????????????????????????????????????????????????? CITY OF DOVER PLANNING COMMISSION
?????????????????????????????????????????????????????????????????????????????? July 16, 1996
????????????????????????????????????????????????????????????????????? MEMBERS PRESENT
?????????????????????????????????????????????????????????????????? Mr. John Friedman, Chairman
Mr. Clarence Hicks??????????????????????????????????????????? Mr. Thomas Holt???????????????????????? Mrs. Ann Horsey
Mrs. Rexene Ornauer???????????????????????????????????????? Mr. David Outten
?????????????????????????????????????????????????????????????????????? MEMBERS ABSENT
Mr. Theron Boots ???????????????????????????????????????????? Mr. John G. Davis, Sr.???????????????? Mr. William DiMondi
?????????????????????????????????????????????????????????? MAYOR AND COUNCIL PRESENT
Councilman Reuben Salters?????????????????????????????????????????????????????????????????????????????????? Councilman Thomas Leary
???????????????????????????????????????????????????????????????????????? OTHERS PRESENT
Mr. Glen Bennett?????????????????????????????????????????????? Mr. Steve Coury????????????????????????? Mr. Anthony DePrima
Mr. David Edgell??????????????????????????????????????????????? Ms. Eileen K. Guerke????????????????? Mr. Edward H. Ide
Mr. Scott Koenig?????????????????????????????????????????????? Mr. James F. McGillin????????????? Mr. Mike Petit de Mange
Mr. Brian Newswagner????????????????????????????????????? Reverend Joyce Phillips??????????????? Mr. Ron Phillips
Mr. Ian Quartey??????????????????????????????????????????????? Mr. Bill Shellhardt??????????????????????? Ms. Alvena Wallace
Lt. Gregory Warren???????????????????????????????????????? Mr. Donald D. Weber
ROLL CALL
Chairman Friedman called the Planning Commission Meeting to order at 7:00 p.m.? Roll call indicated five?? members present and four members were absent.? Mr. Holt arrived shortly thereafter.
APPROVAL OF AGENDA
Mrs. Ornauer moved for approval of the agenda, seconded by Mr. Outten and unanimously carried.
COMMUNICATIONS & REPORTS
None
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mr. DePrima advised the audience of the policies and procedures for the meeting.
NEW DEVELOPMENT APPLICATIONS
1)??? S-96-21? YMCA of? Delaware Updated Site Plan.? Public Hearing and Action on Site Plan to permit the construction of a 15,350 square foot building addition and associated parking area at the Dover YMCA located on a 3.44 acre parcel zoned IO (Institutional-Office) on the easterly side of South State Street approximately 250+/- feet north of Roosevelt Avenue.? This plan was previously approved as C-94-8 on November 21, 1994 by the Planning Commission.? Since that time the design of the project has changed significantly (including a different building size and position, parking layout, playground area, and entrance design) warranting review as a new application by the Planning Commission.? The owner of record is the YMCA of Delaware.
Applicants and/or Representatives:
Ms. Eileen K. Guerke of YMCA
Mr. Edward H. Ide of JAED Corporation, Project Manager
Mr. Brian Newswagner, Architect
Mr. Glen Bennett of Bancroft Construction
Michael Petit de Mange gave a brief overview of the plan and displayed the original plan that was approved in November 1994? to highlight the revisions made to the plan as a result of a recent survey that was done as a stake out for the new parking area.? He noted that the planning staff is asking that the cross access easement that is referenced on plan for the property be recorded before issuance of a Certificate of Occupancy.
Mr. DePrima addressed the deficiency with the public notice due to the YMCA failing to publish the notice in the newspaper.? Since the adjacent property owners received mailed notices the meeting will be open for public hearing and then application should be tabled.? The public comment period will be kept opened for the next meeting to take comments from anyone as a result of the newspaper public notice.
Mr. DePrima asked if Certificate of Occupancy would be applied for by next month.? Mr. Bennett stated that completion date is scheduled for October.
Mr. DePrima explained that the project has changed because the original site plan was based on was an incorrect survey and was not picked up until staking was done for the parking area.? This caused the parking design to change.? In addition, the YMCA decided to construct a smaller building.? He stated that between the building foot print, the? parking lot change, and since the zone change has caused change with the setbacks and parking requirements it was enough to warrant a review.
Mrs. Ornauer asked if the sidewalk would be moved closer to the street and if sidewalk was in compliance with City Code?? Mr. Ide said it would not be moved.? Mr. Koenig confirmed that the side walk is existing and does not meet the separation between curb and sidewalk code however, it is on a State maintained right of way.
Mr. Outten asked if the play ground size would remain the same and if comment # 7 regarding 2 parking spaces shown between the playground and the Mitchell property would be eliminated?? Mr. Ide commented the spaces could be eliminated.
