SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
A Special Safety Advisory and Transportation Committee Meeting was held on December 13, 2007, at 6:02 p.m. with Chairman Hogan presiding. Members present were Mr. Leary, Mr. Lakeman, and Mr. Link (arrived at 6:04 p.m.). Mr. Slavin was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Leary moved for approval of the agenda, seconded by Mr. Lakeman and unanimously carried.
Proposed Ordinance Amendment - Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-128 - Sprinkler Requirements
During their meeting of October 23, 2007, members considered a proposed ordinance amending Chapter 46 - Fire Prevention and Protection, Article III - Fire Code, Section 46-128 - Sprinkler Requirements, of the Dover Code. The committee recommended adoption of the proposed ordinance, with an effective date of January 1, 2008, as recommended by staff, and with the changes that the committee had noted. However, there was a misunderstanding of the date/time of this meeting by members of the committee that assisted with the development of the townhouse sprinkler ordinance who had requested the opportunity to comment on the proposed ordinance further; therefore, the proposed ordinance, as revised, was re-submitted to the Safety Advisory and Transportation Committee for their review and recommendation at this time.
Mr. Truax, Fire Marshal, advised members that in March 2007, a committee was formed to assist with the development of a townhouse sprinkler ordinance. In addition to himself, the committee consisted of representatives of the Realtors Association, Home Builders Association, Chamber of Commerce, and C.S. Kidner Associates. He stated that the proposed ordinance is as fair an ordinance as could be reached by all parties involved. Mr. Truax reviewed the proposed ordinance amendment in detail.
Mr. Hogan noted the receipt of correspondence provided to members regarding this issue (as on file in the Office of the City Clerk), as follows: 1) letter from Kent County Association of Realtors; 2) letter from Mr. Paul Eichler, Robbins Hose Fire Company; and 3) a publication entitled “Fire Sprinklers and Home Insurance” printed from the website HousingEconomics.com.
Responding to Mr. Hogan, Mr. Koenig stated that there is one new townhouse development, Senator’s Lake, that installed fire sprinklers as a result of being granted an alley waiver.
Mr. Bob MacLeish, Home Builders Association, stated that he has worked with City staff regarding this issue and explained that he struggled with placing a dollar value on safety when human lives are in question. He felt it was important to understand that the dollar value is not intended to measure human worth but rather to assist decision makers in determining how much it would cost to reduce the risk for loss of life and property. Mr. MacLeish indicated that the changes in residential construction methods and materials, and improved building codes and inspections are, by design, to adequately protect the home throughout its life without the need for fire sprinklers. In regard to older homes, Mr. MacLeish explained that there have been improved fire protection measures, such as code provisions, separation, blocking, and draft stopping, as well as improvements to emergency escape and rescue, such as electrical circuit breakers and smoke detectors. He explained that the cost for the installation of fire sprinklers involves changes to infrastructure, such as the water line, additional electrical work, etc. He stated that townhouses, by their nature, have become the affordable houses. However, additional costs for the installation of sprinkler systems would only increase the price of townhouses.
Mr. Todd Stonesifer, Kent County Association of Realtors, relayed appreciation for the opportunity to work with the Fire Marshal in the development of this proposed ordinance and commended Mr. Truax on his efforts. He reiterated that building codes and materials have improved over the years and it was their opinion that the need for the sprinkler requirements, as they relate to fire injuries or damage in the City of Dover, has been proven. As a realtor, it is his goal to help people attain home ownership. Costs for the purchase of a home continue to rise and a townhouse is currently the most affordable home in the City. As the cost increases, there will be a loss of affordability and the opportunity for many individuals to purchase a home and realize the American dream. Mr. Stonesifer urged members to consider these concerns when acting on this matter.
