Regional Planning Commission Public Hearing Agendaco.kent.de.us/media/995538/070220-Meeting-Materials.pdf · LEVY COURT DISTRICT: 4th TAX MAP NO: SM-00-130.02-02-71.00-000 . LOCATION:

Regional Planning Commission Public Hearing Agenda

Thursday, July 2, 2020 at 6:30 p.m. Levy Court Chambers, 555 Bay Road

Dover, Delaware 19901

In addition to the live meeting, this meeting will also be held virtually by phone and video conferencing software to enable the applicant, owner, and/or members of the public to provide their testimony on the applications described below. The call in

number is 1-800-377-8846. Use pass code 92535882# to enter the meeting. All information about joining the video conference will be posted at www.co.kent.de.us

when it becomes available or email the Planning Office at [email protected] for meeting updates and information. For problems accessing the meeting, please call

our office at 302-744-2471 for assistance. Call to Order for Public Hearing

The Pledge of Allegiance Roll Call and Determination of Quorum Approval of Agenda Introduction and Public Hearing Instructions Public Hearing:

1. C-20-04 Telepathy Networks, LLC: Request Conditional Use approval of Professional Office located inside the Growth Zone Overlay District.

2. C-20-05 KAHS Group, LLC: Request Conditional Use approval of a Warehouse located outside the Growth Zone Overlay District.

3. CS-20-05 Gulf Star Properties: Request Conditional Use with Site Plan approval of a Contractor’s Establishment located outside the Growth Zone Overlay District.

Public Comment Commission Comments

Other Business

Adjournment

29 Del. C. 10004 (e) (2). The Agenda items as listed may not be considered in sequence. This Agenda is subject to change to include additional items including Executive Sessions or the deletion of items including Executive Sessions, which arise at the time of the Meeting. NOTE: This meeting will be held in a building that is accessible to the handicapped.

http://www.co.kent.de.us/

mailto:[email protected]

REGIONAL PLANNING COMMISSION

July 2, 2020

Application C-20-04

TELEPATHY NETWORKS, LLC (SILVIS)

Conditional Use

Exhibit A

LOCATION AND ZONING MAP

Application: C-20-04 Telepathy Networks, LLC (Silvis)

APPLICANT: Telepathy Networks OWNER: Jason & Penny Silvis

PRESENT ZONING DISTRICT: AR (Agricultural Residential)

PRESENT USE: Residential

PROPOSED USE: Same with Home Office

LEVY COURT DISTRICT: 4th TAX MAP NO: SM-00-130.02-02-71.00-000

LOCATION: 0.37+/- acres located on the corner of Albacore Dr. and Lorraine Dr. further described

As lot 71 of Riverview Estates Section 2, northwest of Frederica

Kent County Levy Court

MCGINNIS POND RD

ALBACORE DR

LORRAINE DR

SUBJECT SITE

FREDERICA

PLOT PLAN

Exhibit B Application: C-20-04 Telepathy Networks,

LLC (Silvis) PROPOSED CONDITIONAL USE: HOME OFFICE

DRIVEWAY FOR PERSONAL OR BUSINESS PARKING

STOP SIGN

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04


Conditional Use

Application C-20-04 TELEPATHY NETWORKS, LLC

(SILVIS) Conditional Use

Application C-20-04 TELEPATHY NETWORKS, LLC

(SILVIS) Conditional Use

Application C-20-05

KAHS GROUP, LLC Conditional Use

Exhibit A


Application: C-20-05 Kahs Group, LLC

APPLICANT/OWNER: KAHS Group, LLC

PRESENT ZONING DISTRICT: BG (General Business)


PROPOSED USE: Warehouse

LEVY COURT DISTRICT: 4th TAX MAP NO: MN-00-172.00-01-17.00-000

LOCATION: 0.795+/- acres located on the southern side of Milford Harrington Highway, approx.

2,790 ft. west of Deep Grass Lane and approx. 3,350 ft. east of Butler Rd., east of Harrington


BUTLER RD

DEEP GRASS LN

MILFORD HARRINGTON HWY

SUBJECT SITE

HARRINGTON

PLOT PLAN

Exhibit B Application: C-20-05 KAHS Group, LLC

PROPOSED CONDITIONAL USE: WAREHOUSE

Application C-20-05


Application C-20-05


Application C-20-05 KAHS GROUP, LLC

Conditional Use

Application C-20-05 KAHS GROUP, LLC

Conditional Use

Applicant’s Presentation

Application CS-20-05 GULF STAR PROPERTIES, LLC Conditional Use With Site Plan

Exhibit A Application: CS-20-05 Gulf Star Properties, LLC

LOCATION AND ZONING MAP APPLICANT: David Heatwole OWNER: Gulf Star Properties, LLC ENGINEER: Siteworks Engineering c/o David Heatwole PRESENT ZONING DISTRICT: IG (General Industrial) LEVY COURT DISTRICT: 6th TAX MAP NO: WD-00-081.00-02-32.00-000 PRESENT USE: Equipment Storage/ Contractor’s Garage PROPOSED USE: Contractor’s Establishment LOCATION: 1.860+/- acres located on Strauss Ave. (Co. Rd. 186), 0.41 miles west of Enss Rd. (Co. Rd. 187), approx. 3.6 miles south of the Town of Hartly


