITY STREETS IN RESIDENTIAL NEIGHBORHOODS. I
WOULD LIKE TO KNOW HOW MANY COMPLAINTS WERE ACTUALLY
RECEIVED, ONE, TWO???
FIRST OF ALL, THE ADA SHOULD BE THE MAIN COORDINATOR AND
NOT THE CITY PUBLIC WORKS DEPARTMENT. LET ME JUST SAY
THIS, THAT THERE ARE GRADED DRIVEWAYS IN THE CITY
CONTRARY TO WHAT COUNCILMAN NEAL SAYS.
OTHER STATES ALLOW HANDICAPPED PARKING IN RESIDENTIAL
NEIGHBORHOODS.
Twenty-eight PERCENT OF ADULTS IN THE US LIVE WITH A
DISABILITY AND 14 PERCENT OF THOSE ADULTS HAVE A MOBILITY
DISABILITY.
FOR A COUNCILMAN TO PROPOSE THAT A HANDICAPPED PERSON
NOT BE ALLOWED TO HAVE A DESIGNATED PARKING SPACE IN
FRONT OF THERE HOME IS IN MY OPINION LUDICROUS.
THIS PROPOSAL SHOULD NOT BE ENTERED INTO LAW.
Richard Senato
152 Evergreen Drive
1
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Page 164
Item #13.
COMMUNITY ENHANCEMENT FUND
Page 164
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Item #13.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2023 - JUNE 30, 2024
100-10-12-99-000-53037
Current
Balance- $ 13,150.00
BUDGETED COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE PURPOSE OF THE FUND IS TO
$ 25,000.00
AMOUNT ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
FINAL BUDGET TOTAL $ 25,000.00
COUNCIL TOTAL YEAR TO
DATE VENDOR DESCRIPTION P.O. #/INVOICE # BALANCE
SPONSOR CHARGES DATE
Councilman Anderson authorized the designation of $500.00 of his
Women and Children Email from David Anderson dated
community enhancement funds to the Women and Children
7/10/2023 Anderson Transformation Ministry 05/24/2023 and Email & Letter from William $500.00 $500.00 $24,500.00
Transformation Ministry International, Inc. for their Boys to Men
International, Inc. Snorton, Jr. received 05/23/2023
Development Program for Gas cards
Councilman Anderson authorized the designation of $300.00 of his Email from David Anderson dated
7/12/2023 Anderson The 302 Movement community enhancement funds to The 302 Movement for the backpack 07/12/2023 and email from Tracey Weems $300.00 $800.00 $24,200.00
program. dated 07/11/2023
Email from Andre Boggerty dated 07/17/2023
Councilman Boggerty authorized the designation of $200.00 of his
7/17/2023 Boggerty I Am Me, Inc. and email from Peirrce McCoy dated $200.00 $1,000.00 $24,000.00
community enhancement funds to I Am Me, Inc. for their ME Festival
07/17/2023
Council President Hare authorized the designation of $200.00 of his Email from Bill Hare dated 07/17/2023 and
7/17/2023 Hare I Am Me, Inc. $200.00 $1,200.00 $23,800.00
community enhancement funds to I Am Me, Inc. for their ME Festival email from Peirrce McCoy dated 07/17/2023
7/18/2023 Jenmor Florist Void Void Void -$50.00 $1,150.00 $23,850.00
Councilman Lewis authorized the designation of $300.00 of his Email from Brian Lewis dated 07/25/2023 and
7/25/2023 Lewis I Am Me, Inc. $300.00 $1,450.00 $23,550.00
community enhancement funds to I Am Me, Inc. for their ME Festival email from Peirrce McCoy dated 07/17/2023
Email from David Anderson dated
Councilman Anderson authorized the designation of $200.00 of his
7/25/2023 Anderson United Way 07/25/2023 and email from Kenyatta $200.00 $1,650.00 $23,350.00
community enhancement funds to United Way for their "Book Bash"
Livingston dated 07/25/2023
Email from Julia Pillsbury dated 07/25/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her
7/25/2023 Pillsbury United Way and email from Kenyatta Livingston dated $250.00 $1,900.00 $23,100.00
community enhancement funds to United Way for their "Book Bash"
07/25/2023
Email from Fred Neil dated 07/25/2023 and
Councilman Neil authorized the designation of $100.00 of his community
7/25/2023 Neil United Way email from Kenyatta Livingston dated $100.00 $2,000.00 $23,000.00
enhancement funds to United Way for their "Book Bash"
07/25/2023
Councilman Boggerty authorized the designation of $1000.00 of his Email from Andre Boggerty dated 07/31/2023
The Inner City Cultural
7/31/2023 Boggerty community enhancement funds to The Inner City Cultural League for the and email from Reuben Salters dated $1,000.00 $3,000.00 $22,000.00
League
reasons stated in the email. 07/25/2023
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated
8/4/2023 Anderson Yeshua Lighthouse community enhancement funds to The Yeshua Lighthouse for bookbags 08/04/2023 and Email & Letter from Liana $250.00 $3,250.00 $21,750.00
for their community day Pritchett received 08/01/2023
Email from Gerald Rocha dated 08/07/2023
Councilman Rocha authorized the designation of $200.00 of his
8/7/2023 Rocha United Way and email from Kenyatta Livingston dated $200.00 $3,450.00 $21,550.00
community enhancement funds to United Way for their "Book Bash"
07/25/2023
Councilman Neil authorized the designation of $100.00 of his community Email from Fred Neil dated 08/12/2023 and
Hispanic Organization of
8/14/2023 Neil enhancement funds to the Hispanic Organization of Latin Americans email from Anthony (Tony) Velazquez dated $100.00 $3,550.00 $21,450.00
Latin Americans (HOLA)
(HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilperson Arndt authorized the designation of $200.00 of her Email from Tricia Arndt dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Arndt community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $200.00 $3,750.00 $21,250.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
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Item #13.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated
Hispanic Organization of
8/14/2023 Anderson community enhancement funds to the Hispanic Organization of Latin 08/14/2023 and email from Anthony (Tony) $250.00 $4,000.00 $21,000.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. Velazquez dated 08/11/2023
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 08/14/2023
Hispanic Organization of
8/14/2023 Boggerty community enhancement funds to the Hispanic Organization of Latin and email from Anthony (Tony) Velazquez $250.00 $4,250.00 $20,750.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. dated 08/11/2023
Councilman Lewis authorized the designation of $300.00 of his Email from Brian Lewis dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Lewis community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $300.00 $4,550.00 $20,450.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/18/2023
Hispanic Organization of
8/18/2023 Rocha community enhancement funds to the Hispanic Organization of Latin and email from Anthony (Tony) Velazquez $200.00 $4,750.00 $20,250.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. dated 08/11/2023
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated and Letter from
8/18/2023 Lewis DEMCO $150.00 $4,900.00 $20,100.00
community enhancement funds to DEMCO for their Book Bag giveaway. Dr. Linda Hackett dated 08/17/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 08/21/2023
Hispanic Organization of
8/21/2023 Pillsbury community enhancement funds to the Hispanic Organization of Latin and email from Anthony (Tony) Velazquez $250.00 $5,150.00 $19,850.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. dated 08/11/2023
Interdenomonational Councilman Boggerty authorized the designation of $300.00 of his Email from Andre Boggerty dated 08/25/2023
8/28/2023 Boggerty Ministerial Alliance of Dover community enhancement funds to the Annual Community Unity Family and email from Bishop W. James Thomas, II $300.00 $5,450.00 $19,550.00
and Visinity (IMA) Day dated 08/22/2023
Councilman Boggerty authorized the designation of $1,000.00 of his Email from Andre Boggerty dated 10/2/2023
10/2/2023 Boggerty Parks & Recreation community enhancement funds to the Parks and Recreation Department and a memo from Robin Eaton dated $1,000.00 $6,450.00 $18,550.00
for the 50 Years of Hip Hop Event. 09/26/2023
Councilman Rocha authorized the designation of $500.00 of his Email from Gerald Rocha, Sr. dated
10/2/2023 Rocha Parks & Recreation community enhancement funds to the Parks and Recreation Department 10/2/2023 and a memo from Robin Eaton $500.00 $6,950.00 $18,050.00
for the 50 Years of Hip Hop Event. dated 09/26/2023
Email from Julia Pillsbury dated 10/05/23 and
Councilwoman Pillsbury authorized the designation of $250.00 of her
10/5/2023 Pillsbury Dover Police Department an email from CPL Killen, City of Dover PD, $250.00 $7,200.00 $17,800.00
community enhancement funds to the Hometown Holiday Event
dated 10/05/23
Email from Bill Hare dated 10/05/23 and an
Council President Hare authorized the designation of $600.00 of his
10/5/2023 Hare Dover Police Department email from CPL Killen, City of Dover PD, $600.00 $7,800.00 $17,200.00
community enhancement funds to the Hometown Holiday Event
dated 10/05/23
Email from David Anderson dated 10/06/23
Councilman Anderson authorized the designation of $550.00 of his
10/6/2023 Anderson Dover Police Department and an email from CPL Killen, City of Dover $550.00 $8,350.00 $16,650.00
community enhancement funds to the Hometown Holiday Event
PD, dated 10/05/23
Email from Andre Boggerty dated 10/14/23
Councilman Boggerty authorized the designation of $200.00 of his
10/16/2023 Boggerty Dover Police Department and an email from CPL Killen, City of Dover $200.00 $8,550.00 $16,450.00
community enhancement funds to the Hometown Holiday Event
PD, dated 10/05/23
Email from Fred Neil dated 11/06/23 and an
Councilman Neil authorized the designation of $500.00 of his community
11/6/2023 Neil Dover Police Department email from CPL Killen, City of Dover PD, $500.00 $9,050.00 $15,950.00
enhancement funds to the Hometown Holiday Event
dated 10/05/23
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated 11/14/23 and a
11/14/2023 Lewis Tracy Palmer Ministries $150.00 $9,200.00 $15,800.00
community enhancement funds to the Community Thanksgiving Dinner flyer from the Tracy Palmer Ministries
Councilman Rocha authorized the designation of $200.00 of of his Email from Gerald Rocha, Sr. dated
11/27/2023 Rocha United Way of Delaware community enhancement fund to United Way of Delaware Wonderland 11/27/2023 and email from Kenyatta $200.00 $9,400.00 $15,600.00
Coat and Toy Drive Livingston dated 11/27/2023
Councilman Anderson authorized the designation of $100.00 of of his Email from David Anderson dated
11/27/2023 Anderson United Way of Delaware community enhancement fund to United Way of Delaware Wonderland 11/27/2023 and email from Kenyatta $100.00 $9,500.00 $15,500.00
Coat and Toy Drive Livingston dated 11/27/2023
Email from Tricia Arndt dated 12/13/2023 and
Central Delaware Habitat for Councilwoman Arndt authorized the designation of $250.00 of her
12/13/2023 Arndt email from Timothy M. Bailey dated $250.00 $9,750.00 $15,250.00
Humanity community enhancement fund to Central Delaware Habitat for Humanity
12/12/2023
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Item #13.
Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and
12/13/2023 Arndt People's Place $250.00 $10,000.00 $15,000.00
community enhancement fund to People's Place letter from Mamie Charest dated 12/11/2023
Email from Andre Boggerty dated 01/11/2024
I Am My Sisters Keeper Councilman Boggerty authorized the designation of $750.00 of his
1/11/2024 Boggerty and an email from Marcille "Dee" Sewell, $750.00 $10,750.00 $14,250.00
(MSK) community enhancement funds to I Am My Sister's Keeper (MSK-Dover)
dated 1/11/24
Councilman Lewis authorized the designation of $200.00 of his
Email from Brian Lewis dated 02/14/24 and
2/14/2024 Lewis Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the $200.00 $10,950.00 $14,050.00
flyers from the Tracy Palmer Ministries
Elizabeth W. Murphey School
Councilman Lewis authorized the designation of $300.00 of his Email from Gerald Rocha, Sr. dated 02/21/24
2/21/2024 Rocha Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the and a letter from the Tracy Palmer Ministries $300.00 $11,250.00 $13,750.00
Elizabeth W. Murphey School dated 02/18/24
Email from Bill Hare dated 02/24/24 and an
Council President Hare authorized the designation of $250.00 of his
2/26/2024 Hare Zeta Rho Lambda email & letter from Dana T Shelton, dated $250.00 $11,500.00 $13,500.00
community enhancement funds to the Zeta Rho Lambda Chapter 5K
02/13/24
Councilman Anderson authorized the designation of $350.00 of his Email from David Anderson dated 02/28/24
The Inner City Cultural
2/29/2024 Anderson community enhancement funds to The Inner City Cultural League for the and letter/email from Kathrina Stroud dated $350.00 $11,850.00 $13,150.00
League
reasons stated in the email. 02/27/24
TOTALS $11,850.00 $ 13,150.00
Budgeted
District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $3,700.00 $1,300.00
$2,500.00 1st District Pillsbury $750.00 $1,750.00
$2,500.00 1st District Rocha $1,400.00 $1,100.00
$2,500.00 2nd District Hare $1,050.00 $1,450.00
$2,500.00 2nd District Lewis $1,100.00 $1,400.00
$2,500.00 3rd District Arndt $700.00 $1,800.00
$2,500.00 3rd District Neil $700.00 $1,800.00
$2,500.00 4th District Anderson $2,500.00 $0.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $11,900.00 $13,100.00
Page 167
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Item #14.
CITY MANAGER’S
MONTHLY REPORT
January 2024
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Item #14.
Blank
Page
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Item #14.
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Item #14.
CENTRAL SERVICES MONTHLY REPORT
January 2024
PROCUREMENT & INVENTORY DIVISION
Purchase Orders for Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $2,213,803.40 67.6%
Water $135,950.90 69.8%
Wastewater $769.13 100.0%
General $88,842.04 37.0%
Total $2,439,005.47 66.6%
Issues from Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $1,343,323.74 16.6%
Water $50,401.29 43.3%
Wastewater $0.00 N/A
General $76,719.10 -5.6%
Total $1,470,444.13 16.4%
Bids/RFPs Solicited
FY 2024 to Date Difference from FY 2023
23 65.2%
Money Spent for Postal Services
FY 2024 to Date FY 2023 to Date
$102,091.78 $99,654.26
Fuel Usage
Type FY 2024 to Date FY 2023 to Date
Unleaded 87,263 84,881
Diesel 47,380 47,988
Dollars Spent $372,994.56 $456,149.08
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Item #14.
Warehouse Stock Value
FY 2024 FY 2023
$3,401,203.12 $2,856,703.02
Purchase Orders for Stock are up 66.6% compared to this time last year.
Issues from Stock are up 16.4% compared to this time last year.
Bids/RFP's are up 65.2% compared to this time last year.
Postal Expenses are up 2.4% compared to this time last year.
Fuel Costs are down 22.3% compared to this time last year.
Overall warehouse value is up 16.0% compared to this time last year.
FLEET DIVISION
PM Work Orders Scheduled: PM Work Orders Total Work Orders PM &
34 Completed: 43 Repair: 128
Total Hours Turned: 380 Excess Hours Turned: 0 Time Unaccounted For:
120.8
MEASURE January 2024 January 2023
Completed PM's 43 40
DIFFERENCE 7.50%
There were 34 PM's scheduled for this month. A total of 43 PM's were completed along with 85
repair work orders. There were a total of 128 work orders completed.
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Item #14.
FACILITIES DIVISION
Routine Work Orders Emergency Work Orders
Completed: 80 Completed: 8
City-owned Facility Work Events & Support Work
Orders: 84 Orders: 4
MEASURE January 2024 January 2023
Completed Work Orders 88 64
DIFFERENCE 37.50%
There were 88 routine and emergency Work Orders completed during this month. The work
orders consisted of 84 for maintenance and repair of City-owned facilities and 4 related to events
and other support work.
Central Services Narrative
The Warehousing & Procurement office continues to see inflated costs and excessive lead times.
Facilities staff has been busy with routine work orders.
Fleet is operating as normal at this time.
Fleet was onsite for the 34 hour snow event that began on the 19th to ensure snow equipment
remained operational throughout the snow removal process.
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Item #14.
CENTRAL SERVICES PROJECT UPDATE
January 2024
FY/PROJECT NUMBER DEPARTMENT STATUS
CENTRAL SERVICES
FC2303 COMPLETE!
CITY HALL WINDOWS
ELECTRIC Stage 1 of install underway
EA2204
WEYANDT HALL HVAC 3rd floor 95% complete
CENTRAL SERVICES
FC2402 COMPLETE!
CITY HALL EXTERIOR PAINT
CENTRAL SERVICES Roofing material and doors
CS2405
WASH BAY ROOF & DOORS ordered.
WATER WASTE WATER WTP
WD2409 Engineering plans complete
RENOVATIONS
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Item #14.
Recap of monthly activities / notations –
As of January 31, 2024 the City of Dover served 24,888 electric utility customers and 13,137 water utility
customers as compared to 2023, which represents 24,783 and 13,041 respectively. These figures were tabulated
from the monthy utility bill summary report which tracks billing across all utility bill rate classifications.
Currently Allison Haines is acting Customer Service Director, Steven Ramsey is acting Customer Service Supervisor,
and Nikkia Sykes has joined the team in cashiering.
Staff attended a trial on January 17th for the collections of a $44,000 debt. We are waiting for a final decision from
superior court.
Receivable Comparison FY 2023 to Utility Disconnections for January 2024
FY2024 to date (January 2024)
323 accounts were disconnected for non-payment of service.
Compared to the same time last year the
City had open receivables of Total receivable collected through the disconnection process $140,101.69
$9,268,909.56 vs $9,265,151.67. Ending Utility Receivable Due - $6,070,027.18
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with Page 175
professionalism, respect, & integrity. ~ City of Dover Customer Service Department
Page 176
Item #14.
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of Jan. 2023/2024 the Month of Jan. 2023/2024
43 $200
50 $143
Thousands
40 24 23 $85 $93
30 18 18 $100
20 14 $45$40 $0$5
1 2 0 1 2023 $8
10 2023
0 $0
2024 2024
First Time Buyer for the Month Jan. 2023/2024 Realty Property
of Jan. 2023/2024 Sales in Dollars Received Prior
to Recording
50 43
$10
40 $10 $6 $6 $5 $6
Millions
23 24 Res. Non‐First
30 18 $5 $1 $0 $0
Time Buyers 2023
20 $0
Res. First Time 2024
10 Buyers
0
2023 2024
Major Updates
November December January
Assessment Change $0 $4,50,700 $100,330
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
22 $3,480,100 $5,884,800 0.59 1.00
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
1
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Item #14.
ASSESSOR’S REPORT
Assessor’s Office
Wild Meadows / Persimmon Park Place Home Sales for January 2024:
Property Address Assessed Value Sales Price
N/A N/A N/A
January Supplemental Billing
‐ Supplemental bills were mailed out totaling $10,245
2
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Page 180
Page 181
Item #14.
ELECTRIC DEPARTMENT MONTHLY REPORT
For the month of January 2024, the Electric Department contributed to the quality of life for all our
customers.
The city experienced a system peak of 113 megawatts, an increase of 10 megawatts from last month and
a 15 megawatt increase from the same month last year.
There was a total of 4 outages for the month affecting a total of 298 customers with an average outage
time of 124 minutes.
Project Updates:
The department entered contract negotiation with Total Wrecking & Environmental for demolition of
McKee Run. Work continues in Towne Point, Verona Woods, Rojan Meadows, and we are testing all
electric poles in the city. Preparation for FY25 budget submission is ongoing.
Van Sant was not called on for dispatch for the month of December. On the evening of the 27th there
was a breaker operation at Van Sant that locked out the breaker. A Relay technician responded but was
unable to close the breaker back in. Monday the 28th troubleshooting continued, and smoke was
observed coming from the buss duct from the CT to the transformer. Several burn marks were found on
the buss work and an outside testing company was called in to thoroughly inspect and test the
transformer. It is estimated that the unit will be put back into service in the first week in February.
FY 24 YTD Outages and Response Time:
Total – 58 Average Response Time – 30.7 (Goal – Less than 30 minutes)
Statistics: 3-year average: FY Average:
Average Interruption
Duration Index (SAIDI) 168.4 minutes 51.1 minutes
Goal – Not to exceed 100 mins
System Average Interruption
Frequency Index (SAIFI) 1.7 per cust .51 per cust
Goal – Not to exceed 1 per customer
Customer Average Interruption
Duration Index (CAIDI) 98 minutes 100.4 minutes
Lost Time Accidents – Workorders Generated –
Current Month – 0 Total FY – 0 Current Month – 175 Total FY – 1,321
Page 181
Page 182
Item #14.
ELECTRIC DEPARTMENT MONTHLY REPORT
FY24
Historical Peak Load
180
160
140
120
100 2022
Megawatts
80 2023
2024
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Page 182
Page 183
Item #14.
HUMAN RESOURCES
JANUARY 2024
City of Dover Human Resources Mission Statement:
The City of Dover’s Human Resources Department strives to provide quality service to assist
our greatest asset, our employees. Equity, Integrity, and Urgency is our focus to ensure
employee satisfaction as well as company wellness. We implement policies and procedures that
align with organizational goals, including a safe and compliant workplace, effective training
and professional development, and addressing both the needs of employees and the
organization.
City of Dover Human Resources Value Statement:
Innovation: We strive to include best HR practices to enhance a robust technological movement
to enhance the quality and efficiency of the department.
Collaboration: We honor knowledge sharing, diversity of thoughts and ideas, and experiences to
encourage an inclusive workforce.
Integrity and Transparency: We honor our commitments and promote a healthy environment that
promotes fairness, honesty, respect, and trust.
Results Driven: Customer service is front and center, and we advocate for employees and retirees’
needs at all times.
JANUARY SUMMARY:
January Hiring Trends FY24: The month of January shows an average hiring rate of 5 new
hires! The positions hired include 3 full-time and 2 part-time positions.
January’s Voluntary Termination/Involuntary Termination Trends FY24: In the month of
January, we have 0 voluntary and 0 involuntary terminations which is always a great start to the
new year.