In response to the alley issue versus the sprinkler system, Mr. Koenig stated that the costs would depend upon whether the infrastructure for a sprinkler system would be for a new development or an existing development. From staff’s point of view, the proposed ordinance was developed for community planning and preparedness, as well as a public safety issue. There is reasonable evidence to prove these systems save lives and assets in the community over time and are worth the additional expense to require these systems in an urban environment. Mr. Koenig noted that, with growth and density increasing, the City of Dover is becoming increasingly urban; therefore, staff is taking a pro-active approach to this issue. He reminded members that the cost of housing is market driven and the cost of lumber changes everyday, which must be factored into the housing prices.
Mr. Tony Ashburn advised members that the National Home Builders Association conducted a study on the effectiveness of smoke and fire detectors and discovered that as a result of their use, there is less damage to the new housing as compared with older housing. With regards to the infrastructure costs, he explained that not only is larger piping necessary, but also the equipment; therefore, there is a significant increase in costs involved for providing sprinkler systems. He stated that he recently paid $4,500 for interior work only for a sprinkler system in a home and that there would be an additional $500 minimum for extending the necessary infrastructure to the street. He explained that as a result of these costs, there are additional costs, such as transfer tax. Mr. Ashburn noted that sprinkler systems that fail due to accidents also cause much damage.
Mr. Truax explained that sprinkler systems are heat activated devices; therefore, if there is a fire in a bedroom, that is the only location in the home where the sprinklers would be activated; however, if the bedroom is located upstairs, the water could run down to the first floor and cause water damage. He stated that when there is a fire, there is always water damage either caused by the sprinkler system or the fire company; however, the sprinkler system would prevent a fire from spreading and causing additional damage in other areas of the home.
Responding to Mr. MacLeish, Mr. Koenig explained that final approval of the Planning Commission is defined as when a subdivision has received conditional approval, provided that all agency comments have been received and addressed and there are no further amendments to the plan that would require additional review by the Planning Commission.
Mr. Link moved to recommend that the proposed ordinance be forwarded to Council for adoption and that members of Council determine the date to be included in Subsection (b), Paragraph (1) of Section 46-128. The motion was seconded by Mr. Leary.
Responding to Mr. Lakeman regarding the possibility of subjecting single family homes to these requirements, Mr. Truax stated that the sprinkler system is being proposed for townhouses due to their configuration. He noted that there is a possibility that staff will consider requesting that these requirements be considered for other construction in the future.
Mr. Jordan Ashburn of Ashburn Homes advised members that he is involved with building the Lexington Glen subdivision, which will include townhouses. It was decided to utilize masonry siding for construction of the townhouses, explaining that they were given the option of installing sprinkler systems or utilizing a non-combustible siding. He suggested that this exemption be allowed and a developer be given such options.
Mrs. Melson-Williams, City Planner, explained that the zoning ordinance includes certain requirements in the emergency access provisions related to apartments, townhouses of certain numbers, etc. She stated that what Mr. Ashburn was referring to is that, in certain instances, the townhouse can be fire protected and that the definition for fire protection includes the fire walls between units, as well as combustible siding on the exterior. Being fire protected, she advised members that it would grant some relief from the requirement for alleys behind the townhouses. The emergency access requirement can be accomplished by being fire protected and having an open rear yard; however, if the home is not fire protected, she stated that the alley would be required.
Responding to Mr. Lakeman, Mr. Tony Ashburn explained that although there are additional costs to include masonry siding, it provides benefits to a homeowner in addition to the fire protection, such as durability, aesthetics, value, etc. and that a sprinkler system serves only one purpose.
In response to Mr. Hogan, Mr. Truax indicated that he would provide additional information with regards to the fire protection regulations for the State of Maryland when this matter is presented to City Council.
The motion to recommend that the proposed ordinance (Attachment #1) be forwarded to Council for adoption and that members of Council determine the date to be included in Subsection (b), Paragraph (1) of Section 46-128 was carried with Mr. Lakeman voting no.
