Anexo

CITY OF DOVER PLANNING COMMISSION AGENDA Monday, March 17, 2014 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of February 18, 2014 ADOPTION OF MINUTES OF QUARTERLY WORKSHOP MEETING of February 19, 2014 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, April 21, 2014 at 7:00pm in the City Council Chambers. 2) Update on City Council Actions 3) Update on Planning activities 4) Education & Training Opportunities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None 2) Revision to Development Applications: a) C-10-05 New Dover High School: Revision to Sidewalk – Revision of sidewalk network design for the New Dover High School. The property is zoned R-10 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of Forrest Avenue and east of Dover High Drive. The owner of record is the Capital School District. Address: 1650 Forrest Avenue. Tax Parcel: ED-05- 076.00-02-07.00-000. The Planning Commission conditionally approved Conditional Use Site Plan C-10-05 on December 20, 2010, Final Site Plan Approval was granted to S-11- 18, and approval granted to a Revised Parking Justification and Waiver Request for Parking Justification on October 21, 2013. NEW BUSINESS

City of Dover Planning Commission Agenda Public Hearing: March 17, 2014 Page 2 of 2 NEW DEVELOPMENT APPLICATIONS 1) S-14-04 Kent County Community School Additions at 65 Carver Road and 901 Forest Street – Public Hearing and Site Development Plan Review to permit the construction of building additions totaling 18,280 S.F. between two buildings with the associated site improvements on a 45.46 acre parcel. The building additions consist of 2,640 S.F. to the Kent County Community School at William Henry Middle School and 15,634 S.F. to Booker T. Washington Elementary School. The property is zoned I-O (Institutional and Office Zone) and subject to the COZ-1 (Corridor Overlay Zone 1). The property is located on the north side of Forest Avenue between Weston Drive and Carver Road. The owner of record is Dover Special School District (Capital School District). Property Addresses: 65 Carver Road, 901 Forest Street. Tax Parcels: ED-05-076.07-01-55.00-000, ED-05-076.07-01-65.00-000, ED-05-076.07-01-66.00-000, and ED-05-076.08-01-28.00-000. Council District 4. 2) S-14-05 Winner Volkswagen Showroom at 1387 North DuPont Highway – Public Hearing and Site Development Plan Review to permit the construction of a new 20,178 S.F. showroom and service building adjacent to an existing showroom building with associated site improvements on a 5.505 acre parcel. The property is zoned C-4 (Highway Commercial Zone) and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and northwest of the entrances to Dover Mall. The owner of record is 1387 DuPont Highway, LLC c/o Michael Hynansky and lessee is Winner Dover 1387, LLC c/o Michael Hynansky. Property Address: 1387 North DuPont Highway. Tax Parcel: ED-05-057.00-01-15.00-000. Council District 3. Waivers Requested: Reduction of Arterial Street Buffer, Consideration of Tree Mitigation Plan. 3) SB-14-01 Dover Mall at 1365 North DuPont Highway: Minor Subdivision Plan – Public Hearing and Minor Subdivision Plan Review to create three (3) lots from an existing parcel totaling 149.3225 acres +/- of land. The lots proposed are Lot 1 of 53.1704 acres, Lot 2 of 30.7046 acres, and remaining residue land of 65.4475 acres. The property is zoned SC-3 (Regional Shopping Center Zone) and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway. The owner of record is Dover Mall, LLC. Property Address: 1365 North DuPont Highway. Tax Parcel: ED-05-057.00-01-14.00. Council District 3. Waiver Requested: Subdivision Waiver of Requirement for Lot Frontage on a Public Street. ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Agenda: posted March 7, 2014 at 12:00 noon

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 5, 2014 PLANNING COMMISSION MEETING March 17, 2014 Plan Title: Kent County Community School Building Additions at William Henry Middle School and Booker T. Washington Elementary School S-14-04 Plan Type: Site Plan Applicants/Owners: Dover Special School District (Capital School District) Location: North side of Forest Street just east of Carver Road and Saulsbury Road Addresses: 65 Carver Road and 901 Forest Street Tax Parcels: ED-05-076.07-01-55.00-000 ED-05-076.07-01-65.00-000 ED-05-076.07-01-66.00-000 ED-05-076.08-01-28.00-000 Site Area: 45.46 acres +/- Zoning: IO (Institutional and Office Zone) COZ-1 (Corridor Overlay Zone) Present Use: Schools Building Areas: Kent County Community School existing - 29,716 S.F. Kent County Community School addition – 2,640 S.F. Booker T. Washington Elementary School existing – 53,055 S.F. Booker T. Washington Elementary School renovation area – 19,900 S.F. Booker T. Washington Elementary School addition – 15,634 S.F. William Henry Middle School – existing (no change) Sanitary Facilities: City of Dover Water Supply: City of Dover P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 5, 2014 APPLICATION: Kent County Community School Building Additions at William Henry Middle School/ Booker T. Washington Elementary School FILE #: S-14-04 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE #: 302.736.7196 PLAN SUMMARY This is a Site Development Plan Review to permit the construction of building additions totaling 18,280 S.F. between two buildings with the associated site improvements on a 45.46 acre parcel. The building additions consist of 2,640 S.F. to the Kent County Community School at William Henry Middle School and 15,634 S.F. to Booker T. Washington Elementary School. The property is zoned I-O (Institutional and Office Zone) and subject to the COZ-1 (Corridor Overlay Zone 1). The property is located on the north side of Forest Avenue between Weston Drive and Carver Road. The owner of record is Dover Special School District (Capital School District). Property Addresses: 65 Carver Road and 901 Forest Street. Tax Parcels: ED-05-076.07-01- 55.00-000, ED-05-076.07-01-65.00-000, ED-05-076.07-01-66.00-000, and ED-05-076.08-01- 28.00-000. Previous Applications In December 2010, The Planning Commission granted conditional approval to a Site Development Master Plan (S-10-31) for the William Henry Middle School and Booker T. Washington Elementary School campuses. The Master Plan outlined three phases of site improvements to reconfigure site access and circulation, bus and parent drop-off areas and parking facilities as well as an increased number of parking spaces, and other associated site improvements. The Administrative Site Plan of the construction activity details for Phase 1 of the Master Plan was granted approval on June 27, 2011 and constructed in 2011. Construction included pedestrian amenities, stormwater management improvements, landscaping, new bus drop-off areas and parking lot reconfiguration. The Administrative Site Plan S-11-23 for Phase 2 was approved June 21, 2012. Project work included the construction of a connection to Weston Drive. The opening of this connection to Westin Drive is subject to the completion of the signalization project at intersection of Weston Drive and Route 8/Forrest Avenue.

