Regular Council Packet MM - REVISED - CORRECTED

CITY OF DOVER, DELAWARE REGULAR CITY COUNCIL MEETING Monday, March 08, 2021 at 7:30 PM Virtual via WebEx AGENDA VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/grl5b3 Event number: 129 250 5953 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. INVOCATION - Mayor Christiansen PLEDGE OF ALLEGIANCE - Council President Hare 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. PROCLAMATIONS 1. Women's "HERstory" (History) Month Page 1

REGULAR CITY COUNCIL MEETING - March 08, 2021 PAGE 2 PUBLIC HEARINGS 2. Annexation/Rezoning of Property Located at 228 Mifflin Road, Owned by Debora G. Hansen A. Public Hearing - Zoning Classification Property located at 228 Mifflin Road, consisting of 0.6087+/- acres, owned by Debora G. Hansen. This property is currently zoned RS-1 - Residential Single Family (Kent County Zoning Classification) and the proposed zoning is R-8 (One Family Residence and subject to SWPOZ (Source Water Protection Overlay zone)(City of Dover Zoning Classification)(Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council District 1) B. Adoption of Annexation Resolution No. 2020-15 C. Final Reading/Adoption of Rezoning Ordinance #2020-17 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of December 14, 2020. The ordinance is available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." (1) An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dover by Changing the Zoning Designation of Property Located at 228 Mifflin Road Public Hearing/Final Reading - Proposed Ordinances - Land Development Plan Map Amendments to the 2019 Comprehensive Plan Review of a series of Amendments to the 2019 Comprehensive Plan submitted by the property owners as associated with the City of Dover's annual opportunity to request Comprehensive Plan Amendments (see Chapter 15 - Implementation Plan) The First Reading of the Proposed Ordinances was accomplished during the Council Meeting of January 25, 2021. The ordinances are available at the entrance of the Council Chambers, 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. 3. Ordinance #2021-01 - Consideration of an Amendment to Map 12-1: Land Development Plan Map - Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Rezoning Ordinance #2021-04) Page 2

REGULAR CITY COUNCIL MEETING - March 08, 2021 PAGE 3 Public Hearing/Final Reading - Proposed Ordinances - Land Development Plan Map Amendments to the 2019 Comprehensive Plan 4. Ordinance #2021-02 - Consideration of an Amendment to Map 12-1: Land Development Plan Map - Request for two parcels located adjacent to the east side of the railroad corridor along North West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning references: MI-21-01B and Z-21-02; Rezoning Ordinance #2021-05) 5. Ordinance #2021-03 - Consideration of an Amendment to Map 12-1: Land Development Plan Map - Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. (Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property Address: 1365 North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00- 01-14.05-000; Planning reference: MI-21-01C) Rezoning Requests - Public Hearing/Final Reading of Proposed Ordinances The First Reading of the Proposed Ordinances was accomplished during the Council meeting of January 25, 2021. The ordinances are available at the entrance of the Council Chambers and on the City's website at www.cityofdover.com under "Government." 6. Ordinance #2021-04 - Lands of College Towers LLC at 1205 McKee Road - Review of Rezoning Application for a parcel consisting of 3.46 acres+/- located at the northeast corner of McKee Road and College Road. The property is zoned CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). This is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel: ED- 05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Council District 4) 7. Ordinance #2021-05 - Lands of Donny Legans at 92 North West Street and a Parcel on Fulton Street - Review of Rezoning Application for two parcels totaling 0.82 acres +/- located adjacent to the east side of the railroad corridor along North West Street between Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). This is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning references: MI-21-01B and Z- 21-02; Council District 4) Page 3

REGULAR CITY COUNCIL MEETING - March 08, 2021 PAGE 4 CONSENT AGENDA ADOPTION OF MINUTES 8. Regular Council Meeting of February 22, 2021 COMMITTEE REPORTS 9. Council Committee of the Whole Report - February 23, 2021 Utility Committee 10. Street Sweeping Operations and Enforcement (Committee recommendation: Approval of the proposed changes to the Annual Street Sweeping and Leaf Collection plans with service and enforcement suspended from January 15 – March 15 annually) Safety Advisory and Transportation Committee 11. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects 12. Community Update (Ms. Lachelle Paul, Criminal Justice Committee Chair, NAACP Delaware State Conference of Branches) Legislative, Finance, and Administration Committee 13. Proposed Resolution No. 2021-01 - Application for Wastewater Matching Planning Grant (Committee recommendation: Adopt resolution as submitted so Staff may submit application for a Wastewater Matching Planning Grant) 14. Evaluation of Proposals - HVAC (Heating, Ventilation, and Air Conditioning) Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Buildings (Committee recommendation: 1. Award the HVAC Design and Install for the City of Dover Warehouse, City Hall, and Electric Administration Building contracts to Statewide Mechanical Inc. as per the proposal submitted in response to RFP #21- 0007CS, 21-0006CS, and 21-0005CS. 2. Authorize the City Manager and Controller to bring back a resolution to obtain financing to cover the General Fund projects as referenced.) 15. Evaluation of Bids - Landscaping (Committee recommendation: Awarding #21-0020EL Landscaping Contract to Joseph R. Smith for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal) Page 4

REGULAR CITY COUNCIL MEETING - March 08, 2021 PAGE 5 Legislative, Finance, and Administration Committee 16. Evaluation of Bids - Overhead Linework (Committee recommendation: Awarding #21-0021EL Overhead Linework Contract to AUI Power for three years with a City option to extend it an additional two years (five years total) as per the pricing included in the bid submittal) 17. CliftonLarsenAllen LLP Audit Results and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2020 (Committee recommendation: Acceptance of the Report) 18. Segal Waters Consulting - Classification, Compensation and Benefit Study (Committee recommendation: This item was referred back to staff and will be re- scheduled at a later date) MONTHLY REPORTS - January 2021 19. City Assessor’s Report 20. City Council’s Community Enhancement Fund Report 21. City Manager's Report 22. City Planner's Report 23. Controller/Treasurer’s Budget Report 24. Fire Chief's Report 25. Police Chief's Report ITEMS NOT ON THE CONSENT AGENDA 26. Setting of Property Assessment Appeals (Staff recommendation: May 17, 2021 - May 21, 2021 from 9:00 a.m. until 4:00 p.m.; May 24, 2021 - May 28, 2021 from 9:00 a.m. until 4:00 p.m. (if needed); June 1, 2021 - June 4, 2021 from 9:00 a.m. until 4:00 p.m. (if needed); and one evening (if needed). The hearing times are subject to change.) CITY MANAGER’S ANNOUNCEMENTS Page 5

REGULAR CITY COUNCIL MEETING - March 08, 2021 PAGE 6 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 Page 6

Item #1. Page 7

Item #2. City of Dover PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the City Council on March 8, 2021 Recommendation from the Planning Commission Meeting of February 16, 2021 With Staff and Development Advisory Committee Review File Number: AX-21-01 Ordinance Number: 2020-17 Applicants: Debora G. Hansen Owner of Record: Debora G. Hansen Property Address: 228 Mifflin Road, Dover DE Tax Parcel ID #: ED-00-076.14-01-08.00-000 Lot Size: 0.6087 acres (26,514.97 SF) Present Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) SWPOZ (Source Water Protection Overlay Zone): Tier 3 (Excellent Recharge Areas) Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Residential Low Density Land Use Designation: Present Use: Single Family Dwelling Proposed Use: Single Family Dwelling Utility Availability: Electric: 228 Mifflin Road is not currently served by City of Dover Electric. Water and Sanitary Sewer: 228 Mifflin Road is not currently served by City of Dover Water or Sanitary Sewer. Water and Sanitary Sewer are available on the opposite side of Mifflin Road. This property is situated on the west side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated Page 8

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 2 with extending and providing service to the existing dwelling including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. Planning Commission The Applicant expressed her interest in annexing into the City Recommendation: and her need to hook into City Sewer and Water. Following a Public Hearing on February 16, 2021, where no members of the public spoke regarding the proposed annexation and rezoning, the Planning Commission voted in favor of the annexation with a proposed R-8 zoning (and SWPOZ) with seven (7) votes in favor and no votes in opposition (two members absent). Summary This application is for the Annexation and Rezoning of the property at 228 Mifflin Road, Dover. It is a parcel of land totaling 0.6087 acres or 26,514.97 SF +/-. The owner of record is Debora G. Hansen. Tax Parcel: ED-00-076.14-01-08.00-000. Existing Property The property is located on the west side of Mifflin Road and approximately 755 feet north of Hazlettville Road. The boundary of the City of Dover surrounds the parcel on the north, east, and west sides. The property includes an existing single-family dwelling. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The owner would like to sell the property and therefore is required to connect to the City Sewer as the septic system is no longer adequate for the size of the dwelling and replacing it would be nearly impossible. Surrounding Land Uses To the north, south and east the property is surrounded by single-family dwellings on similar or larger sized lots. To the west of the property is an approximately 16-acre portion of Open Space associated with the Village of Westover PND residential subdivision. Properties to the north, west, and across Mifflin Road are within the City of Dover. The adjacent parcel to the south of the subject site also is not currently within the City of Dover boundaries. Comprehensive Plan In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: Page 9

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 3 • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Residential Low Density. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Residential Low Density. R-20 (One Family Residence) R-15 (One Family Residence) R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) Request for R-8 (One Family Residence Zone) & SWPOZ (Source Water Protection Overlay Zone) The applicant has requested the zoning of R-8 (One Family Residence Zone). The types of permitted uses in the R-8 (One Family Residence Zone) are given in Article 3 §1 of the Zoning Ordinance. See the following Code excerpt: Article 3, Section 1. – One-family residence zone (R-20, R-15, R-10, R-8 and R-7). 1.1 Uses permitted. In a one-family residence R-20, R-15, R-10, R-8 and R-7 zones, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof, provided no building is erected and signs conform with article 5, section 4. 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds, subject to approval of site plans by the planning commission in accordance with article 10, section 2. 1.14 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 section 10.1 and to any specified requirements set forth below: Page 10

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 4 (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Child day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. (b) Railroad and public utility rights-of-way and structures necessary to serve areas within the city, subject to such conditions as the planning commission may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (c) Country clubs or other annual membership clubs, catering exclusively to members and their guests, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following operations shall be prohibited: i. Outdoor entertainment, live or mechanical; ii. The use of outdoor public address systems for any purpose; and iii. Exterior lighting producing glare at the lot line other than that essential for the safety of the users of the premises. No building erected under the provisions of this paragraph [subsection 1.14(c)] shall be so erected nearer than 50 feet to any street or property line. (d) Adult day care facilities in accordance with Article 5—Supplementary Regulations, Section 22—Adult Day Care Facilities. 1.15 Accessory uses, limited to the following: Page 11

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 5 (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased to a person not [a] resident on the premises. (d) Keeping domestic animals as pets, provided not more than three (3) dogs over six months old, shall be permitted. (e) Keeping of chickens for individual domestic purposes subject to the following restrictions: i. Keeping of chickens shall not be permitted on lots smaller than 10,890 square feet in lot area. ii. No more than five (5) chickens shall be permitted on a residential lot. iii. Chickens shall be registered with the Delaware Department of Agriculture. iv. Chickens shall be penned in a coop that shall be at least four (4) square feet per chicken. v. All chicken coops shall be located in a rear yard and shall be a minimum of 20 feet from side and rear property lines. vi. Any odor associated with the chickens shall not be discernable from property lines. vii. Keeping of roosters shall be prohibited. viii. Any lot with chickens shall either comply with these requirements by June 1, 2016 or remove the chickens. (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6—Off-Street Parking, Section 3—Required off-street parking spaces, Paragraph 3.1—Schedule of requirements. (g) Customary home occupations, provided that: i. No display of products, goods and/or signs shall be visible from the street. ii. Such home occupation shall be incidental and secondary to the residential use of the premises and shall be conducted in the principal building by the resident or residents that reside therein. iii. Nonresident assistants or co-workers shall be prohibited. Page 12

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 6 iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. The property is also subject to the SWPOZ (Source Water Protection Overlay Zone). In this case the property is located in Tier 3 – Excellent Recharge Areas. Information regarding the Excellent Recharge Areas of the SWPOZ can be found in Article 3 §29.79 of the Zoning Ordinance. See the following Code excerpt: Section 29. – Source Water Protection Overlay Zone (SWPOZ). 29.7 Tier 3: excellent recharge areas. Lands defined as tier 3 lands are areas which have been identified as 'excellent recharge areas'. Recharge areas are defined as land with high percentages of sand and gravel that have "excellent" potential for recharge as determined through a stack unit mapping analysis performed originally by the Delaware Geological Survey. 29.71 Applicability. The impervious cover restrictions of this section shall apply only to any activity requiring approval of the planning commission. 29.72 Impervious surfaces. Impervious surfaces within tier 3 lands of the source water protection overlay zone are limited to a maximum of 30 percent. Limits upon impervious surface apply to portions of a site which is within tier 3 lands. New development may exceed the 30 percent impervious cover threshold up to 60 percent impervious cover provided the differential volume of stormwater generated from 30 percent to 60 percent impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations. 29.73 Redevelopment. Site modification which requires site development plan approval must create a 15- percent reduction in the amount of impervious surface on the site when compared to pre- redevelopment conditions. (a) If the 15-percent reduction would require a site to go below the 30-percent maximum impervious surface provision of section 29.72, then the maximum impervious surface cover for the site is 30 percent. (b) If stormwater is infiltrated within the excellent recharge area as per section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60-percent maximum will be required. 29.74 Storage tanks. Underground storage tanks are prohibited within tier 3 lands. Aboveground storage tanks which use, store, transfer, or dispose of any solid or liquid material or waste having potentially harmful impact on groundwater quality are prohibited within tier 3 lands. 29.75 Site design. All reasonable efforts must be undertaken to position permanent structures on the portions of the property which are not subject to the tier 3: excellent recharge area. The particular desires of personal or corporate entities shall not constitute reasonable efforts. 29.76 Alternative design standards. It is the intent of this ordinance to protect, conserve, and improve the available supply of potable water while still maintaining property rights. As such, where the restrictions of this ordinance prevent development that would otherwise be reasonable and proper according to the base zoning, the applicant may request alternative design standards as part of their application and development plan. The planning commission may modify specific bulk standards when in the opinion of the commission, it has been demonstrated that the use of alternative design standards is desirable and consistent with the protection of water resources. Alternative bulk standards include but are not limited to changes in building height/stories, floor area ratio, or building setbacks. Page 13

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 7 29.77 Master plans. Site development which occurs as part of a site development master plan as specified in the zoning ordinance, article 10 section 2.58 may consider the area of the entire tier 3 portion of the master plan area when developing individual phases. This will allow for higher than prescribed amounts of impervious cover on specific portions of the master plan so long as the overall impervious surface for the entire tier 3 lands in the plan remains in compliance with this section. On a site development master plan, when the city engineer certifies that the project utilizes superior infiltration design that maximizes groundwater recharge, impervious cover may be increased to 75 percent. 29.78 Improvements to existing residential lots. Improvements to existing residential lots, including additions to existing one-family dwellings, the placement of sheds, and fences are exempt from section 29.7 and may be permitted when all other applicable zoning district bulk requirements are met. 29.79 Downtown target area. The downtown redevelopment target area as defined in appendix C, article II, section 3 [Target Area] of the City of Dover Code of Ordinances shall be exempt from the requirements and restrictions of the source water protection overlay zone. 29.710 Special environmental considerations. On sites where infiltration would be contrary to a cleanup agreement or other conditions imposed by the department of natural resources and environmental control or the U.S. Environmental Protection Agency, the impervious surface limitations of this section shall not apply to the affected areas. Such sites shall be certified by the City Engineer through the development application process. 29.711 Procedure for Contesting the delineation of the source water protection overlay zone. Data used to define these zones was generated in a report from the Delaware Geological Survey entitled, "Report of Investigations No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware". Any challenges to the delineation of the source water protection overlay zone must follow the methods provided in the above sited report to contest the delineation. Recommendation of Planning Staff: Staff recommends the annexation of the property at 228 Mifflin Road and its rezoning to R-8 (One Family Residence Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone): Tier 3 be approved as submitted. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Residential Low Density. The R-8 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Residential Low Density. The R-8 zoning is appropriate for the current use of the property as a single-family dwelling and is consistent with neighboring zoning. 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. The parcel also meets the minimum lot dimensions of 70 ft. wide by 100 ft. deep for a parcel zoned R-8 and will have no issue meeting other bulk requirements. Recommendation of Planning Commission: The application was represented by the property owner Ms. Debora Hansen. Following a Public Hearing on February 16, 2021, where no members of the public spoke regarding the proposed annexation and rezoning the Planning Commission voted in favor of the annexation with the proposed R-8 zoning (One Family Residence Zone) with seven (7) votes in favor and no votes in opposition (one member absent). Page 14

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road Planning Commission Recommendation Report of February 16, 2021 Page 8 The applicant expressed her gratitude towards the Planning Office and Public Works (Department of Water & Wastewater) for their help through this process and that she has considered herself a resident of Dover for the last 33 years and has watched many of her neighbors annex into the City. See the Excerpt of the Planning Commission Minutes to see Ms. Hansen’s full statement. Submission of Plan of Services As required by 22 Delaware Code §101, a Plan of Services has been submitted to the Office of State Planning Coordination. A copy of the Plan of Services form and Attachment List is included as well as a letter of Approval from the Office of State Planning Coordination. A copy of the full Plan of Services submission with all attachments is on file with the Planning Office. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sewer is extremely feasible due to the proximity to existing infrastructure on the opposite side of Mifflin Road. It would be the property owner’s responsibility to cover all costs associated with extending and providing services to the existing dwelling. 2) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, etc. 3) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 4) Regarding connection to City services (water and/or sanitary sewer) the applicant must contact the City’s Department of Public Utilities for procedures, permitting and impact fees. Attachments: • Zoning Map Exhibit AX-21-01 • DAC Comments: Department of Public Works, Department of Water/Wastewater, Electric Department, Office of the Fire Marshal, DelDOT, and Kent Conservation District • Excerpt of Draft Minutes from February 16, 2021 Planning Commission Meeting • Municipal Annexation Plan of Services Form with Attachment List and OSPC Approval Letter Page 15

City of Dover Application No.: AX-21-01 Item #2. Department of Planning & Inspections R-8 RG-2 R-8 R-8 Site RM-1 Mi ffl ROS in R d R-8 R-8 Tile: Lands of Debora G. Hansen Ordinance #: 2020-17 Addresses: 228 Mifflin Rd Legend Parcel ID: ED-00-076.14-01-08.00-000 Subject Property Existing Zoning: RS-1 Residential Single Family Zone Proposed Zoning: R-8 One Family Residence Zone Dover Boundary SWPOZ Source Water Protection Overlay Zone Zoning Owner: Debora G. Hansen Date: 11/25/2020 Dover Parcels « Kent County Parcels 0 100 200 400 Feet SWPOZ Tier 3 Page 16

Item #2. City of Dover PETITION TO ANNEX AND REZONE PROPERTY DEVELOPMENT ADVISORY COMMITTEE OF February 3, 2021 PLANNING COMMISSION MEETING OF February 16, 2021 File Number: AX-21-01 Ordinance Number: 2020-17 Applicant: Debora G. Hansen Owner of Record: Debora G. Hansen Property Address: 228 Mifflin Road, Dover DE Tax Parcel ID #: ED-00-076.14-01-08.00-000 Lot Size: 0.6087 acres (26,514.97 SF) Present Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) SWPOZ (Source Water Protection Overlay Zone): Tier 3 (Excellent Recharge Areas) Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Residential Low Density Land Use Designation: Present Use: Single Family Dwelling Proposed Use: Single Family Dwelling Utility Availability: Electric: 228 Mifflin Road is not currently served by City of Dover Electric. Water and Sanitary Sewer: 228 Mifflin Road is not currently served by City of Dover Water or Sanitary Sewer. Water and Sanitary Sewer are available on the opposite side of Mifflin Road. This property is situated on the west side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated Page 17

Item #2. with extending and providing service to the existing dwelling including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. Staff Recommendation: The Electric Department has no objection to the annexation. The Department of Public Works has no objection to the annexation. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service Page 18

Item #2. City of CITY OF DOVER Dover Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: February 3, 2021 DRAFT APPLICATION: Annexation of Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP, Planner I PHONE #: (302) 736-7196 I. Summary This application is for the Annexation and Rezoning of the property at 228 Mifflin Road, Dover. It is a parcel of land totaling 0.6087 acres or 26,514.97 SF +/-. The owner of record is Debora G. Hansen. Tax Parcel: ED-00-076.14-01-08.00-000. II. Existing Property The property is located on the west side of Mifflin Road and approximately 755 feet north of Hazlettville Road. The boundary of the City of Dover surrounds the parcel on the north, east, and west sides. The property includes an existing single-family dwelling. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The owner would like to sell the property and therefore is required to connect to the City Sewer as the septic system is no longer adequate for the size of the dwelling and replacing it would be nearly impossible. III. Surrounding Land Uses To the north, south and east the property is surrounded by single-family dwellings on similar or larger sized lots. To the west of the property is an approximately 16-acre portion of Open Space associated with the Village of Westover PND residential subdivision. Properties to the north, west, and across Mifflin Road are within the City of Dover. The adjacent parcel to the south of the subject site also is not currently within the City of Dover boundaries. IV. Comprehensive Plan In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: Page 19

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 2 • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Residential Low Density. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Residential Low Density. R-20 (One Family Residence) R-15 (One Family Residence) R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) V. Request for R-8 (One Family Residence Zone) & SWPOZ (Source Water Protection Overlay Zone) The applicant has requested the zoning of R-8 (One Family Residence Zone). The types of permitted uses in the R-8 (One Family Residence Zone) are given in Article 3 §1 of the Zoning Ordinance. See the following Code excerpt: Article 3 Section 1. – One Family Residence zone [(R-20, R-15, R-10, R-8, R-7)]. 1.1 Uses permitted. In a one-family residence R-20, R-15, R-10, R-8 and R-7 zones, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof, provided no building is erected and signs conform with article 5, section 4. 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds, subject to approval of site plans by the planning commission in accordance with article 10, section 2. 1.14 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 section 10.1 and to any specified requirements set forth below: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Child day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: Page 20

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 3 i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. (b) Railroad and public utility rights-of-way and structures necessary to serve areas within the city, subject to such conditions as the planning commission may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (c) Country clubs or other annual membership clubs, catering exclusively to members and their guests, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following operations shall be prohibited: i. Outdoor entertainment, live or mechanical; ii. The use of outdoor public address systems for any purpose; and iii. Exterior lighting producing glare at the lot line other than that essential for the safety of the users of the premises. No building erected under the provisions of this paragraph [subsection 1.14(c)] shall be so erected nearer than 50 feet to any street or property line. (d) Adult day care facilities in accordance with Article 5—Supplementary Regulations, Section 22—Adult Day Care Facilities. 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. Page 21

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 4 iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased to a person not [a] resident on the premises. (d) Keeping domestic animals as pets, provided not more than three (3) dogs over six months old, shall be permitted. (e) Keeping of chickens for individual domestic purposes subject to the following restrictions: i. Keeping of chickens shall not be permitted on lots smaller than 10,890 square feet in lot area. ii. No more than five (5) chickens shall be permitted on a residential lot. iii. Chickens shall be registered with the Delaware Department of Agriculture. iv. Chickens shall be penned in a coop that shall be at least four (4) square feet per chicken. v. All chicken coops shall be located in a rear yard and shall be a minimum of 20 feet from side and rear property lines. vi. Any odor associated with the chickens shall not be discernable from property lines. vii. Keeping of roosters shall be prohibited. viii. Any lot with chickens shall either comply with these requirements by June 1, 2016 or remove the chickens. (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6—Off- Street Parking, Section 3—Required off-street parking spaces, Paragraph 3.1—Schedule of requirements. (g) Customary home occupations, provided that: i. No display of products, goods and/or signs shall be visible from the street. ii. Such home occupation shall be incidental and secondary to the residential use of the premises and shall be conducted in the principal building by the resident or residents that reside therein. iii. Nonresident assistants or co-workers shall be prohibited. iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. Page 22

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 5 The property is also subject to the SWPOZ (Source Water Protection Overlay Zone). In this case the property is located in Tier 3 – Excellent Recharge Areas. Information regarding the Excellent Recharge Areas of the SWPOZ can be found in Article 3 §29.79 of the Zoning Ordinance. See the following Code excerpt: Section 29. – Source Water Protection Overlay Zone (SWPOZ). 29.7 Tier 3: excellent recharge areas. Lands defined as tier 3 lands are areas which have been identified as 'excellent recharge areas'. Recharge areas are defined as land with high percentages of sand and gravel that have "excellent" potential for recharge as determined through a stack unit mapping analysis performed originally by the Delaware Geological Survey. 29.71 Applicability. The impervious cover restrictions of this section shall apply only to any activity requiring approval of the planning commission. 29.72 Impervious surfaces. Impervious surfaces within tier 3 lands of the source water protection overlay zone are limited to a maximum of 30 percent. Limits upon impervious surface apply to portions of a site which is within tier 3 lands. New development may exceed the 30 percent impervious cover threshold up to 60 percent impervious cover provided the differential volume of stormwater generated from 30 percent to 60 percent impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations. 29.73 Redevelopment. Site modification which requires site development plan approval must create a 15-percent reduction in the amount of impervious surface on the site when compared to pre-redevelopment conditions. (a) If the 15-percent reduction would require a site to go below the 30-percent maximum impervious surface provision of section 29.72, then the maximum impervious surface cover for the site is 30 percent. (b) If stormwater is infiltrated within the excellent recharge area as per section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60-percent maximum will be required. 29.74 Storage tanks. Underground storage tanks are prohibited within tier 3 lands. Aboveground storage tanks which use, store, transfer, or dispose of any solid or liquid material or waste having potentially harmful impact on groundwater quality are prohibited within tier 3 lands. 29.75 Site design. All reasonable efforts must be undertaken to position permanent structures on the portions of the property which are not subject to the tier 3: excellent recharge area. The particular desires of personal or corporate entities shall not constitute reasonable efforts. 29.76 Alternative design standards. It is the intent of this ordinance to protect, conserve, and improve the available supply of potable water while still maintaining property rights. As such, where the restrictions of this ordinance prevent development that would otherwise be reasonable and proper according to the base zoning, the applicant may request alternative design standards as part of their application and development plan. The planning commission may modify specific bulk standards when in the opinion of the commission, it has been demonstrated that the use of alternative design standards is desirable and consistent with the protection of water resources. Page 23

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 6 Alternative bulk standards include but are not limited to changes in building height/stories, floor area ratio, or building setbacks. 29.77 Master plans. Site development which occurs as part of a site development master plan as specified in the zoning ordinance, article 10 section 2.58 may consider the area of the entire tier 3 portion of the master plan area when developing individual phases. This will allow for higher than prescribed amounts of impervious cover on specific portions of the master plan so long as the overall impervious surface for the entire tier 3 lands in the plan remains in compliance with this section. On a site development master plan, when the city engineer certifies that the project utilizes superior infiltration design that maximizes groundwater recharge, impervious cover may be increased to 75 percent. 29.78 Improvements to existing residential lots. Improvements to existing residential lots, including additions to existing one-family dwellings, the placement of sheds, and fences are exempt from section 29.7 and may be permitted when all other applicable zoning district bulk requirements are met. 29.79 Downtown target area. The downtown redevelopment target area as defined in appendix C, article II, section 3 [Target Area] of the City of Dover Code of Ordinances shall be exempt from the requirements and restrictions of the source water protection overlay zone. 29.710 Special environmental considerations. On sites where infiltration would be contrary to a cleanup agreement or other conditions imposed by the department of natural resources and environmental control or the U.S. Environmental Protection Agency, the impervious surface limitations of this section shall not apply to the affected areas. Such sites shall be certified by the City Engineer through the development application process. 29.711 Procedure for Contesting the delineation of the source water protection overlay zone. Data used to define these zones was generated in a report from the Delaware Geological Survey entitled, "Report of Investigations No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware". Any challenges to the delineation of the source water protection overlay zone must follow the methods provided in the above sited report to contest the delineation. VI. Recommendation of Planning Staff: Staff recommends the annexation of the property at 228 Mifflin Road and its rezoning to R-8 (One Family Residence Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone): Tier 3 be approved as submitted. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Residential Low Density. The R-8 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Residential Low Density. The R-8 zoning is appropriate for the current use of the property as a single-family dwelling and is consistent with neighboring zoning. 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. The parcel also meets the minimum lot dimensions of 70 ft. wide by 100 ft. deep for a parcel zoned R-8 and will have no issue meeting other bulk requirements. VII. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sewer Page 24

Item #2. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 7 is extremely feasible due to the proximity to existing infrastructure on the opposite side of Mifflin Road. It would be the property owner’s responsibility to cover all costs associated with extending and providing services to the existing dwelling. 2) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, etc. 3) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 4) Regarding connection to City services (water and/or sanitary sewer) the applicant must contact the City’s Department of Water & Wastewater for procedures, permitting and impact fees. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. Page 25

Item #2. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 WATER / WASTEWATER 1. Our office has no objections to the proposed annexation of tax parcel ED-00-076.14-01-08.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, January 26, 2021, please find the following: a. 228 Mifflin Road is not currently served by City of Dover Water or Sanitary Sewer. Water and Sanitary Sewer are available on the opposite side of Mifflin Road. This property is situated on the west side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated with extending and providing service to the proposed development including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. 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 26

Item #2. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27,2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER 1. None. STREETS 1. None. SANITATION 1. Residential uses within the City of Dover are required to have City of Dover trash service. GENERAL 1. Our office has no objection to the annexation of tax parcel ED-00-076.14-01-08.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 27

Item #2. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. All installation of electrical equipment will be engineered by the City of Dover Electric Department. Any work performed by the City of Dover will be at the owner’s expense. Initial estimate is approximately $16,500 to provide the service. 2. Electric has no objections to the annexation of the Tax Parcel: ED-00-076.14-01-08.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. 228 Mifflin Road is not currently served by the City but the ability to serve is present. 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 28

C F #2. AX-21-01 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: 01/27/21 D S O H V A E L R APPLICATION: Lands of Debora Hansen at 228 Mifflin Rd FILE #: AX-21-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is an annexation request. This office has no objections. 2. Proposed occupancy classification is single family residential 3. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Page 29

Item #2. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 30

KENT CONSERVATION DISTRICT Item #2. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the annexation of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. Page 31

Item #2. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Debora G. Hansen (228 Mifflin Road) FILE#: AX-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No objection to the Annexation. 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 32

Item #2. CITY OF DOVER PLANNING COMMISSION February 16, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road – Public Hearing and Review for Recommendation to City Council on an Annexation Request and Rezoning Request for a parcel of land totaling 0.6087 acres +/- (26,514.97 SF) located at 228 Mifflin Road, Dover. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 755 ft. north of Hazlettville Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Debora G. Hansen. Property Address: 228 Mifflin Road. Tax Parcel: ED-00-076.14-01-08.00-000. Proposed Council District 1. Ordinance #2020-17 The First Reading of this Annexation Request was held on December 14, 2020. Public Hearing before the Planning Commission is scheduled for February 16, 2021 and City Council on March 8, 2021. Representatives: Ms. Debora Hansen Mrs. Melson-Williams stated that this is a request for Annexation. It is a property owned by Debora G. Hansen. The property is located on the west side of Mifflin Road. On the image, you can see that it is highlighted in yellow and addressed as 228 Mifflin Road. Currently, it is the location of a single family dwelling and in the County, it is zoned RS-1 (Residential Single Family Zone). This request for annexation into the City of Dover would place a request for a zoning of R-8 (One Family Residence Zone) along with the SWPOZ (Source Water Protection Overlay Zone): Tier 3 Excellent Recharge Area. That is kind of the hatched area that you can see depicted on nearby properties that are already within the City of Dover. This property was considered for its utility availability for the City to provide services. Currently, with electric, it is not a City of Dover Electric utility customer and will continue to remain with its current provider. Sanitary sewer and water are available to property; it is located on the opposite side of Mifflin Road. The applicant, if successful, would be eligible to connect to City water and sewer at their expense. Currently, the property has its own septic system and in preparation for the future sale of this property, that is part of the reason why they are pursuing this request for Annexation; it is to be on a better system for that. This area was identified as a Category 1: High Priority Area for Annexation in the City’s Comprehensive Plan. You can see that it’s an enclave of some scattered parcels along Mifflin Road that are not in the City and this will bring yet Excerpt of Planning Commission Meeting of February 16, 2021 Page 1 of 2 Page 33

Item #2. another one of those into the City. The Comprehensive Plan did identify that a residential land- use category is appropriate and R-8 (One Family Residence Zone) would match that appropriately. The rest of the packet does include information in more detail about the R-8 (One Family Residence Zone) and the SWPOZ (Source Water Protection Overlay Zone). Staff does recommend approval and annexation of this property and then setting its City of Dover zoning classification at R-8 (One Family Residence Zone) and then making use of the SWPOZ (Source Water Protection Overlay Zone) to further protect our underground water resources. The various departments and agencies also provided advisory comments as part of our Development Advisory Committee Meeting Report on the project by providing advisory guidance should they become part of the City of Dover and any future utility connection processes or any future development of the site. Ms. Hansen thanked everyone for including her in the Planning Commission meeting this evening. She has considered herself a resident of Dover for about 33 years. During that time, she has seen many of her neighbors go through this process and she does not relish the thought of construction on Mifflin Road. She is sure they don’t either, but she thinks it is time and as Mrs. Melson-Williams said, this will add one more resident into the City of Dover. She does appreciate the Planning Office and Public Works’ help in assisting her in this request for your consideration. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Dr. Jones moved to recommend approval to City Council for AX-21-01 Lands of Debora G Hansen at 228 Mifflin Road and for the approval of the zoning request from RS-1 (Residential Single Family Zone) in Kent County to R-8 (One Family Residence Zone) in the City of Dover and to include the SWPOZ (Source Water Protection Overlay Zone), seconded by Mrs. Welsh and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Dr. Jones voting yes; it is a nice addition to the City of Dover. Mr. Adams voting yes; he agrees with Dr. Jones. Mrs. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; based on the recommendations of the Comprehensive Plan and it just makes sense. Mrs. Lord voting yes; for reasons stated and it does make sense. Mrs. Welsh voting yes; it is an appropriate rezoning request for the City. Mrs. Maucher voting yes; for reasons previously stated. Excerpt of Planning Commission Meeting of February 16, 2021 Page 2 of 2 Page 34

Item #2. Municipal Annexation Plan of Services Pursuant to Title 22, Delaware Code, §101, any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, must submit a Plan of Services to the Office of State Planning Coordination. The Plan of Services must be received by our office for review and acceptance at least 20 working days prior to the final discretionary action taken by the municipal legislative body. Please review your charter to identify the final discretionary action for your particular jurisdiction. For example, in some municipalities, the act of voting to hold a special election obligates the jurisdiction to annex the property in advance, pending the outcome of the election. For your information, provisions of the Delaware Code applicable to annexations are attached at the end of the Plan of Services. ● If you complete the form electronically, the template will expand as you type. You must also send a signed original form through the regular mail. To submit attachments electronically, place your cursor in the area indicated at the end of the document and use the Insert function on your toolbar. ● A completed Plan of Services demonstrates the ability of your municipality to provide utilities and public services to the area proposed for annexation. We welcome the inclusion of supplemental materials that illustrate the character of the site, any proposed development, and the impact the proposed annexation will have on your community. ● The form and all attachments must be fully completed at the time of submission. The Plan of Services will not be reviewed unless all attachments have been provided. You can use the list below to be sure all attachments have been included with the Plan of Services. Attachment Checklist Locator map attached Annexation map from comprehensive plan attached Water facilities plan attached on file with OSPC Water provider letter attached not applicable Wastewater facilities plan attached on file with OSPC Wastewater provider letter attached not applicable Electric provider letter attached not applicable Police, Fire, EMS letters attached Current municipal budget attached on file with OSPC Current municipal audit attached on file with OSPC Annexation agreements attached not applicable Planning or Annexation Committee report attached Signatures of Mayor and Town Engineer attached NOTES: 1 Page 35