1|Page
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Page 184
Item #14.
HUMAN RESOURCES
JANUARY’S EEO DATA
AMERICAN INDIAN 3%
ASIAN 1%
AFRICAN AMERICAN 13%
CAUCASIAN 76%
HISPANIC 2%
OTHER RACE 5%
2|Page
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Item #14.
HUMAN RESOURCES
JANUARY’S EEO DEMOGRAPHICS
CAUCASIAN 302
MINORITY 95
3|Page
Page 185
Page 186
Item #14.
HUMAN RESOURCES
JANUARY’S GENDER REPORT
MALES 75%
FEMALE 25%
NON-BINARY 0%
4|Page
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Page 187
Item #14.
HUMAN RESOURCES
FULL-TIME VS. PART TIME EE’S
Numbers do not reflect temporary, seasonal, relief fire dispatchers, committee, or council members.
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME 366
PART TIME 31
5|Page
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Item #14.
HUMAN RESOURCES
INTERNAL EE AGE DEMOGRAPHICS
AGE PERCENTAGE
18-24 7%
25-34 26%
35-44 22%
45-54 23%
55-64 18%
65 + 4%
**AVERAGE YEARS OF SERVICE TO THE CITY IS 18 YEARS.
6|Page
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Page 189
Item #14.
HUMAN RESOURCES
HIRING DETAILS
Position Hired: 1 FT Sanitation MEO, 1 FT Fire Administrative Manager, 1 FT Communication
Operator, 2 PT Library Clerk
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 0
Terminal Leave: N/A
JANUARY’S VACANT POSITIONS
VACANT POSITIONS BY DEPT. Jan-24
UTILITY MAINTENANCE MECHANIC/WATER WASTEWATER FT
LIBRARY CLERK/DOVER LIBRARY PT
ARBORIST/PARKS AND RECREATION FT
CIVIL ENGINEER/WATER WASTEWATER FT
SERVICE CENTER CLERK/PARKS AND REC DEPT PT
MEO II/STORMWATER DIVISION FT
BUILDING SUPERVISOR (2)/PARKS AND REC DEPT PT
CREW LEADER/PARKS AND REC FT
STORMWATER COORDINATOR/PUBLIC WORKS FT
PAYROLL SPECIALIST FT
CONTROLLER-TREASURER/FINANCE FT
PLANNING AND COMMUNITY DEV DIR/PLANNING DEPT FT
PARKING ENFORCEMENT OFFICER/POLICE DEPT FT
ACCOUNTANT I/FINANCE DEPT FT
PLANNER II/PLANNING DEPT FT
HR GENERALIST FT
FINANCIAL REPORTING ACCOUNT MANAGER/FINANCE FT
ELECTRIC ENGINEER FT
POLICE CADET PT
RELIEF FIRE DISPATCHER PT AS NEEDED
TOTAL 15 FT, 5 PT
*Not used for Budgeting Purposes
7|Page
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Page 190
Item #14.
HUMAN RESOURCES
TURNOVER STATISTICS
JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC
TOTAL TURNOVER % 0
VOLUNTARY TURNOVER % 0
INVOLUNTARY TURNOVER % 0
RETIREMENT TURNOVER % 0
TOTAL EMPLOYEE COUNT 397
8|Page
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Page 191
Item #14.
HUMAN RESOURCES
JANUARY’S WORKER’S COMPENSATION DATA
MONTH Dec-23 Jan-24
WORKERS COMP INJURY
DETAIL 2 3
Workers Compensation Cost January 2024
DEPARTMENT
$4,413
$4,244
$418
$-$90
$20
$30
$40
$50
$60
$70
$10
$80$180$320
$120
$130
$140
$150
$160
$170
$100
$190
$200
$210
$220
$110 $240
$250
$260
$270
$280
$290
$300
$310
$230$330
$340
$350$460
$370
$380
$390
$400
$410
$420
$430
$440
$450
$360
$470
$480
$490
$500
$510
$520
$530$650 $830
$560
$570
$580
$590
$600
$610
$620
$630
$640
$540$660
$670
$680
$690
$700
$710
$720
$730
$550 $750
$760
$770
$780
$790
$800
$810
$820
$740$840
$850
$860
$870
$880
$890
$900
$910
$920$1,080 $1,320
$950
$960
$1,000
$970
$1,010
$980
$1,020
$990
$1,030
$1,040
$1,050
$1,060
$1,070
$930$1,090
$1,100
$1,110
$1,120
$1,130
$1,140
$1,150
$940 $1,170
$1,180
$1,190
$1,200
$1,210
$1,220
$1,230
$1,240
$1,250
$1,260
$1,270
$1,280
$1,290
$1,300
$1,310
$1,160$1,330
$1,340
$1,350
$1,360
$1,370
$1,380$1,550
$1,400
$1,410
$1,420
$1,430
$1,440
$1,450
$1,460
$1,470
$1,480
$1,490
$1,500
$1,510
$1,520
$1,530
$1,540
$1,390
$1,560
$1,570
$1,580
$1,590
$1,600
$1,610
$1,620$1,780 $2,070
$1,650
$1,660
$1,670
$1,680
$1,690
$1,700
$1,710
$1,720
$1,730
$1,740
$1,750
$1,760
$1,770
$1,630
$1,790
$1,800
$1,810
$1,820
$1,830
$1,840
$1,850
$1,860
$1,870
$1,880
$1,890
$1,640 $1,910
$1,920
$1,930
$1,940
$1,950
$1,960
$1,970
$1,980
$1,990
$2,000
$2,010
$2,020
$2,030
$2,040
$2,050
$2,060
$1,900$2,080
$2,090
$2,100
$2,110
$2,120
$2,130
$2,140
$2,150
$2,160$2,320$2,520
$2,190
$2,200
$2,210
$2,220
$2,230
$2,240
$2,250
$2,260
$2,270
$2,280
$2,290
$2,300
$2,310
$2,170
$2,330
$2,340
$2,350
$2,360
$2,180 $2,380
$2,390
$2,400
$2,410
$2,420
$2,430
$2,440
$2,450
$2,460
$2,470
$2,480
$2,490
$2,500
$2,510
$2,370$2,530
$2,540
$2,550$2,710
$2,570
$2,580
$2,590
$2,600
$2,610
$2,620
$2,630
$2,640
$2,650
$2,660
$2,670
$2,680
$2,690
$2,700
$2,560
$2,720
$2,730$2,910 $3,150
$2,760
$2,770
$2,780
$2,790
$2,800
$2,810
$2,820
$2,830
$2,840
$2,850
$2,860
$2,870
$2,880
$2,890
$2,900
$2,740$2,920
$2,930
$2,940
$2,950
$2,960
$2,970
$2,980
$2,990
$2,750 $3,010
$3,020
$3,030
$3,040
$3,050
$3,060
$3,070
$3,080
$3,090
$3,100
$3,110
$3,120
$3,130
$3,140
$3,000$3,160
$3,170
$3,180
$3,190
$3,200
$3,210
$3,220
$3,230
$3,240$3,410 $3,690
$3,270
$3,280
$3,290
$3,300
$3,310
$3,320
$3,330
$3,340
$3,350
$3,360
$3,370
$3,380
$3,390
$3,400
$3,250
$3,420
$3,430
$3,440
$3,450
$3,460
$3,470
$3,480
$3,490
$3,500
$3,510
$3,260 $3,530
$3,540
$3,550
$3,560
$3,570
$3,580
$3,590
$3,600
$3,610
$3,620
$3,630
$3,640
$3,650
$3,660
$3,670
$3,680
$3,520$3,700
$3,710
$3,720
$3,730
$3,740
$3,750
$3,760
$3,770
$3,780$3,950
$3,960
$3,810
$3,820
$3,830
$3,840
$3,850
$3,860
$3,870
$3,880
$3,890
$3,900
$3,910
$3,920
$3,930
$3,940
$3,790
$3,800$3,970
$3,980
$3,990
$4,000
$4,010
$4,020
$4,030
$4,040
$4,050$4,220 $4,530
$4,080
$4,090
$4,100
$4,110
$4,120
$4,130
$4,140
$4,150
$4,160
$4,170
$4,180
$4,190
$4,200
$4,210
$4,060
$4,230
$4,240
$4,250
$4,260
$4,270
$4,280
$4,290
$4,300
$4,310
$4,320
$4,330
$4,340
$4,350
$4,070 $4,370
$4,380
$4,390
$4,400
$4,410
$4,420
$4,430
$4,440
$4,450
$4,460
$4,470
$4,480
$4,490
$4,500
$4,510
$4,520
$4,360$4,540
$4,550
$4,560
$4,570
$4,580
$4,590
$4,600
$4,610
$4,620
$4,630
$4,640
TOTAL COST (IN THOUSANDS) = $$9,075.37
9|Page
Page 191
Page 192
Item #14.
Information Technology Department
January 2024 Report
Larry Josefowski, Director
Overall Review: The loss of our Senior Analyst position impacted our ability to move forward in many of our
areas. However, several resumes were reviewed for the open Senior LAN Analyst position. We have interviewed
and offered the position to a highly qualified candidate and expect her to start in February.
Network Security: We continue to improve the information reviews of our network, and have added additional
logs to our system monitoring, which includes being able to identify where some of the attempts on the network
are coming from. We also noted a very large increase (more than 10 times the usual) attempts on the network
firewall.
Phone System: The vendor continued to work on switching over some of the remaining lines but had difficulties
in working with our provider. Work will continue this into the new year.
Tyler Enterprise ERP: We worked with Kent County to pull together a meeting of all entities that use Tyler to get
some feedback, best practices, and their current plans. The next phase we would be entering into in the April
timeframe would be the Permitting and Licensing area, and we held a meeting on this. We had upgraded the
environments at the end of 2023 to prepare for this, and the system is ready to go. We will be seeking staff
input on the path forward as to whether to go forward with this phase, reattempt Utility Billing, or another path.
Other: We conducted meetings with several vendors this month. One meeting was regarding additional
resources that may be available in our Tyler ERP migration. Such a move may help us to get the project back
online.
The other meeting was with a vendor in regard to emergency staffing. This meeting was to get background in
what resources could quickly be available in the event we faced a critical IT staffing shortage.
Metrics:
# of Tickets/Incidents: While the number appears fairly large compared to the past couple of months, it is only
marginally higher than the average. It indicates a lot of computer issues that may have been discovered or came
up after the holidays. The areas with the most incidents are requests for access, Tyler issues, phones, and
hardware issues.
Time to Close incidents: The decrease in time to resolve reflect that some incidents were on hold over the
holidays, as well as a decrease in staffing due to our Senior LAN Analyst’s departure. The numbers likely will
remain higher than average but should decrease over this very high number in the next report.
Risk Scores (From KNowBe4): This is a score from 0-100, with a lower number being an indicator of lower risk.
We are in the second lowest risk category; the lowest risk would be achieved with a maximum score of 20. This
number is a result primarily of the number of people completing training, and the relative success of our
phishing campaigns. We have been slowly trending in the right direction over the past year.