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 3 of 8 Phase 3 of the Master Plan (S-10-31) which consists of a proposed connection to Clara Street Extended has not completed the Administrative Site Plan review process for construction. Prior to implementation of this plan phase, a condition is that a warrant study must be conducted and that this connection only be constructed if the results of the study confirm the need for the interconnection. PROJECT DESCRIPTION This Site Plan outlines two building addition projects on the campus. An addition of 2,640 S.F. is proposed at the main building of the Kent County Community School. Then at the Booker T. Washington Elementary School renovations will reopen the original section of the school building along with a 15,634 S.F. building addition. Site improvements are limited to sidewalk reconfigurations, tree plantings, and improvements to manage of roof drainage. COZ-1: Corridor Overlay Zone The parcels involved with this application are within the COZ-1 (Corridor Overlay Zone). Specifically, the location of Booker T. Washington Elementary School places it within the COZ- 1; therefore, its project site area will be evaluated for compliance. The Zoning Ordinance details the requirements of the COZ-1 in Article 3 §27 and its subsections. The Corridor Overlay Zone as a planning and growth management tool is designed to foster and attractive, efficient, and economically vibrant commercial corridor along Route 8/Forrest Avenue and Saulsbury/McKee Roads. To this end, more stringent standards are applied to commercial development taking place in the corridor. A discussion of the provisions of the COZ-1 which apply to this application follows below.  The COZ-1 specifies a required front yard setback for non-residential properties in this segment of the corridor; therefore, a minimum setback of twenty (20) feet with a maximum setback of thirty (30) feet is required. It is noted that the existing school placement pre-dates the COZ-1 zone; however, the proposed addition does bring the building closer to compliance.  The existing building sits parallel to the road with the longest side facing the road achieving this design concept.  The existing parking lot layout/arrangements comply with the exception of a pre-existing parking lot at the corner of Weston Drive and Forrest Avenue.  A landscaped buffer (varying width and yard areas) and sidewalk combine to meet what is required between the building and parking/drive aisles.  Building (existing and the additions) complies with the allowable number of stories in the COZ-1.  The proposal meets the requirement that 25% of the lot consist of landscaped open space. As shown 67.1% of the lot is open space.  The Forrest Avenue frontage is required to have a landscaped open space of 25 feet and provide one tree per 50 (fifty) feet of frontage. (See Landscape discussion)  Non-frontages (side and rear yards) comply with landscaped open space of 15 feet when adjacent to residential uses and landscaped open space of 5 feet when adjacent to non-residential uses and to provide one tree per 75 (seventy-five) feet.  The building shall have a corridor elevation with specific architectural features (See Building Architecture discussion). BUILDING ARCHITECTURE The Plan submission includes the requisite Architectural Elevation drawings presenting elevations of the building addition to Booker T. Washington Elementary School. See attached elevation color renderings and site plan drawings for detailed information on building

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 4 of 8 dimensions, locations, and material choices. The addition to the Kent County Community School main building is an infill area expansion of 2,644 SF on the east side of the building. This building is subject to the Architectural Review requirements found in Article 3 §27.69 for properties located within the Corridor Overlay Zone. See text below. 27.69 Architectural Review. The side of any building which faces the corridor (or corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the corridor, and the corridor elevation shall contain architectural elements traditionally associated with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this ordinance. A “functioning window” shall be defined as a window which lets light into the interior of the structure, and is integrated and related to the interior layout of the space. In addition to functioning windows, the corridor elevation shall have the following elements: a) A primary entrance door or doors (except for loading doors). b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar feature. In addition, the corridor elevation shall have one of the following elements: a) Landscaping integrated into the building design concept. b) Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features. c) Architectural relief, such as vertical and horizontal off-sets in exterior wall elevations, band courses, lintels and sill courses, cornices and the like to create shadow lines. As currently proposed, the corridor elevation of this building with the addition includes a series of existing and proposed windows and a glass storefront window system which qualify as functioning windows. With the architectural elevations showing the re-establishment of the historic porch entrance, this project is in compliance with the code requirement. The plan as submitted complies with the second requirement of the corridor elevation (items a, b and c) by providing tree and shrub plantings immediately adjacent to the front of the building, the portico connecting walkway between sections of the building, and also providing a variety of architectural relief on the corridor façade (material changes, cornice and watertable detailing, etc.). PARKING SUMMARY The Site Plan shows the existing parking facilities and drive aisle configuration implemented with the construction of Phases 1 and 2 of the Master Plan. This project does not alter or add parking to the site. A series of sidewalk changes are proposed on the south side (Forrest Avenue frontage) of Booker T. Washington Elementary School to address ADA access to the original BTW Building section and to coordinate with the building addition. Per the most stringent application of the Zoning Ordinance, the site would be required to provide a total of 858 parking spaces based upon the total building square footage including these proposed additions. (When calculated by square footage, the additions would require sixty-one (61) parking spaces.) Parking for schools at a minimum is based on the number of seats in the

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 5 of 8 auditorium, cafeteria, or gym space (rate of one parking space per eight (8) seats). Currently, the site provides a total of 394 parking spaces and 27 bus parking spots. The deficiency in required parking spaces is considered an existing non-conformity on the site. Bicycle Parking The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. Based on the number of parking spaces at 394 spaces, a minimum of twenty (20) bicycle parking spaces are required. The Plan should clarify the location of bicycle parking racks at each building. SITE CONSIDERATIONS Entrances The site is accessed from Carver Road and will be accessible from Weston Drive upon completion of the signal installation. No vehicle access from Forrest Avenue (Route 8) is provided or proposed. Lighting In the project area, several light bollards will be added along the entrance sidewalk pathways. The existing parking lots include lighting. Dumpster Dumpsters are required at a rate of one per 40,000 square feet of floor area for institutional uses like schools; therefore this site requires at least seven (7) Dumpsters. A system of trash collection exists for each building. The number and location of dumpsters on site is considered to be an existing condition for this application and is not required to be altered unless a deficiency is found in regards to trash services. Sidewalk Sidewalk is required along all street frontages. Sidewalks are already present along Carver Road, Weston Drive, and Forest Street. At all entrances and locations where improvements are made that include sidewalk, the new sidewalk and/or entrance must meet the ADA standards for handicap accessibility. A new sidewalk path system links the street frontage sidewalk to the original section of the BTW Building. Curbing Parking areas and access drives are required to have upright curbing (Zoning Ordinance, Article 6 §3.6). Currently, the plans show portions of the site as containing upright curbing. With previous Site Plans (S-10-31) for this school campus, the Planning Commission granted approval to eliminate curbing for stormwater management practices. This project makes no improvements requiring curbing. TREE PLANTING AND LANDSCAPE PLAN One (1) tree is required for every 3,000 SF of lot area. The Landscape Plan outlines the tree planting requirement showing a “project area” based on land disturbance for this proposed project. The applicant currently shows a project area is listed as 271,724 S.F. that equates to a proposed eighty-four (84) tree plantings. New plantings of Red Maples, Pin Oaks, Willow Oaks, River Birch trees, and Crabapple trees are group south of the Booker T. Washington Elementary

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 6 of 8 School Building. Also forty-two (42) existing trees in the project area are counting towards tree planting requirements Landscape Buffer and Opaque Barrier The southwestern most corner of the subject property abuts at least one residential property. Zoning Ordinance, Article 5 Section 7.2 requires buffering when a non-residential use abuts a residential use. The previously the Planning Commission granted approval to eliminate the fence component of the opaque barrier only requiring implementation of the landscape buffer component. A mix of deciduous and evergreen trees were planted in this area for compliance COZ-1 Landscaping Requirements The COZ-1 requires that a minimum of 25% of the site be landscaped open space. For the overall campus, approximately 67.1% is open space. Trees are utilized for the landscaping within the parking lot islands. Article 3 §27.53 C requires a landscaped buffer area of twelve (12) feet in width between the building and the parking lot or drive areas inclusive of a minimum six (6) foot wide sidewalk; this occurs on the north side of the BTW Building and is existing. The COZ-1 (Corridor Overlay Zone –1) also includes specific tree planting requirements along property lines. One tree per fifty feet of frontage is required. A series of trees are shown along the frontage of Forrest Avenue. One tree per 75 feet is required on the non-frontage perimeters within the COZ-1 and met by existing trees. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Final Plan set must include notes indicating the action taken by the Planning Commission in regards to any waivers and listing any additional conditions of approval. The plan set is be revised to reflect all changes recommended by the Planning Commission. 2) Sheet C-001, Cover Sheet: a) The Site Data Column on the Cover Sheet will need to be updated with the following: i) List all tax parcels involved in project site. ii) Item #10: Check building addition sizes. KCCS is listed as 2,645 SF on the plan drawings. Check the existing building size of BTW and the BTW Additions total 16,486 SF on the plan drawings; you may need to also list as a separate line the area of the portions of the building being demolished. iii) Confirm the total square footage used for the parking calculations and round-up the number parking spaces. iv) Item #12: 22 handicapped parking spaces are shown on the plans. v) Item #14: Add tree planting calculations to this listing. b) Show the boundaries of the parcel that make up these school sites. c) Check labeling of the perimeter metes and bounds (all segments are listed as 6711.22’ in length). d) The COZ-1 front yard setbacks are labeled but the line work is not shown.

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 7 of 8 e) Update owner information in owner’s certification note. f) Label the size of each proposed site area for this project. g) Sheet Index: Lists L-102 which was not included in the plan submission. 3) Add north arrows to each plan sheet. 4) Sheets C-101 and C-102: Check Demolition Construction Notes for if notes R-8, R-9, and R- 10 are being utilized with this project. 5) Sheets C-201 and C-202: a) Add label for widths of proposed sidewalks. b) Check building area labels with data column listings on Sheet C-001. c) Provide setback measurements to front or side property line for the building additions. d) Check note labels and tie lines for notes G-1 placed in the front area of the existing BTW Building. e) Drawing appears to be missing line work for edge of sidewalks. 6) Sidewalks and entrance locations must be ADA compliant design standards. Handicap access, crosswalks, etc. must be implemented on all new or improved sidewalks. 7) Identify the number and location of existing bicycle parking spaces on the campus. Add calculation listing to the Site Data Column. 8) Provide construction details for the following items but not limited to: barrier free sidewalk, lighting fixtures, bike rack, etc. in the Site Plan. 9) Revise the following items on the Landscape Plan Sheet: a) Check the Pin Oak tree count. b) Ensure that tree and other plantings do not conflict with utilities lines such as sewer, water, stormwater, etc. and that separation distances are maintained. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Staff recommends the installation of a bicycle parking rack accommodating several bicycle parking spaces be added to the site in the vicinity of the original Booker T. Washington Elementary School historic porch entrance façade area. This would accommodate bicycle users when this entry is utilized for special events or activities. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) For building construction, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and Fire Marshal for these

S-14-04 Kent County Community School Building Addition at William Henry Middle School and Booker T. Washington Elementary School DAC Report of March 5, 2014 Page 8 of 8 requirements. The resolution of these items may impact the site design including such items as building setbacks, building dimensions and height, building openings, and fire protection needs, etc. 3) In the event, that major changes and revisions to the Site Plan occur in the finalization of the Site Plan contact the Planning Office. Examples include building revisions, relocation of site components like stormwater management areas, and significant site design changes. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 4) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meeting and permits are required. 6) Construction may have an effect on the adjacent property owners and nearby travel lanes. Any work requiring the closing or rerouting of potential customers, residents, or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners. 7) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. 8) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover for each building addition project (2 projects). The Building Permit submission must comply with the conditions of approval of the pertaining to the architectural requirements of the COZ-1. 9) The applicant is reminded that prior to construction of Master Plan Phase 3 (S-10-31) submission and review of an Administrative Site Plan is required. Also as a conditional of approval of the Master Plan a warrant study must be conducted and that the connection to Clara Street Extended only is constructed if the results of the study confirm the need for the interconnection. 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.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 26, 2014 APPLICATION: Kent County Community School Additions 65 CARVER RD & 901 FOREST ST. FILE #: S-14-04 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Aren Wright - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Kent County Community School Additions File #: S-14-04 February 26, 2014 Page 2 of 4 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. Please note that the water service located within the property will be owned, maintained and operated by the owner. 3. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. All water meters shall be installed outside, in a meter pit or vault, on the domestic water service, in a non-traffic bearing location (which includes vehicular, bicycle and pedestrian traffic). Also, a dual check valve is required downstream of the meter. 4. Each water service line from the main to a property or principle structure shall be metered by a single water meter so as to control the entire domestic supply. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Any existing water utility lines not to be utilized by the proposed project shall be properly abandoned at the mains by the developer / owner. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 3. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 4. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 5. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 6. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 7. Any existing wastewater utility lines not to be utilized by the proposed project shall be properly abandoned at the mains by the developer / owner.

Kent County Community School Additions File #: S-14-04 February 26, 2014 Page 3 of 4 STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. No additional stormwater runoff will be allowed to enter the City of Dover stormwater infrastructure. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. SANITATION / GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No structures, including permanent signage, may be located within ten feet (10’) of underground utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site.

Kent County Community School Additions File #: S-14-04 February 26, 2014 Page 4 of 4 STORMWATER / STREETS / GROUNDS 1. None SANITATION 1. The solid waste on this property shall be served by a private contractor. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. The applicant is advised that the existing private utilities located on site shall be verified for accuracy prior to final design submission. 3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. 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 .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: 03/05/14 D S O H V A E L R APPLICATION: 65 Carver Rd and 901 Forest St FILE #: S-14-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Deputy 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: Proposed buildings are Educational. Primary fire lanes are required to be 24 feet wide and cover the side of the building that has the primary entrance and exit. Secondary fire lanes can be reduced to 16 feet wide. Both can be no closer than 10 feet to the building and no farther than 50 feet from the building. Fire lanes shall cover 50 % of the proposed building. Any gas fired HVAC equipment must be equipped with emergency cut off switches remotely located. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. Full building and fire plan review is required. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. All required means of egress shall have an exit discharge consisting of a non slip surface, and leading to and terminating at a public way.

When current proposed renovations are complete, Booker T. Washington will be at 88,589 square feet. If the building reaches 100,000 square feet, building shall meet the requirements of Large Area Buildings per Delaware State Fire Prevention Regulations 2009. At that time a Fire Command Center will be required. Sprinkler system required. Sprinkler system is to be monitored. Fire Department connection is to be located within 50 feet of the main entrance. Fire Department connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. Fire alarm system required. Knox Box required. Project to be completed per approved Site Plan. Proposed demolition and addition are not to interfere with existing school fire alarm, fire suppression, and means of egress while in session. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: Installation of pull station covers in the Kent County Community School We have had a problem regarding storage in the Kent County Community School, please consider adding storage areas during this project and/or future projects. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Educational Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: February 26, 2014 T =============================================================== APPLICATION: Kent County Community School Additions at 65 Carver Road and 901 Forest Street. FILE#: S-14-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. The department has no comments for the proposed addition. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 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.

CITY OF DOVER Dover/Kent County DEVELOPMENT ADVISORY COMMITTEE Metropolitan APPLICATION REVIEW COMMENTARY Planning Organization D.A.C. MEETING DATE: 10/9/13 APPLICATION: Kent County Community School Addition at 65 Carver Road & 901 Forest Street FILE #: S-14-04 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 3/17/2014 Project Review S-14-04 Kent County Community School Addition at 65 Carver Road & 901 Forest Street The site is accessible by DART bus as well as school bus. There is a good pedestrian network in the area and between schools. The new traffic light to provide access to the Booker T Washington School complex will be installed this spring. There is going to be an additional entrance to a currently closed portion of the BTW School remote from the school entrance. The District should consider placing bicycle parking facilities at the new entrance. 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.

City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 5, 2014 PLANNING COMMISSION MEETING OF March 17, 2014 Plan Title: Lands of Dover Mall L.P. at 1365 North DuPont Highway SB-14-01 Plan Type: Minor Subdivision Plan Property Location: East side of North DuPont Highway, North of College Road and South of Rustic Lane Tax Parcel Number: ED-05-057.00-01-14.00-000 Owner: Dover Mall L.P. C/O Simon Property Group Site Area: 149.3225 acres +/- Parcels to be created: Lot 1: 53.1704 acres +/- Lot 2: 30.7046 acres +/- Residual (Dover Mall): 65.4475 acres +/- Existing Sewer & Water: Water: City of Dover Sewer: City of Dover Zoning Classification: SC-3 (Regional Shopping Center Zone) SWPOZ (Source Water Protection Overlay Zone) – Tier 3 Waivers Requested: Waiver of Requirement for Lots to Have Frontage on a Public Street P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 5, 2014 APPLICATION: Lands of Dover Mall L.P.: Minor Subdivision FILE #: SB-14-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Ann Marie Townshend, AICP PHONE #: (302) 736-7196 PLAN SUMMARY This Minor Subdivision Plan proposes to create three (3) parcels of land from the existing 149.3225-acre +/- parcel of the Dover Mall. The parcel will be subdivided into a 53.1704-acre +/- parcel, a 30.7046-acre +/- parcel, and a 65.4475-acre +/- parcel. The property is zoned SC-3 (Regional Shopping Center Zone), and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The property is located on the east side of North DuPont Highway and south of but not adjacent to Rustic Lane. The owner of record is Dover Mall L.P. Address: 1365 North DuPont Highway. Tax Parcel: ED-05-057.00-01-14.00-000. Council District 3. The property includes the existing Dover Mall. Within the larger Dover Mall parcel, three parcels are carved out for the anchor tenants of Sears, Boscov’s, Macy’s, and JC Penney. The parcels for JC Penney and Boscov’s include the parking areas associated with these anchors in addition to the building area. The Minor Subdivision Plan proposal would strike a lot line in a north/south direction east of the Dover Mall building and parking area and another lot line perpendicular to and extending eastward from this line, to create three separate parcels out of the Dover Mall parcel. The two parcels created on the east side of the property are currently undeveloped. There is no development proposed as a part of this application. In order to subdivide the property, the plan review must ensure that the subdivision does not create any non-conformities with the bulk standards of the Zoning Ordinance. These bulk standards include minimum lot size, front yard setbacks, side yard setbacks, rear yard setbacks, floor area ratio, etc. 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. 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. 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

SB-14-01 Lands of Dover Mall L.P., 1365 North DuPont Highway: Minor Subdivision DAC Report of March 5, 2014 Page 2 Lot Expansion, and S-97-6 Building Addition at former Leggett’s (now Macy’s location). PROPOSED SUBDIVISION PLAN: This proposal is to divide the property into three parcels. Lot 1 would consist of 53.1704± acres of land on the northeast side of the property. This includes the pan-handle area that runs east of DuPont Manor and consists of a large woodland area. Lot 2 would consist of 30.7046± acres on the southeast side of the property. The area that would comprise Lots 1 and 2 is currently undeveloped. The residual lot would include 65.4475± acres currently developed as the Dover Mall and associated parking areas. The procedures for subdivision of land are found in the Land Subdivision Regulations. Planning Staff confirms this application as a Minor Subdivision. Therefore, the Planning Commission may find the application is subject to one public hearing and review for action by the Planning Commission followed by the administrative process to complete the Final Plat for recordation. This subdivision of land and any future development or use of the parcels are subject to the requirements found in the City of Dover Zoning Ordinance, Article 3 §17 and referenced sections outlined in the permitted uses for the SC-3 (Regional Shopping Center Zone) and the provisions of Article 3 §29 regarding the SWPOZ (Source Water Protection Overlay Zone). Parcel Considerations For the Minor Subdivision Plan, the proposed parcels must be in compliance with these and other requirements of the Zoning Ordinance. The following table highlights some of the bulk requirements for the SC-3 (Regional Shopping Center Zone). NOTE: This chart is not an all- inclusive listing of the code requirements, but is provided as summary information on some development requirements. Minimum setback from: SC-3 Street right-of-way 100′ Nonresidential zone 100′ Residential zone 200′ The SC-3 Zone also requires that the property be a 50-acre contiguous area. While the one of the lots created would be less than 50 acres, the Zoning Ordinance does not specify a minimum lot size, but indicates contiguous area. Therefore the proposed parcels meet this requirement. Uses on the property must also comply with the use requirements of the SC-3 Zone. SWPOZ (Source Water Protection Overlay Zone) A small portion of the residual parcel is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3 Section 29.7 of the Zoning Ordinance. This portion is located along the frontage of U.S. Route 13. Any development within this area shall comply with the use and coverage requirements specified in Article 3 Section 29.7 of the Zoning Ordinance.