Farthing Woods - Waiver Requests for Street Right-of-Way Radius and Maximum Length of Cul-de-sac
Members considered waiver requests for street right-of-way radius and maximum length of cul-de-sac for the Farthing Woods Subdivision. The subject property consists of 6.89+/- acres, located on the south side of West Denneys Road, east of McKee Road. The owner of record is Denneys Road, LLC.
Mrs. Townshend, Director of Planning and Inspections, advised members that the Conceptual Subdivision Plan proposes to subdivide this tract into seventeen (17) residential lots and identify the new street to serve the development. The development will consist of a total of 17 dwelling units and residual land to be used for stormwater management, the entry road, and open space. The subdivision offers the single housing type of single family detached units on approximately 1/5th acre (approximately 8,700 S.F.) lots. The entrance street leading into the site is from West Denneys Road.
Mrs. Townshend explained that the Conceptual Plan shows the proposed street network for the subdivision, which consists of a single road (Hobbyhorse Court) that ends in a cul-de-sac. In accordance with Article VI §A15 of the Land Subdivision Regulations, the maximum length of a dead-end (cul-de-sac) street is 400 feet. Hobbyhorse Court, as shown on the plans, is approximately 850 feet. The Plan employs the street layout of Hobbyhorse Court in the manner of a long cul-de-sac due to the nature of the physical layout of the property, which is both long and narrow. Since its initial presentation, Hobbyhorse Court has had its location altered slightly to the north at the request of DNREC due to their interests in maintaining the adjacent nature preserve to the south.
In addition, Mrs. Townshend explained that the Conceptual Plan also provides a detail of the intersection of West Denneys Road and the proposed new street of Hobbyhorse Court. As shown on the Plan, there is no radius at the intersection of the Hobbyhorse Court right-of-way line at the west corner with the lands of Durham. The radius is provided on the east side of the intersection as the adjacent land is part of the subject property. In accordance with Article VI §A12 of the Land Subdivision Regulations, a radius of 25 feet is required for right-of-way lines. The request for a “zero” foot right-of-way radius results from the manner in which the property was originally subdivided. Without the purchase of additional land from the residential property owner who abuts this property, the required right-of-way radius could not be achieved. Mrs. Townshend noted that even with the “zero” foot right-of-way radius, the actual street radius for Hobbyhorse Court is still in compliance and meets all applicable requirements.
The Planning Commission recommended approval of the Dead End Street Length Waiver and the reduction of the right-of-way radius from 25 feet to 0 feet. Members were provided a summary of the requested waivers, as follows:
Street Design Standard Required Proposed Waiver
Dead End Street Length 400 feet 850 feet 450 feet
Right of Way Radius 25 feet 0 feet 25 feet
Mr. Leary moved to recommend approval of the requested waivers as recommended by the Planning Commission, seconded by Mr. Lakeman and unanimously carried.
Stonebrook East Planned Neighborhood Design - Waiver Request for Reduction of Street Radius
Members considered a waiver request for the reduction of street radius for the Stonebrook East Planned Neighborhood Design. This Plan proposes to establish a Planned Neighborhood Development on 45.03 +/- acres of land, located at the northeast corner of McKee Road and Denneys Road, north of the Mill Creek Subdivision. The Mudstone Branch forms the northern border of the site. The owner of record is CLMS Development LLC.
Mrs. Townshend, Director of Planning and Inspections, advised members that the applicant proposes the construction of a development consisting of 225 units. The proposed unit mix is 87 Townhouses and 168 Garden Apartments (condominium style). Access to the site would be provided from entrances off both McKee Road and Denneys Road.
Mrs. Townshend explained that the Plan shows the proposed street network for the subdivision. The design of the streets as shown has resulted in a waiver request for a reduction of the street radius, which pertains to the sharpness of a curve. The applicant is seeking a reduction from the required
150 foot radius to a radius of 90 feet (Land Subdivision Regulations, Appendix A, Article VI, Section A (11)).