SUBJECT SITE

ENSS RD

STRAUSS AVE

HARTLY

Exhibit B

PLOT PLAN (CROPPED)

PROPOSED CONTRACTOR’S ESTABLISHMENT

Application: CS-20-05 Gulf Star Properties, LLC






Application CS-20-05

GULF STAR PROPERTIES, LLC Conditional Use with Site Plan

STRAUSS AVE

Surdex Corp

Application CS-20-05

GULF STAR PROPERTIES, LLC Conditional Use with Site Plan

Applicant’s Presentation

END OF REGIONAL PLANNING COMMISSION SLIDE SHOW PRESENTATION

Kent County

Department of Planning Services Division of Planning

SARAH E. KEIFER, AICP Director of Planning Services

Phone: 302/744-2471 FAX: 302/736-2128

KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services

KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible)

STAFF RECOMMENDATION REPORT July 2, 2020

Application Number : C-20-04 – Telepathy Networks, LLC Present Zoning District : AR (Agricultural Residential) Present Use : Residential Proposed Use : Same with Home Office Relation to Growth Zone : Inside Area and Location : 0.37+ acre located on the corner of Albacore Dr.

and Lorraine Dr., further described as lot 71 of Riverview Estates Section 2, northwest of Frederica.

I. STAFF RECOMMENDATION:

The staff recommends CONDITIONAL APPROVAL based on the information submitted as the application demonstrates compliance with the conditions for approval as outlined in the Code, below and the following recommended condition:

1. All vehicles for the residence and business must be parked in the driveway or garage.

§205-366.C. Professional Office Conditions of this use shall be as follows:

A. The owner/operator shall secure a zoning certificate of use for a professional office from the Department of Planning Services, Division of Planning.

B. Such use shall be conducted entirely within a dwelling which is the bona fide residence of the principal practitioner, or in a detached accessory structure.

C. No detached accessory structure shall be used for a professional office unless it meets the principal structure setback requirements for the district.

D. Not more than 45% of the total floor area of the dwelling shall be devoted to office use; such use shall not alter the residential character or appearance of the dwelling or

Staff Recommendation Report C-20-04 Telepathy Networks, LLC July 2, 2020 Page 2 of 3

premise. If an accessory structure is used for a professional office, the square footage devoted to office use shall not exceed 45% of the floor area of the principal dwelling.

E. There shall be no increase in the use of any one or more utilities (water, sewer, electricity, telephone, refuse, etc.) to the extent that the combined total use for the office and dwelling exceeds that for an average residential use in the area.

F. The professional office use shall create no noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any extent greater or more frequent than that usually experienced for an average residential use in the district where located.

G. There shall be no display of as-bought goods or advertising of services on/from the premises, and the only exterior evidence of the use shall be an exterior sign as provided in Article XVIII.

a. Pursuant to Article XVIII, should this application be approved, the applicant may apply for the placement of one identification sign identifying the approved home occupation, not to exceed six square feet in area or a height of five feet above grade. This provision does not allow for the placement of wall-attached signage, and no signage shall be placed on the subject site without first receiving approval from Kent County Planning Services.

H. The need for parking generated by such use shall be provided at one space per 200 square feet of use, located off-street and prohibited in the required front yard.

I. The sale of goods not produced on the premises shall be prohibited. II. BACKGROUND INFORMATION:

• The applicant began the application process for a home occupation for a telecommunications company. The applicant is aware of and is willing to meet the requirements listed above. Additionally, the applicant is aware that noncompliance with the above requirements may lead to the revocation of approval for this use.

• The business known as Telepathy Networks is a voice and data managed services provider with operating hours of 9am to 5pm on Monday thru Friday. No customers or employees work at the property. All customer meetings are conducted at customer offices.

• There have been three letters in favor of the application for a home occupation – professional office. All correspondence has been enclosed with this report.

• The applicant is requesting this use within an existing dwelling in the AR zoning district; therefore it does not fall under the purview of the Adequate Public Facilities Ordinance as no new land development is proposed with this application. [§187-90.2(D)(8)].