Item #2. MUNICIPAL ANNEXATION PLAN OF SERVICES 1. Property Information 1.1 Property name/description: Lands of Debora G. Hansen 1.2 Tax parcel identification number(s): ED-00-076.14-01-08.00-000 1.3 Address: 228 Mifflin Road City : Dover State: DE Zip code: 19904 1.4 Total acreage: 0.6087 ac. +/- or 26,515 SF 1.5 Locator map which clearly shows the parcel(s) and demonstrates contiguity attached. 1.6 Annexation map from the certified municipal comprehensive plan which clearly indicates the location of the parcel(s) attached. 1.7 Name of petitioner for annexation: Debora G. Hansen Address: 228 Mifflin Road City : Dover State: DE Zip code: 19904 1.8 Municipality name: City of Dover Contact person: Samantha Bulkilvish Address: P.O. Box 475 City : Dover State: DE Zip code: 19901 Phone: 302-736-7196 E-Mail: sbulkilvish@dover.de.us 2. Planning Information 2.1 Is the property developed? Yes No 2.2 How is the property identified in the certified municipal annexation plan? Annexation area Short-term annexation area Long-term annexation area Other (define): Category 1: High Priority 2.3 What is the land-use designation in the certified municipal annexation plan? Residential 2.4 Current use: Single Family Dwelling Current county zoning: RS-1 2.5 Proposed use: Singel Family Dwelling Proposed municipal zoning: R-8/SWPOZ 2.6 Proposed density: One Dwelling Unit Maximum allowable density: 1 DU/8,000 SF 2.7 EDUs within current municipal boundaries: 23,181 EDU's Vacant acreage within current municipal boundaries: 1,601.53 acres +/- 2.8 Utility/Service: Provider: Water Current On-Site Well / Future City of Dover Wastewater transmission Future City of Dover Wastewater treatment Current On-Site Septic / Future Kent County Electricity Delmarva Power Police City of Dover Fire Dover Fire Department EMS Kent County Road maintenance and repair State of Delaware Other: 2 Page 36

Item #2. 3. Abbreviated Plan of Services Indicate if any of the following conditions apply to the proposed annexation area and proceed to Section 9. If none apply, proceed to Section 4. The property is an enclave1 of five (5) acres or less. The property is ten (10) acres or less and more than 50% is within municipal boundaries. The property has been subdivided and fully developed and utilities and services are currently provided by the municipality. The property has been subdivided and fully developed and utilities/services are provided by the municipality or another public utility. The public utility must supply a letter of concurrence describing their ability to provide necessary services to the proposed annexation area. 4. Water System 4.1 Check here if the municipality will provide water to the proposed annexation area, attach relevant sections of the most recent water facilities plan and complete Items 4.2 through 4.7. If not, proceed to Item 4.8. 4.2 Current municipal system capacity (maximum gpd without capital expenditure): 4.3 Average municipal water usage (gpd): 4.4 DNREC permit allocation (gpd): DNREC permit #: 4.5 Estimated future water demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning: 4.6 Estimated future water demand for the proposed annexation area (gpd) based on EDUs for proposed density or maximum allowable density under the proposed zoning: 4.7 If the current infrastructure cannot meet the estimated demand of the proposed annexation area, indicate how this will be addressed: 4.8 If the municipality does not provide water, attach statement(s) from the water provider indicating their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached 5. Wastewater System 5.1 Check here if the proposed annexation area will be served by a public wastewater system and complete Items 5.2 through 5.8. If not, complete Items 5.8 and 5.9. 5.2 Check here if the municipality will transmit and treat wastewater from the proposed annexation area, attach relevant sections of the wastewater facilities plan, and complete Items 5.3 through 5.8. Check here if the municipality will transmit wastewater to another treatment operator and proceed to Item 5.9. Check here if wastewater will be transmitted and treated by another treatment operator and proceed to Item 5.9. 5.3 Current municipal treatment capacity (daily maximum gpd without capital expenditure): 5.4 Current municipal average wastewater flow (gpd): 5.5 DNREC permitted discharge (gpd): 5.6 Estimated future wastewater demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning: 3 Page 37

Item #2. 5.7 Estimated future wastewater demand for proposed annexation area (gpd) based on EDUs under the proposed density or maximum allowable density under the proposed zoning: 5.8 Describe any municipal or developer funded infrastructure improvements necessary to transmit and/or treat waste from the proposed annexation area. 5.9 If the municipality does not provide wastewater transmission and/or treatment, attach statement(s) from the wastewater service provider and/or treatment operator indicating their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached 6. Electricity 6.1 Check here if the municipality will provide electric service to the proposed annexation area and complete Items 6.2 and 6.3. If not, proceed to Item 6.4. 6.2 Date of the most recent municipal electrical facilities plan: 6.3 Describe electrical upgrades underway or planned within the next 5 years for the proposed annexation area: 6.4 If electrical service is to be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission, attach a statement from the provider indicating their ability to serve the proposed annexation area and briefly describing phasing plans or special arrangements needed to support either the proposed density or maximum allowable density under the proposed zoning. letter attached 7. Public Safety 7.1 Public safety and other non-municipal authorities are obligated to serve their territories and are to be notified of proposed annexations. Attach copies of notification letters and any responses to and from non-municipal police, fire, EMS, county or other authorities having jurisdiction in the proposed annexation area. letters attached 8. Fiscal Information 8.1 Attach a copy of the municipality’s current fiscal year budget. budget attached budget on file with Office of State Planning Coordination budget not available; the fiscal management practices of the municipality are described as follows : 8.2 Attach a copy of the most recent audit prepared for the municipality. audit attached audit on file with Office of State Planning Coordination audit not available 8.3 If applicable, attach copies of any annexation agreement(s) with owners, potential buyers or developers, and/or service providers pertaining to the proposed annexation area. agreement(s) attached not applicable 8.4 If applicable, use the following table to indicate the source of funds to construct infrastructure necessary to develop the annexation area to either the proposed density or maximum allowable density under the proposed zoning. not applicable 4 Page 38

Item #2. Impact Fees or Capital Other Municipal Annexation Fees from Infrastructure Improvements Funds Developer or Public Utility Water system Wastewater transmission Wastewater treatment Electrical system Public streets 8.5 If applicable, use the following table to indicate the source of funds to maintain the annexation area when developed to either the proposed density or maximum allowable density under the proposed zoning. not applicable Homeowner Public Utility Operating or Fees or Other Municipal and Condominium Enterprise Funds Maintenance Costs Association Funds 2 Fees Water system Wastewater transmission Wastewater treatment Electrical system Public streets 9. Certifications The undersigned certify that the information provided in this Plan of Services is complete and accurate to the greatest extent practicable and that all letters required from service and utility providers are attached. Mayor Town Engineer Place your cursor below this line and use the Insert function on your toolbar to attach documents electronically. 5 Page 39

Item #2. Municipal Annexation Plan of Services Summary of Attachments City of Dover, DE Annexation of 228 Mifflin Road, Dover, DE Attachments: • Location Map: Zoning Map Exhibit AX-21-01 • Annexation map from Comprehensive Plan: o Map 13-1 Potential Annexation Areas o Map 13-2 Potential Land Use for Annexation Areas • Wastewater provider letter: o Letter to Kent County Department of Public Works o Letter from Kent County Department of Public Works of January 7, 2021 • Letter from City Manager regarding Electric Service continuation by Delmarva Power • Police, Fire and EMS Letters: o Email followed by Letter sent to Dover Police Department o Email followed by Letter sent to Dover Fire Department o Email followed by Letter sent to Kent County Emergency Medical Services • Report to Utility Committee on AX-21-01 Lands of Debora G. Hansen. 228 Mifflin Road • Development Advisory Committee (DAC) Report on AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road forwarded to Planning Commission for meeting of February 16, 2021 Other Reference Links: • City of Dover 2020-2021 DRAFT Annual Operating Budget https://www.cityofdover.com/media/Government/2020- 2021%20Draft%20Annual%20Operating%20Budget.pdf • City of Dover Ordinance #2020-09 2020-2021 Budget Ordinance https://evogov.s3.us-west-2.amazonaws.com/27/media/287151.pdf • City of Dover Comprehensive Annual Financial Report (CAFR) for Year Ending June 30, 2020. Page 23 includes Audit information as Report of Independent Public Accountants. https://www.cityofdover.com/media/Finance/CAFR%20Reports/2019%20CAFR%20- %20Final%20-%20Revised.pdf Page 40

Item #2. STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION February 17, 2021 Ms. Samantha Bulkilvish Planner I City of Dover P.O. Box 475 Dover, DE 19903-0475 RE: Plan of Services 2021-02, Lands of Debora G. Hansen Tax Parcel(s): 02-00-07614-01-0800-00001 Dear Ms. Bulkilvish, This letter is to confirm that we have received and accepted the completed Plan of Services for the above referenced annexation. The City has completed all relevant annexation requirements of Title 22, Section 101, and subsection (3) of the Delaware Code. After this property has been annexed please notify our office in writing so that we may update our records and maps. A copy of the annexation committee report and the official annexation resolution should accompany this notification. Please do not hesitate to contact me if I can be of any further assistance. Sincerely, David L. Edgell, AICP Principal Planner 122 Martin Luther King Jr. Blvd  Third Floor  Dover, DE 19901 Phone (302)739-3090  Fax (302) 739-5661  www. stateplanning.delaware.gov Page 41

Item #2. City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2020-15 1 A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE 2 CITY OF DOVER. 3 WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City 4 in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and 5 WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area 6 contiguous to the present City limits, and hereinafter more particularly described, within the limits of the 7 City of Dover; and 8 WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of 9 all property considered for annexation, no election shall be required. For an annexation petition not 10 requiring an election, such petition shall be processed in accordance with procedures established for 11 amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions 12 shall be processed concurrently with the rezoning of the property considered for annexation and shall be 13 subject to public hearing before City Council. Public notice shall be completed in accordance with the 14 provisions of the Dover Code relating to amendment of the zoning map. 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF 16 DOVER, IN COUNCIL MET: 17 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, 18 along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to 19 and included within the limits of the City of Dover: 20 All that certain parcel of land situated in the subdivision known as Atlantic Land C. 21 Development, East Dover Hundred, Kent County, State of Delaware, being a major portion 22 of Lot #14 as shown on a plan recorded in Plot Book #3, Page 157, being more recently 23 shown on a plan of Elliot Surveying Dated 06/04/1988, said plan being an integral part 24 hereof, said lot lying on the westerly side of Mifflin Road 60 ft. wide and being bounded as 25 follows: On the North by Lands now or late of Ralph C., Sr. and Dorothy S. Jones on the 26 East by Mifflin Road, on the South by Lands now or late of Jeff Daniels, Jr., and Audrey O. 27 Daniels, and on the West by Lands now or late of Eugene B. Gagen; being more particularly 28 described as follows: 29 Beginning at a point on the westerly side o Mifflin Road a corner for the lot and Lands of the 30 said Daniels said point being a found iron pipe located on the following two courses and 31 distances, as per the above noted Record Plan, from the intersection of the "Old" North Line P.O. Box 475 ˜ Dover, Delaware ˜19903 Page 42 Community Excellence Through Quality Service

PROPOSED COUNCIL RESOLUTION NO. 2020-15 Item #2. PAGE 2 32 of County Road #73 with the westerly line of Mifflin Road, said courses as measured along 33 the said side of Mifflin Road: (1) North 9 degrees 30 minutes West 358.1 feet, thence, (2) 34 By the arc of a circle curving to the left R=1116.3 feet a distance of 441.9 feet to a point, the 35 point of beginning; thence from the said point of beginning the following six courses and 36 distances: (1) South 65 degrees 35 minutes west 300 feet measured along line of the said 37 Daniels Land to a point a found iron pipe in line of lands of the said Gagen, thence with the 38 same, (2) North 24 degrees 25 minutes West 88.10 feet to a point a found iron pipe a corner 39 for land of the said Jones, thence with the same, (3) North 65 degrees 35 minutes East 187.15 40 feet to a point, thence, (4) North 58 degrees 45 minutes East 100 feet to a point a found iron 41 pipe on the westerly side of Mifflin Road, thence with the same, (5) South 32 degrees 16 42 minutes 30 seconds East 98.90 feet to a point, thence with the same, (6) By the arc of a circle 43 curving to the right R=1116.3 feet a distance of 1.90 feet to a point beginning. Containing 44 within said metes and bounds 0.6087 acres of land more or less, and being #228 Mifflin 45 Road. 46 47 2. That the above described property shall be annexed into the City of Dover with a zoning 48 classification as set by City Council and in accordance with the zoning map and environs then in force, 49 effective upon such lands being included within the limits of the City of Dover. 50 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall 51 be filed for record with the Recorder of Deeds of Kent County. 52 4. That the effective date of this resolution shall be the 9th day of March, 2021 at 12:01 a.m. 53 ADOPTED: * 54 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2020\DRAFT\RESOLUTION NO. 2020-15 - ANNEXATION-228 MIFFLIN ROAD\RESOLUTION NO 2020-15 ANNEXATION-228 MIFFLIN ROAD.wpd 55 56 ROBIN R. CHRISTIANSEN WILLIAM F. HARE 57 MAYOR COUNCIL PRESIDENT 58 Actions History 59 03/08/2021 - Scheduled for Introduction - City Council Page 43

Item #2. FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2020-17 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 3 228 MIFFLIN ROAD 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 5 limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 7 described below from RS-1 - Residential Single Family Zone (Kent County zoning classification) to 8 R-8 - One Family Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone (City 9 of Dover zoning classification). 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 RS-1 14 - Residential Single Family Zone (Kent County zoning classification) to R-8 - One Family 15 Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone (City of Dover 16 zoning classification) on that property located at 228 Mifflin Road, consisting of 0.6087 +/- acres, 17 owned by Debora G. Hansen. 18 (TAX PARCEL: ED-00-076.14-01-08.00-000; PLANNING REFERENCE: AX-21-01; COUNCIL DISTRICT: 1) 19 ADOPTED: * 20 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-17 - REZONING - 228 MIFFLIN ROAD\ORDINANCE 2020-17 Rezoning - 228 Mifflin Road - Final Reading.wpd 21 Actions History 22 March 8, 2021 - Scheduled for Public Hearing/Final Reading - City Council 23 February 16, 2021 - Public Hearing - Planning Commission 24 December 14, 2020 - First Reading - City Council Page 44

Item #3. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Public Hearing before the Dover City Council March 8, 2021 Recommendation from Planning Commission Meeting of February 16, 2021 with Staff and Development Advisory Committee Review MI-21-01 Comprehensive Plan Amendments 2021 – Amendment A Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). A. Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00-000. This is associated with rezoning application Z-21-01. Owner: College Towers, LLC Equitable Owner: Two Farms, LLC Address: 1205 McKee Road Tax Parcel: ED-05-067.00-02-51.00-000 Size: 3.46. +/- acres Existing Land Use: Vacant land 2019 Comprehensive Plan Designation – Land Use Classification: Office Proposed Comprehensive Plan Designation – Land Use Classification: Commercial Low Intensity File Number: MI-21-01A Ordinance Number: #2021-01 Planning Commission Recommendation: The Application (MI-21-01A) for Comprehensive Plan Amendment Request was represented by a representative of the Page 45

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 2 property ownership entity and the applicant’s engineering firm. A Public Hearing was conducted on February 16, 2021 where two members of the public spoke regarding the Amendment application and three written comments (in opposition) were received. The written correspondence included a Protest Petition of Opposition to the Rezoning Application; see separate attachment. The Planning Commission moved by vote of 7-0 to recommend in favor of the proposed Land Use Classification change from Office to Commercial Low Intensity. (Draft Meeting Minutes attached.) APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01A Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by 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 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form 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. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01A) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the Attachments. A. MI-21-01A Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map Request for Land Use Classification Change from Office to Commercial Low Intensity This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for property located at the northeast corner of McKee Road and College Road known as 1205 McKee Road. The Request is that Land Use Classification be changed from Office to Commercial Low Intensity to be depicted on Map 12-1: Page 46

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 3 Land Development Plan. This request is associated with the Rezoning application for the same property, identified as Z-21-01 Lands of College Towers LLC at 1205 McKee Road. This Request was submitted by the property owner College Towers LLC. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Office. The property currently has the zoning of CPO (Commercial Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone). • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01A Exhibit of Current Designation & Proposed Designation, and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01A) for Amendment seeks to change the Land Use Classification to Commercial Low Intensity to enable consideration of rezoning the property to C-2A (Limited Central Commercial Zone) with the COZ-1 (Corridor Overlay Zone). • See submissions from Applicant: Memorandum in Support of Comprehensive Plan Amendment and Rezoning (Narrative); College Towers Land Use Map Exhibit; and College Towers Zoning Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The property at 1205 McKee Road was annexed into the City of Dover in February 2006 (AX- 05-06 Lands of Antoine Ashburn) and consisted of four (4) parcels. The four parcels consolidated into one land tract were the subject of two proposed Site Development Plans as an office complex. These Site Plans were S-06-48 Ashburn Office Complex and then S-07-53 Ashburn Office Complex which the Planning Commission approved in November 2007 and achieved Final Plan Approval in November 2009. The proposed Office Complex did not move to commence construction and the Site Plan expired. In 2014, there was a request for a Comprehensive Plan Amendment (MI-14-01B) to revise the Land Use Classification of the property from Office to Commercial (under the 2008 Comprehensive Plan) and to seek rezoning to C-2A. The Request MI-14-01B did not receive a favorable recommendation from the Planning Commission and withdrew the application and the rezoning request. The land continues to remain vacant. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject area at 1205 McKee Road of 3.46 acres as the Land Use Classification Category of Office on Map 12-1: Land Development Plan Map. The Request seeks to take the entire parcel to the Land Use Classification Category of Commercial Low Intensity. The approaches to the Land Use as Office are specifically discussed under the heading of “Employment Centers, Office Park, and Industrial Land Uses” in Chapter 12 – Land Development Plan. See the following discussion statement on Office Parks from the 2019 Comprehensive Plan. Page 47

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 4 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 more intense commercial and industrial land uses and residential land uses. This designation usually involves the C-PO (Commercial/Professional Office Zone) zoning district. These areas are located throughout the City with established office concentrations in the Enterprise Business Park, along Silver Lake Boulevard, on College Park Drive, along Old Rudnick Lane, the Northgate Center, and elsewhere. Scattered office uses are also located along Saulsbury/McKee Road and within designated “Mixed Use” areas in the Eden Hill Farm Traditional Neighborhood Design (TND). Smaller scale areas for office parks are the Woodbrook complex on South Governors Avenue, office complexes along Walker Road, and areas along Route 8. Regarding Commercial Land Uses and the Land Use Classification of Commercial Low Intensity, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-11. New to the 2019 Comprehensive Plan, a hierarchy of intensities is set up by designating a series of commercial land use categories: Commercial - Entertainment; Commercial – High Intensity; and Commercial – Low Intensity. The general polices for Commercial Land Uses and the statement on Commercial – Low Intensity are listed in the 2019 Comprehensive Plan excerpts presented below: Policies: Commercial Land Uses – in General 1. Create flexible and contemporary commercial zoning provisions that reflect emerging trends in uses, facilities, shopping preferences, and consumer demographics to meet future needs. 2. Encourage the preservation and adaptive re-use of existing commercial buildings and properties in a manner consistent with the character of the area. Continue to refine the Zoning Ordinance and other codes to ensure that City ordinances do not discourage adaptive re-use of vacant commercial buildings, both in the historic downtown and in commercial corridors. 3. Limit the frequency of commercial site entrances along arterial roadways by promoting shared use entrances and cross-access easements among adjoining properties. 4. Periodically review the performance of commercial sign codes to determine their effectiveness and the codes’ impact on the quality of commercial corridors while accommodating emerging concepts of commercial identity and brand. 5. Promote pedestrian and bicycle improvements and connecting pathways between existing and proposed neighborhood commercial sites and the residential areas they serve. 6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks to accommodate alternative means of access to commercial centers. Commercial - Low Intensity Commercial Areas The Plan identifies areas for Commercial Low Intensity areas intended for predominately neighborhood commercial use to meet the convenience retail and service needs of existing and future Page 48

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 5 residential areas. These uses can be accommodated in newly constructed purpose-built buildings, in renovated existing buildings, or as part of mixed-use redevelopment initiatives. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01A Property at 1205 McKee Road regarding the Land Use Classification change from Office to Commercial Low Intensity. Following our review of the assumptions and policies for Commercial Land Uses and the description of Commercial Low Intensity 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 Commercial Low Intensity appears to be consistent with the development of the area and the goals of the Comprehensive Plan. Staff supports the change to a Land Use Classification of Commercial Low Intensity for this property at 1205 McKee Road. This area includes existing infrastructure (transportation network, water, sanitary sewer, electric, etc.) needed for economic development activities and has become an opportunity for infill commercial development to provide goods and services for the nearby residential areas and those traveling the McKee Road corridor. This area of the City has been the focus of recent development activity in the last five years as vacant tracts of land have been built upon. An apartment complex was constructed in the next block west on College Road and the residential subdivision (one-family dwellings) of Emerald Point is fully complete. Slightly to the north on the west side of McKee Road, the development of an institutional use occurred with the rehabilitation hospital facility known as Post-Acute Medical Hospital of Dover. Also annexed was a 78.6-acre tract further north on the east side of McKee Road with zoning of C-2A for commercial development (5.26 acres) and the zoning of RG-2 for a higher density residential development. The general area is a mix of land uses. In addition, this property is along a major north-south corridor linking Route 13/North DuPont Highway and State Route 1 via Scarborough Road, McKee Road, and Saulsbury Road to the POW-MIA Parkway in the southern part of Dover. This change in Land Use Classification to Commercial Low Intensity offers a broader range of zoning districts with a variety of land uses for development than just the Land Use Classification of Office. The current zoning of CPO (Commercial Professional Office Zone) for the site has not resulted in development since its annexation in 2006. From an economic development perspective, Staff feels that it is unlikely that it would develop as an office site and is more likely valuable for commercial use. Any future development of the property will also be subject to designs to enhance the streetscape and aesthetics due to the provisions of the COZ-1 and will likely include transportation system improvements and multi-modal improvements to achieve appropriate site access from adjacent State-maintained roadways. RECOMMENDATION OF THE PLANNING COMMISSION: At the Virtual Planning Commission Meeting of February 16, 2021, the Application (MI-21-01A) was represented by Constantine Malmberg of The Malmberg Firm as a representative of the property owner College Towers LLC and by Jonathan Street of the application’s engineering firm Page 49

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 6 the Becker Morgan Group. During the Public Hearing, two (2) members of the public spoke and three written comments (including a Protest Petition) were received regarding the Comprehensive Plan Amendment Request (and associated Rezoning). The Planning Commission recommended in favor of the proposed Comprehensive Plan Amendment (MI-21-01A) for the Land Use Classification change from Office to Commercial Low Intensity of the property at 1205 McKee Road as proposed with a vote of 7-0 with two members absent. See also the included excerpt of the DRAFT Meeting Minutes of the February 16, 2021 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. Petition of Opposition to Comprehensive Plan Amendment MI-21-01A and Rezoning Application Z-21-01 A Petition of Opposition was received prior the Planning Commission Public Hearing on February 16, 2021 regarding Comprehensive Plan Amendment Request MI-21-01A Property at 1205 McKee Road: Consideration of Amendment to Map 12-1: Land Development Plan Map change from Office to Commercial Low Intensity and Rezoning Application Z-20-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A and subject to COZ-1. The Petition from area property owners with eleven (11) signatures from owners of properties in the area objecting to the proposed rezoning of 1205 McKee Road, Dover. Planning Staff evaluated the Petition along with available property records to determine the adjacency of the signatories’ lots/properties to 1205 McKee Road as it relates to the requirements of 22 Del. Code §305. See attached Memorandum and analysis documents. The Petition is valid as per 22 Del. Code §305. Any action to approve the Rezoning of 1205 McKee Road (Ordinance #2021-04) requires a three-fourths majority of City Council. ATTACHMENTS: • Application MI-21-01A Submission: o Memorandum in Support of Comprehensive Plan Amendment and Rezoning (Narrative from Applicant) o College Towers area Land Use Map Exhibit o College Towers area Zoning Map Exhibit • Map 12-1: Land Development Plan Map (as adopted) • MI-21-01 Comprehensive Plan Amendments Request Locations Exhibit Map • Table 12-1: Land Use and Zoning Matrix from the 2019 Comprehensive Plan • MI-21-01A Amendment A: Exhibit of Current Designation & Proposed Designations • Development Advisory Committee Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District Page 50

Item #3. MI-21-01A – Comprehensive Plan Amendments 2021: Property at 102 McKee Road PC Recommendation Report of February 16, 2021 Page 7 • PLUS Review #2021-01-04 Comment Letter of February 15, 2021 • Written Correspondence received for Planning Commission Meeting consisting of EXHIBIT SET – Public Comments Received (to 2:00pm on 2/16/2021): o Letter of Protest (Objection) from Jaimini Patel of Riddhide Siddhi LLC (Owner of 1005 College Road and 1216 McKee Road) dated February 11, 2021 o Petition and List of Signees to Protest (Objection) to Rezoning Application for 1205 McKee Road – signed by 11 individuals of various addresses between 2/3/2021 to 2/10/2021 o Letter of Concern (regarding future proposed use) from Ted Werner, CEO of PAM Rehabilitation Hospital of Dover located at 1240 McKee Road dated February 16, 2021 with attachment (Listing of incidents at convenience stores) • Additional Public Comments Received: o Email (of Objection and Concern) from Malynda Hivner, Vice President of Development for Presbyterian Senior Living (Westminster Village) received February 25, 2021 • Excerpt from DRAFT Planning Commission Meeting Minutes of February 16, 2021 • Memorandum on Petition of Opposition from Planning Office dated March 3, 2021 with Attachments: o Petition of Opposition Objecting to Rezoning (received February 12, 2021) o Petition Exhibit Map 1 (Close-up of site) o Petition Exhibit Map 2 (Petitioners identified) o Petition Summary Analysis Spreadsheet • Proposed Ordinance #2021-01 Page 51

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F:\AutoCAD\Projects\2020\2020147\DWG\2020147-CONCEPT-C3D18.dwg, Dec 15, 2020 - 10:17am 2020147.00 1" = 200' 12/15/2020 LND USE Item #3. DRAWN BY: J.N.S. BMG: SCALE: DATE: ARCH I T E C TURE 309 S. Governors Ave. Dover, DE Dover, DE 19904 Ph. 302.734.7950 ENG I N E E R I NG Fax 302.734.7965 LAYER STATE: COMP-AMEND RESIDE\_.TIAL MEDIUr,r DENSITY 200 SCALE: 1" = 200' 100 0 COMPREHENSIVE PLAN AMENDMENT / REZONING SITE DATA 1. OWNER OF RECORD: COLLEGE TOWERS, LLC 30 THE GREEN DOVER, DE 19901 - 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 S. GOVERNORS AVE. DOVER, DE 19904 COLLEGE TOWERS (302) 734-7950 KENT COUNTY / DELAWARE 3. PROPERTY MAP NUMBER: 2-05-06700-02-5100-00001 4. ZONING CLASSIFICATION: EXISTING: CPO / (CITY OF DOVER) PROPOSED: C-2A / (CITY OF DOVER) 5. DEED SUMMARY: - 6. PLAT REFERENCE: - 7. PRESENT USE: VACANT COMMERCIAL PROPERTY 8. PROPOSED USE: RETAIL CITY OF DOVER 9. TOTAL SITE AREA: 3.46 ACRES ± 13. SOURCE OF WATER: CITY OF DOVER 14. SOURCE OF SEWER: CITY OF DOVER 15. SOURCE OF GAS: CHESAPEAKE UTILITIES 16. SOURCE OF ELECTRIC: CITY OF DOVER Page 55

F:\AutoCAD\Projects\2020\2020147\DWG\2020147-CONCEPT-C3D18.dwg, Dec 15, 2020 - 10:16am 1" = 200' 2020-12-15 12/15/2020 2020147.00 Item #3. ZONE DRAWN BY: J.N.S. BMG: SCALE: DATE: . ARCH I T E C TURE 309 S. Governors Ave. N Dover, DE Dover, DE 19904 Ph. 302.734.7950 ENG I N E E R I NG IO IO OFFICE Fax 302.734.7965 LAYER STATE: COMP-ZONE SUBJECT PROPERTY RG-2 CPO 200 SCALE: 1" = 200' C2-A C2-A Do Not Explode - Select Scale 100 COLLEGE ROAD 0 McKEE RO CPO COMPREHENSIVE PLAN AMENDMENT / REZONING AD (DE-15 IO IO RG-5 SITE DATA ) 1. OWNER OF RECORD: COLLEGE TOWERS, LLC 30 THE GREEN DOVER, DE 19901 - 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 S. GOVERNORS AVE. DOVER, DE 19904 COLLEGE TOWERS (302) 734-7950 KENT COUNTY / DELAWARE 3. PROPERTY MAP NUMBER: 2-05-06700-02-5100-00001 4. ZONING CLASSIFICATION: EXISTING: CPO / (CITY OF DOVER) PROPOSED: C-2A / (CITY OF DOVER) 5. DEED SUMMARY: - 6. PLAT REFERENCE: - - 7. PRESENT USE: VACANT COMMERCIAL PROPERTY 8. PROPOSED USE: RETAIL CITY OF DOVER 9. TOTAL SITE AREA: 3.46 ACRES ± 13. SOURCE OF WATER: CITY OF DOVER 14. SOURCE OF SEWER: CITY OF DOVER 15. SOURCE OF GAS: CHESAPEAKE UTILITIES 16. SOURCE OF ELECTRIC: CITY OF DOVER Page 56

Item #3. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan.mxd Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 57 Division.

Item #3. MI-21-01 Comprehensive Plan Amendment Request Locations File: I:\DAC\2021 Applications\ 2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C City of Dover, DE 2019 Comprehensive Plan - Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Amendment C 1365 N Dupont Hwy Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Amendment A Open Space, Conservation, Recreation 1205 McKee Road Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Amendment B Water Bodies 92 N West Street 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 58 Division.

Item #3. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) Page 12 - 26 – 2019 Comprehensive Plan Adopted 1.13.2020 Page 59

Item #3. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) 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 Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) 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) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Public and Private Utilities Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) Any zone subject to conditions Right-of-Way Street, Road and Alley Rights-of-way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Source: Department of Planning and Inspections 2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27 Page 60

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment A Item #3. Department of Planning & Inspections Current Designation Proposed Designation Site Site Office Commercial Low Intensity W W estm tm es d in d in R ste r R ste olle olle r ge Dr ge rD C C McK McK ee ee Rd Rd « Plan Title: Lands of College Towers, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1205 McKee Road Plan Type: Comprehensive Plan Amendment A Land Use Industrial Residential High Density Tax Parcel: ED-05-067.00-02-51.00 Active Agriculture Institutional Residential Low Density Current Land Use: Office Proposed Land Use: Commercial Low Intensity Commercial Entertainment Mixed Use Residential Medium Density Owners: College Towers, LLC and Two Farms, Inc. Commercial High Intensity Office Train Track Date: 12/31/2020 0 70 140 280 Feet Page 61 Commercial Low Intensity Open Space Water

Item #3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01A REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcel ED-05- 067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS 1. None. SANITATION 1. City of Dover commercial sanitation customers are limited to a maximum of two (2), ninety (90) gallon trash containers. In order to best serve the proposed use, it is recommended that a private hauler be utilized. GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 62

Item #3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None Page 63

Item #3. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT 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 64

Item #3. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us T HE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 65

C F #3. MI-21-1A 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: 01/27/21 D S O H V A E L R APPLICATION: Property at 1205 McKee Rd FILE #: MI-21-01A REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief Building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 66

Item #3. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 67

KENT CONSERVATION DISTRICT Item #3. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. Page 68

Item #3. Srlrn on DBr,lwaRr Expcurrvn DppnnrmBNr Oprrcr on Srlrn PlaNNlNc CoonnrNlrroN February 15,2020 David S. Hugg III City of Dover Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: PLUS review 202I-01-04; City of Dover Comprehensive Plan Amendment Dear Mr. Hugg: Thank you for meeting with State agency planners on January 27 ,2021to discuss the proposed Comprehensive Plan Amendment for the City of Dover. This amendment represents an annual submission to the Office of State Planning Coordination which addresses amendments compiled throughout the previous calendar year. There are three specific amendments to the Land Development Plan map in Dover's comprehensive plan that are being considered as a part of this application: o Amendment A, Property at 1205 McKee Road. Tax Parcels # ED05-067.00-02-51.00- 000. This parcel is located at the northeast corner of McKee and College Roads. It is currently designated for future Offrce land use, and it is proposed to change to future Commercial Low Intensity land use. o Amendment B, Properties at92 N. West Street. Tax Parcels #ED05-076.08-01-16.00- 000 and ED05-076.08-01-44.00-000. This property is located between N. West Street and the railroad corridor between Fulton and Cecil Streets. The parcels are currently designated for Industrial future land use, and are proposed to change to Mixed Use future land use. a Amendment C, Properties at 1365 N. DuPont Highway. Tax Parcels # ED02-057.00-01- 14.04-000 and ED02-057.00-01-14.05-000. These parcels comprise the undeveloped lands behind the Dover Mall, between the mall and Rt. 1. The parcels are currently designated for Commercial High Intensity future land use, and are proposed to change to the Mixed Use future land use category. I22Martin Luther King Jr. Blvd. South - Haslet Armory . Third Floor . Dover, DE 19901 Phone (302)739-3090 . Fax (302) 739-5661. www. stateplanning.delaware.gov Page 69

Item #3. PLUS review 2021-01-04 Page 2 of 5 Please note that additional changes to the plan could result in additional comments from the State. Additionally, the comments below reflect only issues that are the responsibility of the agencies that were represented at the meeting. Office of State Plannine Coordination - Contact David Edeell 739-3090 a Amendment A, Property at 1205 McKee Road. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment Level I 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. Our offrce has no objections to this proposed future land use change. a Amendment B, Properties at92 N. West Street. This parcel is located in Investment Level I according to the Strategies for State Policies and Spendirag. Investment Level 1 reflects areas that are akeady 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. These parcels are also located within Dover's Downtown Development District, and we note that the Mixed Use future land use designation may allow more options for redevelopment of the site. Our office has no objections to this proposed future land use change. a Amendment C, Properties at 1365 N. DuPont Highway. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment 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. Our office has no objections to this proposed future land use change. Denartm ent of Transnortatinn - Contact Bill Brockenhrorr ph760-2109 a Regarding Amendment A, the property at 1205 McKee Road, both McKee Road (Kent Road 156) and College Road (Kent Road 99) are State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DoIDOT's Development Coordination Manual, which is available at http:/ wvw.deldot.gov/Business/subdivisions/index.shtml?dc:chanses. Recognizing that a convenience store with gasoline pumps is contemplated, DeIDOT anticipates requiring a Traffic Impact Study (TIS). DeIDOT anticipates having detailed comments on the site plans when they become available. a Regarding Amendment B, the property at 92 N. West Street, rccognizing that North West Street is maintained by the City of Dover, DeIDOT finds that the subject development is outside its jurisdiction and has no comments. Page 70

Item #3. PLUS review 2021-01-04 Page 3 of5 a Regarding Amendment C, the properties (Lots I & 2) of Dover Mall at 1365 N. DuPont Highway (US Route 13), North DuPont Highway is State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DeIDOT's Development Coordination Manual, which is available at .deldot. Given the size of the parcels and the general nature of the development contemplated, DeIDOT anticipates requiring a TIS. DeIDOT anticipates having detailed comments on the site plans when they become available. Denartment of N Resources and Environmental Control - Krumrine 735-3480 Amendment A, Propertv at 1205 McKee Rosd. Tax Psrcels # ED05-067.00-02-51.00-000 No concerns have been identified. Amendment B. at 92 N. West Street. Tax Paraels #EIr05-0 76. 08-0 1- 1 6. 00-000 and ED0s-076. 1-44.00-000 Current or Previous Contamination Based on DNREC records, remediation or contamination has occurred or is ongoing within these parcels. These parcels are part of the 19-parcel Dover Historical Bulk Oil Storage Area (DNREC DWHS Project # DE-1313). Since the 19 parcels are currently owned by different entities, the remediation activities are managed separately through each individual owner. o Due to potential exposure, residential uses can be limited on certain properties and in certain circumstances where remediation projects are present. Since the applicant is suggesting a change from Industrial use to Mixed Use (which can include residential use), the applicant must reach out to the DNREC Remediation Section to determine the current status of the site, whether there are limitations for residential or recreational uses, and any other requirements associated with the site. o Additional information may also be found online by searching Delaware's Environmental Navi gator at http //www. nav. dnrec. delaware. gov/den3 / : o Contact: Division of Waste andHazardous Substances Remediation Section at(302)395- 2600. Website: https://dnrec.alpha.delaware. gov/waste-hazardous/ Page 71