Staff recommended approval of the reduction in the street radius while maintaining the required paved street widths and right-of-way widths. A check with turning radius diagrams should be completed to ensure radius reduction can still accommodate larger vehicles such as those needed for emergency response. Mrs. Townshend advised members that the Planning Commission recommended approval of the minimum street radius reduction waiver. Members were provided a summary of the requested waiver as follows:
Street Design Standard Required Proposed Waiver
Minimum Street Radius 150 feet 90 feet 60 feet
Mr. Lakeman moved to recommend approval of the requested waiver as recommended by the Planning Commission, seconded by Mr. Leary and unanimously carried.
Stonebrook West Planned Neighborhood Design - Waiver Requests for Reduction of Street Radius and Maximum Length of Cul-de-sac
Members considered waiver requests for reduction of street radius and maximum length of cul-de-sac for Stonebrook West Planned Neighborhood Design. The subject property is located at the northwest corner of McKee Road and Denneys Road, east of the Carlisle Village subdivision and west of McKee Road, consisting of 88.97 +/- acres. The Mudstone Branch forms the northern border of housing segment of the subdivision with a large portion of the open space land directly north of the stream.
Mrs. Townshend, Director of Planning and Inspections, advised members that the applicant proposes the construction of a development consisting of 199 units. The proposed unit mix is 44 Townhouses, 66 Duplexes, and 89 Single Family Homes. The northern portion of the property located north of the Mudstone Branch (stream) is proposed to be retained by the owner. This area to be retained is approximately 20.74 acres. Access to the residential subdivision would be provided from entrances off both McKee Road and Denneys Road. An associated subdivision, Stonebrook East Planned Neighborhood Design, is proposed to be located to the east across McKee Road.
Mrs. Townshend explained that the Plan shows the proposed street network for the subdivision which includes a street (proposed name of Clarendon Court) that ends in a dead-end. In accordance with Article VI §A15 of the Land Subdivision Regulations, the maximum length of a dead-end (cul-de-sac) street is 400 feet. She stated that Clarendon Court, as shown on the plans, is approximately 938 feet.
In addition, Mrs. Townshend explained that the Plan shows the proposed street network for the subdivision. The design of the streets, as shown, has resulted in a waiver request for a reduction of the street radius. This is pertaining to the sharpness of a curve. As shown on the plan they are seeking a reduction from the required 150 foot radius to a radius of 90 feet (Land Subdivision Regulations, Appendix A, Article VI Section A11.
In regards to the waiver from maximum dead-end street length, Mrs. Townshend noted that length of the cul-de-sac street requested is more than double the maximum length allowed by the Land Subdivision Regulations and provides the only access point to 22 lots. She explained that this area also appears to be wooded which will result in tree clearing for construction activities and site development. The utility design currently involves a dead-end water line to serve the area which is not permitted; the utility line design will have to address this but there are several options to consider. In the Conceptual Plan, this street terminated in a loop design with a central median serving a total of only 19 lots. There is a lack of opportunity for an interconnection of Clarendon Street to other streets due to environmental concerns, such as wetlands.
In regards to the waiver for street radius, staff recommended approval of the reduction in the street radius while maintaining the required paved street widths and right-of-way widths. A check with turning radius diagrams should be completed to ensure radius reduction can still accommodate larger vehicles such as those needed for emergency response.
Mrs. Townshend advised members that the Planning Commission recommended approval of the dead end street length waiver and the minimum street radius reduction waiver. Members were provided a summary of the requested waivers as follows:
Street Design Standard Required Proposed Waiver
Dead End Street Length 400 feet 938 feet 538 feet
Minimum Street Radius 150 feet 90 feet 60 feet
Mr. Lakeman moved to recommend approval of the requested waivers as recommended by the Planning Commission, seconded by Mr. Link and unanimously carried.