• The Comprehensive Plan calls for low density residential uses in this area. • If approved, the proposed use would be conducted within a designated area within the

existing dwelling and would remain compliant with the existing zoning district and the Comprehensive Plan.

https://www.ecode360.com/7603502#7603502

Staff Recommendation Report C-20-04 Telepathy Networks, LLC July 2, 2020 Page 3 of 3

• The 0.37± acre subject site is currently improved with a two-story single-family

dwelling. The character of the surrounding area is residential in nature being within the Riverview Estates subdivision.

• There have been no previous land use applications on the subject property. • There have been no similar requests in the immediate vicinity.

III. AGENCY COMMENTS

A. KENT COUNTY – Department of Public Works, Division of Engineering – Contact: Brian L. Hall, Engineering Project Manager II Requirement & Source:

1. Property is “legally” located in KCSDD1.

2. Property is “technically” served y KC SS, via gravity means.

3. It does not appear this proposal will impact the KC SS System. If this characterization is incorrect, then please (re)advise this Office).

Comment:

1. The Engineering Division grants “Approval with No Objection to Recordation.”

B. Delaware Department of Transportation - Contact: Joshua J. Schwartz

Comment:

1. DelDot has no objection to the conditional use. This recommendation is offered without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter.

ENC: Data Sheet

Exhibit A – Location and Zoning Map Exhibit B – Plot Plan Applicant’s letter Letters in favor of the application

Kent County


SARAH E. KEIFER, AICP Phone: 302/744-2471 Director of Planning Services FAX: 302/736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services


DATA SHEET FOR CONDITIONAL USE REVIEW

Regional Planning Commission Public Hearing of: Thursday, July 2, 2020

Regional Planning Commission Business Meeting of: Thursday, July 9, 2020

Levy Court Public Hearing of: Tuesday, July 28, 2020 Application : C-20-04 Applicant/Owner : Telepathy Networks, LLC.

Jason A. & Penny L. Silvis 315 Albacore Dr. Frederica, DE 19946 Present Zoning District : AR (Agricultural Residential) Relation to Growth Zone : Inside Present Use : Residential Proposed Use : Same with Home Office (Telecommunications) Levy Court District : 4th - Buckson School District : Lake Forest Fire District : Frederica Area and Location : 0.37+ acres located on the corner of Albacore Dr. and

Lorraine Dr., further described as lot 71 of Riverview Estates Section 2, northwest of Frederica

Property Identification Number : SM-00-130.02-02-71.00-000

Exhibit A


Application: C-20-04Telepathy Networks, LLC (Silvis)

APPLICANT: Telepathy Networks OWNER: Jason & Penny Silvis

PRESENT ZONING DISTRICT: AR (Agricultural Residential)


PROPOSED USE: Same with Home Office

LEVY COURT DISTRICT: 4th TAX MAP NO: SM-00-130.02-02-71.00-000

LOCATION: 0.37+/- acres located on the corner of Albacore Dr. and Lorraine Dr. further described

As lot 71 of Riverview Estates Section 2, northwest of Frederica

Kent CountyLevy Court

MCGINNIS POND RD

ALBACORE DR

LORRAINE DR

SUBJECT SITE

FREDERICA

PLOT PLAN

Exhibit B Application: C-20-04Telepathy Networks, LLC (Silvis)

PROPOSED CONDITIONAL USE: HOME OFFICE

DRIVEWAY FOR PERSONAL OR BUSINESS PARKING

STOPSIGN

Kent County


SARAH E. KEIFER, AICP Phone: (302)744-2471 Director of Planning Services Fax: (302)736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services



Application Number : C-20-05 Present Zoning District : BG (General Business) Present Use : Residential Proposed Use : Same with Commercial Warehouse (no outdoor storage) Relation to Growth Zone : Outside Area and Location : 0.795+ acre located on the southern side of Milford

Harrington Highway, approx. 2,790 ft. west of Deep Grass Lane and approx. 3,350 ft. east of Butler Road, east of Harrington

I. STAFF RECOMMENDATION

A. Staff recommends CONDITIONAL APPROVAL based on the information submitted

as the application demonstrates compliance with the requirements of Section §205-251 of the Kent County Code, General Guidelines and Standards for Conditional Use Approval:

1. The location is appropriate and not in conflict with the Comprehensive Plan; 2. The public health, safety and general welfare will not be adversely affected; 3. Adequate off-street parking facilities will be provided; 4. Necessary safeguards will be provided for the protection of surrounding

property and persons; and 5. The additional standards of Section §205-251 of the Kent County Code are met.

B. Code Requirements

1. This nonresidential use is proposed to abut residential use to the west and east of the site. The residential parcel to the east is currently buffered by an existing 6’

Staff Recommendation Report C-20-05 KAHS Group, LLC July 2, 2020 Page 2

stockade fence. The residential parcel to the west must be buffered pursuant to §187-79(A) Buffer Requirements, Buffering of Nonresidential Uses Other Than Agriculture, which states that visual and sound screening shall be provided on nonresidential use properties (other than agricultural uses) when abutting a residential use. Screening shall consist of an opaque barrier at least six feet in height accompanied by landscaping.