VOIP Phone quality: This is a newer metric, presented last month for the first time. It’s measuring the quality of
“legs” of the calls in and out of our system. It is a very broad indicator, with the acceptable level being 80%. Our
average over the last 6 months has been 88%.
INFORMATION TECHNOLOGY - 1
Page 192
Page 193
Item #14.
# of Tickets/Incidents Time to close incidents
110 20 d 0 h
18 d 0 h
100 16 d 0 h
90 14 d 0 h
12 d 0 h
80 10 d 0 h
8d0h
70 6d0h
60 4d0h
2d0h
50 0d0h
Risk Score (From KnowBe4) VOIP Phone Quality
50 92%
48 90%
46 88%
44 86%
42 84%
40 82%
38 80%
36 78%
34 76%
32
30
Call Legs quality
INFORMATION TECHNOLOGY - 2
Page 193
Page 194
Reference Transactions
January 2024 Item #14.
Adults 937
Teens 58
Children 214
0 250 500 750 1000 1250 1500 1750 2000
* Electronic Materials include Overdrive & Hoopla starting July 2022
Circulation Jan. '24 FYTD '24 Jan. '23 FYTD '23
City of Dover Residents 10,334 72,692 9,831 73,085
* Electronic Materials 5,828 36,095 4,536 30,673
Kent County Residents 10,144 67,595 7,262 50,654
Non-County Residents 1,421 9,432 1,227 8,720
New Library Registrations
City of Dover Residents 277 1,562 238 1,678
Kent County Residents 112 996 121 792
Non-County Residents 11 48 4 29
Registered Library Users as of 01/01/2024 Registered Library Users as of 01/01/2023
City of Dover Residents 18,494 17,314
Kent County Residents 8,183 6,706
Non-County Residents 657 616
TOTAL 27,334 24,636
Other
Visitors 14,674 99,750 14,024 93,006
Meeting Room Attendance 2,823 19,744 1,814 12,742
Number of Computer Users 1,656 11,924 1,606 11,019
Number of Wireless Computer Users 1,585 10,824 1,491 10,114
Inter/Intralibrary - Loaned 75 43
Inter/Intralibrary - Borrowed 118 94
Holds Sent 2,755 3,015
Holds Received 1,904 1,972
TOTAL 4,852 33,662 5,124 34,181
Tech Services/Items Added 1,409 1,459
Tech Services/Items Deleted 1,037 1,273
Passport Services/Customers 368 1,580 345 1,481
Passport Services/Revenue $14,839 $62,538 $13,961 $60,312
Monthly Highlights
►289 attended 43 programs for adults.
►140 attended 16 program for teens.
►715 attended 30 programs for children.
► 0 volunteers.
Program Spotlight
Page 194
Page 195
Item #14.
Parks & Recreation
Monthly Report - January 2024
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building and Spray Pad progress con nues. Staff con nues to document progress.
All Accessible Playground invoice for equipment has been received.
SchuƩe Park Dog Park Completed. We expect to add a dog water fountain this spring.
Skate Park in progress as noted in the FY25 CIP list. Progress con nues on the temporary site.
John W. PiƩs RecreaƟon Center welcomed back the Indoor Senior So ball players. These 55+ athletes
will be showcasing their skills and ability with some fun & laughter on Tuesday & Thursday mornings now
thru March. Come out and watch, be er yet ‐ grab your glove and join them!
Youth Indoor Soccer has kicked off on Friday nights with 81 par cipants. Youth Basketball Leagues
con nue with prac ces on weeknights and games on Saturdays. Indoor Field Hockey Leagues also
con nued with play on Saturday a ernoons and Sundays.
Recreation Revenue Breakdown Outdoor Sports & Leagues
ParƟcipant & Spectator Count
AcƟvity ParƟcipants Spectators LocaƟon
Moved inside for the winter!
January 2024 January 2023
General Recrea on $1,273.50 General Recrea on 1,371.00 Dover Park
Trips $1,040.00 Trips 1, 020.00
Leagues $365.19 Leagues 1,630.00 Community Building & Spray Pad
Bldg./Field/Pavilions $300.00 Sports $750.00
Youth Connec ons $732.00
Progress ConƟnues….
Sports $1,070.00
Parks & RecreaƟon FYTD FYTD
Jan. 24 Jan. 23
Programs 24 23
General Recrea on 138 1,500 311 1,441
Open Gym 205 1,207 269 860
Sports 347 762 284 881
Leagues (Inside) 7,130 20,012 8,216 19,957
*Save the Date ‐ Dover Duathlon ‐ April 20, 2024 ‐ Schu e Park*
Page 195
Page 196
Item #14.
Grounds Monthly Report
Jan-24
Arborist Crew: Arborist Crew
- Trimmed street trees. Tree Work Completed
- Removed stumps. Tree's Trimmed 25
Tree's Removed 5
Beautification Crew: Root Pruning 0
- General clean up of flower beds and city property. Stumps Removed 5
- Added soil to flower beds. Trees Planted 0
Mowing Crew:
- General clean up of mowing locations.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule.
- Litter person has been diligent in the reporting of destruction in City parks.
- 180 Total 90 gallon cans collected.
Removed 18 Shopping Carts.
Parks Crew:
- Completed parks route daily.
- Set up Bocce ball at Pitts Center.
Miscellaneous:
- Replaced rope for flag pole at City Hall.
- Snow removal from sidewalks 2 days.
- 5 Employees attended pesticide training.
- Removed Christmas trees from the Silver Lake and Mirror Lake.
- Removed 33 Live wreaths from City buildings.
- Removed 75 wreaths and garland from lights poles.
Page 196
Page 197
Item #14.
Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Removed
80
60
40
20
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Trimmed
250
200
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Page 197
Page 198
Item #14.
City Planner’s Monthly Report
Department of Planning & Inspections
JANUARY 2024
Planning & Inspections Highlights
Some Items to Call to Your Attention
The calendar year of 2024 kicked-off with a focus on various activities related to Downtown Dover and
its revitalization. The Planning Commission reviewed and recommended approval of a Rezoning for the
Old Post Office property at 55 Loockerman Plaza from IO (Institutional and Office Zone) to C-2 (Central
Commercial Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone) and H (Historic
District Zone); this Rezoning received final approval in early February from City Council. The City has this
property under contract to sell to a new developer. The City with the assistance of consultant services
began work on the Renewal Application for the Downtown Development District (DDD) designation. This
process will complete an evaluation the current program, identify potential boundary expansions, and
look at program incentives. As part of efforts to implement the Transforming Downtown Dover: Capital
City 2030 Plan, Planning Staff presented to the Council Committee of the Whole a Proposed Ordinance
#2024-01 LFA#1 consisting of Text Amendments to the C-2 zone and other development regulations. The
City Council moved the proposed Text Amendments forward to formal review and the First Reading was
held in late January.
Inspections associated with construction activities for Building, Plumbing, and Mechanical Permits con-
tinued citywide with the month of January seeing over 250 inspections completed for these Permit
types. By month’s end, Certificates of Occupancy were issued to eight additional dwelling units complet-
ed in the City. Two new building projects started in January consisting of an educational building on the
Delaware State University main campus and also the Byler’s Warehouse on Lot #2 of the Garrison Oak
Business & Technology Center.
With January comes the time for renewal of Rental Dwelling Permits, Lodging House Permits, and Public
Occupancy Licenses. These Renewals are mailed to current license/permit holders and as of the end of
January over 50% of the estimated revenue for these types of Permits & Licenses had been received.
The Permits and & Licensing Staff continues to process renewals as the new licensing year begins Febru-
ary 1st (current licenses expire January 31, 2024).
The Code Enforcement Staff continued to conduct Annual Housing Inspections as part of the Rental
Dwelling Permit program with 86 completed in the month. There are currently almost 7,900 Rental
Dwelling Units within the City. Other Code Enforcement cases focused on Dangerous Building issues and
exterior property maintenance issues/violations. For the month, there were 449 inspections conducted
for 151 violations.
The Fire Marshal’s Office Staff continues to be very busy with fire investigations as the month of January
brought ten (10) incidents . The Fire Marshal’s Office is now also focused on Inspections of business oc-
cupancies within the City to confirm compliance. In addition, the Fire Marshal’s Office completed other
inspections, plan and permit reviews, and outreach activities.
Page 198
Page 199
Item #14.
Planning & Inspections Revenue
FY2024 Revenue
Estimates from FY2024 Actual
Revenue Stream Budget (YTD) January % of Budget
Business License $1,450,000 $ 1,452,629 100%
Manufactured Home License $16,000 $ 12,712 79%
Building Permits $450,000 $ 632,779 141%
Cert. of Occupancy $8,000 $ 6,365 80%
Public Occupancy $45,000 $ 31,435 70%
Lodging House $28,000 $ 11,636 42%
Plumbing/Heating/Air $105,000 $ 55,481 53%
Rental Inspection Fee $750,000 $ 411,978 55%
Miscellaneous $20,000 $ 11,302 57%
Fire Protection Fees $70,000 $ 66,813 95%
Code Enforcement Fines $100,000 $ 55,571 56%
Vacant Building Reg. $70,000 $ 12,500 18%
Total P&I Revenue $3,112,000 $ 2,761,201 89%
Department Operations—
Planning Office
The Meetings of the Boards and Commission supported by the Planning Office are presented in the Hybrid
format with both In-Person and Virtual (using WebEx) meeting options for participation. Electronic commu-
nications and conducting Meetings and Trainings in virtual formats are commonplace due to realized effi-
ciencies.
Planning Commission members Joan Denney and Mark Reaves attended “Planning 101: Planning Your Com-
munity’s Future,” a virtual training session presented by the University of Delaware’s Institute for Public
Administration on January 17, 2024.
The Planning Office is part of the review process for certain types of construction activity permits (Building
Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance with the
Zoning Ordinance provisions. For January 2024, Planning Staff was involved with the review of 45 Building
Permits and 7 Certificates of Occupancy permits that were issued for a monthly total of 52. January tally is
slightly lower than the number of Permits and COs seen in January 2023 and 2022. Staff also reviews new
applications for Business Licenses and Rental Dwelling Permits.
JANUARY 2024 (FY24) TOTAL FOR FY24
New Home Permits Issued 8 52
Value of Commercial Projects $13,538,339.00 $67,920,606.00
Downtown Incentives (Fees Waived)
0 $26,220.35
Page 199
Page 200
Item #14.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
• As part of the annual opportunity (in December), there was a Request for a Comprehensive Plan Amendment
filed requesting a change to the Map 12-1: Land Development Plan Map. This Comprehensive Plan Amendment
2024 (MI-24-01) completed the Preliminary Land Use Services Review (PLUS) Review in January 2024 beginning
its formal review process. The Planning Commission will consider the Request in February.
Other Activities
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is
known as “Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are
focusing on aspects of Plan implementation. In 2023, the Planning Office Staff Working Group is fo-
cused on potential ordinance and policy changes for the C-2 zoning district. In early January, the Plan-
ning Staff presented the Proposed Ordinance #2024-10 to the Council Committee of the Whole – Legis-
lative, Finance and Administration Committee as the text amendment language for the revisions to the
C-2 zoning district focused on uses, building height, parking, and other miscellaneous items. The First
Reading of the Proposed Ordinance #2024-01 with LFA #1 was completed on January 22, 2024 starting
the formal review process.
• Downtown Development District – Renewal Application: The Downtown Development District (DDD)
for the City of Dover was designated in January 2015 for a period of ten years. The City is eligible to ap-
ply for a five-year extension of this designation. Rossi, a consultant group, has been retained to assist
the City in preparation of the Renewal Application. A project kick-off meeting was held with Planning
Staff and the City Manger’s Office in early January. The initial steps are underway for data collection
and program evaluation (interviews, focus groups, data review). The process will also look at areas for
potential amendments to expand the DDD boundaries. A Public Meeting is also being planned for
March.
CONSTRUCTION ACTIVITIES
• In January 2024, a Residential Building Permit was issued for a single family detached dwelling on Riverside
Road, five (5) Townhouse units by D.R. Horton in the Eden Hill Farm TND, and two (2) Duplex units in Chest-
nut Grove Farms.
• Certificates of Occupancy were issued to two (2) single family detached dwellings in Patriot Village: Phase II
area; a townhouse unit in Patriot Village; and two (2) Duplex units in Chestnut Grove Farms.
• Building Permits issued in January were for the new ECIC Building on the Delaware State University campus
(S-23-13); the Byler’s Warehouse at 651 Garrison Oak Drive in the Garrison Oak Business & Technology
Center (S-23-09); for a renovations at Dick’s Sporting Goods; office renovation for LabCorp; interior renova-
tions at the Delaware Agricultural Museum; renovations to the gym building on the DSU Downtown cam-
pus; fire damage repairs at two tenant spaces on South Little Creek Road; and other office renovations.
• A Temporary Certificate of Occupancy was extended for the New Dover Middle Schools Project at 1 Pat
Lynn Drive as they are working through finishing final site details. A Certificate of Occupancy was issued for
Pizza Hut as a tenant (Suite 1) in the commercial building at 515 S. DuPont Highway (S-19-07).
Page 200
Page 201
Item #14.
2024: Welcome to Dover!
Progress in Pictures
1 Pat Lynn Dr - Dover Middle School Complex
515 S. Dupont Hwy Suite 1
(Pizza Hut) Commercial
Renovation-tenant fit-out
Page 201
Page 202
Item #14.
2024: Welcome to Dover!
Progress in Pictures
Ashburn Homes Lenape Homes
1 Barrington Way
250 Tea Party Trail
5 Barrington Way
(Lenape Homes)
1512 Hopkins Ave (Mast Homes) 1516 Hopkins Ave (Mast Homes)
Page 202
Page 203
Item #14.
BOARD AND COMMISSION ACTIVITY
There were January Meetings of the Boards and Commissions supported by the Planning Office. The Plan-
ning Commission Meeting on January 16, 2024 consisted of review of two Rezoning Requests. The Historic
District Commission met on January 18, 2024 to consider a Fence Permit Referred for Architectural Review
Certification. The Board of Adjustment did not meet due to lack of agenda items.
Planning Commission:
The Planning Commission met on January 16, 2024. The next Planning Commission meeting is scheduled for
February 20, 2024. The following applications were considered:
• Z-23-02 Lands of Draper Farm Properties, LLC at 1617 Forrest Avenue - The Planning Commission rec-
ommended to City Council denial of a Rezoning application for a parcel of land consisting of 5.04
acres. The property is zoned R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor Overlay
Zone). The proposed zoning is C-1A (Limited Commercial Zone) subject to the COZ-1 (Corridor Over-
lay Zone). The property is located on the north side of Forrest Avenue and adjacent to Cranberry Run
Drive. The owner of record is Draper Farm Properties LLC. Property Address: 1617 Forrest Avenue. Tax
Parcel: ED-05-075.00-01-07.00-000. Council District 1. Ordinance #2023-12.
• Z-24-01 Lands of City of Dover (Old Post Office) at 55 Loockerman Plaza - The Planning Commission
recommended to City Council the approval of a Rezoning application for a parcel of land consisting of
approximately 1.27 acres (Old Dover Post Office property). The property is zoned IO (Institutional and
Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H
(Historic District Zone). The proposed zoning is C-2 (Central Commercial Zone), subject to the SWPOZ
(Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The property is
located on the north side of Loockerman Plaza and adjacent to Innovation Way. The owner of record is
the City of Dover. Property Address: 55 Loockerman Plaza. Tax Parcel: ED-05-077.05-04-53.00-000.
Council District 4. Ordinance #2023-13.
Historic District Commission:
The Historic District Commission met on January 18, 2024. The next Historic District Commission meeting is
scheduled for February 15, 2024. The Commission heard various update reports on previous applications
and permit activity. They also met to consider a Fence Permit Referred for Architectural Review Certification
as follows.
• HI-24-01 Referral of Fence Permit #23-1868 at 146 S. State Street – The Historic District Commission
began Review for Architectural Review Certification of a Fence Permit #23-1868 as referred by the City
Planner. The Historic District Commission deferred action on the Permit requesting submission of the ad-
ditional information. The project involves a 6-foot vinyl fence to the rear of the property spanning from
the fence at the northern adjacent property along the parking lot to the south side adjacent property fence
with 2 pedestrian gates. Additionally, there is a 6-foot vinyl fence segment between the northern adjacent
property fence and the building with a pedestrian gate. The fences are the subject of a Code Enforcement
Case as they were constructed without a Permit. Property is zoned C-2 (Central Commercial Zone) and
subject to the H (Historic District Zone). The owner of record is State Street 146 Properties, LLC. Ad-
dress: 146 S. State Street. Tax Parcel: ED05-077.09-02-58.00-000. Council District 4.
Page 203
Page 204
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #14.
CDBG FY23 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. One family purchased a home and
two families are mortgage ready.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. This project
is underway. Fifty percent 50% of project funds have been spent year to date and 90% of
funds have been spent on renovations cost.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway. Fifty percent (50%) of program funds have been spent year to date.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
are in violation of the City’s Housing Code and complete emergency home repairs to
eliminate housing conditions that threaten the health and safety of low-income home-
owners. One owner occupied home has been rehabbed, one home is under contract for
rehab work to begin, and two (2) homes received emergency home repairs.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. A little over $1.4 million or 77%
of funds have been spent on Round 1 of ARPA funding year to date. Dover Housing Au-
thority, Murphey School and Reading Assist have completed their projects. ARPA Round
2 funding for a little under $500,000 was awarded to subgrantees in April. Projects are
currently underway. Twelve percent (12%) of funds have been drawn down for Round 2
with Murphey School completing their project.
Page 204
Page 205
Item #14.
CODE ENFORCEMENT ACTIVITY
DECEMEBER 2023 DECEMEBER
2023 DECEMEBER 2023 DE-
CEMEBER 2023 DECEMEBER 2023
DECEMEBER 2023 DECEMEBER
2023
Case Type Current MTD MTD FY23 % Changed YTD Total FY24 YTD Total
FY 23 % Changed YTD
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 145
Dangerous Buildings – 69
Active Rental Dwellings – 7,896
Active Demolitions - 411 W Reed St
Completed Demolitions - 207 N West St, 848 Forest St-(Accessory Structure), &
51 Saulsbury Rd
Page 205
Page 206
Building Inspections & Licensing Summary Item #14.
July 2022—
July 2023–
Current June 2024 JANUARY 2023 June 2023
PERMITTING AND LICENSING
Permits Issued JAN (2024) JAN (2023)
FY 24 FYTD 24 FY23 FYTD 23
Administrative Permit
3 38 0 35
Building Addition/Renovation Permits 27 220 25 192
Building Permits
13 125 23 170
Demolition Permits
4 23 1 15
Fence Permits 7 100 5 198
Fire Prevention Permits 16 68 11 43
Mechanical Permits
36 181 17 255
Plumbing Permits
23 171 14 249
Sign Permits 9 105 6 53
Swimming Pool Permits
0 6 0 7
Subtotal 1037 1217
Business Licenses 38 1787 35 1717
Merchant Licenses
8 344 4 322
Contractor Licenses
36 1240 29 1139
Subtotal 3371 3178
Lodging House Licenses
23 25 36 39
Public Occupancy
249 349 242 313
Rental Dwelling 1326 1481 1053 1196
Subtotal 1855 1548
Manufactured Homes 7 270 2 271
BUILDING INSPECTIONS
Inspections JAN (2024) JAN (2023)
FY 24 FYTD 24 FY23 FYTD 23
Building (Inspections/CBI/Site Meetings)
145 995 379 2138
Plumbing/Mechanical
116 1015 490 2960
Certificate of Occupancy
7 86 11 103
Page 206
Page 207
Item #14.
Fire Marshal’s Office—At a Glance January 2024
The Fire Marshal’s Office staff investigated ten incidents dur-
ing the month of January including a significant fire loss on Par
Haven Drive and Ann Avenue
Staff is working on annual fire and life safety inspections at
business occupancies.
Staff has handled several businesses and daycares operating
without proper licenses.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 36 36 29
Deficiencies From the Above Inspections 73 73 64
Fire Code Violations/Deficiencies/ 20 20 24
C/O & Fire Equipment Acceptance Tests 6 6 9
Meetings & Walk Through 18 18 12
Fire Plan Review & DAC 18 18 13
Month Year to Date Previous Year to Date
Accidental 4 totaling $325,000 4 totaling $325,000 2 totaling $105,000
Undetermined 1 totaling $25,000 1 totaling $25,000 2 totaling $25,000
Incendiary 5 totaling $14,000 5 totaling $14,000 0
Natural 0 0 0
Arrest Made with DPD 0 0 0
Investigation Time 22 22 hours 7 hours
Injuries 4 4 0
Deaths 0 0 0
Page 207
Page 208
Item #14.
DEPARTMENT OF PUBLIC WORKS
JANUARY 2024 MONTHLY REPORT
GIS
GIS PROJECT HOURS
Create Data Requests Printing Technical Support Updates Configure Training
3%0%
27% 35%
19%
15%
1%
GIS PROJECT HOURS
Other
City-Wide
DWW
DPW
Tax
Mayor
IT
Cust. Service
Dover PD
City Manager
City Clerk
Planning & Insp.
Library
Parks & Rec
Electric
0 5 10 15 20 25 30
GIS Project Hours
Page 208
Page 209
Item #14.
SANITATION
MONTHLY REFUSE (TONS)
Bulk Rear Automated
932.49 947.38
875.96 882.24
843.85 853.95 843.51 849.42 849.97
828.39 816.65 817.34
804.09
134.19 113.94 117.42 127.77
85.64 120.63 101.98 113.84
85.7
71 162.61 175.41 141.87 142.5 162.42 128.15 84.86
60 108.22 124.47 104.91
70.27
98.65 80.2 88.4 88.9
JAN 23 FEB 23 MAR 23 APRIL 23 MAY 23 JUNE 23 JULY 23 AUG 23 SEPT 23 OCT 23 NOV 23 DEC 23 JAN 24
SANITATION HOURS
700
607.5
600
535
469 480.5
500 454 438.5
400
300
200
100 58
34
0
Bulk Automated Hand Trash Yard Waste
Jan 2023 Jan 2024
SANITATION Jan 24 FYTD 24 Jan 23 FYTD 23
Trips to DSWA Sandtown Landfill 201 1,518 186 1,433
Total Tonnage to DSWA 1,057.61 7,580.98 998.04 7,519.92
90-gallon Containers Delivered 47 371 65 420
300-gallon Containers Delivered 2 6 2 4
Total Man Hours Containers Delivered 33 192 28 162
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
January 2024 20,482 10,241 319,080 15.58
Page 209
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Item #14.