Blue Hen Apartments - Waiver Requests for Reduction of Minimum of Street Right-of-Way Width and Elimination of Emergency Rear Access Requirements
Members considered waiver requests for reduction of minimum of street right-of-way width and elimination of emergency rear access requirements for Blue Hen Apartments. The subject property is located east of Bay Road behind the Blue Hen Corporate Center, consisting of 20.66 +/- acres. The owner of record is Blue Hen Apts., LLC.
Mrs. Townshend, Director of Planning and Inspections, advised members that the Site Plan proposes 162 apartment dwelling units. The development will consist of a total of 13 buildings and residual land to be used for stormwater management, the entry road, and open space. The entrance streets leading into the site are off of South Little Creek Road and Blue Hen Boulevard.
Mrs. Townshend explained that, in accordance with Article VI § A13.1 of the Land Subdivision Regulations, the minimum street width right-of-way for dedication is 60 feet. The applicant is requesting a reduction in the width to 50 feet. This requested reduction in the right-of-way is based on the geometric shape of the parcels. The Plan will extend the dedication of Blue Hen Boulevard east to the intersection with Blue Hen Lane. Due to the geometric shape of the parcels, she stated that it is difficult to provide the minimum 60 feet of right-of-way. The paved street portion of the street is in compliance with the minimum street requirements. Sidewalks will be located on the north side of the road and partially on the south side in front daycare.
Mrs. Townshend also explained that in accordance with Article 5 §17.5(a) of the Zoning Code a 16 foot alley or an 18 foot secondary fire lane and an 18 foot subgrade emergency access lane for two (2) and three (3) story apartment buildings is required. The applicant is requesting a waiver for the elimination of these requirements. The existing circulation layout provided a 24 foot fire lane access across the front and one side of each building.
Mrs. Townshend advised members that the Planning Commission recommended approval of the waivers for the reduction in the minimum street right-of-way from 60 feet to 50 feet and the elimination of the emergency rear access. Members were provided a summary of the requested waivers as follows:
Street Design Standard Required Proposed Waiver
Minimum Street Right-of-Way 60 feet 50 feet 10 feet
Zoning Ordinance
Emergency Rear Access for 16 ft alley or 18 ft None Elimination of
2-3 Story Apartment Buildings secondary fire lane required alleys
and an 18 ft subgrade
emergency access lane
Mr. Link moved to recommend approval of the requested waivers as recommended by the Planning Commission, seconded by Mr. Leary and unanimously carried.
Briefing on MPO Projects
Due to the absence of Ms. Wieczoreck, there was no briefing on MPO Projects provided to members.
As a reminder, Mr. Hogan noted that members will be prioritizing transportation projects and requested that members begin to give this consideration to be discussed at an upcoming meeting.
Responding to Mr. Hogan regarding the possibility of making North and West Streets one-way, Mr. Koenig, Director of Public Utilities, indicated that he was not aware of this concept being considered by DelDOT. He stated that DelDOT is considering the extension of Water Street across the Railroad Tracks into the Eden Hill Farm in association with the Transit Complex of their planning. There have been discussions about elevating North Street, although it was his feeling that it would not be feasible or possible. As a result of several concerns with regards to the traffic expected to be generated by the development of the Eden Hill Farm, Mr. Koenig stated that there are multiple projects under consideration such as the Clarence Street Extension, signalized intersection at Banning Street for the Eden Hill Medical Center, extension of Saulsbury Road, and the West Dover Connector.
Mr. Link moved for adjournment, seconded by Mr. Lakeman and unanimously carried.
Meeting Adjourned at 7:28 P.M.
Respectfully submitted,
Kenneth L. Hogan
Chairman
KLH/TM/jg
S:ClerksOfficeAgendas&MinutesCommittee-Minutes200712-13-2007 SPECIAL SA&T.wpd
Attachment
Attachment #1 - Proposed Ordinance Amendment to Chapter 46 - Fire Prevention and Protection, Article III - Fire Code, Section 46-128 - Sprinkler Requirements, of the Dover Code