Continued - S-96-21? YMCA of? Delaware Updated Site Plan
Mrs. Horsey noted that on the old plan there was landscape buffering extended all the way to the alley and it does not look like it has been included on the new plan.? Mr. Ide stated it was existing.?? The plan also does not show any buffering by the Tudor property.? Mr. Petit de Mange said it needed to be addressed in out report.?? Mr. Petit de Mange pointed out that there was some existing rather large hedge and trees along the perimeter that ends short of the alley and they have begun to show some evergreen that perhaps could be continued or a combination of landscaping and fencing to complete screening.
Mrs. Horsey asked if the big holly tree in the middle of the parking lot was planned for relocation?? Mr.? Bennett has spoken to the landscaper regarding relocation and they have suggested that another tree of similar size will planted because the holly most likely will die if relocated.
Mrs. Horsey noted that the required amount of parking spaces is 117 and proposed spaces is 149, she asked if some spaces could be eliminated around the holly tree in order to save it?? Mr. Ide said they would look into.
Mr. Hicks inquired about the width of the green space between parking lot and South State Street and in the islands.? Mr. Petit de Mange described the green space area from the curb to the edge of the parking lot to be? approximately 10 feet just at a gradual taper down to a point where the sidewalk and parking lot corner meet.? The parking lot islands vary in size, a couple? average about 6-8 feet in width and some that we pointed out in report that are? planning space between curb will be 3' and recommended in report that those be enlarged.
Mrs. Ornauer commented that the landscape plan may not be accomplished with the limited green space.? Mr. Ide stated they did not have any opposition to moving the parking lot as far back to the building as possible and creating a larger green space.? After some discussion Chairman Friedman asked how the applicant felt about shifting everything back to the east to pick up more space on South State Street.? Mr. Ide said it would not be problem
Chairman Friedman opened the public hearing and asked for any comments for or against this application.
Mr. Steve Coury of 92 Orchard Avenue? asked where all the water would go?? Mr. Ide said the water management will be implemented.? Mr. Coury pointed out that at this time there is a big problem with water that comes down like a stream to the dead end that fills up the sidewalk and fills up the street and the water stands 2-3 days attracting mosquitoes, gnats, etc.
Chairman Friedman pointed out that Kent Conservation requires a stormwater management plan which was submitted with application and the issue has been addressed.? Mr.? Koenig stated his department had not received any complaints from Orchard Avenue and if there is an existing problem someone should notify the office.? He noted that this would be looked at and make sure that the construction does not make it worse and try and address current problem.
Mr. Coury asked if drains were indicated on the plan.? Mr. Ide said the catch basins constructed are actually exfiltration, drain in and drain out.? He said the ditches in back were not planned for any improvements to the back corner of property and Kent Conservation District did not see as a concern.? Mr. Ide suggested that they should meet with Mr. Coury at the site and see what kind of problems there is and identify.
Continued - S-96-21? YMCA of? Delaware Updated Site Plan
Mr. Bill Shellhardt of 87 Morris Drive stated that the plan was misleading where the evergreens were shown on? the entire length of his property where the site plan shows coming up to about 40' of his 146'.? He said he has been assured that this has been taken care of but he would like to note for the record that there is a hedge row and about three cherry trees partially? on the YMCA's and? on Tudor's property? and rest is good habitat for rabbits and it is not fine shrubbery.? The other item he is concerned with is his pool on the other side of his property, there is a swell that drops behind the fence that the YMCA is going to place and he does not want to have any changes of the water flow in his direction because it would flood his pool.? He also noted for the record that there was no shrubbery in that area at all.? Ms. Guerke stated for the record that they were going to put shrubbery in.
Chairman Friedman asked if anyone else had any comments for or against this application.? When no one spoke, he stated the public hearing would be kept open till the next meeting.
Mrs. Ornauer moved to recess the Public Hearing.
Mrs. Ornauer moved to table application S-96-21? YMCA of? Delaware Updated Site Plan till the next meeting in August.? Mrs. Horsey seconded and the motion was unanimously carried.
Mr. Ide stated they accepted the recommendations and changes mentioned this evening and they would comply and submit the revised site plan by August 9.
Chairman Friedman reminded the Commission that a decision was made last night to have a motion to request that the City forward a letter to DelDOT but was not done formally.?
Mrs. Ornauer moved for the City of Dover Planning Staff to write a letter to the Delaware Department of Transportation urging DelDOT to enlarge the turning radius at the southwest corner of Forrest Avenue (Delaware Route 8) and Saulsbury Road during the widening of both sides of Saulsbury Road from Forrest Avenue to North Street extension.? This is recommended to improve the ability of semi-trailer trucks and other large vehicles to turn onto Saulsbury Road from Route 8 in route to west Dover industrial sites.? Presently, some large trucks must mount the curb at that site to complete the turn.? While the Saulsbury Road widening is underway, correction could also be made at the intersection.? Mr. Outten seconded and the motion was unanimously carried.