SB-14-01 Lands of Dover Mall L.P., 1365 North DuPont Highway: Minor Subdivision DAC Report of March 5, 2014 Page 3 Site Considerations With the appearance of this application before the Planning Commission other site improvement elements must be reviewed for compliance with the Zoning Ordinance. These items include access, parking, bicycle parking, sidewalks, woodland preservation, tree plantings, etc. There are a number of non-conformities on the property which are recognized as existing conditions. Currently, the Dover Mall has more parking spaces than permitted by the Zoning Ordinance. Additionally, the Dover Mall was constructed prior to current tree planting requirements. As portions of the mall have redeveloped, a project area is defined for which compliance with tree planting requirements has been required. As there is no actual development proposed with this application, the existing conditions are accepted. Future applications for development may require that non-conformities be brought to the standards applicable at the time of such application. Access Currently, all access to the subject property is through two access drives connecting to North DuPont Highway (U.S. Route 13). The two parcels created on the east side of the subject property would not have frontage on a public street and would therefore take access through the residual parcel and/or potentially other surrounding properties. According to the Zoning Ordinance, Article 8 §1: 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. In order for a Building Permit to be issued in the future for either Lot 1 or Lot 2, frontage upon or legal access to a public street shall be required. Therefore, in the absence of direct access to a public street, easements are required to ensure permanent access to the satisfaction of the Planning Commission prior to development of Lots 1 and 2. Waiver Requested: Creation of Lots without Frontage on a Public Street As proposed, the subdivision would create two lots without frontage on a public street. In the waiver request submitted by the applicant, the applicant states that proposed Lots 1 and 2 have frontage on State Route 1. The proposed Lot 2 does not have frontage on State Route 1. Additionally, the purpose of the requirement for frontage on a public street is to ensure access to lots created. As State Route 1 is a limited access highway where direct access is not permitted, frontage on State Route 1 is not deemed adequate to meet the requirements of the Land Subdivision Regulations. According to the Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots: All lots in a subdivision shall have frontage on a public street. According to the Subdivision Regulations, Article VII. Special Provisions, Section A. Variance

SB-14-01 Lands of Dover Mall L.P., 1365 North DuPont Highway: Minor Subdivision DAC Report of March 5, 2014 Page 4 and Waiver: 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. WOODLAND AREA The parcel identified as “Lot 1” includes a large woodland area. In 2007, the Planning Commission reviewed application S-07-44. This Site Plan was a clearing and grading plan for the eastern portion of the Dover Mall property. Under that plan 50 percent of the woodland existing at the time was cleared. This is the 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. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Plan will need to be updated to reflect any changes recommended or approvals by the Planning Commission and City Council (in reference to waiver request). 2) In the Data Column, please add the following information specific to the residual lot, listing the code requirement and the existing/proposed condition: a) Building height and number of stories b) Total Floor Area for each building and the Floor Area Ratio (FAR) c) Parking calculation and number of parking spaces by parcel d) Bicycle parking 3) The two lots proposed on the east side of the subject property do not have frontage on a public street. According to the Land Subdivision Regulations, Article VI. Subdivision General Requirements and Design Standards, Section E. Lots, all lots are required to have frontage on a public street. A waiver request was submitted to allow creation of two lots without frontage on a public street. The Planning Commission shall make a recommendation to City Council. This recommendation will be forwarded to the Safety Advisory and Transportation Committee, who will in turn make a recommendation to City Council. a) In order to grant a waiver of the requirement that all lots have frontage on a public street, the Planning Commission and City Council shall determine that compliance with the

SB-14-01 Lands of Dover Mall L.P., 1365 North DuPont Highway: Minor Subdivision DAC Report of March 5, 2014 Page 5 requirements of the ordinance would cause extraordinary and unnecessary hardship and that ” such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” (emphasis added) b) All necessary easements to provide access to the eastern parcels, including any access required for utility installation, shall be secured and incorporated into the Record Plan prior to approval of the Minor Subdivision for recordation. 4) The information on a cross easements, utility easements, and stormwater management are to be noted on the Final Plan. A copy of the documents must be submitted to the Planning Office upon recordation. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Waiver of Requirement for Lots to Have Frontage on a Public Street: In order for City Council to grant a waiver from the requirements of the Land Subdivision Regulations, the applicant must demonstrate that compliance with the requirements of the Regulations would cause extraordinary and unnecessary hardship, and that the variance or waiver “shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations.” a. Staff does not believe that the requirement that lots have frontage on a public street causes an extraordinary and unnecessary hardship for the property, but does acknowledge that this requirement causes difficulty in development of the rear portion of the Dover Mall property. b. Staff recommends that if the waiver is granted, the Planning Commission require cross access easements among all three lots (between the Residual Lot and both Lots 1 and 2; and between Lot 1 and Lot 2) so that permanent access to U.S. Route 13 is secured. Similar easements may also be required of the Boscov’s lot, the JC Penney’s lot, and the land leased from the State of Delaware on the northwest corner of the ring road. c. Staff recommends that these easements allow for the owners of each lot to make any improvements necessary to the internal circulation system, specifically to the Mall ring road and the access drives to U.S. Route 13, that would be required to improve this access to the satisfaction of the Planning Commission as specified in the Zoning Ordinance, Article 8 § 1, and to ensure that internal circulation and site access are beneficial to the public health, safety and general welfare. d. Staff recommends that the applicant be required to explore the feasibility of extending Rustic Lane to the proposed Lot 1. ADVISORY COMMENTS TO THE APPLICANT: 1) The subject property was the subject of a tree clearing and grading plan (S-07-44), in which 50% of the woodland area on the site was cleared. The clearing associated with this plan maximized the amount of woodland clearing permitted under Article 5, Section 16 of the Zoning Ordinance. Additional clearing for any future development of the northeast parcel

SB-14-01 Lands of Dover Mall L.P., 1365 North DuPont Highway: Minor Subdivision DAC Report of March 5, 2014 Page 6 will require a Tree Mitigation Plan to be reviewed by the Planning Commission as a part of the Site Development Plan application. 2) A Traffic Impact Study scoping meeting was recently held with DelDOT to discuss the scope of the traffic study that will be required for a subsequent development proposal on the proposed eastern parcels. Provided the subdivision application is successful, any subsequent development applications will be subject to the findings and improvements identified in the Traffic Impact Study. 3) This area is part of the 2007 North U.S. Route 13 Circulation Study. Any future development of the subject property may require construction of improvements identified in this Study. 4) The Planning Office encourages the applicant to work adjacent property owners to identify opportunities to extend road access to the proposed lots. 5) Development of the eastern parcels may require review through the Preliminary Land Use Service (PLUS) process. If the proposed development includes 150 or more residential units or 75,000 square feet or greater of non-residential use, review through the PLUS process is required prior to submitting an application for Site Development Plan. 6) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 7) In the event, that major changes and revisions to the plan occur in the finalization of the plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies making recommendations in regards to the plan. 8) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Final Plat may be submitted for final endorsement. 9) Upon final approval and endorsement, this Minor Subdivision Plan must be recorded at the Kent County Recorder of Deeds Office. 10) The applicant shall be aware that Minor Subdivision approval does not represent a Site Plan approval for development. A separate application process is required for Site Plan Review. 11) The applicant shall be aware that Minor Subdivision approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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.