STREETS / STORMWATER
MONTHLY STREET SWEEPING & LEAF COLLECTION
Sweeper Waste (cu.yd.) Street Sweeping (miles) Leaf Collection (miles) Leaf Debris (cu.yd.)
6356.5
1234
4571
1528
12.5
239
47
817 1220
15.5
674
470 0
1351
3524
5 0 98 0 0
1201555
1430
144
0
132
100 0
102 1323
1312
0
31
684.6
0
86
94.5
134
JAN FEB
1343
0 0 Leaf Debris (cu.yd.)
23 MAR APR
80 711 1701 Leaf Collection (miles)
23 23 MAY 1739.75 0
23 JUNE 0 0 96 Street Sweeping (miles)
23 JULY 3855
AUG 0
23 23 SEPT 6 Sweeper Waste (cu.yd.)
23 OCT
23 NOV
23 DEC
23 JAN
23
24
STREETS / STORMWATER January 24 FYTD 24 January 23 FYTD 23
Signs Installed 6 71 5 38
Signs Repaired 20 103 27 105
Curbs Painted Yellow (ft) 0 1,675 0 1,716
New Posts Installed 8 58 13 62
Storm Catch Basins Repaired 0 2 3 9
Storm Catch Basin Repairs (hrs) 0 4 8.25 24.75
Storm Catch Basins Cleaned (l.f.) 0 6 3 3
Storm Catch Basin Cleaning (hrs) 2 6.75 1.5 4.25
Hot Mix Patching (tons) .02 21.19 0 31.25
Hot Mix Patching (hrs) 0 23 0 82.5
Cold Mix Patching (hrs) 20.25 148.4 29.5 83
Concrete Work (hrs) 5 92 4 228
Concrete Patching (cu.yd.) .31 15.18 0 39.18
Ditch Work (hrs) 0 20 0 4
Street and Alley Maintenance (hrs) 8 31 13 21
Street Sweeping (miles) 96 4,892 674 3,976.5
Street Sweeping (cu.yd.) 6 418 144 615.5
Leaf Collection (miles) 1,323 10,403 1,234 4,996
Leaves Collected (cu.yd.) 684.6 13,351.85 1,220 8,087
Page 210
Page 211
Item #14.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jan-24
Inflow & Infiltration Costs
$300,000.00
This chart indicates the amount of money the City is
spending on treating ground and / or rain water
$250,000.00 through Kent County. This cost is being offset by the
Ground Water Inflow Adjustment rate passed on to the
customers. January 2024 had a large amount of rain
$200,000.00 and snow, causing higher costs.
$150,000.00
$100,000.00
$50,000.00
$-
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24
I & I Cost
Water & Wastewater Repairs
7 Water mains and services are typically repaired at a higher
rate when drastic change in temperature occurs. This freeze
6 and thaw cycle expands and contracts the soil, causing cracks
in the water line. November 2023 had large fluctuations of
temperature, causing a large volume of repairs.
5
4
3
2
1
0
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Page 211
Page 1 of 2
Page 212
Item #14.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jan-24
Number of Brown Water Complaints
20
This chart indicates the number of
18 complaints the Department receives.
October and April on this chart are high
16 due to the flushing operation.
14
12
10
8
6
4
2
0
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Department Spotlight - December
In accordance with the Delaware Department of Health and
Social Services (DHSS), Division of Public
Health, the City of Dover proclaims this CCC Program as a
continuing effort to maintain safe potable
water. The City of Dover shall comply with the CCC
regulations in Title 16 of the Delaware
Administrative Code § 4662-21.0 Cross-Connection Control
(CCC Code).
Page 212
Page 2 of 2
Page 213
Item #15.
Page 213
Page 214
Item #15.
Finance Department Monthly Report January 2024
This page intentionally left blank
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Page 215
Item #15.
Finance Department Monthly Report January 2024
CITY OF DOVER
ACTIVITY REPORTS
January 2024
FY23 YTD FY24 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 3,302 3,377
Total Amount of All Deposits $ 126,793,465 $ 90,878,950
Other Activity
Number of Pay Periods 14 14
Number of Direct Deposits Issued 5,789 5,366
Number of Pension Checks Issued 1,597 1,558
Total Pension Benefits Paid - Defined Benefit Plan $ 3,046,982 $ 3,061,214
ACCOUNTS PAYABLE
Number of Check Vouchers 3,174 3,754
Number of EFT Vouchers 1,670 2,149
Vouchers Dollar Amount Disbursed $ 50,980,272 $ 51,190,738
FY23 YTD Wages $25,911
FY24 YTD Wages
$55,243
$59,273 $49,276 $464,095
$126,9 $502,205 $254,298
47
$455,503
$417,312
$1,019,329
$1,163,193
$1,108,310 $1,153,292
$10,450,140 $11,418,125
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Comp Time Comp Time
Other Other
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation
tracking/adjustments, etc.
PagePage
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Item #15.
Finance Department Monthly Report January 2024
City of Dover
General Fund Summary
Fiscal Year to Date (January 2024)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 18,056,100 $ 18,056,100 $ 17,416,050 96%
Program Revenues 12,354,700 12,354,700 9,391,332 76%
Utility Transfers 9,000,000 9,000,000 5,250,000 58%
Grants 883,500 883,500 443,396 50%
Interfund Services 6,236,400 6,236,400 2,898,111 46%
1 4,066,000 4,221,000 2,000,653 47%
All Other
$ 50,596,700 $ 50,751,700 $ 37,399,544 74%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 34,903,300 $ 34,890,200 $ 18,208,423 52%
Interfund Services 12,177,000 12,177,000 6,508,263 53%
Debt Service 630,700 630,700 367,610 58%
Post Retirement Benefits 2,548,000 2,548,000 1,486,333 58%
Pension Fund Contributions 1,000,000 1,000,000 250,000 25%
Capital Project Transfers 2,920,100 2,947,100 2,203,575 75%
2 3,052,800 3,052,800 1,230,810 40%
All Other
$ 57,231,900 $ 57,245,800 $ 30,255,014 53%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense
and Trf to Economic Development Reserve Fund.
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Item #15.
Finance Department Monthly Report January 2024
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Revised Budget Actual
General Fund Expenditures
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Revised Budget Actual
PagePage
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Page 218
Item #15.
Finance Department Monthly Report January 2024
City of Dover
Water Fund Summary
Fiscal Year to Date (January 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,550,000 $ 6,550,000 $ 3,979,468 61%
Impact Fees 225,000 225,000 160,654 71%
Rents 435,500 435,500 435,588 100%
Miscellaneous 1 75,200 75,200 214,660 285%
$ 7,285,700 $ 7,285,700 $ 4,790,370 66%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 4,156,100 $ 4,156,100 $ 1,994,752 48%
Interfund Services 1,138,000 1,138,000 524,324 46%
Debt Service 700,000 700,000 334,509 48%
Post Retirement Benefits 226,900 226,900 132,358 58%
Capital Project Transfers 1,536,700 1,536,700 1,152,525 75%
Electric I&E Fund Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 291,667 58%
All Other 2 32,000 32,000 12,091 38%
$ 8,314,700 $ 8,314,700 $ 4,442,225 53%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
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Item #15.
Finance Department Monthly Report January 2024
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Revised Budget Actual
Water Expenditures
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Revised Budget Actual
Page 7
Page 219
Page 220
Item #15.
Finance Department Monthly Report January 2024
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (January 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 10,326,000 $ 10,326,000 $ 6,035,506 58%
Impact Fees 225,000 225,000 147,321 65%
Miscellaneous 1 50,200 50,200 255,680 509%
$ 10,601,200 $ 10,601,200 $ 6,438,506 61%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,649,200 $ 1,649,200 $ 828,768 50%
Kent County Treatment Fee 4,730,000 4,730,000 2,082,097 44%
Interfund Services 870,900 870,900 399,082 46%
Debt Service 696,200 696,200 331,731 48%
Post Retirement Benefits 110,000 110,000 64,167 58%
Capital Project Transfers 2,270,900 2,270,900 1,703,175 75%
Electric I&E Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 291,667 58%
All Other 2 15,000 15,000 3,886 26%
$ 10,867,200 $ 10,867,200 $ 5,704,573 52%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees.
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Item #15.
Finance Department Monthly Report January 2024
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Post Retirement Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee Benefits
Original Budget Revised Budget Actual
Page 9
Page 221
Page 222
Item #15.
Finance Department Monthly Report January 2024
City of Dover
Electric Fund Summary
Fiscal Year to Date (January 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 92,743,400 $ 92,743,400 $ 52,027,448 56%
1 2,299,000 2,299,000 3,056,786 133%
All Other
$ 95,042,400 $ 95,042,400 $ 55,084,234 58%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 82,658,600 $ 82,856,900 $ 27,938,437 34%
Electric Operating Div. Exp. 9,208,700 9,208,700 5,114,242 56%
Interfund Services 4,227,500 4,227,500 1,974,705 47%
Debt Service 1,482,600 1,482,600 817,450 55%
Post Retirement Benefits 997,000 997,000 581,583 58%
General Fund Transfer 8,000,000 8,000,000 4,666,667 58%
2 3,004,900 3,004,900 1,165,602 39%
All Other
$ 109,579,300 $ 109,777,600 $ 42,258,686 38%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees,
New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate
Stabilization, Penalties, Green Energy Charges, and Delay Damages.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible
Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 760,876 760,876 432,383
Sales per MWh $119.74 $119.74 $118.44
Purchased/Generated MWh 773,010- 773,010- 462,529-
All In MWh Supply & Generation $106.87 $107.12 $60.33
Page Page
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Item #15.
Finance Department Monthly Report January 2024
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Revised Budget
Actual
Customer Sales All Other 1
Electric Fund - Expenditures
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Div. Post Retirement
Interfund Services Debt Service General Fund Transfer All Other 2
Generation Exp. Benefits
Original Budget $82,658,600 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Revised Budget $82,856,900 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Actual $27,938,437 5,114,242 1,974,705 817,450 581,583 4,666,667 1,165,602
Original Budget Revised Budget Actual
Page Page
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Page 224
Item #15.
Finance Department Monthly Report January 2024
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (January 2024)
Original Budget Revised Budget Actual % General Fund Divisions % of Budget
City Clerk $ 414,200 $ 414,200 $ 208,834 50%
Council 260,000 260,000 132,777 51% Mayor
Fire 851,600 851,600 522,532 61% Human Resources
Grounds 1,741,100 1,741,100 957,551 55% Customer Services
Library 2,040,700 2,040,700 1,083,525 53%
Fleet Maintenance
Recreation 1,549,600 1,549,600 849,589 55%
Procurement & Inventory
Life Safety 690,600 690,600 341,137 49%
Code Enforcement 1,173,600 1,173,600 391,696 33% Engineering
Planning 826,100 826,100 341,180 41% Facilities Management
Public Inspections 800,800 800,800 405,184 51% Pub. Services Administration
Police 21,550,900 21,523,900 11,587,611 54% Finance
Police Extra Duty 405,000 405,000 343,055 85%
Information Technology
Streets 768,600 782,500 380,117 49%
Sanitation 3,060,100 3,060,100 1,473,905 48% City Manager
Stormwater 906,400 906,400 328,699 36% Stormwater
City Manager 1,300,100 1,300,100 723,009 56% Sanitation
Information Technology 874,100 874,100 447,805 51% Streets
Finance 1,032,300 1,032,300 387,923 38%
Police Extra Duty
Pub. Services Administration 646,900 646,900 341,105 53%
Police
Facilities Management 822,100 822,100 444,797 54%
Engineering 279,300 279,300 160,194 57% Public Inspections
Procurement & Inventory 873,600 873,600 495,693 57% Planning
Fleet Maintenance 1,078,600 1,078,600 686,260 64% Code Enforcement
Customer Services 1,417,500 1,417,500 749,943 53%
Life Safety
Human Resources 501,300 501,300 210,704 42%
Recreation
Mayor 245,200 245,200 132,286 54%
$ 46,110,300 $ 46,097,200 $ 24,127,111 52% Library
Grounds
Fire
Council
City Clerk
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Page Page
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Finance Department Monthly Report January 2024
Item #15.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (January 2024)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 386,500 $ 386,500 $ 160,247 41%
Water Department 862,100 862,100 408,835 47%
Water Treatment Plant 2,907,500 2,907,500 1,425,671 49%
$ 4,156,100 $ 4,156,100 $ 1,994,752 48%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 304,100 $ 304,100 $ 85,910 28%
Wastewater Department 1,345,100 1,345,100 742,857 55%
$ 1,649,200 $ 1,649,200 $ 828,768 50%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 4,893,100 $ 4,893,100 $ 2,757,177 56%
Electrical Engineering 1,826,600 1,826,600 906,931 50%
Administration 1,020,200 1,020,200 596,507 58%
Meter Reading 460,500 460,500 315,548 69%
Systems Operations 1,008,300 1,008,300 538,079 53%
$ 9,208,700 $ 9,208,700 $ 5,114,242 56%
Page 225
Page 13
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Finance Department Monthly Report January 2024
Item #15.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
36% 38% 40% 42% 44% 46% 48% 50%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 10% 20% 30% 40% 50% 60% 70% 80%
Page 226
Page 14
Page 227
Finance Department Monthly Report January 2024
Item #15.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (January 2024)
General Fund Original Budget Revised Budget Actual %
Fire $ 419,600 $ 419,600 $ 208,112 50%
Code Enforcement 34,600 63,600 42,369 67%
Public Works Admin 30,000 30,000 - 0%
Public Works Eng 48,300 48,300 41,322 86%
Police 1,186,500 1,347,500 398,375 30%
Streets 852,300 3,588,300 236,305 7%
Sanitation 707,800 1,464,400 32,313 2%
Stormwater 1,135,000 3,544,200 120,600 3%
Grounds 214,500 249,300 236,160 95%
Library County Grant - 87,300 57,365 66%
Recreation 835,000 2,900,600 864,258 30%
Inspections - 30,100 30,068 100%
Purchasing - 70,000 - 0%
Information Technology 115,500 115,500 20,642 18%
Facilities Management 80,000 159,300 76,249 48%
Fleet Maintenance 30,000 535,700 322,585 60%
General Fund Capital Projects $ 5,689,100 $ 14,653,700 $ 2,686,723 18%
Water Fund
Water $ 4,579,300 $ 6,093,000 $ 787,060 13%
Water Engineering 48,000 48,000 41,322 86%
Water Treatment Plant 56,500 423,300 113,237 27%
Water Fund Capital Projects $ 4,683,800 $ 6,564,300 $ 941,619 14%
Wastewater Fund
Wastewater $ 2,576,900 $ 4,428,600 $ 333,880 8%
Wastewater Fund Capital Projects $ 2,576,900 $ 4,428,600 $ 333,880 8%
Electric Fund
Electric Generation $ 275,000 $ 12,723,400 $ 244,407 2%
Transmission/Distribution 2,497,400 2,936,100 1,170,478 40%
Electrical Engineering 2,076,000 8,686,700 842,258 10%
ERP System - 1,856,000 3,500 0%
Electric Administration 2,000,000 2,500,000 687,500 28%
Electric Fund Capital Projects $ 6,848,400 $ 28,702,200 $ 2,948,143 10%
TOTAL CAPITAL PROJECTS $ 19,798,200 $ 54,348,800 $ 6,910,365 13%
Page 227
Page 15
Page 228
Finance Department Monthly Report January 2024
Item #15.
Capital Outlay - All Divisions
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Original Budget Revised Budget Actual
Capital Outlay - By Fund
$35,000,000
$30,000,000 $28,702,200
$25,000,000
$20,000,000
$14,653,700
$15,000,000
$10,000,000
$6,848,400 $6,564,300
$5,689,100
$4,683,800 $4,428,600
$5,000,000 $2,948,143
$2,576,900 $2,686,723
$941,619 $333,880
$-
Original Budget Revised Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
Page 228
Page 16
Page 229
Item #16.
DOVER FIRE DEPARTMENT
January 2024
FIRE CHIEFS REPORT
Page 229
Page 230
Item #16.
Mayor and Council,
The Dover Fire Department responded to 125 calls in the month of January consisting of 924
personnel hours.
Members performed 44 hours of training consisting of 540 personnel-hours.
Total Personnel hours for the month of January- 1,464
Major incidents
Phoenix Drive - House Fire
MVC’s
Hopkins Avenue MVC with entrapment
Whiteoak and Garrison Oak Drive
Forrest Avenue in front of Modern Maturity
Promotions
Drivers
Eric Dawson – Cleared Engine Driver
Carson Weiers – Cleared Engine Driver
I would like to Thank everyone who assisted with Operation Santa in December. This is a huge
undertaking. We travel over 700 miles throughout the fire district over the 5-day period.
I would also like to Thank everyone who attended the Christmas parade. We had 40 people on
the street walking and riding apparatus.
Assistant Chief Brown was sworn in as the 1st Vice President of the Kent County Fire Chiefs
Association.
The City Budget has been submitted for FY24-25.
The President and I are working together on future Stipends.
Ladder 2
Final inspection of Tower 2 is January 23-25th, we are looking for duty crews around the clock
while several of us are at Pierce.
SAFER Grant
Page 230
Page 231
Item #16.
Assistant Chief Bashista and I have met with Chief 360 regarding marketing our department for
recruitment and retention. Chief Bashista will cover in more detail. This is being paid for by our
SAFER Grant.
Saturday, President Osika, VP Bashista, DC Christiansen, went to Rehoboth to review their
recruitment and retention program. I can't stress enough the culture change that is going to
take place in our department.
Breaking the entitlement – it's about the department not about you we appreciate those who
give a lot of time.
WMD, Weapons Member Destruction - If you have an issue contact me or the president. Don't
sit around the table and complain come to us and get answers, or give suggestions to help us
improve the department
We want to continue to build the family atmosphere.
Fire Administrative Manager
Stephen Jones is the new Fire Administrative Manager. Stephen has been in the fire service for
38 years. He started volunteering as a teenager in Prince Georges and Queen Ann’s County in
Maryland, later hired by Montgomery County Fire Department.
Stephen retired as the Division Chief of Operations in Montgomery County Fire Department in
Maryland, which serves over 1 million people in over 496 square miles. Consisting of 37 Stations;
an EMS Section; 5 Special Operations Teams; a Communications Center; Fire Marshal’s Office;
Investigation; Bomb Squad; and more than 1,100 career and 800 volunteer fire-rescue personnel.
He was the direct supervisor for 4 operational shift Assistant Chiefs and 5 major section
Assistant Chiefs (Emergency Communications, EMS, Special Operations, Fleet and Public Safety
Systems Modernization). Collectively, with operations staff, supervised 26 Battalion Chiefs to
manage and supervise career and volunteer staff.
He also held the positions of Assistant Chief of Duty Operations, Battalion Fire Chief of
Operations, Captain, Operations Station Commander and Lieutenant of Operations in the
Communications Center.
Stephen has a Master of Business Administration, Certificate Human Resource
Management and a Bachelors in Fire Science.
Stephen's education and experience will be an asset to the Dover Fire Department as we
move forward into the future.
Page 231
Page 232
Item #16.
He is currently Lieutenant, Vice President and on the Board of Directors in Church Hill Fire Company.
Stephen will tentatively begin work on January 29th.
Duty Crews
As mentioned, by President Osika you must be signed up on a crew to eat. I am working with Chief 360
on an easier way to sign up in the future. If there is something, we can do now to make this easier let
me know.
Utility 1 – When Utilizing Utility 1 for food. We need to ensure we are not parked in fire lanes.
And if there is a call to drive with common sense. The utility was running 90Mph trying to get
back to make a truck for a run.
Mutual Aid
Recently, there was a video posted by Camden Wyoming Fire Company that caused animosity
among our members including myself. The action that was posted is not standard practice and
posting something like this shows a poor decision that was made on their part. While they
took a shot at us by posting this, it does not change how we will do business. We will continue
to be professional, do our assigned jobs and do them well and not make inappropriate
comments. I have met with their Deputy Chief, and we agree there will be no change in the
operations that we perform together.
Deputy Chief Christiansen and I met with Chief Bundek and Deputy Chief Gavin regarding our
relationship between the two departments. At one time, Dover and Little Creek fire companies
were very close and relied on each other for everything. We are committed to rebuilding this
relationship. If they are doing something that isn't right. Help them! Do not put them down or
argue. If they are doing something that isn't the way we would do it, maybe they have a better
way that works for them. We are none perfect and we all can learn from each other, and we
need each other to be successful. If there is a problem, let me know and I will work with them
for a resolution.
In the end, when we are working with mutual aid. Treat them how you would expect to be
treated by them. Being an asshole towards other fire company, St Francis or Dover PD does
nothing but causes animosity amongst us. One day we are going to need them and if we do not
treat them right, they may not be there when we need them most.
While there may be tension at times, we are committed to building better relationships with
our neighbors.
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Item #16.
We will work with our mutual aid departments, St Francis and Dover Police, if any issues are brought to
us due to members actions, it will be dealt with. If you have an issue with DPD its to come to the Chief or
President.
Live-in Program
As mentioned, the President and I have been working on the live-in program.
Driving
We had a minor backing accident with Engine 1. We need to be using spotters when we are
backing apparatus.
No one should be riding the back of apparatus except loading hose.
Motions: Make a motion to leave the cameras in place at this time pending the outcome of the upcoming
meeting with the Dover Police Chief and Major and to not meet with the mayor since we are meeting with
the police department leadership.
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City of Dover Item #17.
Police Department
Monthly Report
January 2024
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CITY OF DOVER DEPARTMENT OF POLICE Item #17.