2)??? S-96-18? Delaware State Police Museum and Education Center.? Public Hearing and Action on Site Plan to permit the construction of a 6,300 square foot building to house a museum and education center associated with the Delaware State Police on a 14.42+/- acre parcel zoned IO (Institutional-Office), located on the east side of Route 13 approximately 350+/- feet from the north entrance of the Dover Mall.? The owner of record is the State of Delaware.
Continued - S-96-18? Delaware State Police Museum and Education Center
Applicants and/or Representatives:
Lt. Gregory Warren Delaware State Police, Building Committee Chairman for the
?? Delaware State Police Museum Incorporated
Mr. James F. McGillin, AIA of McGillin Architecture Inc.
Mr. Donald D. Weber of Century Engineering Inc, Project Engineer
Mr. Petit de Mange presented the plan and pointed out that the applicant had submitted a revised plan primarily to demonstrate the additional parking that was needed to meet the requirements.? He noted that a recommendation regarding the bus loading area be made more parallel so that loading and unloading could occur and not impede any traffic flow, was done and revised.? He also noted that the applicant is requesting a waiver of the frontage sidewalk requirement because this site is isolated with respect to frontage sidewalks and the entrance areas would result in excessive crossing distances along the front.
Mr. Weber stated they would comply with the D.A.C. comments and request waiver of sidewalk.
Mrs. Ornauer questioned the sidewalks?? Mr. Weber stated they were concerned with access right from north bound on Route 13 pointing out that any one walking there would be exposed to vehicles traveling 40-45 mph.?
Chairman Friedman opened the public hearing and asked for comments, for or against this application.?? When no one spoke, he closed the public hearing.
Mr. Hicks made the motion to approve S-96-18? Delaware State Police Museum and Education Center with D.A.C. comments and including the sidewalk in front of the piece of property that is being developed and? excluding remaining frontage sidewalk.? Mr. Holt seconded and the motion was carried with one opposed.? Mrs. Ornauer opposed stating that the sidewalk being required is a total waste and doesn't accomplish anything.
3)??? C-96-2 Faith Unity Fellowship Ministries.? Public Hearing and Action on Conditional Use Plan to permit the use of a vacant single story brick building On South New Street (approximately 120 feet North of the intersection of New and Loockerman Streets) as a place of worship. The building has a floor area of 800 square feet, and is situated on a .044 +/- acre property zoned C-2 (Central Commercial).? The owner of record is Reuben Salters.? The lessor is Faith Unity Fellowship Ministries Inc..
Applicants and/or Representatives:
Reverend Joyce A. Phillips
Alvena Wallace
Mr. Petit de Mange gave an brief overview of the change of use review and pointed out that comments were? minimal.
Reverend Phillips stated they accepted all the D.A.C. comments.
Continued - C-96-2 Faith Unity Fellowship Ministries
Mrs. Ornauer asked for the interior area size and how many people would be permitted in an assembly area of that size?? Mr. Petit de Mange stated the interior area is 800 square feet and the occupancy is determined by the Fire Marshal.? Reverend Phillips stated the congregation is a total of 8 people at this time.
Mrs. Horsey asked if the interior make up was a straight shot in and out through building with no impediment to get out in case of emergency and if services were being held on Sunday there should ample parking?? Reverend Phillips answered yes to both questions.
Mr. Hicks asked if they intended to bring in other groups to worship and Reverend Phillips stated they hoped to draw from the community.
Mrs. Ornauer asked if all interior would stay or were they planning to demolish anything?? Reverend Phillips stated all would remain as is and that the space was adequate.
Chairman Friedman opened the public hearing and asked for comments, for or against this application.
Mr. James Moore of 309 West Loockerman Street and owner of six individual commercial properties across the street from this proposed location reported on his opinions and concerns.? He stated that over the years he had? spent a great deal of time and money trying to improve his properties and this section of town so not to run down.? At this time he is in the process of taking apartment buildings he owns and is converting into condos or single family residences to sell, he feels if residents own their real estate it will help stabilize the neighborhood.? He also stated that he felt that stability can not be establish if store front churches and drug treatment centers are put in.? And hopes the Commission considers the future of downtown Dover, this area and City's future rather than a temporary church or anything other than residential or commercial.
Mr. Salters owner of the property stated he did think that a church in the area would deteriorate the area more than what it is and feels a church would create a better atmosphere in the area and add stability.
Chairman Friedman asked if any one else had any comments.?? When no one spoke, he closed the public hearing.
Mr. DePrima asked if they intended to provide social services, drug counseling, soup kitchen or any type of social program?? Reverend Phillips stated it was strictly a place of worship at this time.