February 27, 2014 Ann Marie Townshend 15 Loockerman Plaza Dover, DE 19901 RE: PROPOSED SITE PLAN/DOVER MALL Dear Mrs. Townshend: The Dover Police Department is strongly opposed to the current site plan submitted by the Dover Mall to subdivide property into three (3) parcels, two of which would have no direct access to a public street. The current plan shows using the same entrance/exit that patrons of the Dover Mall currently use. I understand that this subdivision would allow for future plans to add 700 residential units and a 295,000 sf building, a substantial increase to the already significant amount of traffic congestion at this location. In order for the Dover Police Department to support this site plan, the following revisions would need to take place: 1. The existing access road around the Dover Mall would need to be improved and maintained to include curbing on the inside to limit access points to the Dover Mall Parking lot. 2. Rustic Lane would need to be extended as an access point into the proposed apartment complex. If you have any questions or require additional information, please do not hesitate to give me a call. Sincerely, James E. Hosfelt, Jr. Chief of Police JEH/rmr

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 26, 2014 APPLICATION: Dover Mall, 1365 N. Dupont Hwy : Minor Subdivision Plan FILE #: SB-14-01 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Aren Wright - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 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 / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. Our office has no objection to the proposed minor subdivision. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 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 electric, 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 Department of Public Works standards and specifications. 2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards & Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook. 3. Please note that renovations 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 Public Works during the planning phase for this site. 4. This property does not have direct access to a public street, proper easements shall be obtained in order to access said streets at the sole cost of the applicant / owner. 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 .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: 03/05/14 D S O H V A E L APPLICATION: Dover Mall at 1365 N DuPont Hwy R FILE #: SB-14-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Deputy 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: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: The Office of the Fire Marshal has major concerns on access and egress at Lots 1 and 2. These concerns have been passed onto the Dover Fire Department and Dover Police Department. Considerations may include connecting Rustic Ln. to Lot 1 and making the entrances/exits and surrounding circle of the Dover Mall a City street compliant with City of Dover regulations. ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: February 26, 2014 T =============================================================== APPLICATION: Dover Mall at 1365 North Dupont Highway: Minor Subdivision Plan - Minor FILE#: SB-14-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. In order to be issued a Letter of No Objection (LONO) for this minor subdivision, the department will require the applicant to provide the proper forms, fees, and plans. 2. Call-out and show the proposed entrance location for Lot #1 and Lot #2 on the plot plan. Also, the finalized cross-access easement agreement and/or recorded deed must be provided to the Department prior to the issuance of the LONO. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 3. As part of the major residential subdivision, Signal Agreements will be required for the intersection of US Route 13 (KCR 002) and North Dover Mall Entrance re-alignment and other intersections. Also, the necessary rights-of-way and permanent easements (PE) dedication per the US Route 13 Circulation Study will be required as part of the major residential subdivision.

4. The department will require the applicant to provide the proper forms, fees, and plans in order to be issued a Letter of No Objection (LONO) and entrance permit for the north entrance re-alignment and the proposed major residential subdivision. 5. Prior to the issuance of the LONO for the major residential subdivision, the Traffic Impact Study (TIS) and the Noise Pollution Study must be completed by the applicant. 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.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY March 2014 APPLICATION: Dover Mall FILE #: SB-14-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 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: 1. Kent Conservation District has no objection to the minor subdivision of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project.  A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

CITY OF DOVER Dover/Kent County DEVELOPMENT ADVISORY COMMITTEE Metropolitan APPLICATION REVIEW COMMENTARY Planning Organization D.A.C. MEETING DATE: 10/9/13 APPLICATION: Dover Mall at 1365 North DuPont Highway: Minor Subdivision Plan FILE #: SB-14-01 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: James Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 3/17/2014 Project Review SB-14-01 Dover Mall at 1365 North DuPont Highway: Minor Subdivision Plan The Dover/Kent County MPO typically reserves comment on subdivision plans, but this is a substantial subdivision within the area of a study undertaken by the MPO. For this reason, the MPO chooses to provide information that may impact future plans. The Mall was a part of the North Dover Study completed by RK & K engineers for the MPO in late 2008. The Plan offered several improvements to the area around US 13 from Scarborough Road to Jefferic Boulevard. Several elements are of consequence to the project area if implemented. There is an access proposed along Route 1, from Exit 104 to a new alignment of Leipsic Road. A new access road from US 13 to the parking areas at the rear of the Mall and of Dover Downs would intersect with US 13 immediately adjacent to Dover Litho, between the Mall property and those owned by Dover Downs. Not as consequential to the subdivision is the realignment of the north Mall entrance. A copy of the Plan is available from Jim Galvin at the Dover/Kent County MPO, 302.387.6030. A copy of the “Consensus Plan” and the technical report for the North Dover Study are available from the MPO and will be provided at the DAC meeting of March 5. 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.

WAIVER REQUEST DOVER MALL / MINOR SUBDIVISION PUBLIC STREET FRONTAGE REQUEST: Waive the requirement that all lots shall have frontage on a public street. EXTENT OF THE REQUEST: The City of Dover Subdivision Code, Article VI § E.5 requires all lots shall have frontage on a public street. The two (2) parcels proposed have frontage on a public street, SR 1. Therefore, it is our opinion that the intent of the subdivision code is met, and a waiver is not required. The City of Dover Planning staff interprets the subdivision code to require all lots have access to a public street. BASIS FOR REQUEST: 1. The City of Dover Subdivision Code, Article VII § A.1 allows City Council to waive requirements of the subdivision code due to special conditions unique to the site, or the strict compliance with the code may cause extraordinary and unnecessary hardships. City of Dover Planning Commission will review the waiver and make a recommendation to City Council. 2. The following justifications are provided in support of the waiver: a. The proposed parcels are situated between the Dover Mall and SR 1. SR 1 is a denied access road. There are no other public streets that can be extended at this time to meet the code requirement. An unnecessary hardship would be created without the waiver in that extending a public street to serve the two parcels would require right-of-way from adjoining properties, which is beyond Dover Mall, LLC control. b. There are four (4) existing parcels (Boscov’s, Macy’s, Sears and J C Penny’s) at the Dover Mall that do not have frontage on a public street. The interior loop road serves as access to these parcels. Granting the waiver would be consistent with current access to other parcels at the Dover Mall. c. An agreement will be provided that permits the interior loop road to be used for ingress / egress for the proposed parcels. d. The 2007 US Route 13 Circulation Study identifies public service and connector roads to serve these parcels. At the time the proposed parcels develop, DelDOT will require right-of-way reservations for the service and connector roads. Although right- of-way will be dedicated, significant challenges remain to acquire right-of-way from the adjoining property owners necessary to implement the Consensus Plan. 200318213ak-waiver-public street frontage