The requirement for the opaque barrier may be met by choosing one of the

following:

(a) An opaque wooden fence.

(b) A wall constructed of masonry materials, either stucco, brick, split-faced, block, or decorative concrete.

(c) An earthen berm (4:1 maximum side slopes).

(d) Dense, durable, and continuous evergreen tree planted screen of at least six

feet in height at the time of planting and arranged to effectively achieve an opaque visual buffer.

(e) Any combination of fencing, landscaping and/or berming that achieves a six

foot high opaque barrier.

2. Prior to commencement of operations, a Business Certificate of Occupancy must be obtained from the Kent County Division of Inspections and Enforcement for the Commercial Warehouse on the property.

C. Staff recommends the following conditions of approval:

1. No outdoor storage.

2. No long term or overnight parking of trucks.

3. Given the residential character of the area, the business hours of operation shall be limited to 7:00 am until 10:00 pm.

4. The Community Design Chapter of the 2018 Comprehensive Plan recommends

that signage for non-residential uses be compatible with the area and remain unobtrusive while still conveying the message.


Staff recommends that signage be limited to one detached monument-style sign to be setback at least 5 ft. from the front property line. The top of the sign should not be taller than 6 ft. above grade and have a maximum size of 32 sq. ft. Detached signage shall remain static in nature (no electronic variable signage permitted). This will help protect the remaining residential and agricultural nature of the area.

D. The Levy Court may add any necessary conditions to protect the health, safety, and

welfare of the citizens of Kent County. E. All requirements, regulations and recommendations submitted by any agency member

of the Development Advisory Committee shall be satisfied. II. BACKGROUND INFORMATION

• The applicant’s business entails ordering products online from U.S. vendors, such as

Amazon.com, to be delivered to the subject site via the U.S. Postal Service and temporarily stored inside the proposed commercial warehouse. The products are later shipped overseas, primarily to Malaysia. The storage of the products delivered to the site will occur inside a completely enclosed building. No outdoor storage is contemplated or permitted.

• The applicant is proposing to use the existing 1,760 sq. ft. principal structure as a Commercial Warehouse while residing in the existing 1,316 sq. ft. dwelling, which is a legal non-conforming accessory use on this 0.79+ acre parcel. There is no proposal for construction or additional impervious coverage.

• The 2018 Kent County Comprehensive Plan Future Land Use Map recommends that the subject property be utilized for highway commercial purposes. The property is zoned BG (General Business). This zoning district provides for Warehouses as a conditional use as specified under Article IV, §205-170. If approved, this use will comply with the 2018 Comprehensive Plan and the requirements of the BG Zoning District.

• The subject site is located on the south side of Milford Harrington Highway, east of

Harrington. The site is surrounded by parcels zoned AR (Agricultural Residential) and used for residential and/or agricultural purposes.

• The character of the surrounding area is predominantly residential and agricultural in

nature. Pilgrim Chapel Church and Fellowship Hall is located approx. 0.2 mile east of the subject site. The nearest commercial use is located 0.5 mile east of the subject site at the intersection of Milford Harrington Highway and Killens Pond Road/Deep Grass Lane.

• There have been 4 previous Planning applications on the subject site, as follows:

o Application Z-86-56 DENIED a request to rezone 0.51 acre from AR to BG in 1986.


o Application Z-90-37 APPROVED a request to rezone 0.51 acre from AR to BG in 1990.

o Application CZ-06-19 APPROVED a request to rezone the remaining parcel from AR to BG in 2006.

o Application A-04-34 DENIED a request to vary the minimum road frontage and minimum acreage requirements for a church in 2004.

III. AGENCY COMMENTS

A. KENT COUNTY DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION Brian L. Hall, Engineering Project Manager II Requirement & Source: 1. N/A

Comment: 1. The Engineering Division grants “Approval With No Objection to Recordation”.

B. DELAWARE DEPARTMENT OF TRANSPORTATION Joshua J. Schwartz Comments:

1. The developer should submit a pre-submittal meeting Request to DelDOT to review the project.

2. At a minimum the Site is expected to require Record Plan and Entrance Plan

approval.

V. OWNER/APPLICANT

Staff advises the Owner/Applicant of the following: 1. The applicant has stated that at this time he does not intend to construct anything further

on the property, increase the impervious surface area, expand the existing structures, or place any temporary structures, pods, or storage units on the site. Pursuant to Kent County Code §187-44(C), this Conditional Use application is exempt from formal site plan review. However, since the subject parcel currently contains more than 5,000 square feet of impervious coverage area without a formal site plan on file, the applicant is advised that a site plan will be required at such time as the impervious coverage is increased. This includes but is not limited to the addition of temporary storage units and/or pods.