Item #3. PLUS review 2021-01-04 Page 4 of5 Amendment C- Pronerties at 1365 N. DuPont wsv. Tax Parcels # 00-01-14.04- 000 snd ED02-05 7.00-01-14.05-000 Wetlands The Statewide Wetlands Mapping Project indicates the presence of freshwater wetlands (specifically freshwater forested and freshwater emergent wetlands) on the vast majority of the northwestern portion of the Tax Parcel ED02-057.00-01-14.04-000. Fragmented areas of freshwater forested wetlands also exist on the northeastern edge of Tax Parcel ED02-057.00-01- 14.05-000. a If any future development proposes disturbance (dredge or fill) to jurisdictional wetlands under the U.S. Army Corps of Engineers, a delineation of waterways and wetlands will be required. In certain circumstances, additional certifications from DNREC Wetlands & Subaqueous Lands Section will be required as part of the U.S. Army Corps of Engineers permit process. o For a list of consultants and engineers who can conduct wetland delineations, please visit the DNREC Wetlands and Subaqueous Lands Section link: :llvrrvrrw a U.S. Army Corps of Engineers (Dover Office) contact: (267)240-5278 For Tax Parcel ED02-057.00-01-14.04-000, future development plans should prioritize the preservation and conservation of wetlands located on the northwestern portion of the parcel. o If the parcel is developed in the future, schedule a meeting through the DNREC Joint Permit Processing (JPP). The JPP is offered by the DNREC Wetland and Subaqueous Land Section to provide assistance with permitting requirements on the site. This meeting is held on the 3'd Thursday of every month. In order for your project to be seen through the JPP, you must submit the request through the following website: termination and Man Reouest Form.odf Current or Previous Contamination Based on DNREC records, remediation has occurred on these parcels (held under the DNREC DWHS Project #DE-0254, Chemdecon Trailer). The project is complete and there are no known hazards present. Additional information may also be found online by searching Delaware's Environmental Navigator at httn: .nav.dnrec.delaware.sovlden3l Page 72

Item #3. PLUS review 2021-01-04 Page 5 of5 Noise and Air Pollution These parcels are located adjacent to the Dover International Speedway, hosting two major NASCAR events each year and harness racing periodically throughout the year. If residential development is proposed, the developers and the City of Dover should take appropriate precaution to avoid potential human health impacts from noise and air pollution (including particulates) from the adjacent use. O Before making decisions on zoning changes to these two parcels, DNREC Reviewers recommend conducting independent studies on ambient noise levels and air pollution in this area, for consideration in potential residential uses. Delaware's Ambient Noise Regulations can be found at: 100/1149 If residential uses are pursued, strategies to mitigate noise and air pollution should be incorporated into the project plan. These could include, but are not limited to, construction practices that would increase "sound-proofing" buildings, berms, and landscape buffers. Delaware Transit Corporation (DTC) - Contact: Jared Kauffman 576-6062 o When the mixed-use development is underway, please work with DTC as instructed in the DCM on transit needs and operations in and around site C (behind Dover Mall). Once a decision has been reached on these proposed comprehensive plan amendments, please forward a copy of the plan amendment to the Office of State Planning Coordination for our records. The plan amendments must include the adopting resolution or ordinance, a revised version of any maps that were updated as well as any text that was approved in amending the comprehensive plan. If the amendments are not approved by the city, please notifu the office so we can update our records. Thank you for the opportunity to review this Comprehensive Plan amendment. If you have any questions, please contact me at 302-739-3090. Sincerely, \ lyrtPl*^.u,- C {',..,*r,. . Constance C. Holland, AICP Director, Ofhce of State Planning Coordination Cc: Dawn Melson-Williams, AICP Page 73

Item #3. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map and Z-21-01 Lands of College Towers LLC at 1205 McKee Road EXHIBIT SET – Public Comments Received Public Comments Received (to 2:00pm on 2/16/2021): 1. Letter of Protest (Objection) from Jaimini Patel of Riddhide Siddhi LLC (Owner of 1005 College Road and 1216 McKee Road) dated February 11, 2021 2. Petition and List of Signees to Protest (Objection) to Rezoning Application for 1205 McKee Road – signed by 11 individuals of various addresses between 2/3/2021 to 2/10/2021 3. Letter of Concern (regarding future proposed use) from Ted Werner, CEO of PAM Rehabilitation Hospital of Dover located at 1240 McKee Road dated February 16, 2021 with attachment (Listing of incidents at convenience stores) Page 74

Item #3. February 11, 2021 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 Subject - Objection of rezoning for Applications: MI-21-01-A, Ordinance #2021-01 and Z-21-01, Ordinance #2021-04 Dear Dover City Councilmembers, The purpose of this letter is to register my protest against the proposed commercial rezoning for property at 1205 McKee Road, Dover, DE. (Applications: MI-21-01-A, Ordinance #2021-01 and Z-21- 01, Ordinance #2021-04) I am property owner of Riddhi de Siddhi LLC located at 1005 College Road & 1216 McKee Road at the same intersection as the lots are proposed rezoning. The Proposed Rezoning would permit the largest building parcel in the West Dover neighborhood to be built. This is not small-scale development meant to infill unused or underutilized parcels, this is large scale commercial development that is inappropriate for this neighborhood. Any commercial rezoning with 24hrs operation will bring more crime and nuisance to the quiet West Dover neighborhood. Please take past 7-11’s example at Hamlet Shopping center. 7-11’s 24hrs operating only brought crime to Walker road neighborhood and Hamlet shopping center. Please do not let this corner be another example. Neighbors most impacted by the project are against the project – almost every neighbor who lives within 200 feet of the property is against rezoning. Insufficient road infrastructure – Nearby intersections simply cannot handle the dramatic increase in traffic that will occur if the commercial rezoning is permitted. Additionally, intersection is a high-risk intersection for pedestrians with heavy traffic flow, and unclear views for pedestrian crossing. This intersection is a walking route for neighborhood students to the Delaware State University campus and as well as to the assisted living at Westminster Village. The significant increase in traffic flow at this intersection that will result from this rezoning is a notable risk to students and other pedestrians. If this rezoning is approved and the planned development completed, the residential neighborhoods of West Dover of the property will witness a dramatic increase in traffic in an already heavily congested area, which will lead to more accidents, injuries, and fatalities. We are not anti-growth, and we would not mind any offices or medical buildings under current zoning. We respectfully submit our strong objection and disapproval of rezoning of subject application. Kindest Regards, Jaimini Patel Page 75

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Item #3. Hello, We received the notice for the public hearing for 1205 McKee Road, Dover, DE. I am writing on behalf of the owner and residents of Westminster Village at Dover located at 191 Westminster Drive, Dover, DE. We are located on the Southeast Corner of McKee and College Roads. Westminster Village at Dover is a senior community with residents ages 55+. We have received numerous concerns from our residents about the rezoning of the above mentioned property to allow a Royal Farms. We are opposed to this project due to the proximity of a high volume 24-hour operation immediately adjacent to a senior living residential community. However, if you decide to proceed with this project, we request that a traffic study be performed when the school is in session. The impact of the buses from the neighboring school creates challenges for traffic and emergency vehicle transit through this busy intersection. Furthermore, there has been increasing traffic thru our residential community in order to avoid the light at McKee and College Road. For the safety of our residents and the nearby school, we would request that the turning lane on College Road be extended or a center lane be added beyond Westminster Dr to provide improved access into Westminster Village at Dover and help improve traffic flow due to the additional traffic expected with this business. We appreciate your consideration in this matter. I would appreciate it if you would confirm receipt of this email. Thank you, Malynda Malynda Hivner Vice President of Development Direct Telephone: (717) 502-8923 Cell Phone: (717) 979-4988 www.psl.org I am currently working remotely. You may contact me via email or cell phone and I will respond promptly. This email, including any attachments is the property of Presbyterian Senior Living and is intended for the sole use of the intended recipient(s). The information contained herein may include privileged or otherwise confidential information. Unauthorized review, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you received this message in error, or have reason to believe you are not authorized to receive it, please promptly delete this message and notify the sender immediately. Page 80

Item #3. CITY OF DOVER PLANNING COMMISSION February 16, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. MI-21-01 Comprehensive Plan Amendments 2021 - Public Hearings and Review for Recommendation to City Council on a series of Amendments to the 2019 Comprehensive Plan identified as Requests A, B, and C. The Amendments include consideration of the following: two requests for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties as associated with rezoning application Z-21-01 and with rezoning application Z-21-02, and a request for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties associated with the Lots 1 & 2 of the Dover Mall. The First Readings of the Proposed Ordinances occurred on January 25, 2021 and Public Hearing scheduled for Planning Commission on February 6, 2021 and City Council on March 8, 2021. Mrs. Melson-Williams stated that she wants to introduce the Commission to the idea of these Comprehensive Plan Amendments. Each year, as per the instructions given in the 2019 Comprehensive Plan, there is an opportunity for residents of the City to request changes to the Comprehensive Plan. We refer to those as Comprehensive Plan Amendments. There is a filing deadline that occurs in December of each year and then each of the requests that are made are packaged together and become our Comprehensive Plan Amendments for that next calendar year. We have received three requests for that and as you can see on the screen, they all are requests to make changes to the City’s Land Development Plan which is Map 12-1. For clarity, we have identified them as A, B and C and we will move through each of them individually. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00-000. Ordinance #2021-01. This is associated with rezoning application Z-21-01. Representative: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Excerpt of Planning Commission Meeting of February 16, 2021 Page 1 of 6 Page 81

Item #3. Mrs. Melson-Williams stated that this is a Comprehensive Plan Amendment Request for the property located at 1205 McKee Road and they are asking for consideration of an amendment to the Land Development Plan Map of the Comprehensive Plan. Currently, the Land Use Classification on that Land Development Plan Map is Office and their request is a Land Use Classification of Commercial Low Intensity. The Comprehensive Plan also includes a series of text statements in the form of descriptions of these different types of Land Use Categories as well as policies and goals related to each of them: Office and Commercial Low Intensity. This property is located on the northeast corner of McKee Road and College Road. Its history dates back to 2006 when it was first annexed into the City of Dover. It consisted of four parcels that were later combined. Over the years, there were at least two attempts for Site Development Plans to develop the site into an office complex. Those have both expired and the property has sat vacant for a number of years. The applicant is making this request to go to Commercial Low Intensity that would allow for rezoning to a different series of zoning districts. The Comprehensive Plan has a Land Use Matrix Table that was included in the packet that identifies the Land Use category and then the appropriate zoning districts for that. By requesting this change in the Land Use Category, it opens up a broader range of potential zoning districts for the property and hence, a broader range of potential uses for the property. In reviewing the Comprehensive Plan Amendment, Staff is supportive of the change from Office to a Land Use Classification of Commercial Low Intensity. They think that it does provide that broader range of opportunity and it seems very unlikely that this prime corner on a commercial corridor would ultimately develop into an office format. It has not done that in a number of years, and we think that the Land Use Classification of Commercial Low Intensity brings to it some additional options or opportunities for the property. The Development Advisory Committee did look at this Amendment and there are not a lot of comments in regards to it. There are basically no objections to the Land Use change. This Land Use change was part of our package of Comprehensive Plan Amendments that was submitted for PLUS Review. The PLUS Review for this and the other applications was received today, and we distributed that to the Planning Commission members. Specifically, she wants to highlight some of the comments for this application. It is located within the Level 1 Investment Area and the Office of State Planning had no objections. DelDOT provided some comments about the location with no real concern about the Land Use change but noted future development activities would likely require the need for a Traffic Impact Study because of potential Land Use activities that could be happening there. DNREC had no comments on this particular application so in general, the comments received for Amendment A were favorable and Staff is also favorable to this Land Use Classification change from Office to Commercial Low Intensity. Mr. Malmberg stated that he wrote a memo and submitted as part of his application and he hopes that the Commission members have had an opportunity to review it. The property is obviously on a commercial corner. Since the POW/MIA Parkway got tied through to Camden, this whole road has become commercial and inappropriate for residential uses. Usually when he goes to these hearings, the concern is traffic, traffic, traffic. The previous application, which was approved back in 2006, was for office buildings which include traffic. This is a proposed use that would accommodate existing traffic to the sites. It would not contribute to what is already a busy corner. He knows that there was a concern raised about whether or not the proposed use which is Royal Farms would draw crime to the area. When he ran that by Royal Farms, they bristled at that. Royal Farms does have occasional issues with criminal acts obviously, because they Excerpt of Planning Commission Meeting of February 16, 2021 Page 2 of 6 Page 82

Item #3. popular throughout our area. But Royal Farms spends more money than any situated entity that he knows to make their store safe for the public and for their employees. And the fact that they are in many different areas of our County and some areas have higher crime rates, does not mean that Royal Farms attracts crime. As a matter of fact, they deter crime, so he rejects that suggestion. Just as a generic comment, neighborhood businesses which is what is proposed here, they do lots of great things. It keeps people from traveling out on the highway to get the gallon of milk or the dozen of eggs so it is good for the environment; it is good for traffic and it is good for America. Mr. Street stated that he knows that changes to the Comprehensive Plan, we often don’t want to consider changes that are going to set precedent to other projects. He would submit that if you look at Map 12-1A and you look at the next two intersections: the intersection of McKee Road and Walker Road and then the intersection of Pear Street and Walker Road which is the old high school and soon to be the new middle school, the Land Uses in both intersections are very similar to this. They all have some amount of Institutional, Residential Medium Density and Commercial Low Intensity in the four corners and Office use in the surrounding areas as well. It is not going to set a precedent because precedence is already set at the two intersections south and east of us. Mr. Hartman stated that it seems to him that the proposed use is consistent with the Comprehensive Plan and the area. He reviewed the comments and there were a number of comments made on this proposal that dealt with crime and crime is a problem in Dover as a whole. He just can’t pick out one particular place where crime occurs. He thinks the answer to our crime problem is better enforcement rather than telling businesses that they can’t set up shop. He thinks that is a bad precedent. Mrs. Maucher opened a public hearing. Mrs. Melson-Williams stated that the packet of comments that the Commissioners were provided this afternoon included three items in regards to this Application and she is going to name them by reference. Some of them do have participants that may want to speak in regards to this Application this evening. First, there is a Letter of Protest from Jaimini Patel who is the owner of Riddhide Siddhi LLC which is the two properties across the street at 1005 College Road and 1216 McKee Road. Associated with that is a Petition and list of signees to that Protest to protest the Rezoning Application; it was signed by 11 individuals. Then we have a Letter of Concern regarding the future proposed use that was submitted by Ted Werner who is the CEO of PAM Rehabilitation Hospital which is located kind of to the north and west on McKee Road. Those items are entered into the record as part of the Public Hearing for this Comprehensive Plan Amendment and they will also enter them into the record when we get to the Rezoning Application. Mr. Ted Werner – PAM Rehabilitation Hospital 1240 McKee Road Dover, DE 19904 Mr. Werner has no further comments, just that contained in the Letter he submitted for the Commission’s review. Mr. Parin Patel – 1216 McKee Road Dover, DE 19904 Mr. Patel stated that he is located across the street from 1205 McKee Road and they have been Excerpt of Planning Commission Meeting of February 16, 2021 Page 3 of 6 Page 83

Item #3. there for a long time. This corner is a busy corner and there are a lot of accidents going on and too much crime. Mrs. Maucher closed the public hearing. Mrs. Malone stated that regards to the crime and the incidents that everyone is discussing, she doesn’t really feel that Royal Farms has any more of that than any other convenient store anywhere. If anything, she has always found that Royal Farms is extremely well lit compared to a lot of other convenient stores. She would feel really comfortable with a Royal Farms being on that corner. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the land use change from Office to Commercial Low Intensity. Mrs. Welsh stated that she does have concerns about traffic. She has traveled this particular corner herself probably three to five times a day since 1992 and she has watched the traffic in that area. She has concerns with the traffic flow as far as left hand turns. She has noticed with the construction of other properties there, the other convenient store and office property that is there on McKee Road and College Road, that there seem to be a lot of issues with people trying to turn left there. She just wants to state that she feels that it is necessary to do a traffic flow analysis as far as what would happen there. Maybe, it would need to be right turn in and right turn out only or something along those lines. She will admit that the traffic is heavier at certain times and that would be more of the times when it would be a concern. She does not know if that can be addressed in any way. Responding to Mrs. Welsh, Mr. Malmberg stated that the property was previously approved for 40,000 SF of office buildings. Office buildings, especially medical offices, tend to draw a lot of additional traffic. This use as a neighborhood business proposed use, tends to serve existing traffic so that is a better use from a traffic perspective than what is currently approved for. They will be into a Site Plan hopefully in a few months and this project is going to go through some rigorous traffic analysis to make sure that not only does the intersection get addressed but gets improved because that seems to be the way it goes. He appreciates the traffic comment because he has been a resident of this town for over 50 years and he takes that intersection many times heading north in the morning with his kids. He is sure that it will get addressed. He foresees an improvement to the intersection rather than what currently could be the situation which would be maybe a dis-improvement. With that said, rights-in and rights-out on McKee Road he thinks that is all that would ever happen there; he thinks that is a realistic concern. He thinks that they were going to be pushing as much as they can for a lefts-out onto College Road as far to the east as possible just because otherwise you have to wrap all the way around to Lowe’s and down the highway which is not good for traffic on the highway to get back to where you started from to get back to College Road. Knowing that it is irrelevant, he does not want to be anything but transparent about what the request is going to be when it gets to Site Plan consideration. Mrs. Welsh stated that she does not really have an issue with Mr. Malmberg’s thought process about the amount of traffic and the fact that it is going to serve existing traffic. She sees that point and she understands what he is saying. Her issue was with the flow and where the ingress and egress will be because the traffic does back up significantly there at certain times of the day Excerpt of Planning Commission Meeting of February 16, 2021 Page 4 of 6 Page 84

Item #3. all the way to the railroad tracks and all the way back almost to the other intersection at Walker Road at certain times of the day and within a fifteen to twenty minute time period. Responding to Mrs. Welsh, Mr. Malmberg stated that is the success of the POW/MIA Parkway from Camden. Mrs. Welsh stated that she realizes that. She is just concerned that we really don’t lose sight of those issues. Responding to Mrs. Welsh, Mr. Malmberg stated he agrees. He sits in that traffic and the lights make you crazy. Dr. Jones stated that she would add to the concern about traffic. Aren’t we also possibly impacting the school traffic there at certain times of day? She goes to North Dover Elementary School quite often and depending on the time of day there is also the traffic back up with parents waiting to get into the school and so forth. So, as we are considering the traffic concerns, that is another concern for this location. Responding to Dr. Jones, Mr. Malmberg stated that he will be glad to see her at Site Plan Review. Mr. Street can weigh in on this, but the Site Plan issues are interesting. He knows the intersection well. He is a 50 year resident and he has sat in that traffic. He does not foresee a commercial use that basically serves the existing traffic as opposed to adding to traffic as being a negative, but he gets the issue and he understands the issue. They will certainly be back before the Commission at Site Plan Review and looks forward to the opportunity to improve that intersection. Mr. Adams questioned if the motion was for number 7 on the agenda? Responding to Mr. Adams, Mrs. Melson-Williams stated that we are just dealing with the Comprehensive Plan Amendment and yes, that would be Item #7. Mrs. Malone moved to recommend approval to City Council for application MI-12-01A: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map that makes the Land Use (Classification) change from Office to Commercial Low Intensity, seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Malone voting yes; she is looking forward to the improvements of the intersection because she travels that road at least twice a day and she thinks that this would be an added bonus to have that on the corner. Mr. Hartman voting yes; the proposed change is consistent with the development of the area and consistent with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; she thinks it will be a good use of a vacant lot and she looks forward to seeing what Becker Morgan Group has to propose in the future on this property. Dr. Jones voting yes; for reasons previously stated. Mr. Adams voting yes for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated. Z-21-01 Lands of College Towers LLC at 1205 McKee Road – Public Hearing and Review for Recommendation to City Council on Rezoning Application for a parcel consisting of 3.46 acres+/- located at the northeast corner of McKee Road and College Road. The property is zoned CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00- 000. This is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Excerpt of Planning Commission Meeting of February 16, 2021 Page 5 of 6 Page 85

Item #3. Ordinance #2021-04. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Constantine Malmberg, The Malmberg Firm Mr. Swierczek stated that this is an Application that is secondary and kind of contingent on the Application (MI-21-01A) that was previously discussed which was the Land Use one. This component is specific to the Rezoning itself; the Land Use was to allow for a Rezoning. The current zoning of the property is CPO (Commercial and Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone) which is an added component of the Code that has some further landscaping design and aesthetics requirements along some of the City’s main commercial corridors. The applicant is requesting to rezone the property to C-2A (Limited Central Commercial Zone) and that would be maintaining the COZ-1 (Corridor Overlay Zone) as well. That is again to allow for the potential development of that Royal Farms which would again be a separate application in the future should this Rezoning be approved. Mr. Malmberg stated that he will incorporate his previous comments. Mr. Street stated that he wants to clear the record. He is with Becker Morgan Group and they are representing the applicant to assist Mr. Malmberg but he cannot say for certain that they will be doing the Site Plan. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams entered by reference the public comments that they received regarding this Application. They were previously referenced the Comprehensive Plan Amendment but are also for this Rezoning Application. It is noted that they are a Letter of Protest from Mr. Patel of Riddhide Siddhi LLC with the Petition and List of Signees to the Protest on the Rezoning Application that is specifically signed by 11 individuals. The addresses appear to be from the residential communities in the area. The third written item is the Letter of Concern from the PAM Rehabilitation Hospital that is located to the northwest of this site. Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend approval to City Council for Application Z-21-01 Lands of College Towers LLC at 1205 McKee Rd to rezone the property from CPO (Commercial and Professional Office Zone) to C-2A (Limited Central Commercial Zone) and would remain subject to the COZ-1 (Corridor Overlay Zone) and it would be consistent with what is in the area, seconded by Mrs. Lord and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Hartman voting yes; based on the fact that the Rezoning would be in compliance with the goals of the Comprehensive Plan. Mrs. Lord voting yes; for reasons previously stated. Mrs. Welsh voting yes; for the reasons stated in the motion. Dr. Jones voting yes; she would echo Mr. Hartman’s comments. Mr. Adams voting yes. Mrs. Malone voting yes; for reasons previously stated. Mrs. Maucher voting yes; it would be consistent with the previously approved Amendment to the Comprehensive Plan. Excerpt of Planning Commission Meeting of February 16, 2021 Page 6 of 6 Page 86

Item #3. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: March 3, 2021 TO: City Council FROM: Planning Office SUBJECT: Petition of Protest (Opposition) Comprehensive Plan Amendment MI-21-01A Lands of College Towers LLC and Rezoning Application Z-21-01 College Towers LLC at 1205 McKee Road A Petition of Protest (Opposition) was received regarding Comprehensive Plan Amendment Application MI-21-01A Lands of College Towers LLC: Change of Land Use Category from Office to Low Intensity Commercial; and associated Rezoning Application Z-21-01 Lands of College Towers LLC: Rezoning CPO and subject to the COZ-1 to C-2A while remaining subject to the COZ-1. This Petition, included for the City Council’s consideration, was received prior to the Planning Commission meeting on February 16, 2021. The Petition received on February 12, 2021 is from area property and business owners of Dover and contained eleven (11) signatures from residents and owners of properties in the area objecting to the proposed Comprehensive Plan Amendment for a Land Use Category change and the associated Rezoning of 1205 McKee Road, Dover. Title 22 §305 of Delaware Code outlines the criteria for determining the viability of a petition opposing a rezoning request and how a legislative body of a municipality is to proceed in processing the petition. Delaware Code requires that when 20% of eligible lots participate in a petition, the legislative body for the municipality must achieve a three-fourths favorable decision to proceed with the rezoning of the property. See Del. Code excerpt below. Delaware Code: TITLE 22 Municipalities, CHAPTER 3. Municipal Zoning Regulations, Subchapter I. General Provisions § 305 Changes in regulations; procedure. The regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changes signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent thereto extending 100 feet therefrom or of those directly opposite thereto extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three fourths of all the members of the legislative body of the municipality; provided, however, that in any municipality of this State with a population in excess of 50,000 persons, the foregoing provisions regarding a protest shall not be applicable to any such change which is proposed in connection with the construction of federally assisted multi- family housing for the elderly and handicapped, in all instances of which such change shall become effective by the favorable vote of a simple majority of all the members of the Page 87

MI-21-01A/ Z-21-01 Memorandum on Petition of Protest (Opposition) Item #3. Page 2 of 2 legislative body of the municipality. The provisions of § 304 of this title, relative to public hearings and official notice, shall apply equally to all changes or amendments. 39 Del. Laws, c. 22, § 6; Code 1935, § 6232; 22 Del. C. 1953, § 305; 67 Del. Laws, c. 183, § 1.; Planning Staff evaluated the Petition along with available property records to determine the adjacency of the signatories’ lots/properties to 1205 McKee Road as it relates to the requirements of 22 Del. Code §305. The Petition is evaluated based upon the presence (or lack thereof) of signatures from the seven (7) eligible surrounding properties. The attached Petition Exhibit Maps and Zoning Petition Summary Analysis Spreadsheet show information from the analysis. • The Petition Exhibit Map shows the subject at 1205 McKee Road in yellow. The Eligible Properties shown in blue are those lots within 100 feet (Red Line) of the subject property and the street frontage of the subject property. The properties marked with a star on the second Petition Exhibit Map are the properties that were included in the Petition. • The Petition Summary Analysis Spreadsheet lists the property owners of the seven (7) Eligible Properties and indicates those that signed the Petition (marked with an ‘x’ in the Petitioner column). The Subject Property of the Comprehensive Plan Amendment Request and Rezoning is also marked as “Subject.” Planning Staff notes the following from our analysis: • The eligible signers of the Petition included property addresses immediately across McKee Road (to the southwest) from the subject property. They (Jaimin Patel as Riddhi de Siddhi LLC) submitted a Letter of Protest along with the Petition document. The signers are property and business owners. This gives a tally of 2 out of 7 Eligible Property Owners equating to 28.6%. • The ownership entity identified as “Riddhi de Siddhi LLC” has been associated with another signatory of the Petition, Mr. Jaimin Patel. While Mr. Jaimin Patel signed as a homeowner with an address outside of the eligible properties area, He identified himself as the owner of the two valid properties across McKee Road to the southwest, so Planning Staff has included him in our assessment of valid petitioners. • Another Signatory, Mr. Steven T. Sowder, gave his address as 1233 McKee Road which is noted as one of the eligible Petitioner addresses. However, Planning staff could not identify him as being in any way related to the ownership of said property. • Presbyterian Homes, Inc. owns two properties within the eligible petition area (191 College Road, 1175 McKee Road respectively) and sent their own letter noting their concern which was received by the Planning Office on February 25, 2021. They are however not signatories of this Petition. In Summary, the results of the Petition #2 Analysis are as follows: • 2 out of 7 Eligible Property Owners signed the Petition. • The total number of eligible and verifiable petitioners is 7. • 2/7 eligible and verifiable petitioners equate to 28.6%. Page 88

MI-21-01A/ Z-21-01 Memorandum on Petition of Protest (Opposition) Item #3. Page 3 of 3 The Petition is valid as per 22 Del. Code §305. Any action to approve the Comprehensive Plan Amendment and subsequent Rezoning of 1205 McKee Road (Ordinance #2021-01) requires a three-fourths majority of City Council. Attachments: • Petition of Protest Opposition Objecting to Rezoning (received February 12, 2021) • Petition Exhibit Map 1 (close-up of site) • Petition Exhibit Map 2 (Petitioners identified) • Petition Summary Analysis Spreadsheet Page 89

Item #3. February 11, 2021 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 Subject - Objection of rezoning for Applications: MI-21-01-A, Ordinance #2021-01 and Z-21-01, Ordinance #2021-04 Dear Dover City Councilmembers, The purpose of this letter is to register my protest against the proposed commercial rezoning for property at 1205 McKee Road, Dover, DE. (Applications: MI-21-01-A, Ordinance #2021-01 and Z-21- 01, Ordinance #2021-04) I am property owner of Riddhi de Siddhi LLC located at 1005 College Road & 1216 McKee Road at the same intersection as the lots are proposed rezoning. The Proposed Rezoning would permit the largest building parcel in the West Dover neighborhood to be built. This is not small-scale development meant to infill unused or underutilized parcels, this is large scale commercial development that is inappropriate for this neighborhood. Any commercial rezoning with 24hrs operation will bring more crime and nuisance to the quiet West Dover neighborhood. Please take past 7-11’s example at Hamlet Shopping center. 7-11’s 24hrs operating only brought crime to Walker road neighborhood and Hamlet shopping center. Please do not let this corner be another example. Neighbors most impacted by the project are against the project – almost every neighbor who lives within 200 feet of the property is against rezoning. Insufficient road infrastructure – Nearby intersections simply cannot handle the dramatic increase in traffic that will occur if the commercial rezoning is permitted. Additionally, intersection is a high-risk intersection for pedestrians with heavy traffic flow, and unclear views for pedestrian crossing. This intersection is a walking route for neighborhood students to the Delaware State University campus and as well as to the assisted living at Westminster Village. The significant increase in traffic flow at this intersection that will result from this rezoning is a notable risk to students and other pedestrians. If this rezoning is approved and the planned development completed, the residential neighborhoods of West Dover of the property will witness a dramatic increase in traffic in an already heavily congested area, which will lead to more accidents, injuries, and fatalities. We are not anti-growth, and we would not mind any offices or medical buildings under current zoning. We respectfully submit our strong objection and disapproval of rezoning of subject application. Kindest Regards, Jaimini Patel Page 90

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266 216 7 11 143 N ne 315 l a RM-1 Stone B r202 549 Ge 748 5 32 3 4 Blvd 5 P au ter C t Caroli 262 310 7 48 Peri 164 49 232 de D 540 425 eW l R evere 45 235 261 32 8 301wink le 480 552 1107 9 org Pew roo k 306 301 168 180 43 ROS 129 Pl 224 210 1223 1211 240 251 256 1105 R-8 C 109 Chel s3 215 186 t 47 115 155 125 121 1227 1216 110612 14 11 Dr ea W 123 111 38 3739 109 46 45 45 244 Dr 103 14 Pl 246 248 RG-2 102 101 RG- 8 7 1108 gton F a lm ay SC-2 106 R-10 124 107 32 110 10540 39 Greenw 6 3 1175 IO as hin t W ay w ay Ln 25 4 35 Green 2 1213 Mat thew C uth 209 R-10 102 26 106 87 10 160 83 108 121 133 30 129 1121 a 22 y Sq W 104 18 17 ay 201 121110 106 21 12 Heath e rfi 31 107 Andrew Dr Legend Greentree Dr o 173 107 e ld Tile: Lands of College Towers LLC ^ Petitioner « Ordinance #: 2021-01 100 ft from Subject site Addresses: 1205 McKee Road Eligible Petitioners Parcel ID: ED-05-067.00-02-51.00-000 Existing Land Use: Office Zoning Existing Zoning: CPO Commercial and Professional Zone 2012 Buildings COZ-1 Corridor Overlay Zone Proposed Land Use: Commercial Low intensity Dover Parcels Proposed Zoning: C-2A Lmited Central Commercial Zone Kent County Parcels COZ-1 Corridor Overlay Zone Owner: College Towers LLC Corridor Overlay Zone Equitable Owner: Two Farms, LLC Subject Property Date: 3/1/2021 0 625 1,250 2,500 Feet Page 94

Item #3. Rezoning Petition #1 Summary Analysis Lands of College Towers, LLC 1205 McKee Rd. Eligible Petitioners, Del. Code Title 22 c. 3 §305 Petitioner NAME STREET_NUM STREET_NAM OWN_AD1 OWN_AD2 OWN_CITY OWN_STA OWN_ZIP PRESBYTERIAN HOMES INC*** 191 COLLEGE RD 1175 MCKEE RD DOVER DE 19904 CAPITAL SCHOOL DISTRICT 855 COLLEGE RD 198 COMMERCE WAY DOVER DE 19904 X RIDDHI DE SIDDHI LLC* 1005 COLLEGE RD 595 FOREST ST DOVER DE 19904 PRESBYTERIAN HOMES INC*** 1175 MCKEE RD 1175 MCKEE RD DOVER DE 19904 Subject COLLEGE TOWERS LLC 1205 MCKEE RD 30 THE GREEN DOVER DE 19901 X RIDDHI DE SIDDHI LLC* 1216 MCKEE RD 595 FOREST ST DOVER DE 19904 G & B PARTNERS, LLC** 1233 MCKEE RD 2078 BIG OAK RD SMYRNA DE 19977 DOVER MOB LLC 1240 MCKEE RD 425 SEVENTH ST NE CHARLOTTESVILLE VA 22902 Other Petitioners Petitioner Name Street # Street City State Zip Code Susan McLaughlin 7 PIN OAK DR DOVER DE 19904 Jason Moore 407 TOPAZ CIR DOVER DE 19904 Bobby Spann 338 TOPAZ CIR DOVER DE 19904 Michael S. Strickler 25 MERION RD DOVER DE 19904 Steven T. Sowder** 1233 MCKEE RD DOVER DE 19904 Jaimin Patel **** 106 TOPAZ CIR DOVER DE 19904 Richard Carson 1291 MCKEE RD DOVER DE 19904 Pam Wayandr 547 TROON RD DOVER DE 19904 Dorothea Hopkins 6 AQUAMARINE CT DOVER DE 19904 Richard H. Harpster 229 PEBBLE VALLEY DR DOVER DE 19904 Cyrus Kahn 415 TOPAZ CIR DOVER DE 19904 SNOTES * Letter of Protest received from Jaimin Patel as owner of Riddhi de Siddhi, LLC and also forwarded the Signed Petition document. ** G & B Partners is the owner of 1233 McKee Road; however, it appears that it is a tenant of that property (Mr. Steven Sowder) that signed the Petition. Planning Staff cannot confirm if he is associated with the ownership of the property at 1233 McKee Road. *** Presbyterian Homes Inc. sent its own Letter of Concern receieved by the Planning Office on February 25, 2021 but did not sign this Petition. **** Mr. Jaimin Patel identified himself as the person behind the business entity known as Riddhi de Siddhi LLC, an entity assocoiated with several properties in the vicinity of the subject site. However, he signed the Petition as resident of 106 Topaz Circle, not the nearby business owner. SUMMARY Lots Eligible to Petition 7 Eligible Petitioners (num.) 2 Eligible Petitioners (percent) 0.29 Page 95

Item #3. FINAL READING CITY OF DOVER ORDINANCE #2021-01 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 1205 MCKEE ROAD. 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 Amendments 2021; and 22 23 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, 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 Commercial Low Intensity for a parcel located at the northeast corner of McKee Road and 37 College Road, known as 1205 McKee Road. 38 (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 39 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01) 40 41 BE IT FURTHER ORDAINED: 42 43 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 44 Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019 45 Comprehensive Plan. 46 47 ADOPTED: * Page 96

Item #3. Proposed Ordinance #2021-01: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01A: 1205 McKee Road) Page 2 48 I:\DAC\2021 Applications\2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C\Amendment A - 1205 49 McKee Road College Towers\Final Reading Ordinance 2021-01 Comp Plan Amendment 1205 McKee Rd MI-21-01A.docx 50 51 52 SYNOPSIS 53 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 54 Classification of a property. The specific property is 1205 McKee Road, Dover DE. The amendment 55 (MI-21-01A) is to be reflected as a revision to Map 12-1: Land Development Plan Map of the 2019 56 Comprehensive Plan. 57 58 59 60 Actions History: 61 March 8, 2021 – Public Hearing & Final Action scheduled for City Council 62 February 16, 2021 – Public Hearing & Action on Recommendation by Planning Commission 63 January 25, 2021 – First Reading – City Council and setting of Public Hearing dates 64 Page 97

Item #4. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Public Hearing before the Dover City Council March 8, 2021 Recommendation from Planning Commission Meeting of February 16, 2021 with Staff and Development Advisory Committee Review MI-21-01 Comprehensive Plan Amendments 2021 – Amendment B Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). B. Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. This is associated with rezoning application Z-21-02. Owner: Donny Legans Addresses: 92 N. West Street and unaddressed parcel on Fulton Street Tax Parcels: ED-02-076.08-01-16.00-000 ED-02-076.08-01-44.00-000 Total Size: 0.82 acres +/- Existing Land Use: Industrial 2019 Comprehensive Plan Designation – Land Use Classification: Industrial Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use File Number: MI-21-01B Ordinance Number: #2021-02 Page 98

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 2 Planning Commission Recommendation: The Application (MI-21-01B) for Comprehensive Plan Amendment Request was represented by the property owner and the applicant’s engineering firm. A Public Hearing was conducted on February 16, 2021 where 8 members of the public spoke (7 in favor and 1 in opposition) regarding the Amendment application and 16 written comments (15 in favor and 1 in opposition) were received. The Planning Commission moved by vote of 6-1 to recommend in favor of the proposed Land Use Classification change from Industrial to Mixed Use. (Draft Meeting Minutes attached.) APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01B Properties at 92 N. West Street and Parcel on Fulton Street – Consideration of Amendment to Map 12-1: Land Development Plan Map I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by 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 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form 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. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01B) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the attachments. B. MI-21-01B Properties at 92 N. West Street and Parcel on Fulton Street - Consideration of Amendment to Map 12-1: Land Development Plan Map Request for Land Use Classification Change from Industrial to Mixed Use This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for two parcels located adjacent to the east Page 99

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 3 side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The Request is that Land Use Classification be changed from Industrial to Mixed Use to be depicted on Map 12-1: Land Development Plan. This request is associated with the Rezoning application for the same property, identified as Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street. This Request was submitted by the property owner Donny Legans. The properties were formerly owned (and operated) by Southern States Cooperative Inc. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Industrial. The property currently has the zoning of M (Manufacturing Zone). • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01B Exhibit of Current Designation & Proposed Designation; and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01B) 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). • See submissions from Applicant: Comprehensive Plan Amendment Request Letter of December 14, 2020 (Narrative); and 92 Ventures Land Use Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The subject area consists of two parcels. The parcel addressed as 92 N. West Street includes an existing warehouse-like building and an area surrounded by fencing. The building is vacant and was previously used by Southern States Cooperative Inc. Aerial photographs show activity on the site in the 1960s and Permit records indicate locations of above ground storage tanks (for various fuels). The vacant building was formally registered as part of the City’s Vacant Buildings Program in January 2012. The other parcel is a strip of land directly adjacent to the railroad corridor; it currently does not include any buildings. There have been no recent site development plans for the properties. With the previous usage of the site, the property has been monitored in DNREC’s Underground Storage Tank programs (Project ID #1-000074). This industrial activity on the site must be considered for any potential environmental impacts. The properties are also located at the northwest portion of two redevelopment areas; it is within the boundaries of the Downtown Dover Redevelopment Target Area and within the Downtown Development District (DDD) program area. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject area of the two parcels totaling 0.82 acres as the Land Use Classification Category of Industrial on Map 12-1: Land Development Plan Map. The Request seeks to take both parcels to the Land Use Classification Category of Mixed Use. The approaches to the Land Use as Industrial are specifically discussed in the 2019 Comprehensive Plan beginning on page 12-16. It discusses the variety of industry types and locations citywide with industrial development as an employment opportunity. See the following Page 100

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 4 Goal and Policy statements on Employment Centers: Office Park and Industrial Land Uses from the 2019 Comprehensive Plan. Goal: Employment Centers Create a more vibrant, growing economy with a broader range of job opportunities through collaborative efforts to market the region, identify potential targets, and respond to opportunities to foster an increase in office and industrial development in appropriate and designated areas. Policies: Employment Centers 1. Protect existing industrial, office park and manufacturing establishments from encroachment by incompatible land uses which could result in nuisance complaints, hazardous situations, and human conflict. 2. Provide sufficient land area for industrial purposes to enable the expansion of existing industries, the establishments of new facilities, and revitalization of underutilized older industrial sites. 3. Provide for a variety of office park and industrial development opportunities through the designation of areas for small, medium and large establishments within planned industrial parks. 4. Promote alternative modes of accessibility including pedestrian and bicycle facilities, bus shelters and transit stops, and provide incentives for car and van pooling of employees. 5. Create flexible and contemporary industrial zoning provisions that reflect emerging trends in uses, facilities, and business opportunities to meet future needs. The Transportation Chapter 9 of the Comprehensive Plan also discusses the opportunities of “Rail Transportation” as the rail line operated by the Delmarva Central Railroad (DCR) runs north-south through the City. Referencing the 2018 Kent County Rail/Freight Zoning Study, the Chapter recommends retaining industrial zoning for parcels adjacent to the railroad. 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. 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. Page 101

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 5 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 several Mixed Use Areas within the City and presents recommendations for each of them. The location of the subject properties is in the far northwest section of the Downtown Dover area where the grid street pattern continues to exist and where lands to the east are predominately residential in character. The Plan notes the following: “The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major employment, residential and commercial center as well as the symbolic and cultural heart of the community. Efforts should strive to recognize its unique heritage and historic resources and to provide for mixed use development allowing greatest variation of uses, Activities to reestablish the economic and social vitality of Downtown neighborhoods are encouraged.” Recommendations: Downtown Dover – Mixed Use • Master plan the Loockerman Street corridor. • Enhance the Downtown area through economic development and historic preservation programs. • Continue to support the preservation and adaptive reuse of buildings and infrastructure through public investments, property maintenance enforcement, housing grants, and financial incentives. • Promote zoning districts and regulations that support the traditional mixed-use nature of the Downtown area. • Support revitalization of Downtown residential neighborhoods. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01B Properties at 92 N. West Street and a Parcel on Fulton Street regarding the Land Use Classification change from Industrial to Mixed Use. Following our review of the goals and policies for Industrial 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 Industrial Page 102

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 6 to Mixed Use does not appear to be consistent with the development of the immediate area and the goals of the Comprehensive Plan. Staff does not support the change to a Land Use Classification of Mixed Use for this property at 92 N. West Street and the adjacent parcel. While the change in Land Use Classification to Mixed Use offers a broader range of zoning districts with a variety of land uses for development, the question is does it appropriately reflect the character of the area. The nearby blocks to the southeast towards West Division Street are designated with the Land Use Classification of Mixed Use and contain predominately residences and a number of places of assembly (churches) until it reaches West Division Street where the more commercial uses are found along the corridor. However, the properties in the area between the railroad corridor and N. West Street, where the subject properties are located, are a collection of industrial uses – contractor yards, storage, repair facilities, and a material recycling facility. They have the Land Use Classification of Industrial. These parcels along the east side of the railroad corridor are smaller in size than those parcels on the west side of the railroad corridor, but the properties may still allow for a focus on smaller scale operations/businesses. Examples of potential uses could be small construction related contactors needing storage of equipment and materials, light industry operations, or specialized manufacturing. The adjacency to the railroad line could be advantageous to certain industrial activities for delivery and distribution of materials/products. Even with a Land Use Classification of Industrial, there is an opportunity to rezone for less intense industrial zones such as the C-3 (Service Commercial Zone) which offers service uses, offices, and even retail use options. There is some concern about the impacts of certain industrial or manufacturing uses on the nearby established residential areas to the east. However, this area immediately adjacent to the railroad corridor has a history of industrial uses and N. West Street itself serves as a boundary for the transition. The properties themselves would not be favorable for redevelopment as an expansion of residential uses. Any redevelopment in more of a commercial realm will bring questions of adequate on-site parking so that parking does not infiltrate the residential neighborhood, appropriate water and sewer services for the building use, site access that does not impact the bicycle trail system lane on N. West Street, etc. RECOMMENDATION OF THE PLANNING COMMISSION: At the Virtual Planning Commission Meeting of February 16, 2021, the Application (MI-21-01B) was represented by the property owner Donny Legans and by Jonathan Street of the application’s engineering firm the Becker Morgan Group. During the Public Hearing, eight (8) members of the public spoke (7 of support and 1 in opposition) and sixteen (16) written comments (15 of support and 1 in opposition) were received regarding the Comprehensive Plan Amendment Request (and associated Rezoning). The Planning Commission recommended in favor of the proposed Comprehensive Plan Amendment (MI-21-01B) for the Land Use Classification change from Industrial to Mixed Use of the properties at 92 N. West Street and unaddressed parcel on Fulton Street as proposed with a vote of 6-1 with two members absent. See also the included excerpt of the DRAFT Meeting Minutes of the February 16, 2021 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. Page 103

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 7 ATTACHMENTS: • Application MI-21-01B Submission: o Comprehensive Plan Amendment Request Letter of December 14, 2020 (Narrative) o 92 Ventures Land Use Map Exhibit o Applicant’s Presentation Slides for Planning Commission Meeting • Map 12-1: Land Development Plan Map (as adopted) • MI-21-01 Comprehensive Plan Amendments Request Locations Exhibit Map • Table 12-1: Land Use and Zoning Matrix from the 2019 Comprehensive Plan • MI-21-01B Amendment B: Exhibit of Current Designation & Proposed Designations • Development Advisory Committee Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • PLUS Review #2021-01-04 Comment Letter of February 15, 2021 • Written Correspondence received for Planning Commission Meeting consisting of EXHIBIT SET – Public Comments Received (to 2:00pm on 2/16/2021): 1. Letter of Support for Restaurant from Theo and Arnold Braunskill of 91 N. West Street dated 2/11/2021 2. Letter of Support for Restaurant from Jeff Niezgoda (Delaware resident) dated 2/10/2021 3. Email of Support for Rail Haus from Fran Riddle of 127 N. State Street dated 2/12/2021 4. Email of Support for Restaurant from Heather Thorsell dated 2/12/2021 5. Email of Support for Restaurant from Juliana Mione (PreSchool Teacher) dated 2/13/2021 6. Email of Support for Rail Haus Venue from Steven (a Dover native) dated 2/14/2021 7. Email of Support for Rail Haus Restaurant from Rachel Papen of 645 Papen Lane dated 2/15/2021 8. Email of Support for Rail Haus Business from Brian Moritz of Magnolia dated 2/15/2021 9. Email of Support for Raul Haus Restaurant from Gale Christensen (a new Delaware resident) dated 2/15/2021 10. Email of Support for Rail Haus Restaurant from Megan Worden Muenter dated 2/15/2021 11. Email of Support (for Beer Garden) from Colleen Worsham Papen dated 2/15/2021 12. Email of Support from Rail Haus Restaurant from Laura Parks of Maple Lane dated 2/16/2021 13. Email of Support for Rail Haus from Jayce Lesniewski of 31 Maple Lane dated 2/16/2021 14. Email of Support for Industrial Rezoning along railroad corridor from Linda Parkowski, Executive Director of KEP – Kent Economic Partnership dated 2/16/2021 Page 104

Item #4. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street Planning Commission Recommendation Report of February 16, 2021 Page 8 15. Letter of Support from Mt. Carmel Church of Living God located at 117 N. West Street dated 2/16/2021 16. Letter of Support for Restaurant from Monica LeBlanc of Diamond State Realty dated 2/16/2021 • Excerpt from DRAFT Planning Commission Meeting Minutes of February 16, 2021 • Proposed Ordinance #2021-02 Page 105

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Item #4. Comprehensive Plan Amendment 92 Ventures February 16, 2021 Page 111

Item #4. Requested Amendment and Rezoning • Requesting Land-use change from Industrial to Mixed use for two lots located in the downtown development district. • Rezoning of the two parcels from M-manufacturing to C-2A Limited Central Commercial. Page 112 Annexation Request

Item #4. N Page 113 2019 Comp Plan – Map 12-1 – Proposed Land Use

Item #4. N Page 114 2019 Comp Plan – Map 12-1C – Proposed Land Use

Item #4. N Page 115 Vicinity Map-2017 Aerial

Item #4. N Page 116 Location Map-2017 Aerial

Item #4. N Page 117 Requested Land-use Change

Item #4. Extent of the Comprehensive Plan Amendment • Two goals of the Comprehensive Plan are: • To encourage Economic Development and revitalization in Dover’s Downtown • To promote revitalization and redevelopment of the City’s Downtown. • The Land Use change from Industrial to Mixed use affords the property owner to further develop a plan and project in order to spur economic development, revitalization and redevelopment of a blighted vacant parcel located within the targeted Downtown Development District. • The mixed-use land use allows the parcels to be rezoned to a C2-A Limited Central Commercial. This rezoning would allow the owner the flexibility to further develop a plan for Commercial / Retail, Restaurant establishments etc. for the downtown area. Page 118 Comprehensive Plan Amendment Request

Item #4. Questions Page 119 Annexation Request

Item #4. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan.mxd Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 120 Division.

Item #4. MI-21-01 Comprehensive Plan Amendment Request Locations File: I:\DAC\2021 Applications\ 2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C City of Dover, DE 2019 Comprehensive Plan - Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Amendment C 1365 N Dupont Hwy Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Amendment A Open Space, Conservation, Recreation 1205 McKee Road Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Amendment B Water Bodies 92 N West Street 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 121 Division.

Item #4. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) Page 12 - 26 – 2019 Comprehensive Plan Adopted 1.13.2020 Page 122

Item #4. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) 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 Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) 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) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Public and Private Utilities Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) Any zone subject to conditions Right-of-Way Street, Road and Alley Rights-of-way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Source: Department of Planning and Inspections 2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27 Page 123

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment B Item #4. Department of Planning & Inspections Current Designation Proposed Designation il St il St Ce c Ce c Site Site t t Industrial est S Mixed Use est S NW NW nS t nS t Fulto Fulto « Plan Title: Lands of Donny Legans Dover Boundary DoverAFB Public and Private Utilities Location: 92 N. West Street Plan Type: Comprehensive Plan Amendment B Land Use Industrial Residential High Density Tax Parcel: ED-05-076.08-01-44.00 & ED-05-076.08-01-16.00 Active Agriculture Institutional Residential Low Density Current Land Use: Industrial Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Donny Legans Commercial High Intensity Office Train Track Date: 12/31/2020 0 50 100 200 Feet Page 124 Commercial Low Intensity Open Space Water

Item #4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Properties at 92 N. West Street – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01B REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcels ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 125

Item #4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None Page 126

Item #4. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT 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 127

Item #4. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us T HE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 128

C F #4. MI-21-1B 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: 01/27/21 D S O H V A E L R APPLICATION: Property at 92 N West St FILE #: MI-21-01B REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Additional information will be needed in reference to the mixed use in order to provide detailed comments. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 129

Item #4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 130

KENT CONSERVATION DISTRICT Item #4. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. Page 131

Item #4. Srlrn on DBr,lwaRr Expcurrvn DppnnrmBNr Oprrcr on Srlrn PlaNNlNc CoonnrNlrroN February 15,2020 David S. Hugg III City of Dover Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: PLUS review 202I-01-04; City of Dover Comprehensive Plan Amendment Dear Mr. Hugg: Thank you for meeting with State agency planners on January 27 ,2021to discuss the proposed Comprehensive Plan Amendment for the City of Dover. This amendment represents an annual submission to the Office of State Planning Coordination which addresses amendments compiled throughout the previous calendar year. There are three specific amendments to the Land Development Plan map in Dover's comprehensive plan that are being considered as a part of this application: o Amendment A, Property at 1205 McKee Road. Tax Parcels # ED05-067.00-02-51.00- 000. This parcel is located at the northeast corner of McKee and College Roads. It is currently designated for future Offrce land use, and it is proposed to change to future Commercial Low Intensity land use. o Amendment B, Properties at92 N. West Street. Tax Parcels #ED05-076.08-01-16.00- 000 and ED05-076.08-01-44.00-000. This property is located between N. West Street and the railroad corridor between Fulton and Cecil Streets. The parcels are currently designated for Industrial future land use, and are proposed to change to Mixed Use future land use. a Amendment C, Properties at 1365 N. DuPont Highway. Tax Parcels # ED02-057.00-01- 14.04-000 and ED02-057.00-01-14.05-000. These parcels comprise the undeveloped lands behind the Dover Mall, between the mall and Rt. 1. The parcels are currently designated for Commercial High Intensity future land use, and are proposed to change to the Mixed Use future land use category. I22Martin Luther King Jr. Blvd. South - Haslet Armory . Third Floor . Dover, DE 19901 Phone (302)739-3090 . Fax (302) 739-5661. www. stateplanning.delaware.gov Page 132

Item #4. PLUS review 2021-01-04 Page 2 of 5 Please note that additional changes to the plan could result in additional comments from the State. Additionally, the comments below reflect only issues that are the responsibility of the agencies that were represented at the meeting. Office of State Plannine Coordination - Contact David Edeell 739-3090 a Amendment A, Property at 1205 McKee Road. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment Level I 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. Our offrce has no objections to this proposed future land use change. a Amendment B, Properties at92 N. West Street. This parcel is located in Investment Level I according to the Strategies for State Policies and Spendirag. Investment Level 1 reflects areas that are akeady 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. These parcels are also located within Dover's Downtown Development District, and we note that the Mixed Use future land use designation may allow more options for redevelopment of the site. Our office has no objections to this proposed future land use change. a Amendment C, Properties at 1365 N. DuPont Highway. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment 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. Our office has no objections to this proposed future land use change. Denartm ent of Transnortatinn - Contact Bill Brockenhrorr ph760-2109 a Regarding Amendment A, the property at 1205 McKee Road, both McKee Road (Kent Road 156) and College Road (Kent Road 99) are State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DoIDOT's Development Coordination Manual, which is available at http:/ wvw.deldot.gov/Business/subdivisions/index.shtml?dc:chanses. Recognizing that a convenience store with gasoline pumps is contemplated, DeIDOT anticipates requiring a Traffic Impact Study (TIS). DeIDOT anticipates having detailed comments on the site plans when they become available. a Regarding Amendment B, the property at 92 N. West Street, rccognizing that North West Street is maintained by the City of Dover, DeIDOT finds that the subject development is outside its jurisdiction and has no comments. Page 133

Item #4. PLUS review 2021-01-04 Page 3 of5 a Regarding Amendment C, the properties (Lots I & 2) of Dover Mall at 1365 N. DuPont Highway (US Route 13), North DuPont Highway is State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DeIDOT's Development Coordination Manual, which is available at .deldot. Given the size of the parcels and the general nature of the development contemplated, DeIDOT anticipates requiring a TIS. DeIDOT anticipates having detailed comments on the site plans when they become available. Denartment of N Resources and Environmental Control - Krumrine 735-3480 Amendment A, Propertv at 1205 McKee Rosd. Tax Psrcels # ED05-067.00-02-51.00-000 No concerns have been identified. Amendment B. at 92 N. West Street. Tax Paraels #EIr05-0 76. 08-0 1- 1 6. 00-000 and ED0s-076. 1-44.00-000 Current or Previous Contamination Based on DNREC records, remediation or contamination has occurred or is ongoing within these parcels. These parcels are part of the 19-parcel Dover Historical Bulk Oil Storage Area (DNREC DWHS Project # DE-1313). Since the 19 parcels are currently owned by different entities, the remediation activities are managed separately through each individual owner. o Due to potential exposure, residential uses can be limited on certain properties and in certain circumstances where remediation projects are present. Since the applicant is suggesting a change from Industrial use to Mixed Use (which can include residential use), the applicant must reach out to the DNREC Remediation Section to determine the current status of the site, whether there are limitations for residential or recreational uses, and any other requirements associated with the site. o Additional information may also be found online by searching Delaware's Environmental Navi gator at http //www. nav. dnrec. delaware. gov/den3 / : o Contact: Division of Waste andHazardous Substances Remediation Section at(302)395- 2600. Website: https://dnrec.alpha.delaware. gov/waste-hazardous/ Page 134

Item #4. PLUS review 2021-01-04 Page 4 of5 Amendment C- Pronerties at 1365 N. DuPont wsv. Tax Parcels # 00-01-14.04- 000 snd ED02-05 7.00-01-14.05-000 Wetlands The Statewide Wetlands Mapping Project indicates the presence of freshwater wetlands (specifically freshwater forested and freshwater emergent wetlands) on the vast majority of the northwestern portion of the Tax Parcel ED02-057.00-01-14.04-000. Fragmented areas of freshwater forested wetlands also exist on the northeastern edge of Tax Parcel ED02-057.00-01- 14.05-000. a If any future development proposes disturbance (dredge or fill) to jurisdictional wetlands under the U.S. Army Corps of Engineers, a delineation of waterways and wetlands will be required. In certain circumstances, additional certifications from DNREC Wetlands & Subaqueous Lands Section will be required as part of the U.S. Army Corps of Engineers permit process. o For a list of consultants and engineers who can conduct wetland delineations, please visit the DNREC Wetlands and Subaqueous Lands Section link: :llvrrvrrw a U.S. Army Corps of Engineers (Dover Office) contact: (267)240-5278 For Tax Parcel ED02-057.00-01-14.04-000, future development plans should prioritize the preservation and conservation of wetlands located on the northwestern portion of the parcel. o If the parcel is developed in the future, schedule a meeting through the DNREC Joint Permit Processing (JPP). The JPP is offered by the DNREC Wetland and Subaqueous Land Section to provide assistance with permitting requirements on the site. This meeting is held on the 3'd Thursday of every month. In order for your project to be seen through the JPP, you must submit the request through the following website: termination and Man Reouest Form.odf Current or Previous Contamination Based on DNREC records, remediation has occurred on these parcels (held under the DNREC DWHS Project #DE-0254, Chemdecon Trailer). The project is complete and there are no known hazards present. Additional information may also be found online by searching Delaware's Environmental Navigator at httn: .nav.dnrec.delaware.sovlden3l Page 135

Item #4. PLUS review 2021-01-04 Page 5 of5 Noise and Air Pollution These parcels are located adjacent to the Dover International Speedway, hosting two major NASCAR events each year and harness racing periodically throughout the year. If residential development is proposed, the developers and the City of Dover should take appropriate precaution to avoid potential human health impacts from noise and air pollution (including particulates) from the adjacent use. O Before making decisions on zoning changes to these two parcels, DNREC Reviewers recommend conducting independent studies on ambient noise levels and air pollution in this area, for consideration in potential residential uses. Delaware's Ambient Noise Regulations can be found at: 100/1149 If residential uses are pursued, strategies to mitigate noise and air pollution should be incorporated into the project plan. These could include, but are not limited to, construction practices that would increase "sound-proofing" buildings, berms, and landscape buffers. Delaware Transit Corporation (DTC) - Contact: Jared Kauffman 576-6062 o When the mixed-use development is underway, please work with DTC as instructed in the DCM on transit needs and operations in and around site C (behind Dover Mall). Once a decision has been reached on these proposed comprehensive plan amendments, please forward a copy of the plan amendment to the Office of State Planning Coordination for our records. The plan amendments must include the adopting resolution or ordinance, a revised version of any maps that were updated as well as any text that was approved in amending the comprehensive plan. If the amendments are not approved by the city, please notifu the office so we can update our records. Thank you for the opportunity to review this Comprehensive Plan amendment. If you have any questions, please contact me at 302-739-3090. Sincerely, \ lyrtPl*^.u,- C {',..,*r,. . Constance C. Holland, AICP Director, Ofhce of State Planning Coordination Cc: Dawn Melson-Williams, AICP Page 136

Item #4. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map and Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street EXHIBIT SET – Public Comments Received Public Comments Received (to 3:00pm on 2/16/2021): 1. Letter of Support for Restaurant from Theo and Arnold Braunskill of 91 N. West Street dated 2/11/2021 2. Letter of Support for Restaurant from Jeff Niezgoda (Delaware resident) dated 2/10/2021 3. Email of Support for Rail Haus from Fran Riddle of 127 N. State Street dated 2/12/2021 4. Email of Support for Restaurant from Heather Thorsell dated 2/12/2021 5. Email of Support for Restaurant from Juliana Mione (PreSchool Teacher) dated 2/13/2021 6. Email of Support for Rail Haus Venue from Steven (a Dover native) dated 2/14/2021 7. Email of Support for Rail Haus Restaurant from Rachel Papen of 645 Papen Lane dated 2/15/2021 8. Email of Support for Rail Haus Business from Brian Moritz of Magnolia dated 2/15/2021 9. Email of Support for Raul Haus Restaurant from Gale Christensen (a new Delaware resident) dated 2/15/2021 10. Email of Support for Rail Haus Restaurant from Megan Worden Muenter dated 2/15/2021 11. Email of Support (for Beer Garden) from Colleen Worsham Papen dated 2/15/2021 12. Email of Support from Rail Haus Restaurant from Laura Parks of Maple Lane dated 2/16/2021 13. Email of Support for Rail Haus from Jayce Lesniewski of 31 Maple Lane dated 2/16/2021 14. Email of Support for Industrial Rezoning along railroad corridor from Linda Parkowski, Executive Director of KEP – Kent Economic Partnership dated 2/16/2021 15. Letter of Support from Mt. Carmel Church of Living God located at 117 N. West Street dated 2/16/2021 16. Letter of Support for Restaurant from Monica LeBlanc of Diamond State Realty dated 2/16/2021 Page 137

Item #4. Theo and Arnold Braunskill February 11, 2021 91 N West St Dover, DE 19904 302-744-9137 Re: In Support of Donny Legans Restaurant at 92 N West St We are the Braunskills on the corner of West and Fulton St. My family has been in this neighborhood for over 100 years. My family still lives in this neighborhood. I understand how some of my neighbors could be reluctant and skeptical of a new business. We have had our share of drugs, slumlords and the eyesore of a recycle facility. We have to be ready to move past the hurt and trauma of past businesses and learn to heal and replace those scares with positive and refreshing businesses. We have to embrace new. Like we have with the new housing in our community that has increased our property values. We all know that if we don’t continue to make changes things will remain the same. And we must remember, we are a City. We are the City of Dover, the capital of the state of Delaware. A state that is use to doing FIRST things. We have to be welcoming to our tourist and our ‘out of state’ visitors. We have a responsibility to our future generations. I am in full support of a new restaurant. I believe it to be a boost well needed. I am particularly supportive because I have hopes and dreams of turning the warehouse/building next door, into a Railroad Museum. It would fit nicely together…. a restaurant and museum. We love Dover and believe that this Restaurant will be an asset to our community and to the City of Dover. Sincerely, Theo Braunskill Page 138

Item #4. February 10, 2021 Dear Planning Committee, I’m writing to show my support for the proposed project/restaurant located at the former Southern States building. I have been a resident of the State of Delaware for 55 years and this type of venue could bring a lot of positive energy to the surrounding communities. I’ve been to many indoor/outdoor garden style restaurants and I’ve seen firsthand how these types of facilities are accepted and supported by the surrounding area. My wife and I enjoy getting out to establishments like this especially when we can include our dog. I fully support and endorse this project idea. Sincerely, Jeff Niezgoda Page 139

Item #4. Melson-Williams, Dawn From: Frances Riddle <outlook_8B75BAB319A77478@outlook.com> Sent: Friday, February 12, 2021 11:34 AM To: CompPlan Subject: Rail Haus 92 N. West Street As a resident of the downtown Dover community and an active volunteer for Restoring Central Dover, I strongly support the proposed Rail Haus restaurant at 92 N. West Street. This block is ripe for further development and would be both an anchor and a magnet for the community. I can already taste the good food and hear the sounds of happy families. Restoring Central Dover has a community garden on Wesley’s campus which could help provide local produce, the area is bike and walk friendly, and the Solid Rock Community Outreach Center is right across the street. The railroad has historical significance in Dover, and this would be a way to celebrate it. I can’t wait to see this vision become a reality in our city! Fran Riddle 127 N. State Street Dover Sent from Mail for Windows 10 1 Page 140

Item #4. Melson-Williams, Dawn From: Heather Thorsell <pixy7878@gmail.com> Sent: Friday, February 12, 2021 5:20 PM To: CompPlan Subject: Rail Haus We heard about the proposed new restaurant Rail Haus in downtown Dover. We would love to have a beer garden we could dine outdoors, play games with our kids and maybe even bring the dog along, too! Downtown Dover is a hidden gem that needs more family friendly places to dine. Please consider supporting this veteran owned business come to fruition! Heather Thorsell Sent from my iPhone 1 Page 141

Item #4. Melson-Williams, Dawn From: Juliana Mione <jaymione19@gmail.com> Sent: Saturday, February 13, 2021 5:15 PM To: CompPlan Subject: Support For Rail Haus Good Evening, I wanted to extend my support of the opening of Rail Haus in downtown Dover. My husband and I, also a permanent military family in Dover, travel to Middletown or Lewes often for unique dining experiences. We would love to keep our business here in Dover, especially now that we have two toddlers. There are not enough family friendly outdoor style restaurants in our area that can bring community events to an outside space as well as a fun afternoon evening with friends or relatives. Like Bel Boutique, Fornees, My Roots and other business’ downtown, this would bring more than Dover to an area that needs our business and support. This is what Dover is missing. Any other way I can help answer questions or show my support please let me know. Juliana Mione 814‐553‐1024 JayMione19@gmail.com Preschool Teacher The Little School at Kids Cottage Sent from my iPhone 1 Page 142

Item #4. Melson-Williams, Dawn From: Yeff <sdwalls90@gmail.com> Sent: Sunday, February 14, 2021 1:53 PM To: CompPlan Subject: Rail Haus Hello my name is Steven. I am from the area and have been living here my whole life. I am a husband and father of four. I think the plan for a new venue such as Rail Haus would be great for the community. Sincerely, A Dover Native 1 Page 143

Item #4. Melson-Williams, Dawn From: Rachel Papen <rachelpapen@me.com> Sent: Monday, February 15, 2021 7:34 AM To: CompPlan Cc: dlegans@mac.com Subject: Support for Rail Haus Hello! To whom it may concern, I am writing to you in the hope that you give full and complete support to the proposed opening of Rail Haus in Dover on 92 N West Street. As Dover recovers from the financial strain of the global pandemic, it is important to invest in locally owned, community based ventures that will enrich our local economy. Thank you in advance for your time and consideration in this matter. I look forward to hearing about your support for this venture. Best, Rachel Papen 645 Papen Lane Dover, DE 19904 603‐490‐0699 Rachelpapen@me.com 1 Page 144

Item #4. Melson-Williams, Dawn From: Brian Moritz <brian.c.moritz@me.com> Sent: Monday, February 15, 2021 9:52 AM To: CompPlan Subject: Rail Haus To Whom It May Concern, Please consider approving whatever permits need to be allowed for this business. Following COVID‐19’s wrath on small business, anyone that has the guts to dive into small business should be given the chance without hesitation. Add to the fact that this is a veteran‐owned business, you know that the owner will have an Air Force Base full of support to start followed quickly by the local community. Family and pet friendly.... please let this get approved!!! The downtown area needs a revival and has so much potential, move on this now! Thank you! Brian Moritz Magnolia, DE 1 Page 145

Item #4. Melson-Williams, Dawn From: Gale Christensen <naleedrew@gmail.com> Sent: Monday, February 15, 2021 12:06 PM To: CompPlan Subject: Rail Haus Planning Commision: Please take an active look into the new restaurant being proposed at 92 N West St in Dover. The Rail Haus could bring so much needed energy to Dover, I would love to spend my money locally. Dover is so on the brink of becoming a great place or failing to seizure the opportunity. Cheers, Gale Christensen (new resident of Delaware) 1 Page 146

Item #4. Melson-Williams, Dawn From: Megan Worden <megan.worden@gmail.com> Sent: Monday, February 15, 2021 12:41 PM To: CompPlan Subject: Rail Haus Hello! To whom it may concern, I am writing to you in the hope that you give full and complete support to the proposed opening of Rail Haus in Dover on 92 N West Street. As Dover recovers from the financial strain of the global pandemic, it is important to invest in locally owned, community based ventures that will enrich our local economy. Thank you in advance for your time and consideration in this matter. I look forward to hearing about your support for this venture. Best, Megan Muenter ‐‐ Megan 1 Page 147

Item #4. Melson-Williams, Dawn From: Colleen Worsham Papen <FarmernDEL@msn.com> Sent: Monday, February 15, 2021 3:42 PM To: CompPlan Subject: Beer garden The addition of a beer garden in the Dover area would be an asset to the community, employment, and the local economy! I sincerely hope this goes forward. Colleen Papen Get Outlook for iOS 1 Page 148

Item #4. Melson-Williams, Dawn From: Laura Parks <laura.e.parks@gmail.com> Sent: Tuesday, February 16, 2021 7:31 AM To: CompPlan Subject: 92 N West St Hi, I live on Maple Lane with my husband, son, and two dogs. We are all very excited about the Rail Haus plan! We would love to spend our money here in Dover instead of driving to Crooked Hammock or Constitution Yards. I encourage you to support Donny Legans’s endeavor. Thanks, Laura 1 Page 149

Item #4. Melson-Williams, Dawn From: Jayce Lesniewski <jayce.r.lesniewski@gmail.com> Sent: Tuesday, February 16, 2021 12:43 PM To: CompPlan Subject: 92 N. West St. Good Afternoon ‐ I am writing to support Donny Legans' Rail Haus plan at 92 N. West St. I think it is a fantastic idea and would be a great benefit to the community. I hope the city will endorse his project. Thanks Jayce Lesniewski 31 Maple Lane 1 Page 150

Item #4. Melson-Williams, Dawn From: Linda Parkowski <Linda.Parkowski@co.kent.de.us> Sent: Tuesday, February 16, 2021 11:15 AM To: Hugg, Dave Cc: Melson-Williams, Dawn Subject: Planning Commisiion Meeting 2.16.21 Dave, RE: Z‐21‐02 & MI‐21‐01B Lands of Donny Legans West Street and Fulton St. I am writing to you to express the position of the Kent Economic Partnership regarding the zoning of any existing rail adjacent parcels. The KEP supports all types of projects especially ones which contribute to the quality of life in Central Delaware but the KEP does not support any reclassification of parcels along the rail corridor from an Industrial designation. Regardless of the merits of the projects the continued loss of Industrial zoned land along the rail corridor in Central Delaware is an issue and one the Kent Economic Partnership opposes. In fact we are working diligently to identify and preserve any appropriate available land along the rail corridor. Thank you, Linda Parkowski Executive Director Kent Economic Partnership 555 Bay Road Dover, De 19901 302‐678‐3057 302‐632‐2033‐cell 1 Page 151

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Item #4. CITY OF DOVER PLANNING COMMISSION February 16, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. Ordinance #2021-02. This is associated with rezoning application Z-21-02. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this Request is in regards to two properties that are located on west side of North West Street between North West Street and the railroad tracks. On the map shown, the railroad track is the heavy black line that is shown. The current Land Use Classification designation in the Comprehensive Plan is Industrial and the proposed designation is for Mixed Use. The property is actually two parcels of land. The one that fronts directly on North West Street is the one with the address of 92 North West Street and the other kind of strip of land does not have an address and it is referred to as the parcel adjacent to Fulton Street. There is an existing warehouse-like building on 92 North West Street. The properties were previously owned by the Southern States Corporative and at one point, had a number of storage tanks for various fuels that were part of that operation a number of years ago. Those storage tanks were monitored and may still be monitored by DNREC’s Underground Storage Tank programs. For the Comprehensive Plan, again in the DAC Report it references the statements of the Comprehensive Plan related to goals for what are Employment Centers and that’s where it captures the Industrial land use. Then also presented are the goals and recommendations for the Land Use Category of Mixed Use. The Land Use Category of Mixed Use also has some specific recommendations that are focused on Downtown Dover. While this may be some distance from what most people consider Downtown Dover on Loockerman Street, it is within the northwestern portion of the Downtown Central Dover Area. In this application, Planning Staff has evaluated the request to make that land use change from Industrial to Mixed Use and they are finding that it does not appear to be consistent with the area in general. They look at it as there are areas as you Excerpt of Planning Commission Meeting of February 16, 2021 Page 1 of 10 Page 154

Item #4. can see on the map to its south and east that are in that Mixed Use category; that is where you truly find a mix of residences, a number of public assembly uses in the form of churches and then once you reach Division Street you do find much more of a commercial aspect in uses. They look at this area between North West Street and the railroad corridor as industrial in nature with West North Street being kind of the boundary between what is industrial that flanks the railroad corridor with the remainder of the Downtown area. They think the Industrial (category)still allows for opportunity of some industrial types uses that are smaller in scale. These are smaller properties when compared to some of the other tracts of land along the railroad track, but they think that the opportunity still is there for this property. The Development Advisory Committee also provided comments. Most of them are basically no objections to the land use change and only comments regarding should potential land use activities happen in the future. Since this is a Comprehensive Plan Amendment, it was reviewed through the PLUS Review process with the State and she wants to highlight some of the comments. It was recognized by the Office of State Planning Coordination for no objections in the change of land use. It is an area in the State Investment Level 1 that is developed, and it is an opportunity for redevelopment of the parcel. DelDOT offered no comments as the adjacent streets in this area do not fall under their jurisdiction. DNREC; however, did include some notations about what may be current or previous contamination that may exist on this property. It was part of what was a larger remediation project that administered through the Division of Waste & Hazardous Substances at DNREC. So, for any kind of future activity there, they would need to be consulting that specific section of DNREC and there may be implications for future development of the property. There is nothing substantially negative. The reminder from DNREC is in regards to if they were considering use of the property; and it is really based on the historic use of the property that may have caused a potential contamination at the site and can deal with remediation procedures if necessary. Mr. Street stated that the property is just north of Division Street and Fulton Street is the next street north. Just to the north of us is Teal Construction and the immediate adjacent parcel to the north of us is a recycling center and to the west is the Norfolk Southern Railroad. Everything on that western side of the railroad has a Land Use of Industrial as well. This slide mimics the Land Use as it is laid out in the current Comprehensive Plan right now. On the lower right hand corner of the map shows the Mixed Use of the City itself. The red dot is the subject parcel and it is mashed right in between Mixed Use, some Residential Medium Density and Institutional which includes Wesley College, Booker T Washington Elementary and William Henry Middle School as well as Campus Community School. What you see in the middle in the gray is the Land Use that is used as Industrial right now. As you get further south along that railroad line, right in between Fulton Street and Cecil Street, that is where we are. They are kind of right in that tip. It is a really small parcel that has been vacant for almost going on 30 years now. It has been for sale for the past 6 years and no one has really jumped on it. It is in the northwest corner of the Downtown Development District. Two main goals of the Comprehensive Plan would be to encourage economic development and to promote revitalization and redevelopment of the City’s Downtown. As Mrs. Melson-Williams said, this may not be considered right in the heart of Downtown, but it is still in that Downtown Development District. Switching this Land Use from Industrial to a Mixed Use affords the owner an opportunity to redevelop this in a manner that would revitalize the area. It only takes one domino to fall for the rest to follow suit and he thinks that this has the potential to do that. With that, he understands the City’s concern with switching Excerpt of Planning Commission Meeting of February 16, 2021 Page 2 of 10 Page 155

Item #4. the Industrial along that rail line but like he said, we are at 0.4 acres and there really isn’t a practical use for something that small. Even if the neighboring property was to purchase this property, which they likely had the opportunity to do for quite some time and expand their operations they are still not at anything above 2.5 to 3 acres and that is an Industrial use that is quite small. You can see that the properties north and west of us are multiple acre properties that can utilize rail if needed and have the room to actually construct and/or improve those areas. This property just doesn’t have the ability to do that. Mr. Legans stated that for thirty years this property has sat vacant. It has been for sale for the last four or five years with no hits and no interest; so, it is zero economic benefit to the neighbors and to the community. Actually, it has been more of a determent in terms of attracting residents and attracting business to that area despite it being located Downtown. So, no matter which map you look at, whether it’s a Downtown Redevelopment Target Area Map, the Downtown Redevelopment High Priority Area Map or the Downtown Development District Map which is a smaller subset of Downtown and is designed specifically to spur economic activity. Dover got designated that in 2015 and this property still sat for an additional six years. He does not think that it is desirable with the size for Industrial use as things are getting bigger and bigger in that realm so we would like to change it to Mixed Use. It is consistent with the 2019 Comprehensive Plan recommendation that Downtown be Mixed Use, so they agree. It is a six minute walk to Wesley’s campus and a ten minute walk to Loockerman Plaza; so, it is very much in that hub. One block off of Division Street; this corridor that is our gateway to Dover and it is the first impression that people get coming from the west and we should be mindful of our first impression of Downtown. He thinks that we need something vibrant there, something for the community. The Downtown Development District is 224 acres and was established in 2014 by Mrs. Ann Marie Townshend. The very first thing that you have to do is draw your map and define your lines and this 92 North West Street is within those lines and that was to specifically spur economic development. Of those 224 acres, all but five acres fit into the Mixed Use land use, C-3 (Service Commercial Zone) C-2A (Limited Central Commercial Zone), C-1 (Neighborhood Commercial), R-8 (One Family Residence Zone) and R-10 (One Family Residence Zone). Those five acres are made up of six parcels. Three are in use: Teal Construction, the recycling center and the auto parts store. The other three parcels are not in use: one is a vacant lot, one is a vacant building, and one is a storage area that he thinks was up for Sheriff’s Sale in January. He thinks that we can do better by our community and our City. It is not secret that he wants to put a restaurant here and that is the reason why there are probably a lot of call-ins tonight. He plans on keeping the industrial look and feel; it will be family friendly. Most importantly given everything that we have been through, he thinks it will be good for the community. So, what better way to say that Dover is serious while raising its profile that it is open for business than changing this long outdated Land Use (Category) to something more in line with what is trending Downtown and that is Mixed Use. Mr. Hartman questioned what Mr. Legans would say to the adjacent industrial neighbors that are properly zoned and sited? There have been comments about a domino effect and one of the letters mentioned siting a museum there. Have you talked to them? What do you say to your neighbors that are industrial? Responding to Mr. Hartman, Mr. Legans stated that he did talk to one of the principals for Diamond Recycling Center and he loved the idea. He has actually been to a similar style restaurant throughout his travels in Philadelphia, so he was very familiar with Excerpt of Planning Commission Meeting of February 16, 2021 Page 3 of 10 Page 156

Item #4. what we are trying to do. In terms of domino effect, he thinks that it was more in line of how people view Downtown in terms of attracting residences and businesses and the domino effect of people not wanting to come Downtown for whatever reason. To have a new vibrant restaurant that is local and that is veteran-owned in the neighborhood that you can walk to or bike to. Since the Senator Bike Lane is right in front of it that they plan on using more, he thinks was more in line with the domino effect. Not in terms of other parcels being bought up. Then again, the parcel directly to the south of him is a non-use and he believes that is the rail museum that the one commenter is talking about. If you’ve driven down Division Street, you can see that the roof is half gone and has been like that for years. So, the domino effect for something that is not in use, he supports. Mrs. Lord stated that she thinks it is an excellent thing for Downtown and we need some revitalization. This sounds like a progressive foot forward. Taking a parcel of land that is just sitting there and turning it into something that is good for the community, she whole heartedly supports and plus she lives next to Wesley College; she lives Downtown. We see every day how things can be eroding to some extent and desperately want to see a positive movement not negative movement. She thinks this is very positive. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wanted to enter into the record the Exhibit Set of Public Comments received on both this Comprehensive Plan Amendment Application (MI-21-01B) and the associated Rezoning Application (Z-21-02). There are sixteen items that came in the form of emails or letters in regards to these applications. We do have a number of those individuals present this evening. For the most part, these are all letters of support for what they make mention of as a restaurant or the Rail Haus name or the Rail Haus Business. There is a letter, Item #14, which was an email support for the Industrial use of the property along the railroad corridor that was received by the KEP (Kent Economic Partnership). We did try to identify for the emails where the person was speaking from and some of them included their residences and they included that in the list. We have comments received from Theo & Arnold Braunskill, Jeff Niezgoda, Fran Riddle, Heather Thorsell, Juliana Mione, Steven, Rachael Papen, Brian Moritz, Gail Christensen, Megan Muenter, Colleen Papen, Laura Parks, Jayce Lesneiwski, Linda Parkowski, Mt. Carmel Church of the Living God, and Monica LeBlanc. Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he lives at 3 Shinnecock Road and has an office located at 15 Kings Highway. He thinks that this is a wonderful application. He does not know the applicant and he is not here on behalf of any client, but he thinks that this is a wonderful opportunity to take some unused property and turn it into something pretty neat. This brings to mind some places that he has been, including a place in Middletown, Delaware called Metro Pub & Grill which sits along the railroad tracks. It’s a wonderful operation and it does have that industrial look to it. It is a great restaurant and he has been there many times. It also reminds him of places in the State where we are taking property that has not being utilized or that is not being used to its best use. This is one of those opportunities where he thinks that we step forward as a City and maybe it will be something that anchors that into Loockerman and gets some things moving. He wishes the applicant great success and hopes that the Planning Commission will allow this to move Excerpt of Planning Commission Meeting of February 16, 2021 Page 4 of 10 Page 157

Item #4. forward. Ms. Michelle Johnson – 39 North American Avenue Dover, DE 19901 Ms. Johnson stated that she is very much in support of the Comprehensive Plan Amendment to include the change from Industrial to Mixed Use. She lives at 39 N. American Ave which is down the street from Mr. Legans. They don’t know them well, but they have moved into their neighborhood and in many ways revitalized it. They have done a ton of work on their house. They have gotten to know all of the neighbors and they have been really extraordinary in reaching out and just being wonderful neighbors in our community. She has absolutely no doubt that what they intend to do at the property at 92 North West Street will indeed revitalize that area of Dover. We live within walking distance and at this point, to go to a similar location, we would need to drive to Lewes, Middletown, Wilmington or Philadelphia. It was just be wonderful to have a property like that within walking distance of Downtown Dover. Mr. Kirk Johnson – 39 North American Avenue Dover, DE 19901 Mr. Johnson stated that he was also in support of the change in use for a couple of reasons that have already been touched on by others. The importance of redeveloping that neighborhood for a property that has sat empty for an extraordinarily long period of time. It is such a small lot at 0.4 acres; it is less than 36,000 SF. The land to building ratio size means that somebody is going to locate there means that it would be at most a 15,000 SF manufacturing facility that is locked in; it is in a residential neighborhood. The odds of finding anyone are incredibly low and we have proven it by having an unused parcel for such a long period of time. He hopes that the Commission will approve the change in use because it really is important for the City of Dover to have locally owned businesses inside its City rather than simply outside entities building yet another corporate chain restaurant on Route 13. Mr. Jeff Niezgoda – 126 Downes Drive Hartly, DE 19953 Mr. Niezgoda stated that as Mr. Legans mentioned, the multi-modal component and the connectivity exists with this opportunity at this site: both with the Senator Bikeway that was recently completed that is an east to west connection through Dover as well as the Capital City Trail that also provides opportunity from multi-modal connectivity from the Air Base, Camden- Wyoming, Downtown Dover and all of the extremes around. Other opportunities that have cropped up similar to this around other trails adjacent to railroad corridors or business opportunities that have opened up adjacent to railroad corridors similar down in Georgetown and Lewes where they are building a Georgetown-Lewes Trail. There have been a lot of restaurants and breweries that have been very successful. He has been a resident of Delaware for approximately 55 years. Mr. Cameron Llewellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llewellyn stated that he and his wife own Tidemark Construction located at 117 West Reed Street and also My Roots that is located at 9 West Loockerman Street. They fully support rezoning this property. Our colleague Mr. Rob Pierce in Milford, DE has at the former Southern States property in Milford a doggie day care. He does not believe that a bike lane was intended for industrial workers to ride their bikes to work; he believes that it was for space making. As an industrial and commercial contractor, he sees this as an opportunity to change the use of this piece of dirt and make it something good for Downtown Dover. Where it is located is a gateway Excerpt of Planning Commission Meeting of February 16, 2021 Page 5 of 10 Page 158

Item #4. into Dover and when people come across those railroad tracks and see this, they think that this is an urban area that wants young professionals to congregate and not for vacancy. To echo the comments of some of the earlier Planning members, Mrs. Melson-Williams and Mrs. Townshend did a lot of work to put that DDD Grant together and there are not huge corporations that are going to come in and chase Downtown Dover for 0.8 acres. He will make comments here about Constitution Yards in Wilmington, DE and the Crooked Hammock. Those are all economically viable entities and they bring people to places that they normally wouldn’t go. He and his wife fully support this. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he is the President of the Downtown Dover Partnership; he is a founding member of the organization known as Destination Downtown Dover; and he is a member of the Greater Kent Committee. He states for the record, that he does not represent any of those entities as he speaks tonight but more appropriately, he shows his passion for the area. He spent a lot of time working with the revitalization of this area. He also owns multiple properties in the Downtown area: 115 North State Street, 110 North American Avenue, and 27 West Loockerman Street where his business is located. That business is real estate brokerage. He works in this neighborhood and he thinks that it is appropriate to recognize many of the changes that this neighborhood is currently going through by the efforts of organizations like NCALL and Habitat for Humanity. We are seeing the neighborhood turn into a primarily owner occupied residential area versus a primarily tenant occupied area. This has social benefits that far outweigh anything that anybody can throw at you. Many of these homeowners do desire a place where they can walk and feel safe and have a good time and get a meal. From what Mr. Legans has told him, this is absolutely what this area needs. You are going to hear two key points that these economic development entities in Kent County desire and that is quality of life and that we are also targeting industrial and manufacturing. Both are excellent ideas for growth here in Kent County and in Dover specifically. With regards to the property here, he is going to echo what everyone else has said. It is not big enough to attract a viable industrial purchaser. The properties surrounding it are going to be much better suited to attract those people. Finally, he thinks what the Commissioners have to weigh is which one of these uses is going to be the highest and best use for this specific piece of property. Based on his experience and the work that he does in all levels, voluntarily and professionally, he sees this as being a true benefit to the area and to Downtown and to his personal life because he will get to walk to it and enjoy it himself. Mrs. Lord stated that she used to live in a town in Virginia that wasn’t too different from Dover. It was sleepy and they kept trying to wake it up and nothing worked. It took one business, in fact very much like this one, that woke up this town (Leesburg, VA) and now it is a thriving family friendly and multi-friendly place where people just come and spend their money. She really thinks that this might be a turning point for Dover, something that she has personally been looking for since she moved here 6 years ago. Mrs. Theo Braunskill – (was unable to speak due to technical issues/ used Chat) Mrs. Melson-Williams state that Mrs. Braunskill is noting that she is a member of the community. Her letter notes that the Braunskills live at the corner of West Street and Fulton Street. Her family has lived in the neighborhood for more than 100 years and they still live there. Her neighbors may be reluctant and skeptical of a new business. They have had their share of Excerpt of Planning Commission Meeting of February 16, 2021 Page 6 of 10 Page 159

Item #4. things like drugs, slumlords and the eye sore of the recycling facility but they are ready to move past all of that and learn to heal and replace those scars with a positive and refreshing business. They have to embrace new and they have new housing in our community that has increased our property values. She knows that if we don’t continue to make change that things will remain the same. She notes to make sure that they remember that we are a City, the capital of the First State of Delaware and that use is going to do FIRST things. She notes that we have to be welcoming to tourists and our “out of state” visitors and we have a responsibility for our future generations. She is in full support of a new restaurant and it would be a well-needed boost. She is particularly supportive because she has hopes and dreams of turning the warehouse/building next door into a Railroad Museum that would fit nicely together, a restaurant and a museum. She further states that they love Dover and believe that this restaurant will be an asset to our community and the City of Dover. Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski questioned if Dover needs something like Mr. Legans is proposing. Absolutely, there is no question that Dover and Downtown Dover needs something vibrant as Mrs. Lord stated, that would be even just the start to everything happening in Dover. The concern that the KEP has is that they have lost so many industrial sites along the rail corridor all throughout the County. COVID has actually changed a couple of things as far as people wanting rail sites. The supply chain is different than what it was. Having said that, everybody will say this site is too small. You could combine it with what land is across the railroad, combine it with the parcels around it, and it would be able to support all kinds of projects that could contribute to the quality of life. They are asking the Commissioners not to change the Comprehensive Plan zoning designation of Industrial. They implore you to keep the Industrial zoning designation because they feel that the rail corridor is such a precious commodity that they are not building anymore rail. What we have is what we have, and we have to preserve the Industrial zoned land all along the corridor. She has told Mr. Legans that she is more than happy to work with him if he wants to find an alternate site in the Downtown area and they will be in support of it because they do believe that this is needed in Dover. Mrs. Maucher closed the public hearing. Mrs. Welsh questioned if Ms. Parkowski could clarify her reasoning for not supporting this application. Do we need land along the railroad corridor abutting the railroad in a continuous path? Responding to Mrs. Welsh, Ms. Parkowski stated that any industrial zoned land that is currently existing along the railroad, they do not want to see it rezoned for other uses. The industrial rail land has become much more valuable. She knows that this parcel sat for 6 years but post-COVID is going to be a whole different world for industrial rail land. The last two large projects that came into the Dover area all needed rail. She addressed the size earlier, but they have had inquiries where people need an acre for what they want to use rail for. She has a project right now that probably would have gone in the Southern States Building had it been available. They are opposed to rezoning from Industrial to any other use, especially land that is along the rail corridor. They are asking the MPO to fund a study this year to find all of the land that they can start preserving that is along the rail corridor because otherwise, it is going to be housing developments or other uses and soon we won’t have that land available for good paying jobs. Excerpt of Planning Commission Meeting of February 16, 2021 Page 7 of 10 Page 160

Item #4. Mrs. Lord stated that you don’t want it changed over from Industrial; you want it kept the way it was. So, what do you envision happening with that land going forward? Right now, it is just sitting, and it could be part of a revitalization of the Downtown area which is needed for all small businesses. Post-COVID, we are going to have to really ramp up our small businesses. She understands the concern about the supply chain, but she does not see how this tiny parcel of land is going to impact the supply chain. Responding to Mrs. Lord, Ms. Parkowski stated that she thinks that she thinks Mrs. Lord’s point is well taken but if you look at the zoning that’s happened in Kent County over the last 10 years and you look at how many housing developments butt up against the rail corridor. All along the rail in Kent County, they have lost some really good industrial land that could be used for industrial uses. This may be a small parcel, but you are setting a precedent that you can just take that industrial land along a rail and rezone it for other users. She does think that there are other users and she thinks if that Southern States Building was available now or in the next year, she thinks they could find and industrial user for it. Mrs. Lord stated that her point is that the land is vacant and maybe somebody is going to come along, but right now we have someone who wants to create a business there and employee people and revitalize Downtown. A tiny little parcel, she doesn’t think, is going to hurt the rail business in Dover. Mr. Hartman stated that what concerns him is not the restaurant because we need that but do we need it there? We see restaurants failing in Downtown Dover. He doesn’t want to change the Comprehensive Plan to a Mixed Use and God forbid this restaurant fails and somebody else decides that it’s good for a residential area. The restaurant is not his concern, changing it to Mixed Use is his concern. Mrs. Lord stated that she is rather passionate about this because she sees Dover struggling to become what it could be and to be fearful of what if it fails is not being brave and moving forward to try making Dover be the best city that it can be. This is a different type of restaurant; this is a beer garden. It is something that we don’t have that people do want and people travel far away to go to places like this. We need to be brave and bold and think outside the box and not just say what if. It being an industrial site and going with an industrial theme, she thinks would be a beautiful addition and it would bring foot traffic and it would help. Mr. Adams moved to recommend approval to City Council for application MI-21-01B: Properties at 92 N West Street – Consideration of Amendment to Map 12-1: Land Development Plan Map to change the Land Use Classification to Mixed Use from Industrial, seconded by Dr. Jones and the motion was carried 6-1 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mr. Adams voting yes; he is exceptionally impressed with Mr. Legans’ presentation. He has clearly done his homework as it relates to the other properties that qualify as Industrial. He thinks that there is overwhelming support for the project by notice of all of the people who have spoken up and engaged here. He wishes the applicant good luck and looks forward to patronizing. Mrs. Malone voting yes; she is impressed as well and also supports the comments from Mrs. Lord and she will be there. Mr. Hartman voting no; based on the comments from the Kent Economic Partnership about the rail line and the Industrial zoning of their neighboring properties. He does wish the applicant success and if this goes through, he will be his biggest Excerpt of Planning Commission Meeting of February 16, 2021 Page 8 of 10 Page 161

Item #4. supporter because he goes to these places all of the time. Mrs. Lord voting yes. Mrs. Welsh voting yes. Dr. Jones voting yes; she looks forward to patronizing this business. Mrs. Maucher voting yes; she did have some initial concerns but showing the proximity of the Mixed Use right across the street on the map and it being vacant for some many years and she would say what we have been doing hasn’t been working. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street - Public Hearing and Review for Recommendation to City Council on a Rezoning Application for two parcels totaling 0.82 acres +/- located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. This is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-05. A Public Hearing at City Council is scheduled for March 8, 2021. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mr. Swierczek stated that this is the Rezoning application for the lands that we have been discussing at 92 North West Street, contingent upon the approval of the Comprehensive Plan Amendment (Mi-21-01B) that was just discussed. The land currently has a Land Use of Industrial and it is zoned M (Manufacturing Zone). If they were to be amended to be Mixed Use, the applicant is requesting that they be rezoned to C-2A (Limited Central Commercial Zone) and that would be for both parcels there. Again, it has been discussed to allow for a restaurant use and as noted with the previous application, obviously that would be part of a separate Site Development Plan process that would come in the future should both applications pass Planning Commission and City Council. Mr. Street stated that he does not have anything in addition to what has already been discussed. Mr. Legans stated that the support has been great. They plan to hire within this immediate area to get more people to walk or bike to work. With a well-paying job, this would really affect the quality of life in this area. Impacting that community is his goal. Mr. Adams questioned if the expectation here would be that we approve the Rezoning to C-2A (Limited Central Commercial Zone) and that going forward, they should expect an application for a full Site Plan review once these applications are passed by City Council? Responding to Mr. Adams, Mr. Swierczek stated that is correct. Right now, the Commission is debating the Rezoning and the development would be a future separate process. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the series of comments that were Excerpt of Planning Commission Meeting of February 16, 2021 Page 9 of 10 Page 162

Item #4. received that were applicable to both the Comprehensive Plan Amendment (MI-21-01B) and this Rezoning application (Z-21-02). There are a total of 16 items that we received by email and letter of support for a Rail Haus Restaurant use. The one that is the outlier is Item #14 from the Kent Economic Partnership who was interested in much more of an industrial zoning for the end use of the site. Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he is obviously in support of this Rezoning and asks that the Planning Commission move forward with it. Mr. Cameron Llewellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llewellyn stated that he echoes Mr. Kidner’s comments and he fully supports this application. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he would like to restate of the reasons why he was in favor of the previous application (MI-21-01B) and he is fully in support of this application (Z-21-02). Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski stated that she thinks she made her position pretty clear on the Comprehensive Plan Amendment application (MI-21-01B) but it looks like it’s going to pass, and she wishes Mr. Legans all the best. They will certainly assist him in any way that they can in being successful. Mrs. Maucher closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for application Z-21-02 Lands of Donny Legans at 92 North West Street and a parcel on Fulton Street for the Rezoning from M (Manufacturing Zone) to C-2A (Limited Central Commercial Zone), seconded by Mr. Adams and the motion was carried 7-0 by roll call vote with Mr. Roach and Mr. Baldwin absent. Mrs. Welsh voting yes; she thinks that it is a great idea and wishes the applicant all of the success. We all really need that right now and she thinks this will be a great start to revitalization as they all hope. Dr. Jones voting yes; for the reasons previously stated. Mr. Adams voting yes; he thinks that there has been great conversation tonight and he is looking forward to this great addition to Dover. Mrs. Malone voting yes; for the reasons previously stated. Mr. Hartman voting yes; to support this business and he hopes that all of his fellow Commissioners and all those people who called in to support this business, he hopes to see everyone in there eating. Mrs. Lord voting yes; she believes that this is a shot in the arm that Dover desperately needs. Mrs. Maucher voting yes; it is consistent with the Comprehensive Plan change that was just approved. Excerpt of Planning Commission Meeting of February 16, 2021 Page 10 of 10 Page 163

Item #4. FINAL READING CITY OF DOVER ORDINANCE #2021-02 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 PROPERTIES LOCATED AT 92 N. WEST STREET AND AN ADJACENT 4 PARCEL ON FULTON STREET. 5 6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 7 the City of Dover, Delaware; and 8 9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 11 pursuant to Title 22, Section 702 of the Delaware Code; and 12 13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 15 16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 17 18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12- 19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 20 21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and 23 24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the 25 Planning Commission made a recommendation in regard to this amendment to the Land Development 26 Plan related to the specific properties. 27 28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described 30 below. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 34 35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 36 Map of the City of Dover has been amended by changing the designated Land Use Classification from 37 Industrial to Mixed Use for two parcels located adjacent to the east side of the railroad corridor along 38 North West Street between Fulton Street and Cecil Street, known as 92 N. West Street and a 39 unaddressed parcel on Fulton Street. 40 (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 41 N. West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and 42 ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02) 43 44 BE IT FURTHER ORDAINED: 45 Page 164

Item #4. Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01B: 92 N. West Street and unaddressed parcel on Fulton Street) Page 2 46 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 47 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019 48 Comprehensive Plan. 49 50 ADOPTED: * 51 I:\DAC\2021 Applications\2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C\Amendment B - 92 N. West 52 Street Dover Beer Garden\Final Reading Ordinance 2021-02 Comp Plan Amendment 92 N West St MI-21-01B.docx 53 54 55 SYNOPSIS 56 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 57 Classification of two properties. The properties are 92 N. West Street and an unaddressed parcel on 58 Fulton Street, Dover DE. The amendments (MI-21-01B) are to be reflected as a revision to Map 12-1: 59 Land Development Plan Map of the 2019 Comprehensive Plan. 60 61 62 63 Actions History: 64 March 8, 2021 – Public Hearing & Final Action scheduled for City Council 65 February 16, 2021 – Public Hearing & Action on Recommendation by Planning Commission 66 January 25, 2021 – First Reading – City Council and setting of Public Hearing dates 67 Page 165

Item #5. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Public Hearing before the Dover City Council March 8, 2021 Recommendation from Planning Commission Meeting of February 16, 2021 with Staff and Development Advisory Committee Review MI-21-01 Comprehensive Plan Amendments 2021 – Amendment C Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). C. Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Owner: Dover Power Center, LLC Address: 1365 N. Dupont Highway Lot 1 and Lot 2 Tax Parcels: ED-02-057.00-01-14.04-000 ED-02-057.00-01-14.05-000 Size: 83.87 +/- acres Existing Land Use: Vacant 2019 Comprehensive Plan Designation – Land Use Classification: Commercial High Intensity Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use File Number: MI-21-01C Ordinance Number: #2021-03 Page 166

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 2 Planning Commission Recommendation: The Application (MI-21-01C) for Comprehensive Plan Amendment Request was represented by a representative of the property ownership entity and the applicant’s engineering firm. A Public Hearing was conducted on February 16, 2021 where one member of the public spoke regarding the Amendment application and two written comments (1 in favor and 1 in opposition) were received. The Planning Commission moved by vote of 4-2 to recommend denial (not to recommend approval) of the proposed Land Use Classification change from Commercial High Intensity to Mixed Use. (Draft Meeting Minutes attached.) APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway – Consideration of Amendment to Map 12-1: Land Development Plan Map I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by 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 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form 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. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01C) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the attachments. C. MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map Request for Land Use Classification Change from Commercial High Intensity to Mixed Use Page 167

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 3 This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development. The Request is that Land Use Classification be changed from Commercial High Intensity to Mixed Use to be depicted on Map 12-1: Land Development Plan. This Request was submitted by the property owner Dover Power Center LLC. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Commercial – High Intensity. The property currently has the zoning of SC-3 (Regional Shopping Center Development Zone). Rezoning of the parcel is not being sought at this time. This Amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01C Exhibit of Current Designation & Proposed Designation, and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01C) for Amendment seeks to change the Land Use Classification to Mixed Use. • See submissions from Applicant: Comprehensive Plan Amendment Request Dover Mall/Residual Lands Letter of December 14, 2020 (Narrative); Land Use Map Exhibit; and Zoning Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The subject properties Lots 1 and Lots 2 were the result of the Minor Subdivision Plan SB-14-01 which in 2014 divided them from the main parcel of the Dover Mall in an area east of the Mall loop/ring circulation drive. Within the larger Dover Mall parcel, there are other parcels carved out for the major anchor tenants with some parcels also containing associated parking areas. Lot 1 consists of 53.1704± acres of land on the northeast side of the property including the pan- handle area that runs east of DuPont Manor and consists of a large woodland area. Lot 2 consists of 30.7046± acres on the southeast side of the property. These areas comprising Lots 1 and 2 are currently undeveloped except for some improved driveway segments related to RV parking for special events and a stormwater management area. Previous Applications: Since the Dover Mall’s initial construction in the 1980’s, several building expansions and site improvements have occurred. Most recently in 2012, Planning Commission reviewed the Site Development Plan S-12-16 to construct Dick’s Sporting Goods on the front of the Dover Mall. Other applications at the Dover Mall property include the following: Application SB-98-18 Dover Mall Minor Lot Line Adjustment Plan, S-98-20 Building Addition for Carmike Movie Theaters, S-97-10 Boscov’s Building Addition and Parking Lot Expansion, and S-97-6 Building Addition at former Leggett’s (now Macy’s location). In September 2007 Application S-07-44 Dover Mall Grading Plan involved woodland clearing and site grading on the eastern portion of the Mall property which is now the Lot 1 and Lot 2 area. Under that plan 50 percent of the woodland existing at the time was cleared. This is the Page 168

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 4 maximum amount of woodland clearing permitted under the provisions of the Zoning Ordinance, Article 5 §16. Any proposed clearing in the future will be subject to the requirements of this section as it relates to woodland mitigation. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject areas of Lot 1 and Lot 2 as the Land Use Classification Category of Commercial High Intensity on Map 12-1: Land Development Plan Map. The Request seeks to take the two parcels to the Land Use Classification Category of Mixed Use. The approaches to Land Uses are also discussed in other areas of the Comprehensive Plan; see excerpts below. The approaches to the Commercial Land Uses are specifically discussed in the 2019 Comprehensive Plan beginning on page 12-11. For Commercial High Intensity, it discusses specific areas “focused on traditional shopping and retail centers accommodating the full spectrum of goods and services for regional and local needs” including the US Route 13/ DuPont Highway corridor. See the following Goal and Policy statements on Commercial Land Uses from the 2019 Comprehensive Plan. Goal: Commercial Land Uses – in General Maintain and improve the City’s position as a regional commercial center while providing its citizens convenient access to needed goods and services through well-designed and spaced regional, community, and neighborhood commercial centers/opportunities. Policies: Commercial Land Uses – in General 1. Create flexible and contemporary commercial zoning provisions that reflect emerging trends in uses, facilities, shopping preferences, and consumer demographics to meet future needs. 2. Encourage the preservation and adaptive re-use of existing commercial buildings and properties in a manner consistent with the character of the area. Continue to refine the Zoning Ordinance and other codes to ensure that City ordinances do not discourage adaptive re-use of vacant commercial buildings, both in the historic downtown and in commercial corridors. 3. Limit the frequency of commercial site entrances along arterial roadways by promoting shared use entrances and cross-access easements among adjoining properties. 4. Periodically review the performance of commercial sign codes to determine their effectiveness and the codes’ impact on the quality of commercial corridors while accommodating emerging concepts of commercial identity and brand. 5. Promote pedestrian and bicycle improvements and connecting pathways between existing and proposed neighborhood commercial sites and the residential areas they serve. 6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks to accommodate alternative means of access to commercial centers. Page 169

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 5 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. 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. While this specific location east of the Dover Mall is not discussed for Mixed Use, the 2019 Comprehensive Plan in Chapter 10 Economic Development Plan identifies the Dover Mall location as part of a major commercial corridor in the City. However, it also notes that traditional shopping center and malls are evolving to create “Town Centers” or “Lifestyle Centers” where a mix of shopping, office, and residential uses can be found. The Plan recognizes that retail formats are changing as is workplace and living areas. In the discussion of Mixed Uses areas, the Plan provides a series of recommendations for the nearby Leipsic Road Area that is also a similarly situated vacant large land tract that presents an opportunity for a master planned, mixed use community with planning for its transportation network systems. See page 12-10. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway regarding the Land Use Classification change from Commercial High Intensity to Mixed Use. Following our review of the goals and policies for Commercial High Intensity Land Uses and the description of Mixed Use Areas 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 Page 170

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 6 of Commercial High Intensity to Mixed Use is generally found 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 Lot 1 and Lot 2 of the Dover Mall at 1365 N. DuPont Highway. The change in Land Use Classification to Mixed Use offers a broader range of zoning districts with a variety of land uses for development. Even the current zoning classification of SC-3 offers the potential for retail, office, personal services, recreational and institutional facilities as permitted uses. The location of Lots 1 and 2 provides an opportunity for master planning and careful design thinking to consider the appropriate zoning districts to accommodate a mix of uses in creating a new community area. Given the status and challenges of older malls and the changing face of retail, work, and living arrangements, this Request to change the Land Use designation to allow other uses (mix of uses) is appropriate as it offers greater flexibility. One concern of note is the access for Lots 1 and 2 as it will require careful assessment. Even at the time of their subdivision from the main Mall parcel, provisions establishing at least easements for access to public streets were included and recommended for further study. Any future development of the properties will likely include transportation system improvements and multi-modal improvements to achieve appropriate site access from adjacent State-maintained roadways and/or creation of a new street and pathway network in the area. RECOMMENDATION OF THE PLANNING COMMISSION: At the Virtual Planning Commission Meeting of February 16, 2021, the Application (MI-21-01C) was represented by John Viglianti as a representative of the property owner Dover Power Center, LLC and by Gregg Moore of the application’s engineering firm the Becker Morgan Group. During the Public Hearing, one member of the public spoke and two (2) written comments (1 in favor and 1 in opposition) were received regarding the Comprehensive Plan Amendment Request (and associated Rezoning). The Planning Commission recommended denial (not to recommendation approval) of the proposed Comprehensive Plan Amendment (MI-21-01C) for the Land Use Classification change from Commercial High Intensity to Mixed Use of the properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway as proposed with a vote of 4-2 with two members absent and one member recused. See also the included excerpt of the DRAFT Meeting Minutes of the February 16, 2021 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. ATTACHMENTS: • Application MI-21-01C Submission: o Comprehensive Plan Amendment Request Dover Mall/Residual Lands Letter of December 14, 2020 (Narrative from Applicant) o Land Use Map Exhibit of Lots 1 & 2 Area o Applicant’s Presentation Slides for Planning Commission Meeting Page 171

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item #5. Planning Commission Recommendation Report of February 16, 2021 Page 7 • Map 12-1: Land Development Plan Map (as adopted) • MI-21-01 Comprehensive Plan Amendments Request Locations Exhibit Map • Table 12-1: Land Use and Zoning Matrix from the 2019 Comprehensive Plan • MI-21-01C Amendment C: Exhibit of Current Designation & Proposed Designations • Development Advisory Committee Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • PLUS Review #2021-01-04 Comment Letter of February 15, 2021 • Written Correspondence received for Planning Commission Meeting consisting of EXHIBIT SET – Item Distributed and Public Comments Received (to 2:00pm on 2/16/2021): o Copy of Letter to Constance Holland at Office of State Planning Coordination from Denis McGlynn, Dover International Speedway dated January 8, 2021 (copy included again) o Letter of Support from Dover Mall – A Simon Mall (Simon Properties) dated January 29, 2021 • Excerpt from DRAFT Planning Commission Meeting Minutes of February 16, 2021 • Proposed Ordinance #2021-03 Page 172