City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 5, 2014 PLANNING COMMISSION MEETING OF March 17, 2014 Plan Title: New Volkswagen Showroom at 1387 North DuPont Highway S-14-05 Plan Type: Site Development Plan Applicants: Owner of Record: 1387 DuPont Highway, LLC Leasee: Winner Dover 1387, LLC (c/o Michael Hynansky) Location: East side of North DuPont Highway and northwest of the entrances to Dover Mall. Address: 1387 North DuPont Highway Tax Parcel: ED-05-057.00-01-15.00-000 Site Area: 5.505 acres +/- Zoning: C-4 (Highway Commercial Zone) Proposed Use: Auto dealership Building Areas: Existing Building(s) – 21,441 S.F. (Total) Auto Showroom/Service Building (18,465 S.F.), Auto Detailing Building (2,976 S.F) Proposed Building – 20,178 S.F. Auto Showroom/Service Building Impervious Areas: Proposed – 96% Floor Area Ratio: 0.17 Off Street Parking: Required – 209 parking spaces (maximum of 261 spaces) Existing – 51 marked parking spaces on site Proposed – 491 total parking spaces for customer & employee parking, car display, repair and inventory parking Sanitary Facilities: City of Dover Water Supply: City of Dover Waivers Requested: Consideration of a Tree Mitigation Plan Reduction of 30’ Arterial Street Buffer P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 05, 2014 APPLICATION: New Volkswagen Showroom at 1387 North DuPont Highway, Dover, DE FILE #: S-14-05 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Bill Cook, Planner PHONE #: 302.736.7196 PLAN SUMMARY This is a Site Plan to allow for the construction of a 20,178 S.F. auto dealership showroom/service building with the associated site improvements on a 5.505 acre parcel. The property is zoned C-4 (Highway Commercial Zone) and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and northwest of the entrances to Dover Mall. The owner of record is 1387 DuPont Highway, LLC c/o Michael Hynansky and lessee is Winner Dover 1387, LLC c/o Michael Hynansky. Property Address: 1387 North DuPont Highway. Tax Parcel: ED-05-05.-00- 01-15.00-000. Previous Applications S-02-15 is a Site Plan for the addition of buildings to the site which expired with no construction occurring. The existing detailing building was approved and built under Site Plan S-08-06 giving the site its present total of two buildings. Currently, a Building Permit application (Permit #14- 124) has been submitted to complete interior and exterior renovations to the existing building which will become the location for the Subaru dealership upon completion of the New Volkswagen Showroom project. PROJECT DESCRIPTION This project will add a structure in the southwest portion of the property to be used by the Volkswagen dealership, while the existing structure will house the Subaru dealership. Additional paved area for parking and auto display will be constructed in the rear of the property which is currently unpaved. An existing detailing building will remain. The project makes adjustments to the display area along the property frontage and proposes the removal of an existing sign near the present building, with a new pylon sign to be placed near the new structure. Access to and from North DuPont Highway is consolidated by removing a curb cut and providing a single entry/exit point of access to the property, and the project includes a paved sidewalk along the highway frontage. BUILDING ARCHITECTURE The architecture of the new showroom/service building is presented in color renderings and annotated building elevation drawings. The overall style is modern with extensive use of glass

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 3 of 8 window and metal panel building systems. The building has a flat roof using a parapet wall system. The main elevation fronting North DuPont Highway consists primarily of a glass window panel system with anodized aluminum framing punctuated by solid wall areas using an aluminum panel system. The main entry is centrally located and marked with signage depicting the dealer name and brand logo. The glass and metal design continues partly on each side elevation, and the rear of the building and rear portions of the side elevations are masonry. The right side (southeast) elevation, visible to the highway, features additional signage near the roofline, large window area, and several doors for pedestrian and vehicle entry. The left (northwest) elevation faces the existing building, has two glass overhead doors to the service area, and has a simpler architectural treatment. The rear (northeast) elevation is exclusively masonry and features additional signage near the roofline. All the signage depicted on the elevation drawings is subject to a separate review and approval process. SITE CONSIDERATIONS The C-4 zoning district requires 150 ft. of lot width per building (Zoning Ordinance, Article 4 §4.15). With only 400.00 feet of lot width along North DuPont Highway/Route 13, the property would be limited to the existing two buildings. On February 19, 2014 the Board of Adjustment granted an area variance (V-14-04) to allow a reduction of the minimum lot width to 133.33 per building for three (3) buildings totaling 400 feet. The existing service/detail building is in the rear of the property and upon construction of the proposed building would not be visible from the public right-of-way. A portion of the property lies within the Source Water Protection Overlay Zone (SWPOZ), Tier 3. For redevelopment of existing sites or portions within the SWPOZ, a 15-percent reduction in the amount of impervious surface on the site is required compared to pre-redevelopment conditions. This Site Plan shows a 29-percent reduction in imperious surface for the portion of the property subject to the SWPOZ. PARKING SUMMARY The parking requirement in the C-4 zoning district is 1.5 parking spaces per 300 S.F. of floor area or one space per employee. The number of employees was not identified. Based on the floor area of 41,619 S.F. for the total facility, a minimum of 209 parking spaces are required (maximum of 261 parking spaces). The existing site includes a total of 51 marked parking spaces and will have a total of 491 parking spaces upon completion of this project. The following table presents a tally of the types of parking spaces proposed for the site. Parking Description Number of Parking Spaces Customer 19 Used Cars Display/Storage 90 New Cars Display/Storage (Subaru) 99 New Cars Display/Storage (Volkswagen) 182 Active Service 41 Employee & Reserved 50 Wholesale 10 TOTAL 491

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 4 of 8 The Zoning Ordinance does not have a parking calculation specific to motor vehicle sales and motor vehicle service to address the fact that the sales inventory and service inventory is actually ‘parked’ on site. A diagram has been provided indicating proposed parking/storage areas by type. The applicant is reminded that parking on grass surfaces is also prohibited. Loading Spaces The requirement for loading spaces for retail and service establishments is based on building square footage. The rate is one loading space for establishments of 8,000 to 25,000 square feet in floor area with an additional loading space per 25,000 square feet of floor area or fraction thereof. However, the maximum number of required loading spaces for buildings totally up to 150,000 square feet is three loading spaces. This site will require two (2) loading spaces. This plan notes that loading will occur in the non-public areas in the rear of the site behind the buildings. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the number of required parking spaces at 209, then eleven (11) bicycle parking spaces are required. The plan indicates twelve (12) bicycle parking spaces will be provided by two (2) racks of six (6) spaces each located in front of each building. Dumpster For retail uses, one dumpster is required for the first 8,000 square feet of gross floor area, and one required for each additional 16,000 square feet of gross floor area or fraction thereof. For this project with a total building area of 41,619 S.F. in the complex, the requirement is for four (4) Dumpsters. For this plan the applicants have submitted a request to reduce the required Dumpsters constructed to two (2), located at the existing location along the northwest property line. A designated reserved area for two (2) additional Dumpster locations is show on the plans, adjacent to the existing location, should the need for future use arise. An enclosure is required when the Dumpsters are visible from the public right-of-way or from an adjacent property. Lighting The location of the proposed lighting is shown on the plan with lighting fixtures at the edges of the parking lot areas and within the parking lot. Sidewalk Sidewalk is required along the street frontage of North DuPont Highway in accordance with Zoning Ordinance, Article 5 §18. In addition sidewalks connecting from the street frontage sidewalk into the site are required and for pedestrian access from parking areas to building entrances. The existing site frontage consists of only a striped area reserved in the existing paved area as a designated sidewalk. However, with this project the Site Plan includes construction of a clearly delineated, paved sidewalk along the North DuPont Highway frontage. Curbing The Zoning Ordinance, Article 6 §3.6(b) requires upright curbing for all parking areas and access drives. The plan shows new curbing for the parking areas in the new paved area in the rear of the site, and in the parking areas along the property lines nearest the proposed new structure. Some

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 5 of 8 areas along the northwest property line do not include curbing and this is considered an existing condition. Signage The project documents indicate the removal of one (1) freestanding pylon sign currently in the parking/display area in front of the existing showroom structure. A new pylon sign is shown in front of the proposed new showroom structure. Additional signage is proposed near the roofline on the building frontage, as well as the right side and rear elevations. Any signage must be approved through a separate sign approval and permitting process. The existing site is considered legal non-conforming with respect to the number of signs. The Site Plan proposal incorporating one entrance to the property would limit the property to one (1) pylon sign. Staff suggests a Unified Comprehensive Signage Plan submission in order to allow the installation of the pylon sign in front of the new proposed structure. TREE PLANTING AND LANDSCAPE PLAN One (1) tree is required for every 3,000 SF of land area. The tree planting requirement is based on the total lot area. This project site consists of a total lot area of 5.505 acres (239,798 S.F.). Based on the 5.505 acres of non-woodland area, 80 trees are required. A Landscape Plan is included in the submission, indicating that all existing trees on the site will be removed. The C-4 zoning district requires a landscape strip of open space that is ten (10) feet in width along street lines. Only small areas along the southern portion of the North DuPont Highway frontage comply with this requirement. The remaining frontage areas are considered existing conditions where the vehicle display and parking areas limit the open space. The site is also subject to the Arterial Street Landscape Buffer requirement along the North DuPont Highway frontage of the property for a landscaped open space of thirty (30) feet, per Article 5 of the Zoning Ordinance. The existing configuration does not meet this requirement due to the existing condition of paved areas for vehicle display and parking. Waiver Request of 30’ Arterial Street Landscape Buffer Article 5 § 7.3 allows the Planning Commission to grant a waiver to approve a lesser amount of landscape buffering due to lot constraints or other conditions provided that the objective of establishing landscaped open space along arterial roadways is achieved. The applicant’s proposal for the southern portion of the frontage of the property, fronting the proposed new structure, includes a larger and more consistent unpaved area than currently exists. An overall reduction in paved area is also achieved in response to the requirements of the Source Water Protection Overlay Zone (SWPOZ). Request for Consideration of Tree Mitigation Plan Article 5 § 16.91(a) allows the Planning Commission to grant a waiver to allow for tree mitigation of the trees required to be planted to achieve the tree density requirements of the non- woodland areas of the site. The applicant is proposing to do off-site tree mitigation. A written waiver request to allow for off-site tree mitigation for the required trees was submitted for consideration by the Planning Commission. Reasons cited for the tree mitigation include

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 6 of 8 planting limitations on the site due to limited open space for planting, potential to impede visibility, and potential for damage to vehicle finishes. The concept of the Tree Mitigation Plan is to work with the Dover Housing Authority and Caesar Rodney School District to plant a total of eighty (80) trees on properties located within Dover. Proposed Dover Housing Authority sites are at Manchester Square (76 Stevenson Drive), Simon Circle (375 Simon Circle), Derby Estates (787 Bacon Avenue), Queen Manor (411 South Queen Street) and Willis Road (4 Willis Road). The proposed Caesar Rodney School District site is at W. Reily Brown Elementary School (360 Webbs Lane). There are no trees proposed for the subject property. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Site Plan must be updated with changes recommended or approvals including any waivers granted by the Planning Commission. Add to plan as reference notes. 2) Sheet C-001: a) The Site Data Column will need to be updated prior to Final Approval with the following: i) Provide Floor Area Ratio for project site. ii) Any changes recommended or approvals including information on any waivers granted by the Planning Commission. 3) Sheet C-201: a) Label parking rows with space tally. 4) Add construction details for site elements such as bicycle racks, sidewalks, traffic control signage, etc. 5) The tree planting requirement shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission approving a Tree Mitigation Plan. A written waiver request for Tree Mitigation was submitted for consideration by the Planning Commission. 6) Documentation of agreements with Dover Housing Authority and Caesar Rodney School District and implementation plans for the planting of the off-site trees must be submitted. a) Confirm that the letters from parties agreeing to accept trees as part of a Tree Mitigation Plan are correct in terms of the number and proposed location of trees. b) Provided updated letters indicating the correct dealer entity name, and also include the Site Plan number (S-14-05) and/or street address of the proposed Site Plan under consideration.

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 7 of 8 7) The proposed sign locations shown on this plan are for informational purposes and approval of this plan does not grant approval to the signage shown on the Site Plan or in building elevation drawings. Additional review is required to evaluate compliance with the Sign Regulations. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Waiver Request- Arterial Street Landscape Buffer: Staff recommends conditional approval of the Waiver Request to reduce the width of the Arterial Street Landscape Buffer to a minimum of 10 feet. a) Staff notes that a portion of the North DuPont Highway frontage is within the Source Water Protection Overlay Zone (SWPOZ) and the required impervious surface must be provided. b) Staff recommends that the landscape buffer include a landscape treatment of shrubs and groundcovers in lieu of or addition to grass. 2) Consideration of Tree Mitigation Plan: Staff recommends conditional approval of the Tree Mitigation Plan thus allowing for the required tree plantings to be planted at off-site locations in the City of Dover. The potential locations for these off-site tree plantings include five (5) properties of the Dover Housing Authority and one (1) property of the Caesar Rodney School District located within City limits. Staff notes the difficulty in planting on this site due the limited amount pervious areas available for suitable planting due to the proposed impervious surface coverage of the site. a) Staff requires a written agreement be established between the applicant and the tree recipients regarding the planting of, purchase of, and long-term care of the trees to satisfy the tree planting requirements. b) Additional comments on the specific proposed off-site planting location may be issued upon submission of an implementation plan for review. ADVISORY COMMENTS TO THE APPLICANT: 1) Offsite traffic improvements imposed by DelDOT may potentially impact the configuration and area of the proposed Arterial Street Landscape Buffer and require modifications to the final Site Plan. 2) The Planning Commission should act upon any waiver requests including the Tree Mitigation Plan for the project as part of any motion to approve this project, or as a separate motion if necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and directly to other agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement.

S-14-05 New Volkswagen Showroom at 1387 North DuPont Highway FINAL DAC Report of March 5, 2014 Page 8 of 8 4) In the event that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Planning Office. Examples include reorientation of the buildings, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 5) For building construction, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meetings (including a City of Dover Pre-Construction meeting), and permits are required. 7) Construction may have an effect on the adjacent property owners and nearby travel lanes. Any work requiring the closing or rerouting of potential customers or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners. 8) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. It is recommended that the applicant discuss the sign regulation requirements with the Planning Staff prior to applying for a Sign Permit. 9) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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.