2. The applicant has further stated that the proposed business will be served only by the

U.S. Postal Service and other common shipping carriers delivering products


individually, and will not be served by tractor trailer trucks or large vehicles making bulk shipments. The applicant is advised to notify the Planning Department in the future if tractor trailer trucks or large vehicles are to be used for bulk shipments to and/or from this parcel as this may change the parking design, require loading spaces/areas, affect ingress/egress, or require additional paving which will increase impervious coverage and may require a site plan.

This recommendation was made without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter.

ENC: Data Sheet

Exhibit A – Location and Zoning Map Exhibit B – Plot Plan Summary of Proposed Business Plan from Dan McAllister, Esquire

Kent County




DATA SHEET FOR CONDITIONAL USE REVIEW



Levy Court Public Hearing of: Tuesday, July 28, 2020 Application : C-20-05 Applicant/Owner : KAHS Group, LLC Attn: Wan Khalil 4995 Milford Harrington Highway Harrington, DE 19952 Additional Contact : Daniel F. McAllister, Esq. 100 West Commons Blvd., Ste 415 New Castle, DE 19720 Present Zoning District : BG (General Business) Relation to Growth Zone : Outside Present Use : Residential Proposed Use : Warehouse Levy Court District : 4th - Buckson School District : Lake Forest Fire District : Houston Area and Location : 0.795+ acre located on the southern side of Milford

Harrington Highway, approx. 2,790 ft. west of Deep Grass Lane and approx. 3,350 ft. east of Butler Road, east of Harrington

Property Identification Number : MN-00-172.00-01-17.00-000

Exhibit A


Application: C-20-05Kahs Group, LLC

APPLICANT/OWNER: KAHS Group, LLC

PRESENT ZONING DISTRICT: BG (General Business)


PROPOSED USE: Warehouse

LEVY COURT DISTRICT: 4th TAX MAP NO: MN-00-172.00-01-17.00-000

LOCATION: 0.795+/- acres located on the southern side of Milford Harrington Highway, approx.

2,790 ft. west of Deep Grass Lane and approx. 3,350 ft. east of Butler Rd., east of Harrington

Kent CountyLevy Court

BUTLER RD

DEEP GRASS LN

MILFORD HARRINGTON HWY

SUBJECT SITE

HARRINGTON

PLOT PLAN

Exhibit B Application: C-20-05KAHS Group, LLC

PROPOSED CONDITIONAL USE: WAREHOUSE

00045744.DOCX.

June 10, 2020 VIA ELECTRONIC MAIL and FIRST CLASS MAIL Ms. Michele Green Planner Kent County Planning Services 555 Bay Road Dover, DE 19901

RE: 4995 Milford Harrington Highway

Dear Ms. Green, I write in response your e-mail of June 8 regarding the above-referenced property for which

a pending conditional use application is scheduled to be heard on July 2 at 6:30 p.m. by the Kent County Regional Planning Commission at its regularly scheduled public hearing.

As depicted on the survey, the parcel contains an existing 1,316 square foot residence and

an existing 1,760 square foot commercial building. While the property is zoned BG, the applicant’s principal, Wan Khalil, intends to continue the legal non-conforming residential use of the smaller building while operating a warehouse in the commercial building.

At this time, the applicant, KAHS, Inc., does not intend to construct anything further on

the property or increase the impervious surface area. More specifically, the applicant does not intend at this time to place any temporary structures, pods, or storage units on the site, or expand either building.

The applicant proposes to operate a warehouse in the completely enclosed commercial

building, which is a permitted conditional use in the BG district pursuant to Kent County Code § § 205-170 and 365. The applicant’s business consists of ordering products online from U.S. internet vendors such as Amazon.com and shipping the products to purchasers overseas, primarily to Malaysia. The business will be served only by USPS and other common shipping carriers delivering products individually, and will not be served by large tractor trailer trucks or vehicles

Larry J. Tarabicos Geoffrey L. Grosso Scott L. Matthews Michael J. Hoffman Daniel F. McAllister Lauren R. Otto (GA and PA only) Noah D. Chamberlain

Daniel F. McAllister [email protected]

(o) 302-757-7816 (f) 302-757-7801

One Corporate Commons 100 West Commons Boulevard

Suite 415 New Castle, DE 19720

302-757-7800 www.tarabicosgrosso.com

Michele Green June 10, 2020 Page 2 ______________________

00045744.DOCX.

making bulk shipments. Furthermore, the applicant will not be operating any of its own vehicles. In addition to the principal, Mr. Khalil, KAHS has one other employee.

To further assist the members of the Kent County Planning Department, I have enclosed a

copy of a title search for the property. If you or any other members of the Planning Department should have any additional

questions or concerns, or require anything further, I am available at your convenience.