Item #5. December 14, 2020 Mrs. Dawn E. Melson-Williams, AICP City of Dover Department of Planning and Inspections 15 Loockerman Plaza PLANNING OUR Dover, DE 19901 CLIENTS’ SUCCESS RE: Comprehensive Plan Amendment Request DOVER MALL / RESIDUAL LANDS Dover, Delaware 2003182.13 Dear Dawn: On behalf of our client, Western Development Corporation, we are hereby submitting a Comprehensive Plan Amendment Request for the two (2) residual parcels behind the Dover Mall. Specifically, we are requesting an amendment to Map 12-1 of the 2019 Comprehensive Plan which designates these two parcels of land to the land use category of Commercial High Intensity. We would request that these two (2) parcels be amended to the Mixed-Use Land- use Category. Typically, when plan amendments are requested, the associated parcels are also rezoned in order to fit that land-use change, however. As Comprehensive Plan Amendments only take place once a year, and rezoning do not, with this application we are requesting that the City support our request to defer action on the rezoning of the parcels to allow for further project development and land planning. Two goals of the current comprehensive plan are Economic Development and housing opportunities for all residents within the City of Dover. With this request, amending the comp plan to designate this area as mixed use can serve both of those goals by allowing the potential for both. With this application we have included a Land Use Map which depicts the BECKER MORGAN GROUP, INC. surrounding land uses in the area of the Dover Mall. The current map depicts the Mall and the surrounding parcels in the land use category of Commercial High Intensity, with many of ARCHITECTURE & ENGINEERING the surrounding parcels adjoining the highway sharing the same land use category. We would submit that a more appropriate land use category for these two parcels in the rear of 309 SOUTH GOVERNORS AVENUE the mall would be mixed use, as it would allow the flexibility in the future land planning and DOVER, DE 19904 development of these two parcels into something more diverse than strictly high intensity 302.734.7950 commercial. A mixed-use designation allows for more flexibility in both the housing and FAX 302.734.7965 commercial markets in order to promote economic development in the city, two goals of the PORT EXCHANGE 2019 Comprehensive Plan. SUITE 300 312 WEST MAIN STREET SALISBURY, MD 21801 Additionally, this land use designation would be in keeping with the future land planning in 410.546.9100 the area as the adjoining parcels, targeted for annexation by the City, have been designated FAX 410.546.5824 with the same land use category the applicant is requesting. Referring to Map 13-2 which ARCHITECTURE & PLANNING designates the adjoining parcels of land or the north of the Mall property, currently in the County, to be categorized as Mixed Use in the rear and Commercial High Intensity along the SUITE 211 Highway once annexed into the City. This area is a category 1 High Priority area designated 3205 RANDALL PARKWAY WILMINGTON, NC 28403 for annexation into the city. It is clear that although the current plan does not prioritize mixed 910.341.7600 use development in this area, the intent and future planning in this area realizes the benefits FAX 910.342.7506 and the flexibility of a mixed-use designation for the area. www.beckermorgan.com Page 173

Item #5. Comprehensive Plan Amendment Dover Mall / Residual Parcels Page 2 As the Comprehensive Plan Amendment only happens once a year, although the owner has an idea for future development on these parcels, we are requesting action on rezoning the parcels be deferred. Delaying the rezoning will allow for further land planning and zoning of the parcels. With this amendment request we have petitioned staff to defer the rezoning of the two parcels subject to this application till a later time. We would request this be placed on the next available agenda for PLUS and Council consideration. Please feel free to contact us if you should have any further questions, comments or need any additional information. Sincerely, BECKER MORGAN GROUP, INC. Jonathan N. H. Street Associate JNS Attachments Cc: Herb Miller – Western Development 200318213bo-COD-ltr.doc Page 174

24x36 24x36 Item #5. 24x36 24x36 24x36 24x36 24x36 24x36 24x36 ARCH I T E C TURE 24x36 ENG I NE E R I NG 24x36 Dover, DE 24x36 309 S. Governors Ave. Dover, DE 19904 Ph. 302.734.7950 24x36 Fax 302.734.7965 24x36 Salisbury, MD 24x36 312 West Main St. Suite 300 24x36 Salisbury, MD 21801 Ph. 410.546.9100 Fax 410.546.5824 Wilmington, NC 24x36 24x36 3333 Jaeckle Drive, Suite 120 SUBJECT Wilmington, North Carolina 28403 Ph. 910.341.7600 PROPERTY 24x36 24x36 Fax 910.341.7506 www.beckermorgan.com 24x36 SUBJECT 24x36 PROPERTY 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 CATEGORY 1 COMMERCIAL ESTABLISHMENT HIGH PRIORITY 24x36 24x36 ANNEXATION AREA 24x36 24x36 PROJECT TITLE 24x36 RESIDUAL 24x36 INSTITUTIONAL LANDS OF THE COMMERCIAL HIGH INTENSITY DOVER MALL 24x36 24x36 DUPONT BLVD 24x36 24x36 DOVER 24x36 KENT COUNTY, DELAWARE 24x36 24x36 24x36 INSTITUTIONAL 24x36 COMMERCIAL HIGH INTENSITY COMMERCIAL HIGH INTENSITY 24x36 SHEET TITLE LAND USE 24x36 24x36 24x36 CATEGORIES 24x36 DUPONT BOULDVARD . 24x36 . 24x36 24x36 INSTITUTIONAL 24x36 24x36 24x36 0 125 250 500 24x36 24x36 COMMERCIAL HIGH INTENSITY Do Not Explode - Select Scale SCALE: 1" = 250' COMMERCIAL INSTITUTIONAL HIGH INTENSITY 24x36 24x36 ISSUE BLOCK SITE DATA 24x36 24x36 1. OWNER OF RECORD: DOVER MALL LLC C/O SIMON PROPERTY GROUP P.O. BOX 6120 24x36 INDIANAPOLIS, IN 46206 24x36 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 SOUTH GOVERNORS AVE. DOVER, DE 19904 302-734-7950 INSTITUTIONAL 24x36 24x36 3. PROPERTY MAP NUMBERS: ED-05-057.00-01-14.00 (DOVER MALL, LLC - RESIDUE LANDS) 4. DEED SUMMARY: DEED BOOK: 195 PAGE: 76 RESIDENTIAL . 5. PLAT REFERENCE: PLAT BOOK 45 PAGE 47 (INFORMATIONAL PLAT OF COMPLEX) . . . 24x36 PLAT BOOK 44 PAGE 60 (SUBDIVISION OF BOSCOV'S / JC PENNEY) 24x36 HIGH DENSITY MARK DATE DESCRIPTION 6. TOTAL SITE AREA: 83.87 ACRES± LAYER STATE: COMP-AMEND PROJECT NO.: 2003182.13 DATE: 12/15/2020 24x36 24x36 8. PRESENT USE: RESIDUE LANDS OF THE DOVER MALL SCALE: 1" = 250' 24x36 9. PROPOSED USE: VACANT LAND DRAWN BY: J.N.S. PROJ. MGR.: J.N.S. 24x36 10. ZONING CLASSIFICATION: SC3 (SHOPPING CENTER DEVELOPEMENT) SHEET 18. SOURCE OF WATER: CITY OF DOVER 24x36 19. 20. SOURCE OF SEWER: SOURCE OF ELECTRIC: CITY OF DOVER CITY OF DOVER COMP-AMEND COPYRIGHT 2020 24x36 Page 175 .PDF 24x36 F:\AutoCAD\Projects\2003\2003182-13\DWG\2003182- 13-comp-plan-amend.dwg, Dec 15, 2020 - 12:09pm 24x36 2020-12-15

Item #5. Comprehensive Plan Amendment Lot 1 & 2 Dover Mall February 16, 2021 Page 176

Item #5. N Page 177 Vicinity Map-2017 Aerial

Item #5. N Page 178 Requested Land-use Change

Item #5. N Page 179 Requested Land-use Change

Item #5. Questions Page 180 Comprehensive Plan Amendment Request

Item #5. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan.mxd Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 181 Division.

Item #5. MI-21-01 Comprehensive Plan Amendment Request Locations File: I:\DAC\2021 Applications\ 2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C City of Dover, DE 2019 Comprehensive Plan - Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Amendment C 1365 N Dupont Hwy Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Amendment A Open Space, Conservation, Recreation 1205 McKee Road Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Amendment B Water Bodies 92 N West Street 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS Page 182 Division.

Item #5. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) Page 12 - 26 – 2019 Comprehensive Plan Adopted 1.13.2020 Page 183

Item #5. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) 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 Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) 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) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Public and Private Utilities Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) Any zone subject to conditions Right-of-Way Street, Road and Alley Rights-of-way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Source: Department of Planning and Inspections 2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27 Page 184

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment C Item #5. Department of Planning & Inspections Current Designation Proposed Designation St St at at e e Hw Hw y y 1 1 Site Site Commercial High Intensity Mixed Use N N Du Du p po on nt tH H w w y y « Plan Title: Lands of Dover Mall, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1365 North Dupont Highway Plan Type: Comprehensive Plan Amendment C Land Use Industrial Residential High Density Tax Parcel: ED-05-057.00-01-14.04 & ED-05-057.00-01-14.05 Active Agriculture Institutional Residential Low Density Current Land Use: Commercial High Intensity Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Dover Mall LLC, c/o Simon Property Group Commercial High Intensity Office Train Track Date: 12/31/2020 0 360 720 1,440 Feet Page 185 Commercial Low Intensity Open Space Water

Item #5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01C REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcels ED-02- 057.00-01-14.04-000 and ED-02-057.00-01-14.05-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 186

Item #5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None Page 187

Item #5. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT 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 188

Item #5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us T HE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 189

C F #5. MI-21-1C 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: 01/27/21 D S O H V A E L R APPLICATION: Property of Dover Mall at 1365 N DuPont Hwy FILE #: MI-21-01C REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief Building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please refer to S-18-07 in reference to 1365 N DuPont Hwy 2. Additional information will be needed in reference to the mixed use in order to provide detailed comments. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 190

Item #5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 191

KENT CONSERVATION DISTRICT Item #5. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. Page 192

Item #5. Srlrn on DBr,lwaRr Expcurrvn DppnnrmBNr Oprrcr on Srlrn PlaNNlNc CoonnrNlrroN February 15,2020 David S. Hugg III City of Dover Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: PLUS review 202I-01-04; City of Dover Comprehensive Plan Amendment Dear Mr. Hugg: Thank you for meeting with State agency planners on January 27 ,2021to discuss the proposed Comprehensive Plan Amendment for the City of Dover. This amendment represents an annual submission to the Office of State Planning Coordination which addresses amendments compiled throughout the previous calendar year. There are three specific amendments to the Land Development Plan map in Dover's comprehensive plan that are being considered as a part of this application: o Amendment A, Property at 1205 McKee Road. Tax Parcels # ED05-067.00-02-51.00- 000. This parcel is located at the northeast corner of McKee and College Roads. It is currently designated for future Offrce land use, and it is proposed to change to future Commercial Low Intensity land use. o Amendment B, Properties at92 N. West Street. Tax Parcels #ED05-076.08-01-16.00- 000 and ED05-076.08-01-44.00-000. This property is located between N. West Street and the railroad corridor between Fulton and Cecil Streets. The parcels are currently designated for Industrial future land use, and are proposed to change to Mixed Use future land use. a Amendment C, Properties at 1365 N. DuPont Highway. Tax Parcels # ED02-057.00-01- 14.04-000 and ED02-057.00-01-14.05-000. These parcels comprise the undeveloped lands behind the Dover Mall, between the mall and Rt. 1. The parcels are currently designated for Commercial High Intensity future land use, and are proposed to change to the Mixed Use future land use category. I22Martin Luther King Jr. Blvd. South - Haslet Armory . Third Floor . Dover, DE 19901 Phone (302)739-3090 . Fax (302) 739-5661. www. stateplanning.delaware.gov Page 193

Item #5. PLUS review 2021-01-04 Page 2 of 5 Please note that additional changes to the plan could result in additional comments from the State. Additionally, the comments below reflect only issues that are the responsibility of the agencies that were represented at the meeting. Office of State Plannine Coordination - Contact David Edeell 739-3090 a Amendment A, Property at 1205 McKee Road. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment Level I 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. Our offrce has no objections to this proposed future land use change. a Amendment B, Properties at92 N. West Street. This parcel is located in Investment Level I according to the Strategies for State Policies and Spendirag. Investment Level 1 reflects areas that are akeady 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. These parcels are also located within Dover's Downtown Development District, and we note that the Mixed Use future land use designation may allow more options for redevelopment of the site. Our office has no objections to this proposed future land use change. a Amendment C, Properties at 1365 N. DuPont Highway. This parcel is located in Investment Level 1 according to the Strategies for State Policies and Spending. Investment 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. Our office has no objections to this proposed future land use change. Denartm ent of Transnortatinn - Contact Bill Brockenhrorr ph760-2109 a Regarding Amendment A, the property at 1205 McKee Road, both McKee Road (Kent Road 156) and College Road (Kent Road 99) are State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DoIDOT's Development Coordination Manual, which is available at http:/ wvw.deldot.gov/Business/subdivisions/index.shtml?dc:chanses. Recognizing that a convenience store with gasoline pumps is contemplated, DeIDOT anticipates requiring a Traffic Impact Study (TIS). DeIDOT anticipates having detailed comments on the site plans when they become available. a Regarding Amendment B, the property at 92 N. West Street, rccognizing that North West Street is maintained by the City of Dover, DeIDOT finds that the subject development is outside its jurisdiction and has no comments. Page 194

Item #5. PLUS review 2021-01-04 Page 3 of5 a Regarding Amendment C, the properties (Lots I & 2) of Dover Mall at 1365 N. DuPont Highway (US Route 13), North DuPont Highway is State-maintained. Accordingly, if the proposed amendment is adopted and the proposed rezoning is granted, the subsequent development must be done in accordance with DeIDOT's Development Coordination Manual, which is available at .deldot. Given the size of the parcels and the general nature of the development contemplated, DeIDOT anticipates requiring a TIS. DeIDOT anticipates having detailed comments on the site plans when they become available. Denartment of N Resources and Environmental Control - Krumrine 735-3480 Amendment A, Propertv at 1205 McKee Rosd. Tax Psrcels # ED05-067.00-02-51.00-000 No concerns have been identified. Amendment B. at 92 N. West Street. Tax Paraels #EIr05-0 76. 08-0 1- 1 6. 00-000 and ED0s-076. 1-44.00-000 Current or Previous Contamination Based on DNREC records, remediation or contamination has occurred or is ongoing within these parcels. These parcels are part of the 19-parcel Dover Historical Bulk Oil Storage Area (DNREC DWHS Project # DE-1313). Since the 19 parcels are currently owned by different entities, the remediation activities are managed separately through each individual owner. o Due to potential exposure, residential uses can be limited on certain properties and in certain circumstances where remediation projects are present. Since the applicant is suggesting a change from Industrial use to Mixed Use (which can include residential use), the applicant must reach out to the DNREC Remediation Section to determine the current status of the site, whether there are limitations for residential or recreational uses, and any other requirements associated with the site. o Additional information may also be found online by searching Delaware's Environmental Navi gator at http //www. nav. dnrec. delaware. gov/den3 / : o Contact: Division of Waste andHazardous Substances Remediation Section at(302)395- 2600. Website: https://dnrec.alpha.delaware. gov/waste-hazardous/ Page 195

Item #5. PLUS review 2021-01-04 Page 4 of5 Amendment C- Pronerties at 1365 N. DuPont wsv. Tax Parcels # 00-01-14.04- 000 snd ED02-05 7.00-01-14.05-000 Wetlands The Statewide Wetlands Mapping Project indicates the presence of freshwater wetlands (specifically freshwater forested and freshwater emergent wetlands) on the vast majority of the northwestern portion of the Tax Parcel ED02-057.00-01-14.04-000. Fragmented areas of freshwater forested wetlands also exist on the northeastern edge of Tax Parcel ED02-057.00-01- 14.05-000. a If any future development proposes disturbance (dredge or fill) to jurisdictional wetlands under the U.S. Army Corps of Engineers, a delineation of waterways and wetlands will be required. In certain circumstances, additional certifications from DNREC Wetlands & Subaqueous Lands Section will be required as part of the U.S. Army Corps of Engineers permit process. o For a list of consultants and engineers who can conduct wetland delineations, please visit the DNREC Wetlands and Subaqueous Lands Section link: :llvrrvrrw a U.S. Army Corps of Engineers (Dover Office) contact: (267)240-5278 For Tax Parcel ED02-057.00-01-14.04-000, future development plans should prioritize the preservation and conservation of wetlands located on the northwestern portion of the parcel. o If the parcel is developed in the future, schedule a meeting through the DNREC Joint Permit Processing (JPP). The JPP is offered by the DNREC Wetland and Subaqueous Land Section to provide assistance with permitting requirements on the site. This meeting is held on the 3'd Thursday of every month. In order for your project to be seen through the JPP, you must submit the request through the following website: termination and Man Reouest Form.odf Current or Previous Contamination Based on DNREC records, remediation has occurred on these parcels (held under the DNREC DWHS Project #DE-0254, Chemdecon Trailer). The project is complete and there are no known hazards present. Additional information may also be found online by searching Delaware's Environmental Navigator at httn: .nav.dnrec.delaware.sovlden3l Page 196

Item #5. PLUS review 2021-01-04 Page 5 of5 Noise and Air Pollution These parcels are located adjacent to the Dover International Speedway, hosting two major NASCAR events each year and harness racing periodically throughout the year. If residential development is proposed, the developers and the City of Dover should take appropriate precaution to avoid potential human health impacts from noise and air pollution (including particulates) from the adjacent use. O Before making decisions on zoning changes to these two parcels, DNREC Reviewers recommend conducting independent studies on ambient noise levels and air pollution in this area, for consideration in potential residential uses. Delaware's Ambient Noise Regulations can be found at: 100/1149 If residential uses are pursued, strategies to mitigate noise and air pollution should be incorporated into the project plan. These could include, but are not limited to, construction practices that would increase "sound-proofing" buildings, berms, and landscape buffers. Delaware Transit Corporation (DTC) - Contact: Jared Kauffman 576-6062 o When the mixed-use development is underway, please work with DTC as instructed in the DCM on transit needs and operations in and around site C (behind Dover Mall). Once a decision has been reached on these proposed comprehensive plan amendments, please forward a copy of the plan amendment to the Office of State Planning Coordination for our records. The plan amendments must include the adopting resolution or ordinance, a revised version of any maps that were updated as well as any text that was approved in amending the comprehensive plan. If the amendments are not approved by the city, please notifu the office so we can update our records. Thank you for the opportunity to review this Comprehensive Plan amendment. If you have any questions, please contact me at 302-739-3090. Sincerely, \ lyrtPl*^.u,- C {',..,*r,. . Constance C. Holland, AICP Director, Ofhce of State Planning Coordination Cc: Dawn Melson-Williams, AICP Page 197

Item #5. MI-21-01C – Properties (Lots & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map Public Comments (to date 2/5/2021) - See EXHIBIT that was previously distributed (included in Planning Commission Packet). 1. Copy of Letter to Constance Holland at Office of State Planning Coordination from Denis McGlynn, Dover International Speedway dated January 8, 2021 (copy included again) EXHIBIT SET – Public Comments Received Public Comments Received (to 2:00pm on 2/16/2021): 2. Letter of Support from Dover Mall – A Simon Mall (Simon Properties) dated January 29, 2021 Page 198

Item #5. Page 199

Item #5. Page 200

Item #5. CITY OF DOVER PLANNING COMMISSION February 16, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Public Hearing and Review for Recommendation to City Council of a Comprehensive Plan Amendment Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00- 01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Ordinance #2021-03. Representatives: Mr. Gregory Moore, Becker Morgan Group; Mr. John Viglianti, representative of property owner. Mr. Adams recused himself from this application due to a conflict of interest. Planning Staff noted that a quorum of Planning Commission members remains (6 members present). Mrs. Melson-Williams stated that this Application deals with two properties that are located to the east of the Dover Mall. This is a request for a change in Land Use Classification from what is currently Commercial High Intensity to a proposed classification of Mixed Use. The two properties were created in 2014 with a Subdivision application. The Mall, since its development in the 1980’s has seen a series of additions to the complex with add-ons of various anchors over time. The DAC Report again provides information from the 2019 Comprehensive Plan for the goals and policies related to Commercial Land Uses as well as Mixed Use. The Planning Staff is in support of this change of Land Use Classification and find it to be generally consistent with the Comprehensive Plan. The Comprehensive Plan notes that malls are something that the dynamics of are changing and she thinks that the land use change to Mixed Use recognizes that. It is certainly an opportunity for master planning those tracts of land and to further consider what potential zoning or otherwise might be appropriate in that area. In this case, this is only a Comprehensive Plan Amendment. There is no associated Rezoning request at the present time. We do note that given the location of these properties, a careful assessment of their access will be required for any future development planning for them, but Staff remains in support of a Mixed Use classification that opens up a variety of zoning classifications for future rezoning of Excerpt of Planning Commission Meeting of February 16, 2021 Page 1 of 5 Page 201

Item #5. the property. There are no objections from the various groups in our DAC and the PLUS Review of this amendment notes that it is in the Level 1 Investment Area. DelDOT noted particularly that traffic planning and a Traffic Impact Study may likely be required at the time of development of the property. DNREC did note that there are some wetland areas on the property and there has been some previous contamination in the area that has been remediated and they also note the potential noise or air pollution impact given its location in proximity to the Speedway located to the south that should be considered as part of any future development activity for the project site. The Transit Corporation noted that the transit needs are something that need to be considered with any mixed-use opportunity. Mr. Moore stated that Lots 1 & 2 were subdivided from the Mall and they are owned by a separate entity from the Mall. The Mall is owned by Simon Properties and these two parcels were actually attempted to be revitalized into a power center for around the Mall with a very, very large-scale plan. Many dollars were invested in that and a combination of the new world of retail with online retailing and then hit by COVID just exacerbated that issue and has caused significant issues for malls around the Country and the Dover Mall is not different. That is the main reason that they are seeking this Mixed Use category and again that would be for Lots 1 & 2. There is a lot of commercial around us from both Dover International Speedway and the Dover Mall, but we also have quite a bit of residential and that residential land is the adjacent lands next to us and then the Kent County lands across Route 1. Clearly, Mixed Use makes a lot of sense here and our belief is that master planning Lots 1 & 2 with a mixture of residential and commercial would allow not only those lands to become vibrant development land but also will help the Mall by providing direct users to the facilities in the Mall and that is something that is direly needed. He does not need to point out the vacancies that we see there. They are willing to provide a buffer to the Dover International Speedway on the speedway side. They understand and they have met with Mr. McGlynn at the Speedway and have informed him of what we are doing. They are good neighbors and they don’t believe that they will have any issues with any residential on this parcel as they have in many areas around their Speedway. But we can’t underestimate the importance and the size and scale of our Mall; and we believe that mixed use will in fact, help re-energize that as a use. We appreciate the comments made by PLUS and Staff. They also want to point out that this Mixed Use designation is something that we are seeing around the Country around malls. We are seeing malls having to diversify and having residential uses as well as other uses to help them sustain themselves and clearly the Dover Mall owned by Simon Properties is no different. There is a Letter for the record, written by Simon Properties, that strongly supports the location and references some of the comments that he has made in terms of the effects on the Mall and how this would be a positive impact to the Dover Mall. Mrs. Lord questioned if they were thinking of residential as part of the change in the Land Use? She supports that because coming from Virginia, she has seen mall spaces turn into mini cities and residential is part of that as apartments or condos. She was just confirming that this is part of what you are thinking. Responding to Mrs. Lord, Mr. Moore stated yes, they are thinking that residential in a master planned community would be part of this. There would also likely be some commercial there as well that would support that and support the Mall. We would certainly not want to over-develop commercial because there is commercial in the Mall that needs to be utilized so they would work in unison with the Mall owners and the owner of this parcel has a close connection to them. So, it would be a largely residential development mixed. Excerpt of Planning Commission Meeting of February 16, 2021 Page 2 of 5 Page 202

Item #5. Mrs. Melson-Williams stated that the Mixed Use Land Use Category has a variety of zoning districts that could be applied to it. This is not setting forth the zoning of the property at the present time. You can see that in the Mixed Use there are a number of strictly residential zoning classifications as well as commercial zoning classifications that could be applied for these lots. They are not asking to specifically earmark pieces of it for the residential at the present time. It is just setting up what would be a future opportunity to rezone and then be planning for its redevelopment through other processes. They think that the Mixed Use gives you that range of opportunity that’s there. It is mentioned in the Report, the variety of zoning that could be possible. Mrs. Lord stated that she understands. She just wanted to make sure that it was part of it because she has seen that be a success in other places that she has lived in revitalized areas. Mr. Moore stated that what you have seen is exactly what we are looking to do and if we are lucky enough to get approval here tonight, we would be master planning this land use in the back and then after they had those plans developed, they would come back and seek the Rezoning associated with our plans. Mrs. Hartman stated that in the Applicant’s letter, it clearly states that there is going to be a residential component should Mixed Use be granted. He urges the Commissioners to not forget the impact that this could have on Dover Downs and the Raceway. We have seen Raceway impacts locally with Pizzadili. Do we want to set ourselves for another problem with Dover Downs by allowing Mixed Use and recently residential areas on this property? He agrees, the residential would be fine for a lot of malls but a lot of malls aren’t situated next to a raceway. Mrs. Lord asked if Mr. Hartman could elaborate because she is not aware of these unintended circumstances that he speaks of. Responding to Mrs. Lord, Mr. Hartman stated that it is kind of reverse. You have a vineyard down on Peach Basket Road in Felton, DE that has been there for a long time and the adjacent land owner was granted permission to install a dirt race track by the County. He started construction and the adjacent vineyard started having problems. He thinks that the County had to back down and he does not think that there is a raceway there at this point. Here with Dover Downs, you have a situation that brings millions of dollars into the City. We have already lost one race and we have to consider Dover Downs in any Mixed Use that it goes close to. Mrs. Lord stated that she agrees, and she understands but Dover Downs is there and whatever entity comes into the subject property has to understand that Dover Downs is first rather than there being a vineyard and then something coming in. You could have mixed use hotels for people wanting to come into Dover Downs. Also reminding that we have Firefly that is not far from there. She doesn’t know what would be there but leaving it just sort of sitting there doesn’t seem like a good use. It would behoove the City to not be overly cautious because we need to think beyond the scope of what we already know and have ideas and try to execute on that. Responding to Mrs. Lord, Mr. Hartman stated that supposedly that is what the Comprehensive Plan was supposed to do. You only do the Comprehensive Plan update every ten years. The Comprehensive Plan can have this listed as a Mixed Use and he thinks that the Planners are Excerpt of Planning Commission Meeting of February 16, 2021 Page 3 of 5 Page 203

Item #5. right. Mrs. Lord stated that she guesses that they are in agreement that this use is the best use for this property. Responding to Mrs. Lord, Mr. Hartman stated no, he disagrees. Mrs. Maucher questioned how much of the property is wetlands and how much of the property is actually developable? Responding to Mrs. Maucher, Mr. Moore stated that there is about 83 acres of total property there and they have done a detailed wetlands delineation of the entire parcel, so we know where the wetlands are and plan to avoid the development of them. He does not know the exact number; that would be something that they would doing in a Master Plan and a Site Plan stage but there is plenty of land that allows them the Mixed Use. They have detailed wetlands evaluations and we have them surveyed. Mrs. Malone stated that ten years ago, nobody knew that something like COVID would happen and Planners had no idea about that. Our Mall is dying, and she is actually embarrassed about it. We have people going out of town shopping other places now that used to always come to Dover, and we were the big city. There have been other subdivisions that have been built close to Dover Downs. The 55+ community was built not far from there and they have had no problems at all. She does agree that whoever develops this property, Dover Downs has to have a buffer because they are there priority to anybody who buys there. Times have changed and this is not anything that anyone would have ever seen coming ten years ago. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wants to reference the Public Comment Packet that we provided to the Commissioners. One Letter was already in your packet that was distributed earlier and that was a Letter to Connie Holland that is with the Office of State Planning Coordination. That Letter was from Denis McGlynn of Dover International Speedway noting their concerns with potential uses on this adjacent property to them. The other Exhibit Item of Public Comment was the Letter of support from the Dover Mall which is the adjacent property to this, and that letter is also included by reference. Mr. Denis McGlynn – Dover International Speedway 1131 N DuPont Highway Dover, DE 19901 Mr. McGlynn stated that he is the President/CEO of Dover Motorsports Inc and the owner of Dover International Speedway which adjoins the subject parcel. They view the Mall as a great neighbor. He knows Mr. Herb Miller who is the applicant for this particular application, and he considers him a friend and he regrets that they have to be on opposite sides of this. Route 13 is clearly a commercial corridor for very logical reasons. Residential development has been designated to separate areas in order to minimize the conflicts there when the two users are in close proximity of each other. It may be the case in other areas that Mixed Use has worked well but perhaps maybe those were more urban environments. He would have to say that the location that we share with the Dover Mall is far from urban. Furthermore, as explained in his letter of objection since it’s mostly motorsports and has you know, we have the annual Firefly Music Festival. It took 25 years and literally millions of dollars to buy out 25 property owners surrounding our properties who were constantly complaining about the noise, the traffic and Excerpt of Planning Commission Meeting of February 16, 2021 Page 4 of 5 Page 204

Item #5. other inconveniences that were associated with our operation. Since all of them have been taken care of we have been enjoying a peaceful and positive coexistence here in the community. They feel that permitting a residential component into this property right next to the Speedway is just planting more opponents for them to deal with and ultimately the City will have to deal with them too when they get complaints about the noise. They are definitely opposed to this. They are not opposed to any other form of commercial development there, in fact, if you look at what is going on with a lot of Malls around the Country, a lot of them are being converted into warehouse distributions centers. As Mr. Hartman pointed out, this may also have worked at other malls around the Country but not next to a Speedway that actually creates noise. We have a big bite out of this apple a long time ago. They have been there for 50 years and we are not looking to go back to into that environment again so they are hoping that this application will be denied. Mrs. Maucher closed the public hearing. Mr. Hartman moved to recommend denial (to not recommend approval) to City Council for application MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map as he believes that it should be left as Commercial High Intensity and not designated to Mixed Use. He believes that the Comprehensive Plan is right on this parcel’s current Land Use designation, seconded by Mrs. Welsh and the motion was carried 4-2 with Mr. Roach and Mr. Baldwin absent and Mr. Adams recused. Mr. Hartman voting yes; based on the fact that it would be placing Mixed Use in the middle of a commercial zone. Mrs. Lord voting no; mixed uses in the middle of commercial zones are popping up all over the Country and they are successful and anyone who buys into an apartment or condo next to a mall and a raceway, knows that they are buying next to a mall and a raceway. It is the way of the future. Mrs. Welsh voting yes; for reasons stated in the motion. Dr. Jones voting yes; for the reasons previously stated. Mrs. Malone voting no; she supports the land use change to Mixed Use because of reasons that the previously stated. Mrs. Maucher voting yes; looking at the Map, she recognizes that there is some residential on the other side but that mall acts as a buffer and she thinks that the problems that the Raceway has experienced in trying to resolve those, you are just inviting more problems. She also recognizes that when people buy, they will see what they are buying next to but that is not going to eliminate the issue. Excerpt of Planning Commission Meeting of February 16, 2021 Page 5 of 5 Page 205

Item #5. FINAL READING CITY OF DOVER ORDINANCE #2021-03 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 PROPERTIES LOCATED AT 1365 N. DUPONT HIGHWAY AS LOT 1 AND 4 LOT 2. 5 6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 7 the City of Dover, Delaware; and 8 9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 11 pursuant to Title 22, Section 702 of the Delaware Code; and 12 13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 15 16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 17 18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12- 19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 20 21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and 23 24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the 25 Planning Commission made a recommendation in regard to this amendment to the Land Development 26 Plan related to the specific properties. 27 28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described 30 below. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 34 35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 36 Map of the City of Dover has been amended by changing the designated Land Use Classification from 37 Commercial High Intensity to Mixed Use for two parcels (Lot 1 and Lot 2) located to the east of the 38 Dover Mall shopping center development at 1365 N. DuPont Highway. 39 (Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property 40 Address: 1365 North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and 41 ED-02-057.00-01-14.05-000; Planning Reference: MI-21-01) 42 43 BE IT FURTHER ORDAINED: 44 45 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 46 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019 47 Comprehensive Plan. Page 206

Item #5. Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01C: Lot 1 and Lot 2 of Dover Mall at 1365 N. DuPont Highway) Page 2 48 49 ADOPTED: * 50 I:\DAC\2021 Applications\2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C\Amendment C - 1365 N 51 DuPont Hwy Dover Mall Residual Lands\Final Reading Ordinance 2021-03 Comp Plan Amendment Lots 1 and 2 of Dover 52 Mall MI-21-01C.docx 53 54 55 SYNOPSIS 56 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 57 Classification of two properties. The properties are Lot 1 and Lot 2 of 1365 North DuPont Highway, 58 Dover DE. The amendments (MI-21-01C) are to be reflected as a revision to Map 12-1: Land 59 Development Plan Map of the 2019 Comprehensive Plan. 60 61 62 63 Actions History: 64 March 8, 2021 – Public Hearing & Final Action scheduled for City Council 65 February 16, 2021 – Public Hearing & Action on Recommendation by Planning Commission 66 January 25, 2021 – First Reading – City Council and setting of Public Hearing dates 67 Page 207

Item #6. PETITION TO AMEND ZONING DISTRICT Public Hearing before the Dover City Council March 8, 2021 Recommendation from Planning Commission Meeting of February 16, 2021 with Staff and Development Advisory Committee Review Owner: College Towers, LLC Equitable Owner: Two Farms, LLC Address: 1205 McKee Road Location: Northeast corner of McKee Road and College Road Tax Parcel: ED-05-067.00-02-51.00-000 Size: 3.46. +/- acres Present Use: Vacant land Proposed Use: Retail Uses 2019 Comprehensive Plan Designation – Land Use Classification: Office Proposed Comprehensive Plan Designation – Land Use Classification: Commercial Low Intensity • This is subject to action on Comprehensive Plan Amendment 2021 Request MI-20-01A with Ordinance #2021-01. Present Zoning: CPO (Commercial and Professional Office Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: For future development of a convenience store with gas pumps and a separate retail building. File Number: Z-21-01 Page 208

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 2 Ordinance Number: #2021-04 Planning Commission Recommendation: The Application (Z-21-01) for Rezoning of 1205 McKee Road was represented by a representative of the property ownership entity and the applicant’s engineering firm. A Public Hearing was conducted on February 16, 2021 where two members of the public spoke regarding the Comprehensive Plan Amendment associated with the Rezoning application and three written comments (in opposition) were received. The written correspondence included a Protest Petition of Opposition to the Comprehensive Plan Amendment/Rezoning Application; see separate attachment. The Planning Commission moved by vote of 7-0 to recommend in favor of the proposed Rezoning from CPO with COZ-1 to C-2A with COZ-1. (Draft Meeting Minutes attached.) APPLICATION: Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO with COZ-1 to C-2A with COZ-1 I. APPLICATION SUMMARY This Rezoning Application is for Lands of College Towers, LLC which consist of 3.46 acres on the northeast corner of McKee Road and College Road. The property is currently zoned CPO (Commercial and Professional Zone) and is subject to the requirements of the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) while maintaining the COZ-1 (Corridor Overlay Zone). This Rezoning Request is associated with request MI-21-01A for Comprehensive Plan Amendment as a Land Use Classification revision to Map 12-1. Existing Property: The subject parcel has an area of 3.46 acres is currently a vacant lot. The parcel is located on the northeast corner of the intersection of McKee Road and College Road and is the only parcel immediately at that intersection not yet developed. The applicant is seeking rezoning to C-2A (Limited Central Commercial Zone) and remaining subject to the COZ-1 (Corridor Overlay Zone) to allow for future development of the property for retail uses (potential convenience store with gas pumps and a separate retail building). The development of the site will be subject to a separate application submission and review. Surrounding Land Uses: The parcels immediately surrounding the subject parcel contain a variety of primarily Institutional and Commercial uses. The property immediately adjacent to the north is not within City of Dover City Limits, is zoned RS1 (Single Family Residential Zone) and appears to be utilized as a one-family detached dwelling unit (single family home). Immediately adjacent to the subject parcel to the east is the North Dover Elementary School on a parcel zoned IO (Institutional and Office Zone). Page 209

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 3 Across College Road to the south is land also zoned IO (Institutional and Office Zone) and RG-5 (General Residence Zone for Mid-Rise Apartments Zone) as the campus of Westminster Village at Dover, a Senior Care Facility including cottage and apartment units and assisted living & rehabilitation facilities. Across McKee Road to the west and north of College Road are two parcels. The one parcel immediately adjacent to the intersection of College and McKee Roads is zoned C-2A (Limited Central Commercial Zone) and contains a multi-tenant building with retail uses, offices, and a Liquor Store. The northern parcel immediately across McKee Road to the west is zoned CPO (Commercial and Professional Office Zone); however, the most recent use of the building on this site appears to be a one-family detached dwelling unit (single-family home). Diagonally across the McKee Road/College Road intersection is a property zoned CPO (Commercial Professional Office) containing two multi-tenant office buildings. All properties discussed fronting on the McKee Road corridor are subject to the COZ-1 (Corridor Overlay Zone). Previous Applications Following Annexation (AX-05-06) of the subject site into the City in February 2006, there have been several applications for site development of this parcel including Site Plans S-06-48 and S- 07-53 Ashburn Office Complex. However, after achieving Planning Commission and Final Plan approvals in 2007-2009 the proposed multi-building office complex did not commence construction and the plans expired. In 2014, the property was the subject Rezoning Application #Z-14-01 Lands of College Road Offices LLC and an associated Comprehensive Plan Amendment (Application MI-14-01B) to the Land Development Plan Map of the 2008 Comprehensive Plan. Rezoning Application Z-14-01 similarly sought to change the zoning from CPO with COZ-1 to C-2A with COZ-1 in order to allow for commercial development of the property. However, after the Planning Commission’s action in February 2014 to recommend denial of the Comprehensive Plan Amendment (MI-14-01B), the applicant made the request to withdraw the Rezoning Application Z-14-01. Thus, the previous rezoning request Z-14-01, though having begun the review process, was withdrawn prior to a hearing by Planning Commission and City Council. II. COMPREHENSIVE PLAN COMPLIANCE REVIEW The 2019 Comprehensive Plan depicts the subject area of 3.46 acres as Office as the Land Use Classification on Map 12-1: Land Development Plan Map. Under Comprehensive Plan Amendments 2021 Application MI-21-01A, there is a request to change the Land Use Classification to Commercial Low Intensity for the entire parcel. If the Comprehensive Plan Amendment MI-21-01B 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. For the Land Use Classification of Commercial Low Intensity, the 2019 Comprehensive Plan allows the zoning districts of C-1, C-1A, C-2, C-2A, RGO, CPO, and IO. III. ZONING REVIEW Request for C-2A (Limited Central Commercial) Zoning The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. Page 210

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 4 Article 3 Section 14. – Limited Central Commercial Zone (C-2A). 14.1 Uses permitted. 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 government 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. 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. Corridor Overlay Zone The provisions of the COZ-1 (Corridor Overlay Zone) in Zoning Ordinance, Article 3 §27 are established to “promote superior urban corridor development and the highest quality-built environment.” There are a series architectural, parking, and landscaping guidelines that would be required by the COZ-1 zoning district, if development of the property is proposed. See following excerpt from the Zoning Ordinance regarding the COZ-1. Article 3 Section 27. – Corridor Overlay Zone (COZ-1). 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons: (a) To promote superior urban corridor development and the highest quality built environment; Page 211

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 5 (b) To foster coordination and linkage among corridor properties and with adjacent lands; (c) To preserve the functionality and efficiency of the roadway for traffic movement; and (d) To achieve a visually balanced streetscape environment which is friendly to the pedestrian and motorist alike. 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design" shall meet the following criteria: (a) Superior urban design places a strict and primary importance on the pedestrian. The concept should lend itself to interconnectivity while presenting building structures as aspects of the street, not simply islands existing in the "sea of roads". The design should encourage fewer car-trips, as well as promote automobile trips on an interconnected local street system rather than trips that utilize the arterials. In demonstrating superior urban design, an applicant must show that the plan presented exceeds the requirements of the zoning ordinance in at least two of the following areas: (i) Transportation amenities for bicycles, pedestrians and transit that exceed those required by the zoning ordinance; (ii) Architectural features including, but not limited to: LEED-certified buildings; unique architecture not replicated in other locations; use of architectural elements such as entry porticos, porte-cocheres, colonnades, cornices, porch columns and balusters, band courses, coins, water tables and other trim that enhances visual quality and function of the structure; and use of the highest-quality construction materials. (iii) Landscaping that exceeds the requirements of this section, including robust use of trees, shrubbery, and flowering plants to screen parked cars; water gardens and ponds; arboretums; tree preservation measures; (iv) Public spaces and art including, but not limited to, sculpture, memorials, murals, public court yards and pocket parks, and fountains; (v) Green technologies for stormwater management, as well as green energy technologies such as geothermal heating and cooling and solar energy supplies. (b) The city planner shall develop policy guidance on how the concept of superior urban design will be evaluated. 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance: (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly direction to the city limit line. (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road (County Road 100) in a southerly direction to the terminal intersection with West North Street (County Road 73). Page 212

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 6 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to the specific zoning district designations of each property as depicted on the zoning map. 27.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 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 in use. When the zoning district regulations specify that a particular use requires conditional use approval in accordance with article 10, section 1, the provisions of that article shall apply. Site development plans and conditional use site plans for properties within the COZ shall reflect compliance with the development guidelines of this article, in addition to all other applicable codes and regulations. Zoning Ordinance, Article 3 Section 27 further offers Development Guidelines based on both the placement of the property within the COZ-1 (Corridor Overlay Zone) and the base zoning of the property itself. IV. RECOMMENDATION OF PLANNNG STAFF This request is to rezone lands from C-PO (Commercial/Professional Office Zone), to C-2A (Limited Central Commercial Zone). The properties would remain subject to the COZ-1 (Corridor Overlay Zone). Staff supports the rezoning request from CPO (with COZ-1) to C-2A (with COZ-1), provided that the companion Comprehensive Plan Amendment is first approved then making the rezoning request compliant with the Comprehensive Plan. This rezoning to C- 2A would be in compliance with the Commercial Low Intensity Land Use Classification designation which is largely in character with the immediate vicinity. Staff also recommends that the property remain subject to the COZ-1 (Corridor Overlay Zone) due to its frontage on McKee Road. The purposes of the COZ-1 are to promote superior urban corridor development; to foster coordination and linkage among corridor properties; to preserve functionality and efficiency of the roadway for traffic movement; and to achieve a visually balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance, Article 3 §27). 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 classification, and would similarly have to follow all development design guidelines of the Zoning Ordinance. This recommendation is being made without that 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. ADVISORY COMMENTS TO THE APPLICANT 1) This Rezoning Application Z-21-01 is associated with MI-21-01A Comprehensive Plan Amendment 2019 which must be approved for this Rezoning Request to C-2A (while maintaining the COZ-1 Corridor Overlay Zone) to be considered compliant with the 2019 Comprehensive Plan. Page 213

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 7 2) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. Following any decision made by City Council regarding 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 applicant shall be aware that approval of any rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. RECOMMENDATION OF THE PLANNING COMMISSION: At the Virtual Planning Commission Meeting of February 16, 2021, the Application (Z-21-01) was represented by Constantine Malmberg of The Malmberg Firm as a representative of the property owner College Towers LLC and by Jonathan Street of the application’s engineering firm the Becker Morgan Group. During the Public Hearing, two (2) members of the public spoke regarding the Comprehensive Plan Amendment associated with the Rezoning application and three written comments (including a Protest Petition) were received regarding the Rezoning Comprehensive Plan Amendment Request (and associated Comprehensive Plan Amendment Request). The Planning Commission recommended in favor of the proposed Rezoning (Z-21-01) of Lands of College Towers at 1205 McKee Road from CPO with COZ-1 to C-2A with COZ-1 as proposed with a vote of 7-0 with two members absent finding it consistent with the goals of the Comprehensive Plan (and Comprehensive Plan Amendment) and consistent with what is in the area. See also the included excerpt of the DRAFT Meeting Minutes of the February 16, 2021 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. Petition of Opposition to Comprehensive Plan Amendment MI-21-01A and Rezoning Application Z-21-01 A Petition of Opposition was received prior the Planning Commission Public Hearing on February 16, 2021 regarding Comprehensive Plan Amendment Request MI-21-01A Property at 1205 McKee Road: Consideration of Amendment to Map 12-1: Land Development Plan Map change from Office to Commercial Low Intensity and Rezoning Application Z-20-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A and subject to COZ-1. The Petition from area property owners with eleven (11) signatures from owners of properties in the area objecting to the proposed rezoning of 1205 McKee Road, Dover. Planning Staff evaluated the Petition along with available property records to determine the adjacency of the Page 214

Item #6. Z-21-01 Lands of College Towers LLC at 1205 McKee Road: Rezoning CPO to C-2A with COZ-1 Planning Commission Recommendation Report of February 16, 2021 Page 8 signatories’ lots/properties to 1205 McKee Road as it relates to the requirements of 22 Del. Code §305. See attached Memorandum and analysis documents. The Petition is valid as per 22 Del. Code §305. Any action to approve the Rezoning of 1205 McKee Road (Ordinance #2021-04) requires a three-fourths majority of City Council. ATTACHMENTS: • Application Z-21-01 Submission: o Memorandum in Support of Comprehensive Plan Amendment and Rezoning (Narrative from Applicant) o College Towers area Land Use Map Exhibit o College Towers area Zoning Map Exhibit • Development Advisory Committee Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • Written Correspondence received for Planning Commission Meeting consisting of EXHIBIT SET – Public Comments Received (to 2:00pm on 2/16/2021): o Letter of Protest (Objection) from Jaimini Patel of Riddhide Siddhi LLC (Owner of 1005 College Road and 1216 McKee Road) dated February 11, 2021 o Petition and List of Signees to Protest (Objection) to Rezoning Application for 1205 McKee Road – signed by 11 individuals of various addresses between 2/3/2021 to 2/10/2021 o Letter of Concern (regarding future proposed use) from Ted Werner, CEO of PAM Rehabilitation Hospital of Dover located at 1240 McKee Road dated February 16, 2021 with attachment (Listing of incidents at convenience stores) • Additional Public Comments Received: o Email (of Objection and Concern) from Malynda Hivner, Vice President of Development for Presbyterian Senior Living (Westminster Village) received February 25, 2021 • Excerpt from DRAFT Planning Commission Meeting Minutes of February 16, 2021 • Memorandum on Petition of Opposition from Planning Office dated March 3, 2021 with Attachments: o Petition of Opposition Objecting to Rezoning (received February 12, 2021) o Petition Exhibit Map 1 (Close-up of site) o Petition Exhibit Map 2 (Petitioners identified) o Petition Summary Analysis Spreadsheet • Proposed Ordinance #2021-04 Page 215

City of Dover Application No.: Z-21-01 Item #6. Department of Planning & Inspections IO C CPO ol le ge Pa r IO k Sc D r h roug arbo Rd CPO ROS IO CPO Site RG-5 d R ge ol le C CPO R-8 M cK Wes ee tm Rd D C ir C-2A st er z in pa To r IO CPO RG-2 IO IPM R-10 Tile: Lands of College Towers LLC Ordinance #: 2021-04 Addresses: 1205 McKee Road Parcel ID: ED-05-067.00-02-51.00-000 Legend Existing Zoning: CPO Commercial & Professional Office Zone COZ-1 Corridor Overlay Zone 2012 Buildings Proposed Zoning: C-2A Limited Central Commercial Zoning COZ-1 Corridor Overlay Zone Owner: College Towers LLC Dover Parcels « Equitable Owner: Two Farms LLC Subject Property Date: 01/14/2021 0 150 300 600 Feet Page 216

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F:\AutoCAD\Projects\2020\2020147\DWG\2020147-CONCEPT-C3D18.dwg, Dec 15, 2020 - 10:16am 1" = 200' 2020-12-15 12/15/2020 2020147.00 Item #6. ZONE DRAWN BY: J.N.S. BMG: SCALE: DATE: . ARCH I T E C TURE 309 S. Governors Ave. N Dover, DE Dover, DE 19904 Ph. 302.734.7950 ENG I N E E R I NG IO IO OFFICE Fax 302.734.7965 LAYER STATE: COMP-ZONE SUBJECT PROPERTY RG-2 CPO 200 SCALE: 1" = 200' C2-A C2-A Do Not Explode - Select Scale 100 COLLEGE ROAD 0 McKEE RO CPO COMPREHENSIVE PLAN AMENDMENT / REZONING AD (DE-15 IO IO RG-5 SITE DATA ) 1. OWNER OF RECORD: COLLEGE TOWERS, LLC 30 THE GREEN DOVER, DE 19901 - 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 S. GOVERNORS AVE. DOVER, DE 19904 COLLEGE TOWERS (302) 734-7950 KENT COUNTY / DELAWARE 3. PROPERTY MAP NUMBER: 2-05-06700-02-5100-00001 4. ZONING CLASSIFICATION: EXISTING: CPO / (CITY OF DOVER) PROPOSED: C-2A / (CITY OF DOVER) 5. DEED SUMMARY: - 6. PLAT REFERENCE: - - 7. PRESENT USE: VACANT COMMERCIAL PROPERTY 8. PROPOSED USE: RETAIL CITY OF DOVER 9. TOTAL SITE AREA: 3.46 ACRES ± 13. SOURCE OF WATER: CITY OF DOVER 14. SOURCE OF SEWER: CITY OF DOVER 15. SOURCE OF GAS: CHESAPEAKE UTILITIES 16. SOURCE OF ELECTRIC: CITY OF DOVER Page 220

Item #6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the rezoning of tax parcel ED-05-067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS 1. None. SANITATION 1. City of Dover commercial sanitation customers are limited to a maximum of two (2), ninety (90) gallon trash containers. In order to best serve the proposed use, it is recommended that a private hauler be utilized. GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 221

Item #6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel: ED-05-067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 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 / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT 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 222

Item #6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@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 1. Our office has no objection to the rezoning of: ED-05-067.00-02-51.00-000 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 223

C F #6. Z-21-01 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: 01/27/21 D S O H V A E L R APPLICATION: Lands of College Towers LLC at 1205 McKee Rd FILE #: Z-21-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is a rezoning application. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 224

Item #6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: College Towers (1205 McKee Road) FILE#: Z-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No objection to the Rezoning 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 225

KENT CONSERVATION DISTRICT Item #6. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed re-zoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. Page 226

Item #6. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map and Z-21-01 Lands of College Towers LLC at 1205 McKee Road EXHIBIT SET – Public Comments Received Public Comments Received (to 2:00pm on 2/16/2021): 1. Letter of Protest (Objection) from Jaimini Patel of Riddhide Siddhi LLC (Owner of 1005 College Road and 1216 McKee Road) dated February 11, 2021 2. Petition and List of Signees to Protest (Objection) to Rezoning Application for 1205 McKee Road – signed by 11 individuals of various addresses between 2/3/2021 to 2/10/2021 3. Letter of Concern (regarding future proposed use) from Ted Werner, CEO of PAM Rehabilitation Hospital of Dover located at 1240 McKee Road dated February 16, 2021 with attachment (Listing of incidents at convenience stores) Page 227

Item #6. February 11, 2021 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 Subject - Objection of rezoning for Applications: MI-21-01-A, Ordinance #2021-01 and Z-21-01, Ordinance #2021-04 Dear Dover City Councilmembers, The purpose of this letter is to register my protest against the proposed commercial rezoning for property at 1205 McKee Road, Dover, DE. (Applications: MI-21-01-A, Ordinance #2021-01 and Z-21- 01, Ordinance #2021-04) I am property owner of Riddhi de Siddhi LLC located at 1005 College Road & 1216 McKee Road at the same intersection as the lots are proposed rezoning. The Proposed Rezoning would permit the largest building parcel in the West Dover neighborhood to be built. This is not small-scale development meant to infill unused or underutilized parcels, this is large scale commercial development that is inappropriate for this neighborhood. Any commercial rezoning with 24hrs operation will bring more crime and nuisance to the quiet West Dover neighborhood. Please take past 7-11’s example at Hamlet Shopping center. 7-11’s 24hrs operating only brought crime to Walker road neighborhood and Hamlet shopping center. Please do not let this corner be another example. Neighbors most impacted by the project are against the project – almost every neighbor who lives within 200 feet of the property is against rezoning. Insufficient road infrastructure – Nearby intersections simply cannot handle the dramatic increase in traffic that will occur if the commercial rezoning is permitted. Additionally, intersection is a high-risk intersection for pedestrians with heavy traffic flow, and unclear views for pedestrian crossing. This intersection is a walking route for neighborhood students to the Delaware State University campus and as well as to the assisted living at Westminster Village. The significant increase in traffic flow at this intersection that will result from this rezoning is a notable risk to students and other pedestrians. If this rezoning is approved and the planned development completed, the residential neighborhoods of West Dover of the property will witness a dramatic increase in traffic in an already heavily congested area, which will lead to more accidents, injuries, and fatalities. We are not anti-growth, and we would not mind any offices or medical buildings under current zoning. We respectfully submit our strong objection and disapproval of rezoning of subject application. Kindest Regards, Jaimini Patel Page 228

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Item #6. Hello, We received the notice for the public hearing for 1205 McKee Road, Dover, DE. I am writing on behalf of the owner and residents of Westminster Village at Dover located at 191 Westminster Drive, Dover, DE. We are located on the Southeast Corner of McKee and College Roads. Westminster Village at Dover is a senior community with residents ages 55+. We have received numerous concerns from our residents about the rezoning of the above mentioned property to allow a Royal Farms. We are opposed to this project due to the proximity of a high volume 24-hour operation immediately adjacent to a senior living residential community. However, if you decide to proceed with this project, we request that a traffic study be performed when the school is in session. The impact of the buses from the neighboring school creates challenges for traffic and emergency vehicle transit through this busy intersection. Furthermore, there has been increasing traffic thru our residential community in order to avoid the light at McKee and College Road. For the safety of our residents and the nearby school, we would request that the turning lane on College Road be extended or a center lane be added beyond Westminster Dr to provide improved access into Westminster Village at Dover and help improve traffic flow due to the additional traffic expected with this business. We appreciate your consideration in this matter. I would appreciate it if you would confirm receipt of this email. Thank you, Malynda Malynda Hivner Vice President of Development Direct Telephone: (717) 502-8923 Cell Phone: (717) 979-4988 www.psl.org I am currently working remotely. You may contact me via email or cell phone and I will respond promptly. This email, including any attachments is the property of Presbyterian Senior Living and is intended for the sole use of the intended recipient(s). The information contained herein may include privileged or otherwise confidential information. Unauthorized review, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you received this message in error, or have reason to believe you are not authorized to receive it, please promptly delete this message and notify the sender immediately. Page 233

Item #6. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: March 3, 2021 TO: City Council FROM: Planning Office SUBJECT: Petition of Protest (Opposition) Comprehensive Plan Amendment MI-21-01A Lands of College Towers LLC and Rezoning Application Z-21-01 College Towers LLC at 1205 McKee Road A Petition of Protest (Opposition) was received regarding Comprehensive Plan Amendment Application MI-21-01A Lands of College Towers LLC: Change of Land Use Category from Office to Low Intensity Commercial; and associated Rezoning Application Z-21-01 Lands of College Towers LLC: Rezoning CPO and subject to the COZ-1 to C-2A while remaining subject to the COZ-1. This Petition, included for the City Council’s consideration, was received prior to the Planning Commission meeting on February 16, 2021. The Petition received on February 12, 2021 is from area property and business owners of Dover and contained eleven (11) signatures from residents and owners of properties in the area objecting to the proposed Comprehensive Plan Amendment for a Land Use Category change and the associated Rezoning of 1205 McKee Road, Dover. Title 22 §305 of Delaware Code outlines the criteria for determining the viability of a petition opposing a rezoning request and how a legislative body of a municipality is to proceed in processing the petition. Delaware Code requires that when 20% of eligible lots participate in a petition, the legislative body for the municipality must achieve a three-fourths favorable decision to proceed with the rezoning of the property. See Del. Code excerpt below. Delaware Code: TITLE 22 Municipalities, CHAPTER 3. Municipal Zoning Regulations, Subchapter I. General Provisions § 305 Changes in regulations; procedure. The regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changes signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent thereto extending 100 feet therefrom or of those directly opposite thereto extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three fourths of all the members of the legislative body of the municipality; provided, however, that in any municipality of this State with a population in excess of 50,000 persons, the foregoing provisions regarding a protest shall not be applicable to any such change which is proposed in connection with the construction of federally assisted multi- family housing for the elderly and handicapped, in all instances of which such change shall become effective by the favorable vote of a simple majority of all the members of the Page 234

MI-21-01A/ Z-21-01 Memorandum on Petition of Protest (Opposition) Item #6. Page 2 of 2 legislative body of the municipality. The provisions of § 304 of this title, relative to public hearings and official notice, shall apply equally to all changes or amendments. 39 Del. Laws, c. 22, § 6; Code 1935, § 6232; 22 Del. C. 1953, § 305; 67 Del. Laws, c. 183, § 1.; Planning Staff evaluated the Petition along with available property records to determine the adjacency of the signatories’ lots/properties to 1205 McKee Road as it relates to the requirements of 22 Del. Code §305. The Petition is evaluated based upon the presence (or lack thereof) of signatures from the seven (7) eligible surrounding properties. The attached Petition Exhibit Maps and Zoning Petition Summary Analysis Spreadsheet show information from the analysis. • The Petition Exhibit Map shows the subject at 1205 McKee Road in yellow. The Eligible Properties shown in blue are those lots within 100 feet (Red Line) of the subject property and the street frontage of the subject property. The properties marked with a star on the second Petition Exhibit Map are the properties that were included in the Petition. • The Petition Summary Analysis Spreadsheet lists the property owners of the seven (7) Eligible Properties and indicates those that signed the Petition (marked with an ‘x’ in the Petitioner column). The Subject Property of the Comprehensive Plan Amendment Request and Rezoning is also marked as “Subject.” Planning Staff notes the following from our analysis: • The eligible signers of the Petition included property addresses immediately across McKee Road (to the southwest) from the subject property. They (Jaimin Patel as Riddhi de Siddhi LLC) submitted a Letter of Protest along with the Petition document. The signers are property and business owners. This gives a tally of 2 out of 7 Eligible Property Owners equating to 28.6%. • The ownership entity identified as “Riddhi de Siddhi LLC” has been associated with another signatory of the Petition, Mr. Jaimin Patel. While Mr. Jaimin Patel signed as a homeowner with an address outside of the eligible properties area, He identified himself as the owner of the two valid properties across McKee Road to the southwest, so Planning Staff has included him in our assessment of valid petitioners. • Another Signatory, Mr. Steven T. Sowder, gave his address as 1233 McKee Road which is noted as one of the eligible Petitioner addresses. However, Planning staff could not identify him as being in any way related to the ownership of said property. • Presbyterian Homes, Inc. owns two properties within the eligible petition area (191 College Road, 1175 McKee Road respectively) and sent their own letter noting their concern which was received by the Planning Office on February 25, 2021. They are however not signatories of this Petition. In Summary, the results of the Petition #2 Analysis are as follows: • 2 out of 7 Eligible Property Owners signed the Petition. • The total number of eligible and verifiable petitioners is 7. • 2/7 eligible and verifiable petitioners equate to 28.6%. Page 235

MI-21-01A/ Z-21-01 Memorandum on Petition of Protest (Opposition) Item #6. Page 3 of 3 The Petition is valid as per 22 Del. Code §305. Any action to approve the Comprehensive Plan Amendment and subsequent Rezoning of 1205 McKee Road (Ordinance #2021-01) requires a three-fourths majority of City Council. Attachments: • Petition of Protest Opposition Objecting to Rezoning (received February 12, 2021) • Petition Exhibit Map 1 (close-up of site) • Petition Exhibit Map 2 (Petitioners identified) • Petition Summary Analysis Spreadsheet Page 236

Item #6. February 11, 2021 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 Subject - Objection of rezoning for Applications: MI-21-01-A, Ordinance #2021-01 and Z-21-01, Ordinance #2021-04 Dear Dover City Councilmembers, The purpose of this letter is to register my protest against the proposed commercial rezoning for property at 1205 McKee Road, Dover, DE. (Applications: MI-21-01-A, Ordinance #2021-01 and Z-21- 01, Ordinance #2021-04) I am property owner of Riddhi de Siddhi LLC located at 1005 College Road & 1216 McKee Road at the same intersection as the lots are proposed rezoning. The Proposed Rezoning would permit the largest building parcel in the West Dover neighborhood to be built. This is not small-scale development meant to infill unused or underutilized parcels, this is large scale commercial development that is inappropriate for this neighborhood. Any commercial rezoning with 24hrs operation will bring more crime and nuisance to the quiet West Dover neighborhood. Please take past 7-11’s example at Hamlet Shopping center. 7-11’s 24hrs operating only brought crime to Walker road neighborhood and Hamlet shopping center. Please do not let this corner be another example. Neighbors most impacted by the project are against the project – almost every neighbor who lives within 200 feet of the property is against rezoning. Insufficient road infrastructure – Nearby intersections simply cannot handle the dramatic increase in traffic that will occur if the commercial rezoning is permitted. Additionally, intersection is a high-risk intersection for pedestrians with heavy traffic flow, and unclear views for pedestrian crossing. This intersection is a walking route for neighborhood students to the Delaware State University campus and as well as to the assisted living at Westminster Village. The significant increase in traffic flow at this intersection that will result from this rezoning is a notable risk to students and other pedestrians. If this rezoning is approved and the planned development completed, the residential neighborhoods of West Dover of the property will witness a dramatic increase in traffic in an already heavily congested area, which will lead to more accidents, injuries, and fatalities. We are not anti-growth, and we would not mind any offices or medical buildings under current zoning. We respectfully submit our strong objection and disapproval of rezoning of subject application. Kindest Regards, Jaimini Patel Page 237

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266 216 7 11 143 N ne 315 l a RM-1 Stone B r202 549 Ge 748 5 32 3 4 Blvd 5 P au ter C t Caroli 262 310 7 48 Peri 164 49 232 de D 540 425 eW l R evere 45 235 261 32 8 301wink le 480 552 1107 9 org Pew roo k 306 301 168 180 43 ROS 129 Pl 224 210 1223 1211 240 251 256 1105 R-8 C 109 Chel s3 215 186 t 47 115 155 125 121 1227 1216 110612 14 11 Dr ea W 123 111 38 3739 109 46 45 45 244 Dr 103 14 Pl 246 248 RG-2 102 101 RG- 8 7 1108 gton F a lm ay SC-2 106 R-10 124 107 32 110 10540 39 Greenw 6 3 1175 IO as hin t W ay w ay Ln 25 4 35 Green 2 1213 Mat thew C uth 209 R-10 102 26 106 87 10 160 83 108 121 133 30 129 1121 a 22 y Sq W 104 18 17 ay 201 121110 106 21 12 Heath e rfi 31 107 Andrew Dr Legend Greentree Dr o 173 107 e ld Tile: Lands of College Towers LLC ^ Petitioner « Ordinance #: 2021-01 100 ft from Subject site Addresses: 1205 McKee Road Eligible Petitioners Parcel ID: ED-05-067.00-02-51.00-000 Existing Land Use: Office Zoning Existing Zoning: CPO Commercial and Professional Zone 2012 Buildings COZ-1 Corridor Overlay Zone Proposed Land Use: Commercial Low intensity Dover Parcels Proposed Zoning: C-2A Lmited Central Commercial Zone Kent County Parcels COZ-1 Corridor Overlay Zone Owner: College Towers LLC Corridor Overlay Zone Equitable Owner: Two Farms, LLC Subject Property Date: 3/1/2021 0 625 1,250 2,500 Feet Page 241

Item #6. Rezoning Petition #1 Summary Analysis Lands of College Towers, LLC 1205 McKee Rd. Eligible Petitioners, Del. Code Title 22 c. 3 §305 Petitioner NAME STREET_NUM STREET_NAM OWN_AD1 OWN_AD2 OWN_CITY OWN_STA OWN_ZIP PRESBYTERIAN HOMES INC*** 191 COLLEGE RD 1175 MCKEE RD DOVER DE 19904 CAPITAL SCHOOL DISTRICT 855 COLLEGE RD 198 COMMERCE WAY DOVER DE 19904 X RIDDHI DE SIDDHI LLC* 1005 COLLEGE RD 595 FOREST ST DOVER DE 19904 PRESBYTERIAN HOMES INC*** 1175 MCKEE RD 1175 MCKEE RD DOVER DE 19904 Subject COLLEGE TOWERS LLC 1205 MCKEE RD 30 THE GREEN DOVER DE 19901 X RIDDHI DE SIDDHI LLC* 1216 MCKEE RD 595 FOREST ST DOVER DE 19904 G & B PARTNERS, LLC** 1233 MCKEE RD 2078 BIG OAK RD SMYRNA DE 19977 DOVER MOB LLC 1240 MCKEE RD 425 SEVENTH ST NE CHARLOTTESVILLE VA 22902 Other Petitioners Petitioner Name Street # Street City State Zip Code Susan McLaughlin 7 PIN OAK DR DOVER DE 19904 Jason Moore 407 TOPAZ CIR DOVER DE 19904 Bobby Spann 338 TOPAZ CIR DOVER DE 19904 Michael S. Strickler 25 MERION RD DOVER DE 19904 Steven T. Sowder** 1233 MCKEE RD DOVER DE 19904 Jaimin Patel **** 106 TOPAZ CIR DOVER DE 19904 Richard Carson 1291 MCKEE RD DOVER DE 19904 Pam Wayandr 547 TROON RD DOVER DE 19904 Dorothea Hopkins 6 AQUAMARINE CT DOVER DE 19904 Richard H. Harpster 229 PEBBLE VALLEY DR DOVER DE 19904 Cyrus Kahn 415 TOPAZ CIR DOVER DE 19904 SNOTES * Letter of Protest received from Jaimin Patel as owner of Riddhi de Siddhi, LLC and also forwarded the Signed Petition document. ** G & B Partners is the owner of 1233 McKee Road; however, it appears that it is a tenant of that property (Mr. Steven Sowder) that signed the Petition. Planning Staff cannot confirm if he is associated with the ownership of the property at 1233 McKee Road. *** Presbyterian Homes Inc. sent its own Letter of Concern receieved by the Planning Office on February 25, 2021 but did not sign this Petition. **** Mr. Jaimin Patel identified himself as the person behind the business entity known as Riddhi de Siddhi LLC, an entity assocoiated with several properties in the vicinity of the subject site. However, he signed the Petition as resident of 106 Topaz Circle, not the nearby business owner. SUMMARY Lots Eligible to Petition 7 Eligible Petitioners (num.) 2 Eligible Petitioners (percent) 0.29 Page 242

Item #6. FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2021-04 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 1205 MCKEE ROAD 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) and subject to the COZ-1 (Corridor 9 Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor 10 Overlay Zone). 11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 12 DOVER, IN COUNCIL MET: 13 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 14 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO 15 (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to 16 C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that 17 property located at 1205 McKee Road (located at the northeast corner of McKee Road and College 18 Road), consisting of 3.46 +/- acres , owned by College Towers LLC and equitable owner Two 19 Farms, LLC. 20 (Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council District) 21 22 ADOPTED: * 23 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD - FINAL READING.wpd 24 Actions History 25 March 8, 2021 - Scheduled for Public Hearing/Final Reading - City Council 26 February 16, 2021 - Public Hearing - Planning Commission 27 January 25, 2021 - First Reading - City Council Page 243

Item #7. PETITION TO AMEND ZONING DISTRICT Public Hearing before the Dover City Council March 8, 2021 Recommendation from Planning Commission Meeting of February 16, 2021 with Staff and Development Advisory Committee Review Owner: Donny Legans Address: 92 N. West Street Unaddressed parcel on Fulton Street (adjacent to railroad) Location: Adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street Tax Parcel: Main parcel: ED-05-076.08-01-16.00-000 Secondary parcel: ED-05-076.08-01-44.00-000 Size: 0.82 +/- total acres Present Use: Vacant Building (previous Industrial/Manufacturing use) Proposed Use: Restaurant 2019 Comprehensive Plan Designation – Land Use Classification: Industrial Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use Present Zoning: M (Manufacturing Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) Reason for Request: To establish a restaurant in existing structure. File Number: Z-21-02 Ordinance Number: #2021-05 Planning Commission Recommendation: The Application (Z-21-02) for Rezoning was represented by the property owner and the applicant’s engineering firm. A Public Page 244

Item #7. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street: Rezoning M to C-2A Planning Commission Recommendation Report of February 16, 2021 Page 2 Hearing was conducted on February 16, 2021 where 4 members of the public spoke (3 in favor and 1 in opposition) regarding the Amendment application and 16 written comments (15 in favor and 1 in opposition) were received. The Planning Commission moved by vote of 7-0 to recommend in favor of the proposed Rezoning from M to C-2A. (Draft Meeting Minutes attached.) APPLICATION: Z-21-02 Lands of Donny Legans at 92 N. West Street and Parcel on Fulton Street: Rezoning from M to C-2A I. APPLICATION SUMMARY This Rezoning Application is for Lands of Donny Legans which consist of two parcels totaling 0.82 acres immediately adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The properties are currently zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). This Rezoning Request is associated with request MI-21-01B for Comprehensive Plan Amendment as a Land Use Classification revision to Map 12-1. Existing Property: The subject parcels have an area of 0.82 acres and are currently vacant containing a structure previously utilized as an industrial facility (previously Southern States Cooperative Inc.) on the parcel closest to N. West Street. The parcels are located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The applicant is seeking rezoning to C-2A (Limited Central Commercial Zone) to allow for future redevelopment of the existing industrial building as a restaurant (Beer Garden). The development of the site will be subject to a separate application submission. Surrounding Land Uses: The parcels immediately surrounding the subject parcel to the south, west, and north all contain a variety of primarily industrial and commercial uses. Specifically, the property across Fulton Street to the south is also zoned M (Manufacturing Zone) and contains a warehouse. The properties across Cecil Street to the north are also zoned M and contain warehouses, a contractor’s yard, and storage yards. Across the railroad to the west is a small property zoned C-3 (Service Commercial Zone) and was the location of the Prime Care Medical Transport Offices. The remaining land to the west is undeveloped and zoned IPM (Industrial Park and Manufacturing Zone). The properties across N. West Street to the east are zoned RG-1 (General Residence Zone) and contain places of public assembly (2 Churches and a Community Center) and with the blocks to the east as residential uses of mostly one-family dwellings. Adjacent along the western frontage of the western parcel is the Railroad which runs north-south, almost parallel to N. West Street. South of the two parcels is an unused segment of Fulton Street. Page 245

Item #7. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street: Rezoning M to C-2A Planning Commission Recommendation Report of February 16, 2021 Page 3 II. COMPREHENSIVE PLAN COMPLIANCE REVIEW The 2019 Comprehensive Plan depicts the subject area (two parcels) totaling 0.82 acres as Manufacturing as the Land Use Classifications on Map 12-1: Land Development Plan Map. Under MI-21-01B, there is a request to change the Land Use Classification to Mixed Use for the parcels. If the Comprehensive Plan Amendment MI-21-01B 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 Comprehensive Plan. For the Land Use Classification of Mixed Use, the 2019 Comprehensive Plan allows the zoning districts of C-1, C-1A, C-2, C-2A, RGO, R-8, R-10, RG-1, RG-2, RG-4, C-3, CPO, and IO. III. ZONING REVIEW Request for C-2A (Limited Central Commercial Zone) Zoning The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. Article 3 Section 14. – Limited Central Commercial Zone (C-2A). 14.1 Uses permitted. 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 government 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. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off street 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. Page 246

Item #7. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street: Rezoning M to C-2A Planning Commission Recommendation Report of February 16, 2021 Page 4 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. IV. RECOMMENDATION OF PLANNING STAFF This request is to rezone lands from M (Manufacturing Zone) to C-2A (Limited Central Commercial Zone) is not supported by Staff. Planning Staff feels that due to its proximity to the railroad and other neighboring industrial uses and zoning, a zoning classification that allows manufacturing and industrial activity remains the highest and best use of the land. The C-2A zoning district does not include these types of manufacturing and industrial related uses. The C- 2A zone allows for a variety of commercial activities and even some residential uses. The proposed Rezoning to C-2A would be to a mixed use land use designation which is largely out of character with the immediate vicinity along the railroad corridor. 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 assigned zoning district. Staff again notes that any potential development for the site, would have to be in line with its zoning classification, and would similarly have to follow all development design guidelines of the Zoning Ordinance. This recommendation is being made without that 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. ADVISORY COMMENTS TO THE APPLICANT: 1) This Rezoning Application Z-21-02 is associated with MI-21-01B Comprehensive Plan Amendment 2021 which must be approved for this Rezoning Request to C-2A (Limited Central Commercial Zone) to be considered compliant with the Comprehensive Plan. 2) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. Following any decision made by City Council regarding 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 applicant shall be aware that approval of any rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. Certain types of uses also require a Page 247

Item #7. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street: Rezoning M to C-2A Planning Commission Recommendation Report of February 16, 2021 Page 5 Public Occupancy Permit or Rental Dwelling Permits. Certain uses may also require specialized State licenses. 5) These properties are located within the Downtown Redevelopment Target Area and are located within the Downtown Development District. RECOMMENDATION OF THE PLANNING COMMISSION: At the Virtual Planning Commission Meeting of February 16, 2021, the Application (Z-21-02) was represented by the property owner Donny Legans and by Jonathan Street of the application’s engineering firm the Becker Morgan Group. During the Public Hearing, four (4) members of the public spoke (3 of support and 1 in opposition) and sixteen (16) written comments (15 of support and 1 in opposition) were received regarding the Rezoning and (associated Comprehensive Plan Amendment Request). The Planning Commission recommended in favor of the proposed Rezoning (Z-21-02) from M to C-2A for the properties at 92 N. West Street and unaddressed parcel on Fulton Street as proposed with a vote of 7-0 with two members absent. See also the included excerpt of the DRAFT Meeting Minutes of the February 16, 2021 Planning Commission meeting. The comments received from the other member agencies of the Development Advisory Committee (D.A.C.) are also provided. ATTACHMENTS: • Z-21-02 Zoning Exhibit Map • Application Z-21-02 Submission: o Comprehensive Plan Amendment Request Letter of December 14, 2020 (Narrative) o 92 Ventures Land Use Map Exhibit • Development Advisory Committee Comments from City of Dover Public Works Department, Department of Water & Wastewater, Electric Department, City Office of the Fire Marshal, DelDOT, and Kent Conservation District • Written Correspondence received for Planning Commission Meeting consisting of EXHIBIT SET – Public Comments Received (to 2:00pm on 2/16/2021): 1. Letter of Support for Restaurant from Theo and Arnold Braunskill of 91 N. West Street dated 2/11/2021 2. Letter of Support for Restaurant from Jeff Niezgoda (Delaware resident) dated 2/10/2021 3. Email of Support for Rail Haus from Fran Riddle of 127 N. State Street dated 2/12/2021 4. Email of Support for Restaurant from Heather Thorsell dated 2/12/2021 5. Email of Support for Restaurant from Juliana Mione (PreSchool Teacher) dated 2/13/2021 6. Email of Support for Rail Haus Venue from Steven (a Dover native) dated 2/14/2021 Page 248

Item #7. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street: Rezoning M to C-2A Planning Commission Recommendation Report of February 16, 2021 Page 6 7. Email of Support for Rail Haus Restaurant from Rachel Papen of 645 Papen Lane dated 2/15/2021 8. Email of Support for Rail Haus Business from Brian Moritz of Magnolia dated 2/15/2021 9. Email of Support for Raul Haus Restaurant from Gale Christensen (a new Delaware resident) dated 2/15/2021 10. Email of Support for Rail Haus Restaurant from Megan Worden Muenter dated 2/15/2021 11. Email of Support (for Beer Garden) from Colleen Worsham Papen dated 2/15/2021 12. Email of Support from Rail Haus Restaurant from Laura Parks of Maple Lane dated 2/16/2021 13. Email of Support for Rail Haus from Jayce Lesniewski of 31 Maple Lane dated 2/16/2021 14. Email of Support for Industrial Rezoning along railroad corridor from Linda Parkowski, Executive Director of KEP – Kent Economic Partnership dated 2/16/2021 15. Letter of Support from Mt. Carmel Church of Living God located at 117 N. West Street dated 2/16/2021 16. Letter of Support for Restaurant from Monica LeBlanc of Diamond State Realty dated 2/16/2021 • Excerpt from DRAFT Planning Commission Meeting Minutes of February 16, 2021 • Proposed Ordinance #2021-05 Page 249

City of Dover Application No.: Z-21-02 Item #7. Department of Planning & Inspections C-1 RG-1 RG-1 M RG- il St 1 Cec RG-1 RG-1 RG-1 N Ki IPM rkwo od S t est S NW t Site n St Fulto RG-1 C-3 RG-1 RG-1 RG-1 Rid gely St RG-1 RG-1 M C-1A C-3 C-2A C-3 C-3 n St ivisio WD C-2A C-2A Tile: Lands of Donny Legans Ordinance #: 2021-05 Addresses: 92 N West Street Parcel ID: ED-05-076.08-01-16.00-000 Legend ED-05-076.08-01-44.00-000 Existing Zoning: M Manufacturing Zone 2012 Buildings Proposed Zoning: C-2A Limited Central Commercial Zoning Owner: Donny Legans Date: 01/14/2021 Dover Parcels 0 100 200 400 Feet « Subject Property Page 250

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Item #7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street FILE #: Z-21-02 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 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 ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Our office has no objection to the rezoning of tax parcels ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00- 000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT: STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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 256

Item #7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of Donny Legans at 92 N. West St. and a Parcel on Fulton St. FILE #: Z-21-02 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: 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 WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 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 / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT 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 257

Item #7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street FILE #: Z-21-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@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 1. Our office has no objection to the rezoning of: ED-05-076.08-01-16.00-000 & ED-05-076.08-01-44.00-000 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 258

C F #7. Z-21-02 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: 01/27/21 D S O H V A E L R APPLICATION: Lands of Donny Legans at 92 N West St and a Parcel on Fulton St FILE #: Z-21-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 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. This is a rezoning application. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 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 2015 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 259

Item #7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Donny Legans (92 N. West Street) FILE#: Z-21-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== 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 ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No objection to the Rezoning 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. Page 260

KENT CONSERVATION DISTRICT Item #7. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street and a parcel on Fulton Street FILE #: Z-21-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate Owens PHONE #: 302-608-5370 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 ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the proposed re-zoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. Page 261

Item #7. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map and Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street EXHIBIT SET – Public Comments Received Public Comments Received (to 3:00pm on 2/16/2021): 1. Letter of Support for Restaurant from Theo and Arnold Braunskill of 91 N. West Street dated 2/11/2021 2. Letter of Support for Restaurant from Jeff Niezgoda (Delaware resident) dated 2/10/2021 3. Email of Support for Rail Haus from Fran Riddle of 127 N. State Street dated 2/12/2021 4. Email of Support for Restaurant from Heather Thorsell dated 2/12/2021 5. Email of Support for Restaurant from Juliana Mione (PreSchool Teacher) dated 2/13/2021 6. Email of Support for Rail Haus Venue from Steven (a Dover native) dated 2/14/2021 7. Email of Support for Rail Haus Restaurant from Rachel Papen of 645 Papen Lane dated 2/15/2021 8. Email of Support for Rail Haus Business from Brian Moritz of Magnolia dated 2/15/2021 9. Email of Support for Raul Haus Restaurant from Gale Christensen (a new Delaware resident) dated 2/15/2021 10. Email of Support for Rail Haus Restaurant from Megan Worden Muenter dated 2/15/2021 11. Email of Support (for Beer Garden) from Colleen Worsham Papen dated 2/15/2021 12. Email of Support from Rail Haus Restaurant from Laura Parks of Maple Lane dated 2/16/2021 13. Email of Support for Rail Haus from Jayce Lesniewski of 31 Maple Lane dated 2/16/2021 14. Email of Support for Industrial Rezoning along railroad corridor from Linda Parkowski, Executive Director of KEP – Kent Economic Partnership dated 2/16/2021 15. Letter of Support from Mt. Carmel Church of Living God located at 117 N. West Street dated 2/16/2021 16. Letter of Support for Restaurant from Monica LeBlanc of Diamond State Realty dated 2/16/2021 Page 262

Item #7. Theo and Arnold Braunskill February 11, 2021 91 N West St Dover, DE 19904 302-744-9137 Re: In Support of Donny Legans Restaurant at 92 N West St We are the Braunskills on the corner of West and Fulton St. My family has been in this neighborhood for over 100 years. My family still lives in this neighborhood. I understand how some of my neighbors could be reluctant and skeptical of a new business. We have had our share of drugs, slumlords and the eyesore of a recycle facility. We have to be ready to move past the hurt and trauma of past businesses and learn to heal and replace those scares with positive and refreshing businesses. We have to embrace new. Like we have with the new housing in our community that has increased our property values. We all know that if we don’t continue to make changes things will remain the same. And we must remember, we are a City. We are the City of Dover, the capital of the state of Delaware. A state that is use to doing FIRST things. We have to be welcoming to our tourist and our ‘out of state’ visitors. We have a responsibility to our future generations. I am in full support of a new restaurant. I believe it to be a boost well needed. I am particularly supportive because I have hopes and dreams of turning the warehouse/building next door, into a Railroad Museum. It would fit nicely together…. a restaurant and museum. We love Dover and believe that this Restaurant will be an asset to our community and to the City of Dover. Sincerely, Theo Braunskill Page 263

Item #7. February 10, 2021 Dear Planning Committee, I’m writing to show my support for the proposed project/restaurant located at the former Southern States building. I have been a resident of the State of Delaware for 55 years and this type of venue could bring a lot of positive energy to the surrounding communities. I’ve been to many indoor/outdoor garden style restaurants and I’ve seen firsthand how these types of facilities are accepted and supported by the surrounding area. My wife and I enjoy getting out to establishments like this especially when we can include our dog. I fully support and endorse this project idea. Sincerely, Jeff Niezgoda Page 264

Item #7. Melson-Williams, Dawn From: Frances Riddle <outlook_8B75BAB319A77478@outlook.com> Sent: Friday, February 12, 2021 11:34 AM To: CompPlan Subject: Rail Haus 92 N. West Street As a resident of the downtown Dover community and an active volunteer for Restoring Central Dover, I strongly support the proposed Rail Haus restaurant at 92 N. West Street. This block is ripe for further development and would be both an anchor and a magnet for the community. I can already taste the good food and hear the sounds of happy families. Restoring Central Dover has a community garden on Wesley’s campus which could help provide local produce, the area is bike and walk friendly, and the Solid Rock Community Outreach Center is right across the street. The railroad has historical significance in Dover, and this would be a way to celebrate it. I can’t wait to see this vision become a reality in our city! Fran Riddle 127 N. State Street Dover Sent from Mail for Windows 10 1 Page 265

Item #7. Melson-Williams, Dawn From: Heather Thorsell <pixy7878@gmail.com> Sent: Friday, February 12, 2021 5:20 PM To: CompPlan Subject: Rail Haus We heard about the proposed new restaurant Rail Haus in downtown Dover. We would love to have a beer garden we could dine outdoors, play games with our kids and maybe even bring the dog along, too! Downtown Dover is a hidden gem that needs more family friendly places to dine. Please consider supporting this veteran owned business come to fruition! Heather Thorsell Sent from my iPhone 1 Page 266

Item #7. Melson-Williams, Dawn From: Juliana Mione <jaymione19@gmail.com> Sent: Saturday, February 13, 2021 5:15 PM To: CompPlan Subject: Support For Rail Haus Good Evening, I wanted to extend my support of the opening of Rail Haus in downtown Dover. My husband and I, also a permanent military family in Dover, travel to Middletown or Lewes often for unique dining experiences. We would love to keep our business here in Dover, especially now that we have two toddlers. There are not enough family friendly outdoor style restaurants in our area that can bring community events to an outside space as well as a fun afternoon evening with friends or relatives. Like Bel Boutique, Fornees, My Roots and other business’ downtown, this would bring more than Dover to an area that needs our business and support. This is what Dover is missing. Any other way I can help answer questions or show my support please let me know. Juliana Mione 814‐553‐1024 JayMione19@gmail.com Preschool Teacher The Little School at Kids Cottage Sent from my iPhone 1 Page 267

Item #7. Melson-Williams, Dawn From: Yeff <sdwalls90@gmail.com> Sent: Sunday, February 14, 2021 1:53 PM To: CompPlan Subject: Rail Haus Hello my name is Steven. I am from the area and have been living here my whole life. I am a husband and father of four. I think the plan for a new venue such as Rail Haus would be great for the community. Sincerely, A Dover Native 1 Page 268

Item #7. Melson-Williams, Dawn From: Rachel Papen <rachelpapen@me.com> Sent: Monday, February 15, 2021 7:34 AM To: CompPlan Cc: dlegans@mac.com Subject: Support for Rail Haus Hello! To whom it may concern, I am writing to you in the hope that you give full and complete support to the proposed opening of Rail Haus in Dover on 92 N West Street. As Dover recovers from the financial strain of the global pandemic, it is important to invest in locally owned, community based ventures that will enrich our local economy. Thank you in advance for your time and consideration in this matter. I look forward to hearing about your support for this venture. Best, Rachel Papen 645 Papen Lane Dover, DE 19904 603‐490‐0699 Rachelpapen@me.com 1 Page 269

Item #7. Melson-Williams, Dawn From: Brian Moritz <brian.c.moritz@me.com> Sent: Monday, February 15, 2021 9:52 AM To: CompPlan Subject: Rail Haus To Whom It May Concern, Please consider approving whatever permits need to be allowed for this business. Following COVID‐19’s wrath on small business, anyone that has the guts to dive into small business should be given the chance without hesitation. Add to the fact that this is a veteran‐owned business, you know that the owner will have an Air Force Base full of support to start followed quickly by the local community. Family and pet friendly.... please let this get approved!!! The downtown area needs a revival and has so much potential, move on this now! Thank you! Brian Moritz Magnolia, DE 1 Page 270

Item #7. Melson-Williams, Dawn From: Gale Christensen <naleedrew@gmail.com> Sent: Monday, February 15, 2021 12:06 PM To: CompPlan Subject: Rail Haus Planning Commision: Please take an active look into the new restaurant being proposed at 92 N West St in Dover. The Rail Haus could bring so much needed energy to Dover, I would love to spend my money locally. Dover is so on the brink of becoming a great place or failing to seizure the opportunity. Cheers, Gale Christensen (new resident of Delaware) 1 Page 271

Item #7. Melson-Williams, Dawn From: Megan Worden <megan.worden@gmail.com> Sent: Monday, February 15, 2021 12:41 PM To: CompPlan Subject: Rail Haus Hello! To whom it may concern, I am writing to you in the hope that you give full and complete support to the proposed opening of Rail Haus in Dover on 92 N West Street. As Dover recovers from the financial strain of the global pandemic, it is important to invest in locally owned, community based ventures that will enrich our local economy. Thank you in advance for your time and consideration in this matter. I look forward to hearing about your support for this venture. Best, Megan Muenter ‐‐ Megan 1 Page 272

Item #7. Melson-Williams, Dawn From: Colleen Worsham Papen <FarmernDEL@msn.com> Sent: Monday, February 15, 2021 3:42 PM To: CompPlan Subject: Beer garden The addition of a beer garden in the Dover area would be an asset to the community, employment, and the local economy! I sincerely hope this goes forward. Colleen Papen Get Outlook for iOS 1 Page 273

Item #7. Melson-Williams, Dawn From: Laura Parks <laura.e.parks@gmail.com> Sent: Tuesday, February 16, 2021 7:31 AM To: CompPlan Subject: 92 N West St Hi, I live on Maple Lane with my husband, son, and two dogs. We are all very excited about the Rail Haus plan! We would love to spend our money here in Dover instead of driving to Crooked Hammock or Constitution Yards. I encourage you to support Donny Legans’s endeavor. Thanks, Laura 1 Page 274

Item #7. Melson-Williams, Dawn From: Jayce Lesniewski <jayce.r.lesniewski@gmail.com> Sent: Tuesday, February 16, 2021 12:43 PM To: CompPlan Subject: 92 N. West St. Good Afternoon ‐ I am writing to support Donny Legans' Rail Haus plan at 92 N. West St. I think it is a fantastic idea and would be a great benefit to the community. I hope the city will endorse his project. Thanks Jayce Lesniewski 31 Maple Lane 1 Page 275

Item #7. Melson-Williams, Dawn From: Linda Parkowski <Linda.Parkowski@co.kent.de.us> Sent: Tuesday, February 16, 2021 11:15 AM To: Hugg, Dave Cc: Melson-Williams, Dawn Subject: Planning Commisiion Meeting 2.16.21 Dave, RE: Z‐21‐02 & MI‐21‐01B Lands of Donny Legans West Street and Fulton St. I am writing to you to express the position of the Kent Economic Partnership regarding the zoning of any existing rail adjacent parcels. The KEP supports all types of projects especially ones which contribute to the quality of life in Central Delaware but the KEP does not support any reclassification of parcels along the rail corridor from an Industrial designation. Regardless of the merits of the projects the continued loss of Industrial zoned land along the rail corridor in Central Delaware is an issue and one the Kent Economic Partnership opposes. In fact we are working diligently to identify and preserve any appropriate available land along the rail corridor. Thank you, Linda Parkowski Executive Director Kent Economic Partnership 555 Bay Road Dover, De 19901 302‐678‐3057 302‐632‐2033‐cell 1 Page 276

Item #7. Page 277

Item #7. Page 278

Item #7. CITY OF DOVER PLANNING COMMISSION February 16, 2021 Excerpt from Meeting Minutes – Draft The Meeting of the City of Dover Planning Commission was held on Tuesday, February 16, 2021 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mrs. Malone, Mr. Hartman, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Roach and Mr. Baldwin were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. Ordinance #2021-02. This is associated with rezoning application Z-21-02. Representatives: Mr. Donny Legans, property owner; Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this Request is in regards to two properties that are located on west side of North West Street between North West Street and the railroad tracks. On the map shown, the railroad track is the heavy black line that is shown. The current Land Use Classification designation in the Comprehensive Plan is Industrial and the proposed designation is for Mixed Use. The property is actually two parcels of land. The one that fronts directly on North West Street is the one with the address of 92 North West Street and the other kind of strip of land does not have an address and it is referred to as the parcel adjacent to Fulton Street. There is an existing warehouse-like building on 92 North West Street. The properties were previously owned by the Southern States Corporative and at one point, had a number of storage tanks for various fuels that were part of that operation a number of years ago. Those storage tanks were monitored and may still be monitored by DNREC’s Underground Storage Tank programs. For the Comprehensive Plan, again in the DAC Report it references the statements of the Comprehensive Plan related to goals for what are Employment Centers and that’s where it captures the Industrial land use. Then also presented are the goals and recommendations for the Land Use Category of Mixed Use. The Land Use Category of Mixed Use also has some specific recommendations that are focused on Downtown Dover. While this may be some distance from what most people consider Downtown Dover on Loockerman Street, it is within the northwestern portion of the Downtown Central Dover Area. In this application, Planning Staff has evaluated the request to make that land use change from Industrial to Mixed Use and they are finding that it does not appear to be consistent with the area in general. They look at it as there are areas as you Excerpt of Planning Commission Meeting of February 16, 2021 Page 1 of 10 Page 279

Item #7. can see on the map to its south and east that are in that Mixed Use category; that is where you truly find a mix of residences, a number of public assembly uses in the form of churches and then once you reach Division Street you do find much more of a commercial aspect in uses. They look at this area between North West Street and the railroad corridor as industrial in nature with West North Street being kind of the boundary between what is industrial that flanks the railroad corridor with the remainder of the Downtown area. They think the Industrial (category)still allows for opportunity of some industrial types uses that are smaller in scale. These are smaller properties when compared to some of the other tracts of land along the railroad track, but they think that the opportunity still is there for this property. The Development Advisory Committee also provided comments. Most of them are basically no objections to the land use change and only comments regarding should potential land use activities happen in the future. Since this is a Comprehensive Plan Amendment, it was reviewed through the PLUS Review process with the State and she wants to highlight some of the comments. It was recognized by the Office of State Planning Coordination for no objections in the change of land use. It is an area in the State Investment Level 1 that is developed, and it is an opportunity for redevelopment of the parcel. DelDOT offered no comments as the adjacent streets in this area do not fall under their jurisdiction. DNREC; however, did include some notations about what may be current or previous contamination that may exist on this property. It was part of what was a larger remediation project that administered through the Division of Waste & Hazardous Substances at DNREC. So, for any kind of future activity there, they would need to be consulting that specific section of DNREC and there may be implications for future development of the property. There is nothing substantially negative. The reminder from DNREC is in regards to if they were considering use of the property; and it is really based on the historic use of the property that may have caused a potential contamination at the site and can deal with remediation procedures if necessary. Mr. Street stated that the property is just north of Division Street and Fulton Street is the next street north. Just to the north of us is Teal Construction and the immediate adjacent parcel to the north of us is a recycling center and to the west is the Norfolk Southern Railroad. Everything on that western side of the railroad has a Land Use of Industrial as well. This slide mimics the Land Use as it is laid out in the current Comprehensive Plan right now. On the lower right hand corner of the map shows the Mixed Use of the City itself. The red dot is the subject parcel and it is mashed right in between Mixed Use, some Residential Medium Density and Institutional which includes Wesley College, Booker T Washington Elementary and William Henry Middle School as well as Campus Community School. What you see in the middle in the gray is the Land Use that is used as Industrial right now. As you get further south along that railroad line, right in between Fulton Street and Cecil Street, that is where we are. They are kind of right in that tip. It is a really small parcel that has been vacant for almost going on 30 years now. It has been for sale for the past 6 years and no one has really jumped on it. It is in the northwest corner of the Downtown Development District. Two main goals of the Comprehensive Plan would be to encourage economic development and to promote revitalization and redevelopment of the City’s Downtown. As Mrs. Melson-Williams said, this may not be considered right in the heart of Downtown, but it is still in that Downtown Development District. Switching this Land Use from Industrial to a Mixed Use affords the owner an opportunity to redevelop this in a manner that would revitalize the area. It only takes one domino to fall for the rest to follow suit and he thinks that this has the potential to do that. With that, he understands the City’s concern with switching Excerpt of Planning Commission Meeting of February 16, 2021 Page 2 of 10 Page 280

Item #7. the Industrial along that rail line but like he said, we are at 0.4 acres and there really isn’t a practical use for something that small. Even if the neighboring property was to purchase this property, which they likely had the opportunity to do for quite some time and expand their operations they are still not at anything above 2.5 to 3 acres and that is an Industrial use that is quite small. You can see that the properties north and west of us are multiple acre properties that can utilize rail if needed and have the room to actually construct and/or improve those areas. This property just doesn’t have the ability to do that. Mr. Legans stated that for thirty years this property has sat vacant. It has been for sale for the last four or five years with no hits and no interest; so, it is zero economic benefit to the neighbors and to the community. Actually, it has been more of a determent in terms of attracting residents and attracting business to that area despite it being located Downtown. So, no matter which map you look at, whether it’s a Downtown Redevelopment Target Area Map, the Downtown Redevelopment High Priority Area Map or the Downtown Development District Map which is a smaller subset of Downtown and is designed specifically to spur economic activity. Dover got designated that in 2015 and this property still sat for an additional six years. He does not think that it is desirable with the size for Industrial use as things are getting bigger and bigger in that realm so we would like to change it to Mixed Use. It is consistent with the 2019 Comprehensive Plan recommendation that Downtown be Mixed Use, so they agree. It is a six minute walk to Wesley’s campus and a ten minute walk to Loockerman Plaza; so, it is very much in that hub. One block off of Division Street; this corridor that is our gateway to Dover and it is the first impression that people get coming from the west and we should be mindful of our first impression of Downtown. He thinks that we need something vibrant there, something for the community. The Downtown Development District is 224 acres and was established in 2014 by Mrs. Ann Marie Townshend. The very first thing that you have to do is draw your map and define your lines and this 92 North West Street is within those lines and that was to specifically spur economic development. Of those 224 acres, all but five acres fit into the Mixed Use land use, C-3 (Service Commercial Zone) C-2A (Limited Central Commercial Zone), C-1 (Neighborhood Commercial), R-8 (One Family Residence Zone) and R-10 (One Family Residence Zone). Those five acres are made up of six parcels. Three are in use: Teal Construction, the recycling center and the auto parts store. The other three parcels are not in use: one is a vacant lot, one is a vacant building, and one is a storage area that he thinks was up for Sheriff’s Sale in January. He thinks that we can do better by our community and our City. It is not secret that he wants to put a restaurant here and that is the reason why there are probably a lot of call-ins tonight. He plans on keeping the industrial look and feel; it will be family friendly. Most importantly given everything that we have been through, he thinks it will be good for the community. So, what better way to say that Dover is serious while raising its profile that it is open for business than changing this long outdated Land Use (Category) to something more in line with what is trending Downtown and that is Mixed Use. Mr. Hartman questioned what Mr. Legans would say to the adjacent industrial neighbors that are properly zoned and sited? There have been comments about a domino effect and one of the letters mentioned siting a museum there. Have you talked to them? What do you say to your neighbors that are industrial? Responding to Mr. Hartman, Mr. Legans stated that he did talk to one of the principals for Diamond Recycling Center and he loved the idea. He has actually been to a similar style restaurant throughout his travels in Philadelphia, so he was very familiar with Excerpt of Planning Commission Meeting of February 16, 2021 Page 3 of 10 Page 281

Item #7. what we are trying to do. In terms of domino effect, he thinks that it was more in line of how people view Downtown in terms of attracting residences and businesses and the domino effect of people not wanting to come Downtown for whatever reason. To have a new vibrant restaurant that is local and that is veteran-owned in the neighborhood that you can walk to or bike to. Since the Senator Bike Lane is right in front of it that they plan on using more, he thinks was more in line with the domino effect. Not in terms of other parcels being bought up. Then again, the parcel directly to the south of him is a non-use and he believes that is the rail museum that the one commenter is talking about. If you’ve driven down Division Street, you can see that the roof is half gone and has been like that for years. So, the domino effect for something that is not in use, he supports. Mrs. Lord stated that she thinks it is an excellent thing for Downtown and we need some revitalization. This sounds like a progressive foot forward. Taking a parcel of land that is just sitting there and turning it into something that is good for the community, she whole heartedly supports and plus she lives next to Wesley College; she lives Downtown. We see every day how things can be eroding to some extent and desperately want to see a positive movement not negative movement. She thinks this is very positive. Mrs. Maucher opened the public hearing. Mrs. Melson-Williams stated that she wanted to enter into the record the Exhibit Set of Public Comments received on both this Comprehensive Plan Amendment Application (MI-21-01B) and the associated Rezoning Application (Z-21-02). There are sixteen items that came in the form of emails or letters in regards to these applications. We do have a number of those individuals present this evening. For the most part, these are all letters of support for what they make mention of as a restaurant or the Rail Haus name or the Rail Haus Business. There is a letter, Item #14, which was an email support for the Industrial use of the property along the railroad corridor that was received by the KEP (Kent Economic Partnership). We did try to identify for the emails where the person was speaking from and some of them included their residences and they included that in the list. We have comments received from Theo & Arnold Braunskill, Jeff Niezgoda, Fran Riddle, Heather Thorsell, Juliana Mione, Steven, Rachael Papen, Brian Moritz, Gail Christensen, Megan Muenter, Colleen Papen, Laura Parks, Jayce Lesneiwski, Linda Parkowski, Mt. Carmel Church of the Living God, and Monica LeBlanc. Mr. Scott Kidner – 3 Shinnecock Road Dover, DE 19901 Mr. Kidner stated that he lives at 3 Shinnecock Road and has an office located at 15 Kings Highway. He thinks that this is a wonderful application. He does not know the applicant and he is not here on behalf of any client, but he thinks that this is a wonderful opportunity to take some unused property and turn it into something pretty neat. This brings to mind some places that he has been, including a place in Middletown, Delaware called Metro Pub & Grill which sits along the railroad tracks. It’s a wonderful operation and it does have that industrial look to it. It is a great restaurant and he has been there many times. It also reminds him of places in the State where we are taking property that has not being utilized or that is not being used to its best use. This is one of those opportunities where he thinks that we step forward as a City and maybe it will be something that anchors that into Loockerman and gets some things moving. He wishes the applicant great success and hopes that the Planning Commission will allow this to move Excerpt of Planning Commission Meeting of February 16, 2021 Page 4 of 10 Page 282

Item #7. forward. Ms. Michelle Johnson – 39 North American Avenue Dover, DE 19901 Ms. Johnson stated that she is very much in support of the Comprehensive Plan Amendment to include the change from Industrial to Mixed Use. She lives at 39 N. American Ave which is down the street from Mr. Legans. They don’t know them well, but they have moved into their neighborhood and in many ways revitalized it. They have done a ton of work on their house. They have gotten to know all of the neighbors and they have been really extraordinary in reaching out and just being wonderful neighbors in our community. She has absolutely no doubt that what they intend to do at the property at 92 North West Street will indeed revitalize that area of Dover. We live within walking distance and at this point, to go to a similar location, we would need to drive to Lewes, Middletown, Wilmington or Philadelphia. It was just be wonderful to have a property like that within walking distance of Downtown Dover. Mr. Kirk Johnson – 39 North American Avenue Dover, DE 19901 Mr. Johnson stated that he was also in support of the change in use for a couple of reasons that have already been touched on by others. The importance of redeveloping that neighborhood for a property that has sat empty for an extraordinarily long period of time. It is such a small lot at 0.4 acres; it is less than 36,000 SF. The land to building ratio size means that somebody is going to locate there means that it would be at most a 15,000 SF manufacturing facility that is locked in; it is in a residential neighborhood. The odds of finding anyone are incredibly low and we have proven it by having an unused parcel for such a long period of time. He hopes that the Commission will approve the change in use because it really is important for the City of Dover to have locally owned businesses inside its City rather than simply outside entities building yet another corporate chain restaurant on Route 13. Mr. Jeff Niezgoda – 126 Downes Drive Hartly, DE 19953 Mr. Niezgoda stated that as Mr. Legans mentioned, the multi-modal component and the connectivity exists with this opportunity at this site: both with the Senator Bikeway that was recently completed that is an east to west connection through Dover as well as the Capital City Trail that also provides opportunity from multi-modal connectivity from the Air Base, Camden- Wyoming, Downtown Dover and all of the extremes around. Other opportunities that have cropped up similar to this around other trails adjacent to railroad corridors or business opportunities that have opened up adjacent to railroad corridors similar down in Georgetown and Lewes where they are building a Georgetown-Lewes Trail. There have been a lot of restaurants and breweries that have been very successful. He has been a resident of Delaware for approximately 55 years. Mr. Cameron Llewellyn – Tidemark Construction 117 West Reed Street Dover, DE 19901 Mr. Llewellyn stated that he and his wife own Tidemark Construction located at 117 West Reed Street and also My Roots that is located at 9 West Loockerman Street. They fully support rezoning this property. Our colleague Mr. Rob Pierce in Milford, DE has at the former Southern States property in Milford a doggie day care. He does not believe that a bike lane was intended for industrial workers to ride their bikes to work; he believes that it was for space making. As an industrial and commercial contractor, he sees this as an opportunity to change the use of this piece of dirt and make it something good for Downtown Dover. Where it is located is a gateway Excerpt of Planning Commission Meeting of February 16, 2021 Page 5 of 10 Page 283

Item #7. into Dover and when people come across those railroad tracks and see this, they think that this is an urban area that wants young professionals to congregate and not for vacancy. To echo the comments of some of the earlier Planning members, Mrs. Melson-Williams and Mrs. Townshend did a lot of work to put that DDD Grant together and there are not huge corporations that are going to come in and chase Downtown Dover for 0.8 acres. He will make comments here about Constitution Yards in Wilmington, DE and the Crooked Hammock. Those are all economically viable entities and they bring people to places that they normally wouldn’t go. He and his wife fully support this. Mr. Todd Stonesifer – 115 North State Street Dover, DE 19901 Mr. Stonesifer stated that he is the President of the Downtown Dover Partnership; he is a founding member of the organization known as Destination Downtown Dover; and he is a member of the Greater Kent Committee. He states for the record, that he does not represent any of those entities as he speaks tonight but more appropriately, he shows his passion for the area. He spent a lot of time working with the revitalization of this area. He also owns multiple properties in the Downtown area: 115 North State Street, 110 North American Avenue, and 27 West Loockerman Street where his business is located. That business is real estate brokerage. He works in this neighborhood and he thinks that it is appropriate to recognize many of the changes that this neighborhood is currently going through by the efforts of organizations like NCALL and Habitat for Humanity. We are seeing the neighborhood turn into a primarily owner occupied residential area versus a primarily tenant occupied area. This has social benefits that far outweigh anything that anybody can throw at you. Many of these homeowners do desire a place where they can walk and feel safe and have a good time and get a meal. From what Mr. Legans has told him, this is absolutely what this area needs. You are going to hear two key points that these economic development entities in Kent County desire and that is quality of life and that we are also targeting industrial and manufacturing. Both are excellent ideas for growth here in Kent County and in Dover specifically. With regards to the property here, he is going to echo what everyone else has said. It is not big enough to attract a viable industrial purchaser. The properties surrounding it are going to be much better suited to attract those people. Finally, he thinks what the Commissioners have to weigh is which one of these uses is going to be the highest and best use for this specific piece of property. Based on his experience and the work that he does in all levels, voluntarily and professionally, he sees this as being a true benefit to the area and to Downtown and to his personal life because he will get to walk to it and enjoy it himself. Mrs. Lord stated that she used to live in a town in Virginia that wasn’t too different from Dover. It was sleepy and they kept trying to wake it up and nothing worked. It took one business, in fact very much like this one, that woke up this town (Leesburg, VA) and now it is a thriving family friendly and multi-friendly place where people just come and spend their money. She really thinks that this might be a turning point for Dover, something that she has personally been looking for since she moved here 6 years ago. Mrs. Theo Braunskill – (was unable to speak due to technical issues/ used Chat) Mrs. Melson-Williams state that Mrs. Braunskill is noting that she is a member of the community. Her letter notes that the Braunskills live at the corner of West Street and Fulton Street. Her family has lived in the neighborhood for more than 100 years and they still live there. Her neighbors may be reluctant and skeptical of a new business. They have had their share of Excerpt of Planning Commission Meeting of February 16, 2021 Page 6 of 10 Page 284

Item #7. things like drugs, slumlords and the eye sore of the recycling facility but they are ready to move past all of that and learn to heal and replace those scars with a positive and refreshing business. They have to embrace new and they have new housing in our community that has increased our property values. She knows that if we don’t continue to make change that things will remain the same. She notes to make sure that they remember that we are a City, the capital of the First State of Delaware and that use is going to do FIRST things. She notes that we have to be welcoming to tourists and our “out of state” visitors and we have a responsibility for our future generations. She is in full support of a new restaurant and it would be a well-needed boost. She is particularly supportive because she has hopes and dreams of turning the warehouse/building next door into a Railroad Museum that would fit nicely together, a restaurant and a museum. She further states that they love Dover and believe that this restaurant will be an asset to our community and the City of Dover. Ms. Linda Parkowski – Kent Economic Partnership Ms. Parkowski questioned if Dover needs something like Mr. Legans is proposing. Absolutely, there is no question that Dover and Downtown Dover needs something vibrant as Mrs. Lord stated, that would be even just the start to everything happening in Dover. The concern that the KEP has is that they have lost so many industrial sites along the rail corridor all throughout the County. COVID has actually changed a couple of things as far as people wanting rail sites. The supply chain is different than what it was. Having said that, everybody will say this site is too small. You could combine it with what land is across the railroad, combine it with the parcels around it, and it would be able to support all kinds of projects that could contribute to the quality of life. They are asking the Commissioners not to change the Comprehensive Plan zoning designation of Industrial. They implore you to keep the Industrial zoning designation because they feel that the rail corridor is such a precious commodity that they are not building anymore rail. What we have is what we have, and we have to preserve the Industrial zoned land all along the corridor. She has told Mr. Legans that she is more than happy to work with him if he wants to find an alternate site in the Downtown area and they will be in support of it because they do believe that this is needed in Dover. Mrs. Maucher closed the public hearing. Mrs. Welsh questioned if Ms. Parkowski could clarify her reasoning for not supporting this application. Do we need land along the railroad corridor abutting the railroad in a continuous path? Responding to Mrs. Welsh, Ms. Parkowski stated that any industrial zoned land that is currently existing along the railroad, they do not want to see it rezoned for other uses. The industrial rail land has become much more valuable. She knows that this parcel sat for 6 years but post-COVID is going to be a whole different world for industrial rail land. The last two large projects that came into the Dover area all needed rail. She addressed the size earlier, but they have had inquiries where people need an acre for what they want to use rail for. She has a project right now that probably would have gone in the Southern States Building had it been available. They are opposed to rezon