400 SOUTH QUEEN STREET
DOVER, DELAWARE 19904
302-736-7111
Chief of Police Police Captains
THOMAS A. JOHNSON, JR. RANDY ROBBINS
Deputy Chief of Police KEVIN KOBER
DAVID E. SPICER AARON DICKINSON
March 11, 2024
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for January:
COMPLAINTS/EVENTS
YTD Totals compiled through December numbered 3,710.
This represents an increase of 368 from the 3,342 reported over the same period in 2023.
4,000 3,786 3,710
3,229 3,342
2,867
3,000
2,000
1,000
0
2019 2020 2021 2022 2023
CRIMINAL INVESTIGATIONS
Burglary: 6 cases reported, 5 cases cleared and 0 cases were cleared from previous months.
Robbery: 4 cases reported, 3 cases cleared and 0 cases was cleared from previous months.
Sex Assault: 3 cases reported, 2 case cleared and 0 cases was cleared from previous months.
Homicide: 0 cases reported, 0 cases cleared and 0 cases cleared from previous months.
There were 8 Non-Criminal Death Investigations, 8 cases cleared and 0 cases cleared from previous months.
1
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Item #17.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 6,098.7 grams seized
Cocaine: 207.01 grams seized
Ecstasy: 47 doses seized
Prescription Pills: 18 doses seized
Heroin: 4.294 grams seized
Methamphetamine: 0 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 18 grams/doses seized
Drug Proceeds: $37,537 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15 13
10
5 2
0 0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 15 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through January numbered 356.
This represents an decrease of 194 from the 550 reported over the same period in 2023.
1,200 1,093
1,000
800
659
600 550
408
400 356
200
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 171
2
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Item #17.
911 CENTER ACTIVITY
Total compiled during January numbered 7,128 calls.
This represents a decrease of 171 from the 7,299 reported during the same period in 2023.
7,400 7,299
7,200 7,145 7,128
7,000
6,800
6,624
6,600
6,428
6,400
6,200
6,000
5,800
2020 2021 2022 2023 2024
CITY ORDINANCE SUMMONS
YTD Totals compiled through December numbered 75.
This represents a decrease of 130 from the 205 reported over the same period in 2023.
700 590
600
461
500
400
300 223 205
200 150 123
50 92 75 53
100
0
2020 2021 2022 2023 2024
ISSUED 590 461 123 205 75
PAID 223 150 50 92 53
3
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COMMUNITY POLICING Item #17.
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement activities.
In addition to those duties, the unit accomplished the following in January:
Covered the Motor Unit with prosecution of traffic offenses in court
Assisted Code Enforcement with trespassing at 132 S. New Street (1 arrest)
Assisted Planning/Training with testing for potential Cadet candidates
Assist the Police Academy with Cultural Diversity education (Cpl. Smith)
Handled a chronic trespassing situation at the Forrest Avenue WAWA (1 arrest)
Participated in the Delaware Disability Commission Conference
Provided CPR training to the Adult Staff of William Henry M.S.
Provided CPR training to selected students at the Dover M.S.
PAL engaged 44 middle school students with a series of after-school basketball events
Assisted the DSU Police Chief with his State of Delaware training requirements
Participated in the United Against Hate Seminar
Conducted multiple property checks where trespassing has been reported
Strategic Planning meeting regarding the Behavioral Health Unit mission
Participated in efforts to support a young child with a life-threatening cancer diagnosis
Participated in Cocoa with a Cop at Mission BBQ
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
(Occurred at a much higher rate this month due to staffing challenges)
Training events included SORT members monthly obligations & the Command School
assigned to the Sergeant
The BHU made contact with 69 individuals and took official action to provide services to 42
of them. 34 were mental health supports and 8 were substance abuse referrals.
Members of the CPU attend numerous meetings with community associations and organizations as a
part of our ongoing liaison relationships.
CHIEF’S ADVISORY COMMITTEE
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the
various operations of the agency.
The Committee met on January 11th as scheduled. The Committee reviewed the slide deck and other
elements of the “United Against Hate” presentation scheduled for January 25th to offer suggestions and
possible modifications to the content. The group appeared satisfied with the topic, the format and
quickly began the conversation on how to expand the message beyond the original seminar.
The Chairperson attended and reported back on a meeting with Mayor Christiansen and representatives
of the ACLU and LWV. In short, it was agreed that when the time was right, those organizations would
be kept in the loop regarding the formalization of the Advisory Committee within the City of Dover. In
short, we are just waiting for any decisions made by the POST commission that might impact the
process.
4
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The Chief provided an overview of the data, related to the Dover PD, found in the latest State of Item #17.
Delaware Police Integrity Report. There did not appear to be any unexplained numbers that would be
considered statistical outliers when viewed against historical data. Definitions of key terms were
provided and members were reminded of our internal procedures. Contextual information was also
provided and all questions were answered to the satisfaction of members present.
PROGRAMS AND INITIATIVES
The United Against Hate seminar was delivered on January 25th. The attendance was less than
we had hoped but the event was recorded for editing and future publication as a resource for the
agency and the community. Appreciation is extended to the Mayor and the many members of
the Delaware office of the United States Attorney as well as their counterparts in Washington
DC who made the trip to support Dover.
The recruitment and retention team and selected staff officers conducted a special zoom meeting
with the Hermosa Beach Police Department. After seeing their presentation at the IACP
Conference in October, Chief Johnson met with Chief LeBaron to discuss their success in
recruiting qualified candidates. This California agency mustered up their staff to outline their
techniques during a 90 minute meeting on January 16th. Some of their practices may have some
applicability in Delaware and were retained for future consideration.
With the concern about recruitment and retention being both a State and National concern, the
Chief attended several meetings in January within the Law Enforcement community. There is
considerable work being done toward a Statewide initiative to not only market Delaware as a
destination for professional law enforcement service but also in the zone of a common digital
point of contact/service to better connect with qualified candidates.
From a staffing perspective, our Planning and Training office conducted our second cycle
assessment day on January 21st. We still have quite a number of open police positions and a
continued shortage of qualified applicants. As expected, fewer applicants arrived for the second
cycle and roughly eight individuals passed through to the background phase. On the civilian
side, the Parking Enforcement positions are being advertised and it is expected that interviews
will occur in February. Background investigations are continuing for the position of Police
Resources Manager and we have a few leads on potential candidates for our many open Cadet
positions
Please visit our website at www.doverpolice.org for up to date information on crimes and activities
in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
5
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Item #20.
Tax Office
MEMO
TO: Mayor & Council
FROM: Allison M. Haines, Interim Customer Service Director
RE: Property Assessment Appeal Dates
I request the following dates and times be established for the 2024 Property Assessment Appeals.
June 03, 2024 – June 07, 2024 9:00 A.M. until 4:00 P.M.
One evening – if needed
The hearing times are subject to change.
If you have any questions, please feel free to contact the Tax Office.
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Item #21.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-06
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 102 - Taxation of the Dover Code Lodging Tax be amended by inserting the text
5 indicated in bold, blue font and deleting the text indicated in red strikeout as follows, as follows:
6
7 ARTICLE VII - Lodging Tax
8
9 Sec. 102-190. - Local lodging tax.
10
11 (a) A local lodging tax is hereby levied of up to three percent of the cost of the rent, in addition to
12 the amount imposed by the state and the county, for any room or rooms in a hotel, motel or tourist
13 home, as defined in 30 Del. C. §6101, within the boundaries of the city. The tax will be
14 implemented beginning July 1, 2020, at the rate of one-half of one percent for 2020; one percent
15 for 2021; and one and one-half percent for subsequent years ending upon the effective date of
16 this ordinance. The tax shall be set at three percent effective 30 days after the adoption of
17 this ordinance.
18
19 (b) The local lodging tax, pursuant to this article, is the responsibility of the occupant of the room
20 and shall be collected at the time the rental is paid. Operators of the hotel, motel or tourist home
21 are responsible for the collection of the local lodging tax and the remittance of the taxes to the city
22 within 20 days after the end of each calendar month, in accordance with procedures established by
23 the city manager and using forms designated by the city finance department. The tax imposed shall
24 be shown on the billing to the occupant as a separate and distinct item.
25
26 (c)Lodging tax receipts will be accounted for in a committed fund balance account to be used only
27 for infrastructure.
28
29 (c) Failure to remit the lodging tax due, shall result in an overdue balance statement from
30 the city finance department, based upon records of lodging tax paid to the State of Delaware
31 for such period, and subject to penalty, license, or tax lien in accordance with city policies.
32
33 (d)No local lodging tax pursuant to this article shall be collected for reservations or contracts for
34 lodging executed or completed before July 1, 2020.
35
36 (d) Alternatively, the city manager is authorized to engage the Delaware Division of Revenue
37 to collect the city’s portion of the lodging tax simultaneously with the receipt of the state tax,
38 to seek collection from operators, enforce rules relating to failure to file and failure to pay,
39 and remit funds to the city.
40
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Item #21.
Proposed Ordinance #2024-06 – Amending Chapter 102 – Taxation, Article VII – Lodging Tax, Section
102-190 – Local Lodging Tax Page 2
41 (e) The first one and one-half percent of lodging tax receipts will be accounted for in a
42 committed fund balance account to be used only for infrastructure.
43
44 (f) No local lodging tax pursuant to this article shall be collected for reservations or contracts
45 for lodging executed or completed before July 1, 2020.
46
47 ADOPTED: *
48
49 SYNOPSIS
50 The amendment increases the local lodging tax of up to 3% of the cost of the rent, in addition to
51 the amount imposed by the State and the County, for any room or rooms in a hotel, motel, or tourist
52 home, as defined in 30 Del. C. §6101, within the boundaries of the City of Dover. The ordinance
53 adds provisions addressing failure to remit and authorizes the City Manager to engage the
54 Delaware Division of Revenue to collect and remit lodging tax proceeds if desired. The first 1
55 ½% will continue to be dedicated to the infrastructure fund. Any additional amount will be
56 budgeted as normal general fund revenue.
57
58 Note: The lodging tax at 1.5% generated about $500,000 in FY 2023. Estimated revenue at the 3%
59 level is approximately $1.0 million. The city bills and processes over 100 lodging tax statements
60 each month, but there are a few facilities whose operators do not remit the required tax. Whether
61 these operators collect and pocket the tax or simply ignore the requirement is unknown. The city
62 has contacted the Division of Revenue to compare lists of operators (the state can impose penalties
63 based on audit for failure to file a tax return and failure to pay an amount due – we do not have
64 that provision in the Code).
65
66 The increase in the burden on the person renting a room, based on rates quoted on local websites
67 which show hotel/motel rooms in Dover falling within a $99-$180 range, is an additional $1.50 to
68 $2.70, likely not a significant increase.
69
70 Millsboro, one of the previous holdouts, is considering adopting a lodging tax.
71 (SPONSORS: ANDERSON AND NEIL)
72
73
74 Actions History
75 03/11/2024 – Scheduled for Final Reading – City Council
76 02/26/2024 – First Reading – City Council
77 02/13/2024 – Introduction – Legislative, Finance, and Administration Committee
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