Very truly yours, /s/ Daniel F. McAllister Daniel F. McAllister

DFM/sat cc: Mr. Wan Khalil (via electronic mail) Mr. Jason Barry (via electronic mail)

Mr. Kris Connelly (via electronic mail)

4995 Milford Harrington Highway, Harrington

Kent County





Application # : CS-20-05 Site Plan Title : Gulf Star Properties, LLC Zoning District : IG (General Industrial) Comprehensive Plan Map Designation : Industrial Relation to Growth Zone : Outside Present Use : Warehouse & Equipment Storage Proposed Use : Contractor’s Establishment Area and Location : 1.860 ± acres located on Strauss Ave. (Co. Rd.

186), 0.41 miles west of Enss Rd. (Co. Rd. 187), approximately 3.6 miles south of the Town of Hartly.

I. STAFF RECOMMENDATION

Staff recommends APPROVAL based on the information submitted as the application demonstrates compliance with the conditions of approval as outlined in Kent County Code §205-200. Contractor establishments and construction shops. A. CODE REQUIREMENTS:

1) All structures shall be set back at least 50 feet from any residentially zoned lot lines. 2) All fabricating and/or manufacturing shall take place within the building. 3) Outdoor storage visible from access streets and adjacent properties shall be screened

from view.

Staff Recommendation Report CS-20-05 Gulf Star Properties, LLC July 2, 2020 Page 2

4) Off-street parking is provided in accordance with the requirements in Article XVII,

Parking. 5) All requirements, regulations, and recommendations submitted by any agency member

of the Development Advisory Committee shall be satisfied. 6) The entire site is located within a ground-water recharge area as determined by the

Delaware Department of Resources and Environmental Control (DNREC). The site design must comply with any and all requirements of § 187-79.2 of the Kent County Code. The proposed site design will have 9.0% impervious surface. This is below the 20% maximum impervious surface limit for Excellent Recharge Areas. Therefore, the application is compliant with this section of the code.

7) The reviewing body may impose any other appropriate or stringent conditions it deems

necessary to protect the health, safety, and welfare of the neighborhood.

B. ADDITIONAL CODE REQUIREMENTS:

1) §187-79.A. of the Code requires an opaque buffer be provided on nonresidential use properties when abutting a residential use. Adjacent parcel 9-00-08100-02-3300 on the west of the site is residential, therefore the buffer requirement applies. Options for meeting the buffer requirement are provided in that section of the code. If evergreen trees are chosen to create the opaque barrier, they must be at least 6 ft. in height at the time of planting. Some buffer plants are already shown on the landscape plan to satisfy the off-street parking requirement of the code §205-224.A.(3). However, they are 2 ft. shrubs, not 6 ft. evergreens. In lieu of the six or seven 2ft. shrubs on the west side of the parking area, the applicant may install additional 6 ft. Eastern White Pines or other approved tree species instead. This will satisfy both the opaque barrier and parking area requirements. The remainder of the entire western boundary must satisfy the contiguous opaque barrier requirement using one or more of the options in §187-79.A.

II. ADEQUATE PUBLIC FACILITIES ORDINANCE

The Emergency Medical Services, School, and Central Water Service are not applicable to this application because those standards only apply to residential subdivision and land development. With respect to the Roads element of the Adequate Public Facilities Ordinance, Staff has determined that road capacity exists to serve the proposed development. The Ordinance provides that if a proposed land development meets any one of the following criteria, a Traffic Impact Study shall be conducted:

a. The proposal exceeds the projected average daily traffic warrants provided in DelDOT’s “Rules and Regulations for Subdivision Streets” as amended;


b. The proposal is projected to generate more than more than fifty (50) peak hour trips, excluding traffic passing by the subject property, unless the project is located in a DelDOT Special Study Area or District as designated by mutual agreement between Kent County and DelDOT;

c. The area of influence of the subject property includes roadway segments and intersections currently operating below the level of service C; or

d. The proposed development causes the total number of dwelling units within the Traffic Analysis Zone (TAZ) to exceed the projected totals set forth in the Dover/Kent County MPO Transportation Improvement Plan.

Paragraph (d) deals with increasing the number of dwelling units within the TAZ. This application will not add any dwelling units to the TAZ and this paragraph is not applicable to this application. The proposal is for a nonresidential land development and the applicant has indicated that the project will not generate more than fifty (50) peak hour trips. The applicant has indicated the peak hour trips will be one (1) trip. This would not require a Traffic Impact Study to be completed. The ordinance provides that the area of influence shall extend beyond the site entrance to include additional intersections to the extent that the total projected peak hour site traffic exceeds 10% of the AADT on local roads. Strauss Avenue (CR 186) is considered a local road. DelDOT states that the AADT for this section of Strauss Avenue is 217. Because the peak hour trips do not exceed ten percent (10%) of the AADT (22), the area of influence does not extend beyond the site entrance. The proposed project is compliant with the Adequate Public Facilities Ordinance.

III. BACKGROUND INFORMATION:

• The Kent County Comprehensive Plan recommends that the subject property should be utilized for industrial purposes. The property is zoned IG (General Industrial). This zoning district provides for contractor establishments as a conditional use for approval by the Levy Court through the Conditional Use/Site Plan process. If approved, this plan will comply with the 2018 Comprehensive Plan and the IG Zoning District requirements.

• The 1.860 ± acre subject site has an existing 4,040 sf. building constructed around 1970. There is also a secure fenced area connected to the building erected in 2016 (Kent Co. Permit #16-1353). The applicant is proposing an additional 2,000 sf. building. The buildings will be used for 1,100 sf. of office space and 4,950 sf. of storage and work space. The area within the fenced area will continue to be limited to material storage and equipment parking. The plan proposes to continue to use the existing entrance off Strauss Ave.

• The plan indicates that the site will utilize the existing on-site well and septic to serve the

site.


• The character of the area is low-density residential and agricultural in nature with some

commercial uses in the vicinity, including a custom gunsmith business on the adjacent parcel to the east. Single-family dwellings are located to the south and west of the subject property along Strauss Ave., and to the north, on the other side of a tax ditch. Three parcels approximately 650 ft. to the west of the site along Strauss Ave. are zoned Neighborhood Business (BN), but are currently undeveloped and used as farmland.

• The applicant was approved for two variances from the Board of Adjustment at the June

18, 2020 BOA meeting. The first variance was to legalize the existing building to be less than the 50 ft. setback required from a residentially zoned lot (§205-281.A.(1). The variance was approved to allow the building to remain 21.86 ft. from the property line. The second variance was approved to allow the drive aisle to be narrower than the required 24’ width to 18 ft. §205-221.B.(1). This variance was also granted to allow the existing 18 ft. fence gate to remain instead of widening the gateway to 24 ft., and installing a wider 24 ft. gate to meet the code requirement.

IV. OWNER/DEVELOPER:

The owner/developer shall be aware of and be prepared to comply with all comments regarding this project stated in this report. All comments must be addressed in the final plan prior to final approval. Final approval of the plan must occur within 24 months from the date of preliminary plan approval. Failure to obtain final approval shall nullify the plan. Letters of “No Objection to Final Approval” from the following agencies will be required prior to final approval:

1. DelDOT, Division of Highways 2. Kent Conservation District (KCD) 3. Office of the State Fire Marshal 4. DNREC – Water & Wastewater 5. Delaware Division of Public Health – Drinking Water

This recommendation was made without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter.

ENC: Data Sheet

Exhibit A – Location and Zoning Map Exhibit B – Plot Plan (Cropped) Preliminary Site Plan and Landscape Plan

Kent County




DATA SHEET FOR SITE PLAN



Levy Court Public Hearing of: Tuesday, July 28, 2020 Application / Title : CS-20-05 Gulf Star Properties, LLC Applicant / Owner : Gulf Star Properties, LLC 200 Weston Drive Dover, DE 19904 Engineer : David Heatwole, PE Siteworks Engineering

P.O. Box 2 Harrington, DE 19952 Property Address: : 767 Strauss Ave., Marydel, DE 19964 Present Comprehensive Plan Map Designation : Industrial Present Zoning District : General Industrial (IG) Relation to Growth Zone : Outside Present Use : Warehouse & Equipment Storage Proposed Use : Contractor’s Establishment Proposed Building Size : 4,040 sf. (existing), 2,000

sf. (proposed) Number of parking spaces : Required: 11 Proposed: 6

CS-20-05 Gulf Star Properties, LLC July 9, 2020 Page 2 of 2 Number of loading spaces : Required: 1 Proposed: 1 Water : On-Site Well Sewer : On-Site Septic Levy Court District : 6th – Howell School District : Capitol Fire District : Marydel Area and Location : 1.860 ± acres on Strauss Ave. (Co.

Rd. 186), 0.41 miles west of Enss Rd. (Co. Rd. 187), approximately 3.6 miles south of the Town of Hartly.

Property Identification Number : WD-00-08100-02-3200-00001

Exhibit A Application: CS-20-05Gulf Star Properties, LLC

LOCATION AND ZONING MAPAPPLICANT: David HeatwoleOWNER: Gulf Star Properties, LLCENGINEER: Siteworks Engineering c/o David Heatwole PRESENT ZONING DISTRICT: IG (General Industrial)LEVY COURT DISTRICT: 6th TAX MAP NO: WD-00-081.00-02-32.00-000 PRESENT USE: Equipment Storage/ Contractor’s GaragePROPOSED USE: Contractor’s EstablishmentLOCATION: 1.860+/- acres located on Strauss Ave. (Co. Rd. 186), 0.41 miles west of Enss Rd. (Co. Rd. 187), approx. 3.6 miles south of the Town of Hartly

Kent CountyLevy CourtKent CountyLevy Court

SUBJECT SITE

ENSS RD

STRAUSS AVE

HARTLY

Exhibit B

PLOT PLAN (CROPPED)

PROPOSED CONTRACTOR’S ESTABLISHMENT

Application: CS-20-05Gulf Star Properties, LLC

STRAUSS AVE.

HALLTO

WN R

D.

TARAI

LA R

D.

MA

HA

N C

OR

NE

R R

D.

SANDY BEND RD.PARKERS CHAPEL

RD.

GUNTER RD.

PROCTERS

PURCHASE RD.

ENSS RD.

WESTVILLE RD.

ARTHURSVILLE RD.

PROPOSEDSITE

LOCATION MAP

Strauss Ave Conditional Use Plan

Legend

1000 ft

N

➤➤

N© 2020 Google

© 2020 Google

© 2020 Google

2019 ORTHOS IMAGERY

GULF STARPROPERTIES,LLC SITE


5

6

STRAUSS AVE. KCR 186

LOCAL (40' ROW)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

D

++

++

+

EDGE OF PAVEMENTCL ROAD

EX ROW

EDGE OF PAVEMENT

NO

RTH

NA

D 8

3 (S

TATE

PLA

NE

)

Proposed 2,000 SFPole Shed (40'x50')

Existing 4,040 SFBuilding

PROPOSED IMPROVEMENTS

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�K�W�W�S�V�˛��F�R��N�H�Q�W��G�H��X�V��V�H�U�Y�H�U��U�H�V�W��G�L�U�H�F�W�R�U�L�H�V��D�U�F�J�L�V�M�R�E�V��S�U�L�Q�W�B�W�H�P�S�O�D�W�H�B�J�S�V�H�U�Y�H�U��M�I�H�I�˝�˙�˘�I��˘�˙�I��H��˝�ˆ�F��˙�H��˙�I�ˇ�˘�G��˙��V�F�U�D�W�F�K��F�H�˘��D��F�D�ˆ�D��H�˘�H�D�˘��˘�« ��

FUTURE LAND USE MAP

Proposed Site

Exhibit A Application: CS-20-05Gulf Star Properties, LLC

LOCATION AND ZONING MAPAPPLICANT: David HeatwoleOWNER: Gulf Star Properties, LLCENGINEER: Siteworks Engineering c/o David Heatwole PRESENT ZONING DISTRICT: IG (General Industrial)LEVY COURT DISTRICT: 6th TAX MAP NO: WD-00-081.00-02-32.00-000 PRESENT USE: Equipment Storage/ Contractor’s GaragePROPOSED USE: Contractor’s EstablishmentLOCATION: 1.860+/- acres located on Strauss Ave. (Co. Rd. 186), 0.41 miles west of Enss Rd. (Co. Rd. 187), approx. 3.6 miles south of the Town of Hartly

Kent CountyLevy CourtKent CountyLevy Court

SUBJECT SITE

ENSS RD

STRAUSS AVE

HARTLY

5

6

+

+

+

++

++

++

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

D

61

59 61

61

59

58

58

59

59

59

5959

626161

62

62

6161 61

57

58

61

60

60

STRAUSS AVE. KCR 186

LOCAL (40' ROW)

EDGE OF PAVEMENTCL ROAD

EX ROW

EDGE OF PAVEMENTAN

15

9 PS IN 212'

4 PS IN 50'

4 PS IN 49'

AN

4

PLANT 8' O.C.

PLANT 8' O.C.

NO

RTH

NA

D 8

3 (S

TATE

PLA

NE

)

LANDSCAPE PLAN

56'-10"

Proposed 2,000 SFPole Shed

Existing 4,040 SFBuilding

sdfsd Legend

600 ft

N

➤➤

N© 2020 Google

© 2020 Google

© 2020 Google



2018 ORTHOS IMAGERY

SITE PHOTO

SITE PHOTO


Legend

1000 ft

N

➤➤

N© 2020 Google

© 2020 Google

© 2020 Google


1961 ORTHOS IMAGERY



Legend

1000 ft

N

➤➤

N© 2020 Google

© 2020 Google

© 2020 Google


1968 ORTHOS IMAGERY



Legend

1000 ft

N

➤➤

N© 2020 Google

© 2020 Google

© 2020 Google


1992 ORTHOS IMAGERY


Documents

Regional Planning Commission Public Hearing Agendaco.kent.de.us/media/995538/070220-Meeting-Materials.pdf · LEVY COURT DISTRICT: 4th TAX MAP NO: SM-00-130.02-02-71.00-000 . LOCATION: