January Planning Commission Paperless Packet Revised

CITY OF DOVER, DELAWARE PLANNING COMMISSION Tuesday, January 18, 2022 at 7:00 PM Virtual Meeting REVISED MEETING FORMAT Revised effective January14, 2022. This meeting will be held as a Virtual Meeting only using the WebEx audio/video system. This is authorized under the provisions of 29 Del Code §10006A(e) in recognition of the State of Emergency Declaration of January 3, 2022 and as revised. AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. MEETING NOTICE The Planning Commission Meeting for January 18, 2022 will be held only as a Virtual Meeting; there will not be an In-Person Meeting Location. The meeting will be a Virtual Meeting using WebEx audio/video conferencing system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of January 18, 2022 Dial: 1-408-418-9388 Event number/Access code: 2345 269 4181 Event password: DoverPC Event Address: https://bit.ly/PCMeeting1182022 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 1

PLANNING COMMISSION - January 18, 2022 PAGE 2 ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of December 20, 2021. COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date February 22, 2022 at 7:00 PM Update on City Council Actions Department of Planning & Inspections Updates Education and Training Opportunities 2. The Institute for Public Administration presents two opportunities for training via Zoom! January 14, 2022 at 10:00 A.M. - Advanced Land Use Law January 28, 2022 at 10:00 A.M. - Planning 101: Planning Your Community's Future February 25, 2022 at 10:00 A.M. - Introduction to Land-Use Law, the Constitution, and Takings SPECIAL RECOGNITION 3. Resolution honoring the service of Kelli Lord to the Planning Commission OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval: None NEW APPLICATIONS 4. SB-22-01 Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway: Minor Subdivision Plan - Public Hearing and Review of a Minor Subdivision Plan to subdivide a property consisting of 37.447 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 (Residual) is to be 29.297 acres+/- and encompasses the bulk of the original property area to the south containing the Manufacturing Facility known as Delmarva Corrugated. Lot 2 is to be 8.150 acres+/- and is proposed for the northern portion of the property. The subject property is located on the northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Four M Investments VII, LLC. Property Address: 1601 POW/MIA Parkway (previous address1436 New Burton Road). Tax Parcel Number: ED- 05-085.00-01-07.00-000. Council District 2. The Application for development of this property was Site Plan S-20-08 Manufacturing Facility at 1436 New Burton Road, which received 2

PLANNING COMMISSION - January 18, 2022 PAGE 3 Conditional Approval from the Planning Commission in October 2020 meeting, and Final Plan Approval in February 2021. 5. C-22-01 Kind Kids Early Learning Center at 725 Walker Road - Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of a 4,729 SF Office Building into a Child Daycare Center to serve 63 children. The property consists of one parcel of land totaling 0.51 acres +/- (22,500 SF). The property for the proposed development is zoned C-1A (Limited Commercial Zone). The property is located on the north side of Walker Road west of Pat Lynn Drive. The Owner of Record is 725 Walker Road LLC. pending sale to Bluegrass Investments, LLC. Property Address: 725 Walker Road. Tax Parcel Number: ED-05-067.15-05-34.00-000. Council District 4. Waiver Request: Partial Elimination of Upright Curbing. NEW BUSINESS 6. Report on 2021 Application Tallies ADJOURN Posted Agenda: Revised January 14, 2022 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 The Meeting of the City of Dover Planning Commission was held on Monday, December 20, 2021 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper, Mr. Roach, Mr. Hartman, Mrs. Malone (virtual), and Mrs. Maucher. Mrs. Lord, Mr. Baldwin, Dr. Jones, and Mrs. Welsh were absent. Staff members present were Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Samantha Bulkilvish, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also present were Ms. Amanda Rose and Mr. James Taylor. Speaking from the public was Ms. Melinda Hibner. APPROVAL OF AGENDA Mrs. Malone moved to approve the Agenda as submitted, seconded by Mr. Cooper and the motion was carried 5-0 by voice vote with Mrs. Lord, Mr. Baldwin, Dr. Jones and Mrs. Welsh absent. APPROVAL OF MEETING MINUTES OF NOVEMBER 15, 2021 Mrs. Malone moved to approve the Planning Commission Meeting Minutes of November 15, 2021, seconded by Mr. Hartman and the motion was carried 5-0 by voice vote with Mrs. Lord, Mr. Baldwin, Dr. Jones and Mrs. Welsh absent. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next scheduled Planning Commission regular meeting will be held on Tuesday, January 18, 2022 at 7:00PM in City Hall Council Chambers. Monday is a holiday so the meeting will be moved to Tuesday. Mrs. Melson-Williams gave an update on City Council Meetings that were held on November 22 & 23, 2021 and December 13 & 14, 2021. Mrs. Melson-Williams stated that they have the Draft Schedule of Deadline and Meeting dates for 2022. This holds your Planning Commission Meetings on the third Monday of the month with a 7:00PM start time which we reserve the right to adjust the time should we see an increase in volume. The January and February meetings of the Planning Commission will be a Tuesday evening because of holidays in those months. They will be finalizing this and this gives our applicants a deadline schedule and a series of meetings for applications. Mrs. Melson-Williams stated with the new year fast approaching, the Institute for Public Administration at the University of Delaware is starting to roll out their information on upcoming classes. They continue to use the Zoom platform so you can attend virtually. The two coming up in January are January 14, 2022 from 10:00AM-Noon and it is Advanced Land Use Law. The next one will be on January 28, 2022 from 10:00AM-Noon and it is Planning 101: Planning Your Community’s Future. If you have taken these classes before or are new to the system, we certainly encourage you to do so. We do have money in our training budget to pay for the class so please let Staff know if you would like to participate. Once they sign you up, you 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 get the specific link for that event. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- person/Virtual Meeting using the WebEx system. OLD BUSINESS Request Extension of Planning Commission Approval: None NEW APPLICATIONS SB-21-05 Revised - Stonebrook East: Planned Neighborhood Design at McKee Road and W. Denney’s Road - Public Hearing and Review of a Revised Subdivision Plan to allow for Alternative Design Standards for the previously approved 103 proposed townhouse units, specifically to allow for a minimum lot width of 20 feet instead of the required width of 22 feet. In addition, the Alleys A, B, and C have been moved slightly to allow for more uniform lot depths for all townhouses. There are no changes proposed to the previously approved 138 garden apartment units. The project is located on the northeast corner of the intersection of McKee Road and Denny’s Road. The site area is equal to 45.75 acres +/-. The property is zoned RM-1 (Residential Medium-Density Zone) and is subject to PND (Planned Neighborhood Design). The Owner of Record is Stonebrook East 168, LLC c/o Lamboll Street, LLC. Tax Parcel Numbers: ED-05-057.03-01-01.00-000 through 92.00-000. Council District 1. Planning Commission granted conditional approval of a Conditional Use Application C-07-01 for the Conceptual Plan for Stonebrook East Planned Neighborhood Design Development on February 20, 2007. Planning Commission also granted conditional approval for the Preliminary Subdivision Plan SB-07-07 for Stonebrook East PND on November 19, 2007 and Final Record Plan approval was given on September 28, 2010. A Revised Subdivision Plan was given Conditional Approval by the Planning Commission on August 16, 2021. Representatives: Ms. Amanda Rose, Duffield Associates; Mr. James Taylor, Duffield Associates Ms. Bulkilvish stated that this application might look familiar to most of the Commissioners. The application came through Planning Commission in August 2021. It was a Revised Plan for a previously approved Subdivision Application and the new application in August was labeled SB- 21-05. The previously approved Subdivision Plan was SB-07-07. What was revised in the August Plan was a site reconfiguration for some of the lots as well as the number of units. In August, Planning Commission approved 103 Townhouses and 138 Garden Apartments. In this application, the number of units has not changed. The only thing before Planning Commission is an Alternative Design Standard for the Planned Neighborhood Design of the lot width for the Townhouses. The minimum lot width that they are asking for is twenty feet. The previously approved lot width is twenty-two feet; so, there is a reduction of two feet. The additional thing that has changed is a slight reconfiguration of the alleyways to allow for the lot depths of all the townhouse lots to be uniform. She will remind the Commission that previously they have approved a few Waivers. They included Alternative Design Standards for the Garden 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 Apartments which included a reduction in separation distance from thirty feet to fifteen feet. Sidewalks laid in alternative materials that was approved in 2007 and again in August of this year. They approved a Reduction in Street Radius from one-hundred fifty feet to ninety feet which was again approved in 2007 and then approved in August 2021. There were additional Alternative Design Standards for the Garden Apartments to include increasing the number of stories to four, increasing the building height to forty-eight feet to permit an average of thirty- five dwelling units per building. There was also a Waiver for the Partial Elimination of Curbing. She also wanted to remind the Planning Commissioners too that because the Plan from August has not been finalized, all DAC comments in the Report and from all of the other agencies still apply to this Plan. Mrs. Maucher asked if there were any comments on the DAC remarks. Responding to Mrs. Maucher, Mr. Taylor stated that Ms. Bulkilvish stated that the only change that we are making to this Plan is the reduction from twenty-two (22) feet to twenty (20) feet for the Townhouse lots. What that does is allows for additional green space to take place throughout the entire property. If you think about it, for each unit on the insides of those townhouses we lost two foot each. For each one of those, we gain another additional two foot of green space times the width of those lots. The reason for this change is specifically related to the property owner having a development that is ready to go on this project. We are excited because it is something that came here in 2007 so we are going on 14 years of going through the process and it’s almost ready to get on the ground and rolling. Mr. Hartman stated that he had some concerns about this project when it first met with the Commission months ago. His concerns were with the tight footprint and the Alternate Designs that were requested and the concerns of the Fire Marshal. The Planning Office has already stated the Requests to alleviate from the Code. He still has a great concern with the tight footprint of this area and he would like to know from the Planning Staff what would be appropriate should this project be approved by the Commission and onto Council. Would it be appropriate for the Commission to make a site visit to see this when it’s constructed to see what we have approved? That would do a lot to alleviate his concerns. Mrs. Melson-Williams stated that Mr. Hartman was expressing some concerns about the number of Alternative Design Standards for this project and was wondering about opportunities once it’s under construction for site visits by Planning Commissioners to see how it’s being implemented. Mr. Hartman stated that he understands that it would be approved at that time but just to show himself or other interested Commissioners what they’ve approved. Responding to Mr. Hartman, Mrs. Melson-Williams stated that she does want to note that the Planning Commission is the final acting body on this type of application. It does not move forward to City Council; there is not anything for them specifically to act upon. For, the Alternative Design Standards that the Zoning Ordinance offers in the PND process, that final action occurs with the Planning Commission. As to a site visit, it has not been the tradition that the Planning Commission makes site visits during construction or after construction. Technically, if you gather it can be a FOIA issue because it becomes a meeting. She thinks that certainly observing what is ultimately constructed is a learning opportunity for you. We may be able to present some type of Workshop session that would show how Alternative Design Standards have been implemented in other 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 projects across the City; so, we can take that under advisement. Certainly, this will become a neighborhood with public streets that you could visit on your own and it sounds like they may have a development on the ground sooner rather than later. Mr. Hartman stated that he knows that we have been looking for educational opportunities and this looks like it would be a good educational opportunity with the Commissioners. Can he request to be notified when this project is completed so that he can make a personal visit? Responding to Mr. Hartman, Mrs. Melson-Williams stated that she thinks that they can certainly keep Mr. Hartman and the other Commissioners aware of all progress to all projects. There are certainly in their Annual Report opportunities but we can probably create something that kind of tracks a number of projects. We have things that are a couple of years old that are underway. It sounds like the applicant would also like to respond. Mr. Taylor stated that there were a couple of comments about the Fire Marshal and he just wanted to add that we did talk to them specific to the apartment complexes and the placement of the buildings. We are working through getting to make sure that meets the Fire Code. There were no other objections. The one other thing that he thinks they were commenting on was a letter in the previous report that talked about the requirement for sprinklers in townhouses and that is not currently a requirement of the Code in the City of Dover. They are not changing the number of units on the property. He just wanted to comment that the total acreage of the property is almost forty-six acres. They are providing two-hundred forty one (241) units which comes down to about 5.26 dwelling units per acre which is well under a lot of those numbers. He understands the concerns about it. He just wanted to comment on those things so that you are aware. It is going to be a community so it is going to be open for people to go around once it’s constructed. He is sure that you will get your opportunity to take a look at it once it’s constructed. Mrs. Malone stated that she is glad to see that you have decreased the number of units by fourteen but are the Garden Apartments going to be fee simple or are they leased? Responding to Mrs. Malone, Mr. Taylor stated that they will end up being leased. If they were condos. they would be fee simple but they are currently planned to be leased. Mr. Roach stated that he just wanted to make sure that they address the DAC Comments in regards to confirming the location of the parking access and the lighting in the alleys as well. Responding to Mr. Roach, Mr. Taylor stated that there was a question during the DAC Meeting about garages. There will not be garages on these buildings but each lot has two parking spaces assigned to it that can be seen in the rendering. The buildings are identified in the brown color and then the gray behind it in the alleyways are the parking spaces associated with those Townhouse units. There are two per building that are separated along there and that was one of the comments as well about lighting and safety since that is where parking is going to be. We will definitely work with the City to provide lighting at the rear of the homes. Mr. Roach asked if there was a set standard in regards to how many lights we have to have per parking space. Responding to Mr. Roach, Mrs. Melson-Williams stated that the street lighting standards and the spacing for the light fixtures is something that the Electric Department has a set standard. They do have provisions for alley lighting. That is actually one of the questions that has come up; is that is it required? Certainly, with this application have suggested that it most 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 certainly should be in these alleys since that is where the parking for the Townhouse units is happening. Yes, there is a fixtures standard even for alleys. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to approve SB-21-05 Revised Stonebrook East: Planned Neighborhood Design at McKee Road and W. Denney’s Road and specifically the Revised Subdivision Plan to allow the Alternative Design Standards and recommendations of the DAC Report, seconded by Mr. Roach and the motion was carried 5-0 by roll call vote with Mrs. Lord, Mr. Baldwin, Dr. Jones and Mrs. Welsh absent. Mr. Hartman voting yes; based on the recommendations by Staff in the DAC Report. Mrs. Malone voting yes; based on previous comments. Mr. Cooper voting yes; based on previous comments. Mr. Roach voting yes; he thinks it is a beautiful rendering and he is happy to actually be able to break ground since 2007. So good luck on the project. Mrs. Maucher voting yes; based on the DAC Comments and Planning Staff recommendations. C-21-08 Royal Farms at 1205 McKee Road - Public Hearing and Review of a Conditional Use Site Plan and associated Minor Subdivision Plan Application for construction of a 5,154 SF Retail Store (Convenience Store) and associated fuel pumps. The Application includes associated site improvements and a 1,248 SF Accessory building to serve as a drive-through Car Wash. The property is currently zoned C-2A (Limited Central Commercial Zone) and is subject to COZ-1 (Corridor Overlay Zone). The proposed Lot 1 is 2.545 +/ acres (110,854 SF) and is the location of the proposed development. The proposed Lot 2 is 0.870 +/- acres (37,897 SF) and is currently not subject to a design proposal. The Site overall currently consists of 3.415 +/- acres (148,751 SF) and is located at the northeast corner of the intersection of McKee Road and College Road. The owner of record is Two Farms Inc. Property Address: 1205 McKee Road. Tax Parcel Number: ED-05-067.00-02-51.00-000. Council District 4. Consideration of Superior Urban Design. Representatives: Mr. James Taylor, Duffield Associates Mr. Swierczek stated that this is a two-fold application with the first part being a Condition Sse Site Plan. The second part includes a Minor Subdivision Plan and that would include a main parcel which is known as Lot 1 and is the one at the intersection with the proposed development of the Royal Farms. The Lot 2 is proposed at the top of the screen and is currently not proposed to maintain any development. The site was most recently subject to a Comprehensive Plan Amendment which took the Land Use Category of this land from Office to Commercial Low Intensity and that was submitted along with a Rezoning Application in Z-21-01 from earlier this year which would allow for the Rezoning from CPO (Commercial & Professional Office Zone) to C-2A (Limited Central Commercial Zone) to allow for this retail use. He will note that Rezoning did; however, maintain the COZ-1 (Corridor Overlay Zone) designation. The use of the fuel pumps is why this is a Conditional Use. The convenience store and the proposed accessory car wash are both permitted but the Conditional Use is for the accessory fuel pumps. The COZ-1 (Corridor Overlay Zone); however, is the one that has some added design requirements in terms of features like architecture, landscaping, and it can also impose additional sort of physical requirements in terms of things like setbacks. With that in mind, Staff did note 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 that overall they find that the proposed development does have a lot of features in terms of architecture that would lend itself towards that heightened sense of Superior Urban Design. That would go towards that architectural styling of the main retail building as well as that car wash accessory building. We do note that the development is showing trees more than what is the basic requirement. He believes that they are at over forty when the requirement is thirty-seven. They also submitted a Waiver Request for the Partial Elimination of Upright Curbing specifically around the immediate perimeter of the main retail building. In their request for that Waiver, they do note that they are providing the required six-inch upright curbing throughout the site. Where requested for that Waiver is immediately around the main retail building that was specifically to facilitate pedestrian flow. it would also remove the curbs that are usually provided with parking spaces and provide, instead, ballards to again facilitate easier pedestrian flow to the main building on-site. In terms of recommendations for the consideration of Superior Urban Design, we did note in our Reports that we recognize the establishment of multi-modal transportation which would lend itself to Superior Urban Design. They are including a proposed shared use path along both College Road and McKee Road, pedestrian access onto the site, bicycle parking facilities that are in excess of what Code requires. Again, we note the architectural styling, there is generally what they would consider to be sort of builder’s grade. The additional landscaping features and site features like outdoor seating and the awnings are being provided. Planning Staff does note in the Report that in the vein of how the Corridor Overlay Zone is really trying to encourage development to go above and beyond what the base expectations are for architecture and landscaping. They do make a couple suggestions for potential improvements. Mainly to ensure architectural features that were demonstrated in the renderings submitted with the application and to ensure that they are provided on all facades of the proposed development. Especially considering the main façade and that we do not see. The one facing towards the east there would potentially be development proposed for that site that would sort of look at this part of the retail facility. With the pedestrian facilities provided at the front of the building towards the McKee Road frontage of the site, it does seem that it might perhaps be a little congested there. You can see that there is a projection from the main retail building that provides pedestrian access on the sides. However, if someone were to try and walk in front of the building and it would be rather tight there so we suggested that perhaps it be wider right in that area. They are well in access of what the minimum requirements are for parking so we suggested that perhaps some of the parking around the perimeter of the building could perhaps be left towards increasing landscaping features. They also note that tree plantings could potentially be a larger caliber in height than what the Zoning Ordinance would generally require. In terms of the Waiver Requests, Staff is recommending approval for that as well noting that they are providing the six-inch upright curbing throughout the site. It is only around the immediate perimeter of the building itself that they are requesting that waiver. They do also note that it is not currently a requirement in the Zoning Ordinance that facilities such as this do something like provide electric car charging stations. There are some jurisdictions that do require that; however, we do think that it would be something beneficial for the site overall and we put that forward to members of the Planning Commission. Mr. Taylor stated that he wants to thank the Staff for their comments and working with us on this project. They have received all of the comments from the Planning Staff as well as the rest of the DAC members. This project is to construct a Royal Farms at the intersection of College Road and McKee Road. A Traffic Study was required for this project and they actually just got back 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 the Draft TIS Letter on Friday. So, the rendering that you are seeing is a little bit different than what the plans are that the Commissioners got in their packets because they have been updated to include the requirements that DelDOT is looking for. Specifically, there are a couple of items. One was a right turn lane from College Road onto McKee Road. Right now, he believes that that intersection is a straight and right in one lane and a left turn lane. What this does is actually provides an additional lane for the turning traffic to hopefully help with congestion in that area. They were supportive of the two entrance options that you see. On College Road, it is a right-in right-out only; so, you won’t be able to make a left-in or a left-out along College Road which is shown on the right hand side. On McKee Road they are permissive of a right-in, left-in and right- out. So you will be able to make left turn movement from McKee Road into the site but you will not be able to make a left turn out onto McKee Road. What they have recommended is that we keep what’s called sharrows down the middle of the roadway in McKee Road which basically says that you can make left turns both directions. Essentially, they want to keep that and a left turn into our site would start at that point and continue on into the left turn lane into McKee Road. They are also requesting some signal ADAs. Right now, the intersection crossing going across McKee Road is not striped. There are ADA ramps on both sides but it is not striped so that will be striped for this project as well. Overall, traffic stays at a good level even with this improvement by including some of these improvements. As far as landscaping, Mr. Swierczek mentioned that we are going above and beyond what is required by Code. He wanted to also comment on the Conditional Use. It is Planning Commission’s responsibility to vote on that and to basically say is this something that will work in this area and looks good and is not a nuisance. The renderings that were provided show that Royal Farms is not a substandard product; it is a really good product that people look for. The stone columns really provide some architectural features which ties into the Superior Urban Design aspect. As Mr. Swierczek mentioned, its going above and beyond with the landscaping as well as the architectural. He does want to comment on a couple of items on Staff’s recommendations. The architectural detailing along the other sides of the car wash and the Royal Farms convenience store itself, it does carry that same architecture all the way around the building. So where you see the stone at the bottom of this building, that will continue along the back side. He was able to confirm as well that the exterior awnings do go along all four sides of the building; not just the ones that you are seeing. Those are ones that we have no problem with at all. The tree plantings is to be a larger caliber to kind of go towards that Superior Urban Design. The two that he wanted to talk about was the sidewalk pedestrian area located at the front and making that wider. There was a question from the Planning Staff about congestion. This layout is a fairly typical Royal Farms and how they have their spacing so they are very used to this. This is the way that they kind of have it standardized. To increase that, it could be done but there is typically no congestion with having seats or other items outside the front doors. It is about thirteen feet from the face of the building to the edge of the parking spaces in that area. The COZ-1 (Corridor Overlay Zone) requires twelve foot so we are providing at least one additional foot along that frontage. The next things are islands being greater. The parking spaces around the building are actually what Royal Farms really considers being sacred. They need to have a certain number of spaces in there to be able to make it feasible. The islands themselves are ten foot wide which is what would meet the COZ-1 (Corridor Overlay Zone). They feel that a lot of the other items that they are providing including the landscaping and the fact that the minimum open space requirement he believes is at 25%. Based upon their recent calculations, they are at 33%; so they are exceeding that as well and that was provided on the red line plans to Planning Staff late Friday. Those are some elements that 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 they are definitely willing to do. As far as the Waiver Requests, they do appreciate Staff’s recommendation for the partial elimination of curbing. He is sure that you have been by a convenience store and see that people park and go in. When you add curbing right up against those entrances, it actually causes tripping hazards. So to avoid that, Royal Farms has done a good study that basically those ballards that are shown in the rendering helps provide protection of the building for parking cars going into the building. It protects the pedestrians walking in that pathway but also minimizes accidents from happening right at those doorways. It really helps eliminate those tripping hazards. Royal Farms does have many of their facilities that do have electric vehicle charging stations. They work with many vendors to be able to provide that. When they asked about this specific location, they said there is no interest at this time in providing electric vehicle charging stations at this location. Understand that it was not a requirement but obviously we are starting to see it more and more. Mr. Hartman stated that there are a few similarities between land use and zoning for this application to what they did not approve on Route 8 some time ago. This is a C-2A (Limited Central Commercial Zone) zoning in a Low Intensity Land Use Area as the Comprehensive Plan states. The Conditional Use will allow the installment of gas pumps, which some might argue that we push this into a High Intensity Land Use and this would not be in compliance with the Comprehensive Plan. He is not saying that is the case but he just wants to be clear with Planning Staff that the gas pumps approved under a Conditional Use this will continue to be in compliance with the Low Intensity requirements. Responding to Mr. Hartman, Mrs. Melson-Williams stated that our most recent Comprehensive Plan offers several different commercial Land Use Categories. We divided it into Commercial Low Intensity, Commercial High Intensity and Commercial Entertainment Zone. There are zoning classifications that are found in both the Low Intensity Land Use Category and the High Intensity Land Use Category. Making that distinction of a particular use as a Low Intensity or High Intensity, she thinks there is a number of considerations that would have to go into that specifically. She feels that this would still meet the Commercial Low Intensity. You have a lot of different activities but it may reduce trips. People are going to one place and getting multiple services in one place; so you can look at it that way. The road network that it is on is not a primary arterial street in the City, so it has a road network that it is adjacent to that has a less characteristic if you want to talk about intensity from a travel perspective. It is somewhat subjective so she will recognize that but that’s why the gas pumps are a Conditional Use in that C-2A (Limited Central Commercial Zone). You can look at the number of pumps that they have there. They are two sided and there are six so there is a total of twelve spaces. Is that reasonable? She is sure that there are certainly locations that have a greater number. She thinks that it’s a collective question to ask. Mr. Taylor stated that he believes that the Royal Farms that is further south on McKee Road (Saulsbury Road) is actually in the Comprehensive Plan listed as Low Intensity. So the one that is existing just further down the road in the heart of Downtown is in the exact same Land Use Category. Mr. Hartman asked if the C-2A (Limited Central Commercial Zone) designation was relatively new? Responding to Mr. Hartman, Mrs. Melson-Williams stated that she doesn’t believe so. A number of years ago the commercial zones went through a series of Text Amendments that refined a number of the uses within them and clarified them. Our commercial zone used to back 8 11

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 refer. It would say if you open the C-2 (Central Commercial Zone) it would refer to all of those uses of the C-1A (Limited Commercial Zone). So they made it more straightforward. The C-2A (Limited Central Commercial Zone) has certainly been here as long as she has so almost twenty years of it being in our Code. Mr. Hartman asked what the zoning was for the Royal Farms that was mentioned. Responding to Mr. Hartman, Mrs. Melson-William stated that it is also zoned C-2A (Limited Central Commercial Zone). So the Royal Farms that exists at the northeast corner of Saulsbury Road and North Street is C-2A (Limited Central Commercial Zone) and it also falls within the COZ-1 (Corridor Overlay Zone). It used to have a lot more landscaping than it does now because of associated road improvements at that intersection that has happened since it’s point of development. Mr. Hartman stated that that ends a lot of his confusion and he just wants to make sure that they are consistent. Just for consideration for Planning Staff, if there was a lot of complaints from the public on this, he would go back to what Mrs. Melson-Williams said about being subjective whether it’s High Intensity or Low Intensity. If there was a lot of public outcry about this, then the public may have an argument that a site like this could be High Intensity and not in compliance with the Comprehensive Plan. He is not saying that he is just saying that it could be an argument in the future. Mr. Cooper stated that when they referenced that there wasn’t the desire to put in the charging stations at this time, is that an economic decision from Royal Farms? Responding to Mr. Cooper, Mr. Taylor stated that was not a decision by Royal Farms. It is actually from another vendor that they use that basically does an analysis that looks to see if there is a demand in a certain location to be able to provide electric vehicles. They have seen it where there wasn’t and then five years later there is. What they end up doing is doing a little cut in the road and put a conduit underneath, patch it back up and they get the electric from one side to the other. This question has come up a lot about electric vehicle charging stations in the last year. The construction manager has basically said that it is not a huge lift if they have to come back in the future. If they have to come back after this is constructed to add EV charging stations, he believes that would have to come back to Planning or there would at least be a plan that would have to come administratively because it would change some of the parking. Mr. Swierczek stated that they would consult with them on that depending on the site improvements that would be needed in order to accommodate that. It would either be a Permit process or an Administrative Review. Mr. Roach stated that in regards to the right-of-way coming from College Road. He appreciates it because he knows that is where it causes a lot of congestion. That right and straight lane literally backs of everything all the way back to Del State. He was wondering if there was a purpose design-wise. You see the little greenery bump that comes out, is that necessary? Responding to Mr. Roach, Mr. Taylor stated that right now the way they have it they are trying to make sure that when someone is making a right turn out of the site (and this will all have to approved by DelDOT) they want them to be able to out into the through lane. Then if they are making a right turn, then they go back into the right turn lane. They don’t want someone going 9 12

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 from a right-out into the right turn lane and then trying to jump over into the left turn lane because it causes even more issues. What this does is this allows for someone to turn out and then if they are make a right turn they come down, but it also avoids confusion as well if someone is trying to get into the right turn lane and someone is making a right turn out it avoids that extra point of contact. Mr. Roach verified that when they got the Traffic Study back, they were okay with everything. Responding to Mr. Roach, Mr. Taylor stated yes, this was actually updated to reflect their conditions of the Traffic Study. They literally just got it on Friday. Mr. Roach asked that when they looked at the Study, they didn’t project any issues with a shared way or something being placed on the corner right there. Responding to Mr. Roach, Mr. Taylor stated that initially if you look at the plans that were provided, they actually had a concrete island to define the left turn lane from McKee Road onto College Road. Their recommendation was to do the sharrow instead because he thinks that part of it has to do with some points in time where that left turn lane from McKee Road onto College Road backs up so instead of it backing up into that through lane. Mr. Roach stated that Mr. Taylor said they were able to do it as far as the Planning Staff recommended as far as the space at the front of there. Responding to Mr. Roach, Mr. Taylor stated that with all of the other things that were they are providing, he thinks that will be one where if they could push back, but understanding that it is up to the Planning Commission to decide. It would cause some significant re-layout of where they would have to try and shift everything closer to the roadway in order to get the additional spacing between the building and the parking spaces. It can be done but it is also adding additional impervious, and it affects everything else. It was that one in the islands and the width right at the building that were the only two that they were questioning. Mr. Roach stated that his only reluctancy would be just because he knows because at certain time of the day everybody is trying to get to Route 1 and you will get a lot of people dipping through Royal Farms to try to get to the other right-of-way through that area to try to get back onto McKee. Responding to Mr. Roach, Mr. Taylor stated that they wouldn’t be able to. Mr. Roach stated that they would if they made a right into the property. Responding to Mr. Roach, Mr. Taylor stated he sees what he is saying now. Mr. Roach stated that he would say that if he was driving that way he would do it. Responding to Mr. Roach, Mr. Taylor stated that he thinks Royal Farms would say come on in, get some fried chicken and head on. Whatever it is, they will welcome you to come in and keep on moving. Mrs. Maucher opened the public hearing. Ms. Malynda Hivner – Westminster Village 1175 McKee Road Dover, DE 19904 Ms. Hivner stated that she appreciates the Traffic Study that was done but she still has continued concerns about College Road. They have so many issues with near accidents with our residents trying to turn left in there and there is only a straight way. They will be adding a right hand turn 10 13

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 so people will be swerving around probably but if the Traffic Study didn’t show anything about that then obviously, she doesn’t have a foot to stand on. She just wanted to reiterate about their concern about that traffic because it starts at the right-hand turn into Royal Farms. Mrs. Maucher closed the public hearing. Mr. Hartman moved to approve C-21-08 Royal Farms at 1205 McKee Road as a review of a Conditional Site Plan and associated Minor Subdivision Plan Application for a construction of a retail store and associated fuel pumps based on assurances of Planning Staff, the comments in the DAC Report and the testimony of the Duffield Representative. Mrs. Melson-Williams stated that Duffield Associates identified two items that are located on Page 12, Items #3 B & C that they had concerns with. If you adopt the DAC Report in its totality, those recommendations become conditions of approval. The other item is Item #5 on that same page which deals with the electric vehicle charging stations. There is a variety of types of electric charging stations where they could plan for but not fully install with initial construction. She asks the motion maker to clarify regarding those items based on the testimony from the applicant. These items are listed under Recommendations Suggested as Conditions of Approval and specifically, Item # 3B & C and Item #5 are the ones that the applicant called out with concerns about fully implementing those recommendations. Mr. Hartman stated that he would like to include under the second roman numeral number 8, paragraph 3, Items 3B & C and Item 5 to be excluded from the motion. The motion was seconded by Mr. Cooper and the motion was carried 5-0 by roll call vote with Mrs. Lord, Mr. Baldwin, Dr. Jones and Mrs. Welsh absent. Mr. Hartman voting yes; based on previous comments made. Mrs. Malone voting yes; based on the previous comments and that this is very consistent with the project that they built not far down on the west side of Dover. Mr. Cooper voting yes; based on the continued over and above on Code from trees to parking to architecture. Mr. Roach voting yes; he thinks that it is a very convenient location because coming off of McKee Road and College Road to Route 1. He thinks that it is very conveniently located. He definitely appreciates the right of way being added with also the straight lane. He hopes that whatever concerns that Westminster has that they not come to fruition. Mrs. Maucher voting yes; for reasons stated. NEW BUSINESS Mr. Hartman stated that on the “Dover Parcel and Zoning Viewer” online, would it be possible to include a layer that shows the Land Use? He has not been able to find that information. Responding to Mr. Hartman, Mrs. Melson-Williams stated that they can certainly take that suggestion. They will check with our GIS Department to make sure that it is not confusing to people because we can certainly add that Land Use Map online. It is available in the Comprehensive Plan document so she doesn’t see why it couldn’t be added from a technical perspective. Mr. Hartman stated that it is just so difficult to read these little maps in the Comprehensive Plan. He strives to be consistent and if they could look at these things with a more consistent view, it would make him feel a lot more comfortable when voting. 11 14

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 20, 2021 Meeting adjourned at 8:18 PM. Sincerely, Kristen Mullaney Secretary 12 15

Item 2. The Institute for Public Administration presents Advanced Land Use Law COURSE INSTRUCTOR Max Walton, Esq. Connolly Gallagher LLP. JANUARY 14, 2022 This course focuses on advanced land use law in Delaware and expands upon the material presented in our basic land use law course. 10:00 A.M. TO NOON This course will highlight the recent land use case law from the past year that may affect VIA ZOOM MEETING municipalities statewide. Participants will learn about both national court decisions and Delaware Registration in advance is required. court decisions affecting local land use. After registering, you will receive a confirmation email with information This session qualifies for credit toward the about joining the webinar. Certificate in Local Government and the Certificate for Planning Education. $20 Registration Fee Contact Sean O’Neill (oneill@udel.edu) with questions about this event. REGISTER ONLINE www.bidenschool.udel.edu/ ipa/events/upcoming 16

The Institute for Public Administration presents Item 2. Planning 101: Planning Your Community’s Future COURSE INSTRUCTOR COURSE INSTRUCTOR David Edgell, AICP Edward O’Donnell, AICP Director Senior Fellow, IPA Office of State Planning Coordination University of Delaware COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP JANUARY 28, 2022 Planning 101 provides valuable information for all elected officials who consider and act upon comprehensive plans, land use and zoning matters, 10:00 a.m. to NOON . and other growth issues. Planning and zoning commissioners, board of adjustment members, and those who take part in community planning and VIA ZOOM MEETING land-development matters will enjoy this course. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Delaware planning and zoning statutory about joining the webinar. requirements • The elements of a comprehensive plan $20 Registration Fee • The basics of land use control • The role of the planning & zoning commissioner REGISTER ONLINE This session qualifies for credit toward the Certificate www.bidenschool.udel.edu/ in Local Government and the Certificate for Planning Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 17

Item 2. The Institute for Public Administration presents Introduction to Land-Use Law, the Constitution, and Takings COURSE INSTRUCTOR COURSE INSTRUCTOR Max Walton, Esq. Edward O’Donnell, AICP Partner Senior Fellow, IPA Connolly Gallagher, LLP University of Delaware FEBRUARY 25, 2022 This course focuses on Land Use Law in Delaware. It begins a review of the basic principles governing land-use law. Topics include police power, delegation 10:00 a.m. to NOON of authority, nuisances, due process, equal protection, just compensation, vagueness, and vested rights. Participants will then learn about Delaware court VIA ZOOM MEETING decisions affecting local land use. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Basic terms and concepts about joining the webinar. • A summary of tools • Zoning, subdivision, and site-plan review $20 Registration Fee • Other approaches to land-use control This session qualifies for credit toward the Certificate REGISTER ONLINE in Local Government and the Certificate for Planning www.bidenschool.udel.edu/ Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 18

Item 3. Resolution Whereas, Kelli Leiter Lord became a member of the City of Dover Planning Commission on September 14, 2020 and has served with diligence and distinction in this capacity as an advocate for sound land use planning in the public interest; and, Whereas, Kelli Leiter Lord has played a role in ensuring fundamental fairness and careful forethought in the planning and development of the Capital City through her service on the Planning Commission; and, Whereas, Kelli Leiter Lord in reviewing development applications has utilized her background in graphic design in combination with an eagerness to improve the character, aesthetics, and prosperity of Downtown Dover in particular; and for her ability to remain a clear, fair, and decisive advocate even through the trials and difficulties of the COVID-19 Pandemic with the virtual/ hybrid meeting formats for Planning Commission Meetings; and, Whereas, Kelli Leiter Lord completed her term of service on the City of Dover Planning Commission on December 27, 2021. Now Therefore Be It Resolved That, the City of Dover Planning Commission does hereby express its sincere appreciation to Kelli Leiter Lord for her faithful and diligent service to the Citizens of the City of Dover as an active member of the City of Dover Planning Commission and extends its very best wishes to Kelli Leiter Lord for a bright and prosperous future. __________________________ _________________________ Andrea Maucher Dawn Melson-Williams, AICP Planning Commission Chair Interim City Planner 19

Item 4. City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF January 5, 2022 PLANNING COMMISSION MEETING OF January 18, 2022 Plan Title: Lands of Four M Investments VII, LLC, SB-22-01 Plan Type: Minor Subdivision Plan Applicant/Owner: Four M Investments VII, LLC Property Location: Northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. Property Address(es): 1601 POW/MIA Parkway (previous address 1436 New Burton Road) Tax Parcel: ED-05-085.00-01-07.00-000 Existing Parcel Area: 37.447 acres +/- Parcels to be Created: Lot 1 (Residual): 29.297 acres+/- Lot 2 (New): 8.150 acres+/- Present Zoning: IPM (Industrial Park Manufacturing Zone) Proposed Zoning (Both Lots): IPM (Industrial Park Manufacturing Zone) Current Use: Lot 1: Delmarva Corrugated Facility Lot 2: Currently Undeveloped Proposed Uses: No proposed changes in uses Previous Applications: S-20-08 Manufacturing Facility at 1436 New Burton Road P. O. Box 475 Dover, DE 19903 20 Community Excellence Through Quality Service

Item 4. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: January 5, 2022 APPLICATION: Minor Subdivision Plan for Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway FILE #: SB-22-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This Application is the review of a Minor Subdivision Plan to subdivide a property consisting of 37.447 acres +/- into two parcels (Lot 1 and Lot 2). Lot 1 (Residual) is to be 29.297 acres+/- and encompasses the bulk of the original property area to the south containing the Manufacturing Facility known as Delmarva Corrugated. Lot 2 is to be 8.150 acres+/- and is proposed for the northern portion of the property. The subject property is located on the northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Four M Investments VII, LLC. Property Address: 1601 POW/MIA Parkway (previous address 1436 New Burton Road). Tax Parcel Number: ED-05-085.00-01-07.00-000. Council District 2. Previous Applications This site was most recently the subject of Site Development Plan S-20-08 Manufacturing Facility at 1436 New Burton Road, which received Conditional Approval from the Planning Commission at their October 2020 meeting. This Plan received Final Plan Approval in February 2021 and construction has occurred. The Facility has obtained a Temporary Certificate of Occupancy. This property was additionally subject to Comprehensive Plan Amendment MI-16-01 which was approved by the City Council at their March 14, 2016 meeting. This was a Comprehensive Plan Amendment which sought to change the Land Use Category of this property from Residential Low Density to Industrial and Public Utilities. This Comprehensive Plan Amendment in turn was submitted in conjunction with the Rezoning Application Z-16-02 which was similarly approved by the City Council at their March 14, 2016 meeting. Plan S-20-08 changed the Zoning of the property from R-20 (One-Family Dwelling Zone) to IPM (Industrial Park and Manufacturing Zone). II. PROJECT DESCRIPTION – Minor Subdivision This Minor Subdivision Plan proposes to subdivide the property into two lots. See the following Table for summary of the lots. Site Proposed Area Acreage Lot 1 29.297 acres+/- The bulk of the property. Site of Delmarva 21

Item 4. SB-22-02 Minor Subdivision Plan for Lands of Four M Investments VII, LLC DAC Report of January 5, 2021 Page 2 (Proposed) Corrugated Facility. Lot 2 8.150 acres+/- Currently vacant. No new Development (Proposed) proposed at present. TOTAL 37.447 acres+/- While the proposed Lot 1 is the Site of the recently built Delmarva Corrugated Facility, there is at present no development proposed for Lot 2. III. SUBDIVISION REGULATIONS REVIEW The procedures for subdivision of land are found in the Land Subdivision Regulations, (Dover Code of Ordinances, Appendix A). 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. 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. See also discussion below under Zoning Review. IV. ZONING REVIEW IPM Zoning District The property is zoned IPM (Industrial Park Manufacturing Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §20 and Article 4 §4.16 as a conventional planned lot development. This development is on an individual lot basis. The use as a Manufacturing Facility is a permitted use within this zoning district. It is noted that the Bulk Standards were amended in via Ordinance # 2021- 19 which was adopted by City Council at their November 8, 2021 meeting. The following Table highlights some of the lot design standards for the IPM zone as amended: Minimum Required IPM (Conventional Planned) For All Permitted Uses: Lot Area 2 1/2 acres Lot width (ft.) 200 Lot depth (ft.) 300 Front Yard 60 Side yard (ft.) 40 Rear yard (ft.) 40 Side or rear yard which adjoins a residential zone (ft.) 100 Off-street parking space: Per 800 sq. ft. of floor area 1 Per employee, per largest working shift (if greater than the requirement under the floor area calculation 1 Maximum Permitted Building Height: Stories No limit Feet Equal to distance to nearest lot line 22

Item 4. SB-22-02 Minor Subdivision Plan for Lands of Four M Investments VII, LLC DAC Report of January 5, 2021 Page 3 Floor Area Ratio 0.5 Lot Coverage 75% V. SITE CONSIDERATIONS Site Access The main/ only entrance onto the overall site is via an intersection of the POW/MIA Parkway, opposite the Wyoming Mill Road Spur, which is a connection road to Wyoming Mill Road to the west and outside of City limits. This entrance in turn provides access to the parking areas and drive aisles of the Delmarva Corrugated Facility. Per Site Development Plan S-20-08, the Site overall would only be permitted the one (1) vehicle access point off of POW/MIA Parkway. As such, Site Development Plan S-20-08 had identified an access drive to provide vehicle access to the northern undeveloped portion of the site which is subject to this Minor Subdivision Application. This in turn would require a Cross-Access Easement to be recorded for the benefit of the Proposed Lot #2 (in order to cross Lot 1 and utilize existing Entrance to Site from POW/MIA Parkway). It is again noted however that this current Application is proposing the subdivision of Land only. Therefore, any possible Site Development proposed for Lot 2 will be subject to the appropriate Development Application Review Process and require a separate Planning Commission Review. Sidewalk There is pedestrian access onto the Site (onto what is proposed to be Lot 1) from an existing multi- modal pathway along the opposite (western) side of POW/MIA Parkway from the subject property. The previous Site Development Plan Application S-20-08 had requested a Waiver of the requirement to install sidewalks along the eastern side of the POW/MIA Parkway which was granted by the Planning Commission. There are at present no pedestrian facilities on the proposed Lot 2, nor pedestrian access onto what is proposed to be Lot 2. Any sidewalks or other site features would again be subject to review of any future development proposals for Lot 2. VI. TREE AND LANDSCAPE PLANTING The tree preservation, tree planting and landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. This is not required for this Minor Subdivision Plan review. The Development Area associated with Lot 1 included the required Tree Plantings. VII. CITY AND STATE CODE REQUIREMENTS 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: 1) In the Data Column: (a) Provide the Address of the Subject Site. (i) Include a note that the Site has previously been addressed as 1436 New Burton Road. (b) Note the Tax Parcel ID number as ED-05-085.00-01-07.00-000. 23

Item 4. SB-22-02 Minor Subdivision Plan for Lands of Four M Investments VII, LLC DAC Report of January 5, 2021 Page 4 (c) Note existing and proposed uses based on Proposed Lots. (d) Note existing and proposed Zoning for both Lots 1 and 2. (e) Include the Site Area acreage overall. (f) Note the Entirety of the Bulk Standards for the IPM Zone as found in Article 4, Section 4.16. (i) Identify all Bulk Standards as being either required or proposed. (ii) Identify all Bulk Standards as pertaining to either the proposed Lot 1, Lot 2, or the Site overall. (iii) Clarify where the 50-foot setback is located (as noted for “Building to Property Line”). The front, side, and rear setback provided, as noted, state 60 feet, 40 feet, and 40 feet respectively. (iv) Include the Lot Coverage. This should include as existing and proposed per Lot. (g) Correct the notes to read that the Planning Commission Meeting was in fact held on October 19, 2020. (h) Correct the notes to read that it was not Planning Staff but rather the Planning Commission which granted approval of the Waiver Requests for both the reduction in Parking Requirements as well as the elimination of sidewalks along the POW/MIA Parkway. 4) The Final Plan set must include notes documenting any action taken by the Planning Commission and must list any additional conditions of approval. 5) The Record Plan Sheet must document and identify any existing and proposed easements for cross access, utilities, drainage, etc. associated with the subdivision of these lot. However, any associated recorded documents may need to be updated to clarify rights are for both Lot 1 and Lot 2. 6) Provide any information on any agreements established regarding responsibilities for existing access drive aisle, stormwater management facilities, utilities, etc. Add notes to the Record Plan sheet as necessary for reference. 7) The Final Record Plat submission must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat and any additional requirements of the Planning Commission. 8) The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. VIII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. 1) This Minor Subdivision Plan creates two (2) lots out of the one parcel. The proposed Lot #1 is the bulk of the overall Site and contains the existing Delmarva Corrugated Facility, and this development appears to remain compliant with current zoning bulk standards. The proposed Lot 24

Item 4. SB-22-02 Minor Subdivision Plan for Lands of Four M Investments VII, LLC DAC Report of January 5, 2021 Page 5 #2 is currently vacant and no development is proposed at this time. The Subdivision Plan generally appears to comply with the Land Subdivision Regulations. 2) Once all proposed bulk standards are provided and it is determined that there may be some issues with Compliance, the planned Lot Line may need to be adjusted accordingly. Based on the information provided however, Planning Staff has not determined this to currently be an issue as both proposed lots appear to remain compliant with Bulk standards. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. IX. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision 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 regard to the plan. 2) 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 Plan must be submitted for final endorsement prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The applicant shall be aware that Minor Subdivision Plan approval does not represent a site development approval, a Building Permit, Sign Permit, and associated construction activity permits. A separate application process is required for review and approvals for development activity 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. 25

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 29, 2021 APPLICATION: Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway: Minor Subdivision Plan FILE #: SB-22-01 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Mark Nowak, GISP CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objection to the proposed subdivision. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 26

CITY OF DOVER Item 4. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 29, 2021 APPLICATION: Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway FILE #: SB-22-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. An easement shall be recorded for the utilities that are crossing Lot 2 to serve Lot 1. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 27

C F SB-22-01 Item 4. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/29/21 D S O H V A E L R APPLICATION: Lands of Four M Investments VII LLC at 1601 POW/MIA Parkway FILE #: SB-22-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is for a minor subdivision plan. This office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the 28

Item 4. street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 29

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Four M Investments VII, LLC FILE#: SB-22-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Entrance and Record Plans were previously approved for this site under the name “1436 New Burton Rd” in December 2019 and October 2020 respectively. 2. A TOA for the 1436 Burton Road Project was completed in April 2019. An updated TOA may be required based on changes to trip generation. 3. The developer should schedule a pre-submittal meeting to discuss the development with DelDOT Subdivisions. 4. It is expected that DelDOT Subdivisions will need to review and approve the development through the Commercial Record and Entrance Plan process. 30

KENT CONSERVATION DISTRICT Item 4. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 2022 APPLICATION: Lands of Four M Investments VII, LLC at 1601 POW/MIA Parkway FILE #: SB-22-01 REVIEWING AGENCY: Kent Conservation District CONTACT: Kate Owens PHONE: 302-608-5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District objects to the Minor Subdivision Plan until the following is addressed: 1. Clearly delineate the top perimeter of stormwater pond #2 in the subdivision plan. 2. Adequate maintenance access must extend to the perimeter of the infiltration stormwater pond and outlet structure with a minimum width of fifteen feet. The proposed lot line may not be within 15-feet of the top of slope for stormwater pond #2. 3. Drainage easements are required be shown on plans for storm drain pipes and outfalls that are located on proposed lot 2. ADVISORY COMMENTS TO THE APPLICANT: 1. An operation and maintenance agreement of stormwater facilities and structures will be required for any future development. 2. Any future development greater than 5,000 square feet requires a pre-application meeting with Kent Conservation District. 31

Item 4. ’ FOUR M INVESTMENTS VII LLC. ++ ++ SUBDIVISION PLAT ’ ’ ’ ++ ST. JONES RIVER WATERSHED, ’ EAST DOVER HUNDRED, ’ ’ ’ KENT COUNTY, DELAWARE 0 400 800 1200 32

P:\_DBF\~Surveying\FOURM 3671\FOUR M SUBDIVISION.dwg Nov 24 , 2021 - 11:36am MILJ ++ ++ ++ ++ ++ ++ ++ ++ + + + + + + ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ 0 ++ 100 ++ 200 300 DAVIS, FOUR M INVESTMENTS VII LLC BOWEN & FRIEDEL, INC. ARCHITECTS ENGINEERS SURVEYORS EAST DOVER HUNDRED KENT COUNTY, DELAWARE 33 Item 4.

Item 5. City of Dover DATA SHEET FOR CONDITIONAL USE REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF January 5, 2022 PLANNING COMMISSION MEETING OF January 18, 2022 Plan Title: Kind Kids Early Learning Center C-22-01 Plan Type: Conditional Use Site Plan Property Location: North side of Walker Road across from Fairview Elementary School Property Address: 725 Walker Road, Dover DE Tax Parcel: ED-05-067.15-05-34.00-000 Owner: 725 Walker Road, LLC pending sale to Bluegrass Investments, LLC Lessee: Mark and Stacy Flanagan Present Zoning: C-1A (Limited Commercial Zone) Existing Use: Vacant Office Building Proposed Use: Child Day Care Center Site Area: 0.51 acres +/- (22,500 S.F.) . Building Area: Existing Building: 4,729 S.F. Proposed Child Day Care Building Area: 2,257 S.F. Sewer and Water: City of Dover Waiver Request: Elimination of Upright Curbing P. O. Box 475 Dover, DE 19903 34 Community Excellence Through Quality Service

Item 5. City of CITY OF DOVER Dover Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: January 5, 2022 APPLICATION: Kind Kids Early Learning Center at 725 Walker Road FILE #: C-22-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Plan is for review of the Conditional Use Site Plan to permit conversion of an existing 4,729 S.F. one-story building into a Child Day Care Center to serve 63 children. The property consists of one (1) parcel of land totaling 0.51 acres ± (22,500 S.F.). The property for the proposed development is zoned C-1A (Limited Commercial Zone). The property is located on the north side of Walker Road west of Pat Lynn Drive. The owner of record is 725 Walker Road, LLC pending sale to Bluegrass Investments, LLC. The property address is 725 Walker Road. Tax Parcel: ED-05-067.15-05-34.00-000. II. PROJECT DESCRIPTION: The subject area is a 4,729 S.F. vacant office building located directly across Walker Road from Fairview Elementary School. The property is also in the vicinity of the Woodcrest neighborhood to the north. The Conditional Use Site Plan is for the entire property at 725 Walker Road and for a portion of the adjacent vacant property to the west. The applicant is proposing to occupy the existing vacant building as a Child Day Care Center that will serve 63 children. The proposed hours of operations are from 6:30 am to 6:00 pm Monday through Friday. A 1,296 S.F. outdoor fenced in playground area is proposed for the site at the west end of the building and extending onto the neighboring property under the same ownership. III. ZONING REVIEW The property is zoned C-1A (Limited Commercial Zone) and subject to the provisions of Zoning Ordinance, Article 3 Section 15. This building is not currently occupied as a Child Day Care Center. C-1A does not specifically list a Child Day Care Center as permitted use. A Child Day Care Center requires Conditional Use approval in all zoning districts by the Planning Commission based on the requirements noted in the Zoning Ordinance, Article 5 §14 and Article 10 §1. The substantive requirements for Child Day Care facilities are given below: Article 5 Section 14 Child day care facilities. 14.1 General. In order to promote the development of quality child care outside of the home (day care facilities), the following two basic assumptions have been made: 35

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 2 of 8 14.11 The establishment of child day care services and facilities, wherever there is a need, is a necessary public objective; and 14.12 Day care programs for children shall be treated as community facilities and shall be permitted to locate in any zoning district, provided that need has been demonstrated, state licensing requirements have been met and no physical hazard to children can be reasonably anticipated. 14.2 Definitions. Child day care facility. For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by a parent or guardian, for periods of less than 24 hours per day shall be defined as follows: 14.21 Child day care center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or large family day care home; and (b) Any occupied residence which receives 13 or more children for compensation for day care. Child day care centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10 and to any specified requirement set forth in subsection 14.3 below, except in zoning districts where listed as a permitted use. 14.22 Family day care home-children. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a family day care home is limited to that care given to six or fewer children with a maximum of three children allowed for after school care. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. 14.23 Large family day care home-children. A facility which provides child care for more than six, but less than 13 children with a maximum of three children allowed for after school care. This care may be offered in a private home or in a property converted to the purpose of providing child day care. This form of day care facility requires the submission of a site plan application in accordance with the procedures and subject to article 10, section 2 of the zoning ordinance. If a large family day care home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with article 10 section 1 of the zoning ordinance. 14.3 Zoning criteria. 14.31 Number of children. Child day care centers shall be limited to a maximum of 50 children in all residential zones. 14.32 Outdoor play area. Must meet the state requirement for day care centers. 14.33 Off-street parking/loading. One space per each adult attendant, plus one space for every ten children. 14.34 Signage for child day care facilities: (a) Signs in residential zones i. Family day care homes-children and large family day care homes-children. One wall- mounted sign limited to two square feet. 36

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 3 of 8 ii. Child day care center. One sign, wall-mounted or freestanding, limited in area to 12 square feet. The planning commission shall consider the location of such sign as part of the conditional use review and may approve a lesser amount of sign area if deemed necessary by the commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular. (b) Signs in nonresidential zones. Child day care centers within nonresidential zoning districts shall be governed by the sign regulations in effect for the particular nonresidential zoning district in which the day care center is located. 14.35 Licensing requirements. Child day care facilities must meet state licensing standards and must be inspected by the City of Dover Fire Marshal’s Office. A City of Dover Business License and a Public Occupancy Permit is required. Conditional Use Review With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance relate to the role of the Commission in reviewing Conditional Use applications within the City when located in a non-residential zone, while also not adjacent to a residential zone: ARTICLE 10. PLANNING COMMISSION Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; If the Planning Commission approves a Conditional Use Application, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. For a property seeking Conditional Use approval which does not need an associated Site Development Plan approval (due to occupying an existing building), Article 10 §1.8 outlines the 37

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 4 of 8 submission requirements. These requirements include a map of the property showing existing conditions with the appropriate legal data and information about the proposed use. IV. PARKING SUMMARY Child Day Care Centers require one parking space for every ten children and one parking space for every adult attendant. Based on the number of proposed children (63) and the number of adult attendants (7), a total of fourteen (14) parking spaces are required. The required number of adult attendants must be confirmed based on the age and number of children. The Site Plan dated December 3, 2021 indicates that there are twenty-four (24) existing parking spaces, including two (2) handicap parking space on the property near the portico at the front of the building. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one (1) for every twenty (20) parking spaces. Based on the number of required parking spaces two (2) bicycle parking spaces are required. A bicycle parking rack is identified at the front of the building and can accommodate up to five (5) bicycles. V. SITE CONSIDERATIONS Access The property has vehicle access from a 25-foot shared access easement previously dedicated to the City of Dover off of Walker Road at the east end of the site that leads to a drive aisle with direct access to the existing parking lot of twenty-four (24) parking spaces intended to serve the Day Care Center. The access easement does not connect all the way through to Schoolhouse Lane, but the rear of the property does have access to the dead end of Schoolhouse Lane. There is pedestrian access from the stub end of Schoolhouse Lane to the parking area. There is no direct pedestrian (designated sidewalk connection) access from Walker Road onto the site. Dumpsters Dumpsters for trash collection are required for the utilization of the property. Based on the size of the tenant space, one (1) dumpster pad location and enclosure is required. In lieu of a Dumpster, the tenant has listed four 96 gallon rolling garbage cans to be collected by a private trash hauler. The area for the storage of the trash cans is to be behind a fenced-in enclosure at the rear of the building at the east end. The enclosure is a 6-foot high white vinyl privacy fence. Sidewalks Zoning Ordinance, Article 5 §18 requires sidewalks to be installed along the public street frontages of a property. There is an existing sidewalk along the entire Walker Road frontage. Additional sidewalk internal to the site is shown connecting a side door located on the west side of the building to the parking lot, as well as a sidewalk leading from the drop-off lane in front of the building which appears to access the building at the proposed conference room. The main entrance to the building is under the portico located at the east end of the building, facing the Walker Road frontage. Curbing Waiver Request: Partial Elimination of Upright Curbing - Curbing is required for all paved parking surfaces. The Plan identifies existing curbing along the entrance of the site off of Walker Road. Parking bumpers are proposed in front of all parking spaces. However, there is no curbing at the 38

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 5 of 8 west side of the parking area. A Waiver for the elimination of upright curbing was submitted noting the current conditions allow for proper sheet flow off of the parking area. VI. BUILDING ARCHITECTURE There were no elevation drawings submitted as this is an existing building to be occupied, and no exterior alterations are planned. The subject site contains one (1) existing single-story building, which appears to have painted brick in a slightly dark gray/blue color located on the lower portions of all four exterior facades. The upper walls appear to contain horizontal siding in a light gray/ blue color. There is a gable roof with gray shingles. The east end of the building has a portico (facing the Walker Road frontage) for parents to drive under to drop off their children. The main entrance to the building is located under the portico. There are two (2) additional points of egress on the west end of the building where the play yard is proposed and one (1) at the rear of the building. There is another door at the front of the building (facing east) that provides access into what is noted as a conference room. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping details indicating several existing trees. The total property area of 22,5000 S.F. was utilized as the site development area for the tree planting calculation. A total of eight (8) trees are required. There are seven (7) existing trees on the site around the east, west and south sides of the building. One (1) additional tree is proposed to be planted at the southwest corner of the building between the parking area and the proposed play yard. VIII. CITY AND STATE CODE REQUIREMENTS: 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: 1) Waiver Request: Partial Elimination of Upright Curbing: Planning Staff has granted approval of the Applicant’s Request to eliminate the curbing along the west side of the parking lot. The Applicant has stated that the addition of curbing along the west side of the parking area would prohibit the sheet flow of stormwater runoff. In addition to the existing conditions to allow for stormwater runoff the Applicant shows parking bumpers at all parking spaces. 2) Sheet C1: a) Clarification is needed as to what area of the 4,729 SF footprint of the building is not being utilized by the daycare. The area given for the daycare, office, and snack preparation areas under occupant load only add up to 3,019 SF. In the floorplan it appears the entirety of the building is being utilized by the daycare. b) The number of children is listed differently in three different places (Occupant Load, Required Parking, and Outdoor Play Area). Please clarify which number is correct and adjust the calculations on the plan based on this number. c) Clarify on the drawing the statement under Emergency Services Perimeter Access that says that parking can be no closer than 15 feet to the front of the building. The parking that is shown is only 10 feet from the front of the building. Cross reference this with Fire Marshal comment #6 regarding the distance of parking from the building when it is in between the building and fire lane. 39

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 6 of 8 d) Show the width of the parking spaces provided including the two accessible spaces. e) Provide details on the type and size of the tree being planted. Include a note that the tree must be guaranteed for one year and that it shall not be planted any closer than 10’ from any underground utilities. 3) Please provide detail on the fence type and height to be used for the proposed play yard. IX. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. To meet these code objectives, Planning Staff recommends the Planning Commission prescribe the following conditions and safeguards: 1) Conditional Use and Child Day Care Center: Staff recommends approval of the use of the building located at 725 Walker Road as a child day care center. a. The location is nearby an elementary school and the new Dover Middle Schools that are under construction. b. The property is located centrally to several residential neighborhoods. c. The property is easily accessed by car via Walker Road. d. There is multi-modal access with sidewalks along Walker Road and a signalized crosswalk at Walker Road and Pat Lynn Drive as well as several bus stops in the area. e. The use will occupy an existing building which is currently vacant. 2) Recommendation on Waiver Request for the Partial Elimination of Curbing: Staff (City Planner) grants approval of the waiver for the partial elimination of upright curbing along the west side of the parking area. All parking spaces have individual parking bumpers and the existing conditions on the site allow for proper stormwater runoff. 3) Connectivity: Staff recommends the addition of sidewalks on the west side of the building to connect the building to the gates of the proposed play yard. X. ADVISORY COMMENTS TO THE APPLICANT: 1) The Child Day Care Center is subject to licensing with the State Division of Child Care Licensing. 2) The appropriate City of Dover Business Licenses and Public Occupancy Permits will need to be obtained prior to opening of the Child Day Care Center. 3) The Child Day Care Center is subject to compliance with applicable Building Code and Fire Code provisions for this type of use. 40

Item 5. C-22-01 Kind Kids Early Learning Center - Child Day Care Center at 725 Walker Road DAC Report of January 5, 2022 Page 7 of 8 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) Following Planning Commission approval of the Conditional Use 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 Plan may be submitted for final endorsement. 6) In the event, that major changes and revisions to the plan occur in the finalization of the site plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 7) For a new use in an existing building, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and the City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building access/egress, and fire protection needs, etc. 8) The applicant shall be aware that Conditional Use 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 in order to establish this use in the existing building. 9) The applicant shall be aware that Conditional Use 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. 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. 41

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 29, 2021 APPLICATION: Kind Kids Early Learning Benter at 725 Walker Road FILE #: C-22-01 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Mark Nowak, GISP CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. The Department of Public Works has no objection to the proposed conditional use site plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 42

CITY OF DOVER Item 5. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 29, 2021 APPLICATION: Kind Kids Early Learning Center at 725 Walker Road FILE #: C-22-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, 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 building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. 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. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees may be associated with this project. 2. One meter shall be utilized for the entire building. WASTEWATER 1. Wastewater impact fees may be associated with this project. 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 . 43

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DEC 29, 2021 APPLICATION: Kind Kids Early Learning Center at 725 Walker Road FILE #: C-22-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. 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. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. 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. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 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: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. 44

Item 5. Kind Kids Early Learning Center at 725 Walker Road File #: C-22-01 Dec 29, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. Electric service is currently provided by the City in the area. 3. Payment for new service extension will be required from developer prior to construction. 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 . 45

C F C-22-01 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/29/21 D S O H V A E L R APPLICATION: Kind Kids Early Learning Center at 725 Walker Rd FILE #: C-22-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is daycare center (conditional use application). This office has no objections. NFPA 101, A.16.1.1 Suggested Staff to Client Ration in New and Existing Day-Care Occupancies Staff to Client Ratio Age (months) 1:3 0-24 1:4 25-36 1:7 37-60 1:10 61-96 1:12 97 plus 1:3 Clients incapable of self-preservation If staff to client ratios are below those suggested above, the AHJ shall determine the additional safeguards (this may include restricting the daycare to level of exit discharge only, requiring additional smoke detection, requiring automatic sprinkler protection, requiring better or additional means of egress, requiring similar types of provisions depending on the situation). NFPA 101, 3.3.198.4 Day Care Occupancy. An occupancy in which four or more clients receive care, maintenance, and supervision, by other than their relatives or legal guardians, for less than 24 hours per day. NFPA 101, 16.6.1.4.1.1 Family Day Care Home. A family day care home shall be s day care home in which more than three, but fewer than seven, clients receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. 46

Item 5. NFPA 101, 16.6.1.4.1.2 Group Day Care Home. A group daycare home shall be a day care home in which not less than 7, but not more than 12, clients receive care, maintenance, or supervision bu other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. NFPA 101, 3.3.68 Dwelling Unit definitions 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.4) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 25% and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5) 5. Fire lanes shall cover N/A of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 47

Item 5. 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 12. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 13. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an 48

Item 5. occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 14. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings 49

Item 5. storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 50

Item 5. 15. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 16. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 17. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 18. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 19. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. 51

Item 5. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 20. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 21. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) 52

Item 5. Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 22. 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. NFPA 101 23. Project to be completed per approved Site Plan. 24. Full building and fire plan review is required. 25. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 26. Construction or renovations cannot be started until building plans are approved. 53

Item 5. 27. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 28. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. 10’ perimeter access shown (item #4 listed above). This is acceptable due to the 2021 Delaware State Fire Prevention Regulations. 2. Fire alarm noted as existing. Please ensure that the system is a NFPA 72 compliant system. 3. Ensure gates have proper panic hardware if they are in an egress path. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 54

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Kind Kids Early Learning Center FILE#: C-22-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. DelDOT has no comments regarding the conditional change of use. 55

KENT CONSERVATION DISTRICT Item 5. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 2022 APPLICATION: Kind Kids Early Learning Center at 725 Walker Road FILE #: C-22-01 REVIEWING AGENCY: Kent Conservation District CONTACT: Kate Owens PHONE: 302-608-5370 EMAIL: stormwater@kentcd.org THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Kent Conservation District has no objection to the conditional use site plan for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Construction activities that disturb less than 5,000 square feet are exempt from Delaware Sediment and Stormwater Regulations. 56

Item 5. REVISIONS BY NEW FLOODLIGHTS WILL BE ADDED TO THE TWO EXISTING GABLES TO ILLUMINATE THE PARKING LOT. CONDITIONAL USE SITE PLAN DATA COLUMN: PAINT: SOME STRIPING IS EXISTING. ALL NEW STRIPING SHALL BE 4" WIDE. ONLY VIVID AND DURABLE PAINT SHALL BE USED AND SHALL BE SUITABLE FOR STREET SURFACES. TYPICAL STRIPING SHALL BE WHITE. ACCESSIBLE SPACES, AISLES, DAYCARE NAME: KIND KIDS EARLY LEARNING CENTER, INC. (NOTE THAT CHILD DAYCARE CENTER IS SUBJECT TO LICENSING WITH THE AND INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL BE BLUE. YELLOW PAINT USED FOR FIRE LANES SHALL BE THE STATE DIVISION OF CHILD CARE LICENSING AND THE APPROPRIATE CITY OF DOVER BUSINESS LICENSES AND PUBLIC ACCEPTED YELLOW AS UTILIZED BY DELDOT. OCCUPANCY PERMITS WILL NEED TO BE OBTAINED PRIOR TO OPENING OF THE CHILD DAY CARE CENTER) EMERGENCY SERVICES ADDRESS: 725 WALKER ROAD, DOVER, DELAWARE 19904 PERIMETER ACCESS: PER CITY FIRE MARSHAL, PERIMETER ACCESS SHALL BE 25% WHEN SPRINKLERED AND BE CLEARLY MARKED ON THE PLANS. PER DSFPR 705.4.5, MINIMUM WIDTH OF PERIMETER ACCESS SHALL BE 10' FROM FACE OF BUILDING WHEN HOURS & DAYS SINGLE STORY, AT GRADE, WITH A MAXIMUM SLOPE OF 10%. PARKING SHALL NOT BE LOCATED CLOSER THAN 15' FROM OF OPERATION: MONDAY -- FRIDAY 6:30 AM TO 6:00 PM; THE FACE OF THE BUILDING. SATURDAY AND SUNDAY CLOSED ACTUAL: PERIMETER ACCESS IS 287' OF THE EXISTING 358' PERIMETER, FOR 80%, AS SHOWN ON THE PLANS USING NEW DASHED LINE. PARKING IS NEW AND EXISTING AND IS 10' FROM FACE OF BUILDING. OWNER'S NAME & ADDRESS: 725 WALKER ROAD LLC, 295 TROON ROAD, DOVER, DE 19904 DESIGN OF FIRE LANES: PER CITY FIRE MARSHAL, FIRE LANES SHALL COVER 25% OF THE BUILDING. PER DSFPR 705.6.2, WIDTH OF FIRE LANES UNDER CONTRACT BY BLUEGRASS INVESTMENTS, LLC, 2126 W. NEWPORT PIKE, SUITE 200, WILMINGTON, DE 19904 SHALL BE MINIMUM 24' WIDE. PER 705.6.4 AND 705.6.5, THE CLOSEST EDGE OF FIRE LANES SHALL BE MINIMUM 10' AND NO FURTHER THAN 50' FROM THE EXTERIOR WALL OF THE BUILDING. PER 705.6.4.1, WHERE PARKING IS LOCATED BETWEEN TAX MAP NUMBER: ED-05-06715-05-3400-000 BUILDING AND FIRE LANE, PARKING SHALL BE MINIMUM 10' FROM THE EXTERIOR WALL OF THE BUILDING. ACTUAL: NEW FIRE 24' WIDE LANE IS SHOWN AND COVERS 150' OF THE PERIMETER, FOR 42%. THE CLOSEST EDGE OF THE LOT AREA: 22,500± S.F. / 0.51 ACRES FIRE LANE FROM THE EXTERIOR WALL OF THE BUILDING IS 30'-0". THE PARKING IS EITHER 10' AWAY FROM THE BUILDING OR BEYOND THE FIRE LANE AT 54' FROM THE BUILDING. ZONING: C-1A MARKING OF FIRE LANES: PER DSFPR 705.7, BOTH INNER AND OUTER EDGES OF THE FIRE LANE SHALL BE MARLED WITH 4" WIDE SOLID YELLOW TYPE OF SOILS: HAMBROOK - URBAN LAND COMPLEX, 0 TO 5 PERCENT SLOPE DEMARCATION LINE. FIRE LANE SIGNS SHALL BE LOCATED MAXIMUM 150' APART AND PLACED AT THE BEGINNING AND END OF THE FIRE LANE, FACING ONCOMING TRAFFIC, AT 6' TO 8' ABOVE THE PAVEMENT. WHERE PARKING IS RESTRICTED, "NO PARKING" OCCUPANCY TYPE: PROPOSED GROUP I-4 DAYCARE SHALL BE PAINTED IN THE SPACE WITH WORDS MINIMUM 6' HIGH AND 12' IN LENGTH. WHERE PARKING IS NOT RESTRICTED, BUILDING AREA: 4,729 S.F., EXISTING FOOTPRINT ROADWAY MARKINGS SHALL USE THE WORDS "FIRE" AND "LANE," IN LIEU OF SIGNS, MINIMUM 10' HIGH, SPACED NO MORE THAN 30' APART, REPEATED AT 100' INTERVALS. ALL STRIPING SHALL BE 4" WIDE. ONLY VIVID AND DURABLE PAINT SHALL BE USED AND DAYCARE AREA: 2,257 S.F. (NET) PROPOSED DAYCARE SHALL BE SUITABLE FOR STREET SURFACES. YELLOW PAINT USED FOR FIRE LANES SHALL BE THE ACCEPTED YELLOW AS UTILIZED BY DELDOT. CHANGE TO IMPERVIOUS: EXISTING IMPERVIOUS: 16,4547 S.F. (73%) ACTUAL: FIRE LANE SIGNS AT THE BEGINNING AND END OF THE FIRE LANE ARE SHOWN, AND ARE 150'± APART. PROPOSED CHANGE TO IMPERVIOUS = NONE DEMARCATION LINES AND "FIRE" "LANE" MARKINGS ARE SHOWN. LOCATION MAP SCALE = 1" = 1,200'± LOCATION MAP SCALE = 1" = 400'± OCCUPANT LOAD PER NFPA 101: DAYCARE - 2,257 NET S.F. ÷ 35 S.F. = 64 CHILDREN OUTDOOR PLAY AREA: REQUIRED OUTDOOR PLAYGROUND AREA = 75 S.F. x (.25 x NO. OF CHILDREN) 75 S.F. x (.25 x 68) = 75 S.F. x 17 = 1,275 S.F. REQUIRED OFFICE AND ADMIN. - 654 S.F. ÷ 100 S.F. = 6 OCCUPANTS SNACK PREPARATION - 108 S.F. ÷ 100 S.F = 1 OCCUPANT ACTUAL = 1,296± S.F. PROPOSED FENCED IN OUTDOOR PLAY AREA SHOWN. A PORTION OF THE OUTDOOR PLAY YARD TOTAL DAYCARE SIDE 71 OCCUPANTS ENCROACHES ONTO THE ADJACENT PROPERTY WHICH HAS BEEN PURCHASED BY THE SAME OWNER AND IS USED BY PERMISSION. SPRINKLERS & KNOX BOX: SPRINKLERS ARE REQUIRED PER 16.3.5.1 OF THE 2021 NFPA 101 FOR DAY CARE. EXISTING BUILDING IS NOT SPRINKLERED. SPRINKLERS WILL BE PROVIDED IN THE ENTIRE BUILDING, INCLUDING BASEMENT AND ATTIC. NEW SPRINKLER RISER WILL TREES: 22,500 S.F. ÷ 3,000 S.F. PER TREE = 8 TREES REQUIRED BE IN EXISTING CRAWL SPACE. KNOX BOX WILL ALSO BE PROVIDED. ACTUAL: 7 TREES ARE EXISTING TO BE PRESERVED, AS SHOWN. ONE ADDITIONAL TREE WILL BE PLANTED, AS SHOWN. FIRE ALARM: FIRE ALARMS ARE REQUIRED TO MONITOR THE SPRINKLER SYSTEM. FIRE ALARM IS EXISTING AND WILL BE MODIFIED. TRASH COLLECTION: FOUR 96 GALLON ROLLING TRASH CONTAINERS WILL BE USED AND STORED BEHIND THE BUILDING IN THE EXISTING FENCED AREA. TRASH COLLECTION SHALL BE CONTRACTED BY OWNER. NO TRASH WILL ACCUMULATE ON THE SITE. CITY REQUIRED PARKING: 63 CHILDREN ÷ 10 CHILDREN PER SPACE = 7 PARKING SPACES OF DOVER TRASH SERVICES SHALL BE CANCELED. 7 ADULTS ÷ 1 ADULT PER SPACE = 7 PARKING SPACES TOTAL REQUIRED = 14 PARKING SPACES OWNER CERTIFICATION: WE, BLUEGRASS INVESTMENTS, L.L.C., HEREBY CERTIFY THAT WE ARE THE OWNER AND LESSOR OF THE PROPERTY BIKE RACK REQUIRED FOR MINIMUM 2 BIKES DESCRIBED AND SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO BE ACT AND DESIRE THE PLAN BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE LAWS AND ACTUAL PARKING: EXISTING AND RELOCATED, INCLUDING 2 ACCESSIBLE SPACES = 24 PARKING SPACES REGULATIONS RACK FOR UP TO 5 BICYCLES IS SHOWN. SITE LIGHTING: NEW FLOODLIGHTS WILL BE ADDED TO THE TWO EXISTING GABLES TO ILLUMINATE THE PARKING LOT. DATE: SIGNATURE: (OWNER/LESSOR) ROBERT STELLA SOME STRIPING IS EXISTING. ALL NEW STRIPING SHALL BE 4" WIDE. ONLY VIVID AND DURABLE PAINT SHALL BE USED ARCHITECT CERTIFICATION: I, WILLIAM BYLER, JR, HEREBY CERTIFY THAT I AM A REGISTERED ARCHITECT IN THE STATE OF DELAWARE, THAT THE INFORMATION SHOWN HERON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF REPRESENTS GOOD ARCHITECTURAL PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DELAWARE DATE: SIGNATURE: (ARCHITECT) WILLIAM BYLER, JR. DRAWING LIST: KIND KIDS EARLY LEARNING C1 CONDITIONAL USE SITE PLAN AND DATA COLUMN EXISTING VINYL 150.00' N81°26'12"W FENCING EXISTING GATE 15' B.R.L. TRASH CAN STORAGE AREA ONE STORY EXISTING FRAME CENTER GATE 36'-0" 10'-0" BUILDING TENANT FITOUT FOR NEW FENCED 36'-0" OUTDOOR 4,729 S.F. FOOTPRINT 725 WALKER ROAD PLAY AREA DOVER, DELAWARE 19904 NEW FLOODLIGHTS RED LETTERS GATE SYMBOLS & 1'-0" 10' PERIMETER ACCESS BORDER SHOWN DASHED WHITE 10'-0" DROP-OFF BACKGROUND NEW TREE NEW BIKE RACK 1'-6" AREA REMOVE BUMPER, TYP. N08°22'20"W S08°22'20"E ACCESS EASEMENT 10'-0" 2" RND. GALV. 6'-0" MINIMUM BLACKEN STRIPING, TYP. STEEL PIPE CONDITIONAL 2'-6" NEW LOCATION OF EXISTING USE SITE PLAN 20'-0" (25' WIDE) BUMPER, TYP GRADE 150.00' AND DATA 150.00' NEW STRIPING COLUMN 1'-9" 15' B.R.L. NEW FIRE LANE MARKING CONCRETE 15' B.R.L. EXISTING ASPHALTIC CONCRETE 24'-0" PARKING 8" 25' B.R.L. 10'-0" 25'-1" DRAWN NEW "FIRE LANE" SIGN MAS NEW "FIRE LANE" SIGN CHECKED W.B. 20'-0" DATE 3 DECEMBER 2021 "FIRE LANE" SCALE 150.00' S81°26'12"W SIGN ELEVATION NOTED JOB NO. 1/2" = 1'-0" C1514-1121 0' 20' 40' 60' WALKER ROAD SHEET CONDITIONAL USE SITE PLAN C1 (60' WIDE) 1 inch = 20 ft. 1" = 20' OF SHEETS 57

Item 5. REVISIONS BY 5' CORRIDOR 5'-0" 49'-5" 10'-10" 10'-11" 11'-2" 11'-2" SNACK PREPARATION LAUNDRY TODDLER TODDLER TODDLER TODDLER ATTIC ONE-YEAR OLD ROOM 1 ROOM 2 ROOM 3 ROOM 4 STAIR 1 JANITOR ROOM 213 S.F. 214 S.F. 219 S.F. 218 S.F. CLOSET 231 S.F. 6 CHILDREN 6 CHILDREN 6 CHILDREN 19'-7" 6 CHILDREN 7 CHILDREN CLOSET STAFF 11'-5" ATTIC TOILET 32'-0" 5'-0" STAIR 2 CHILD TOILET UTILITY TODDLER ROOM 10 149 S.F. 4 CHILDREN 5' CORRIDOR CLOSET RECEPTION AND ADMINISTRATION INFANT ROOM 5' CORRIDOR 11'-6" 367 S.F. 10 CHILDREN CLOSET CLOSET 21'-9" CORRIDOR TODDLER ROOM 9 KIND KIDS EARLY LEARNING 143 S.F. NEW BOTTLE 4 CHILDREN FILLER 13'-7" SENSORY TODDLER TODDLER TODDLER TODDLER ROOM ROOM 5 ROOM 6 ROOM 7 ROOM 8 EXISTING 119 S.F. 9'-10" 10'-3" 116 S.F. 136 S.F. 132 S.F. NEW EXISTING ENTRY BATH 3 CHILDREN 3 CHILDREN 4 CHILDREN 4 CHILDREN ADA TOILET ADA TOILET 12'-1" 9'-10" 10'-0" 9'-10" 5'-0" 5'-4" 16'-11" TENANT FITOUT FOR CENTER 725 WALKER ROAD DOVER, DELAWARE 19904 CONFERENCE 2009 IBC PROJECT DATA: ROOM ACTUAL: 100% OF PUBLIC ENTRANCES ARE ACCESSIBLE. OWNER'S NAME AND ADDRESS: 725 WALKER ROAD LLC, 295 TROON ROAD, DOVER, DE 19904 FIRE ALARM SYSTEM: PER [F] 907, FIRE ALARM NOT REQUIRED IN GROUP I-4. UNDER CONTRACT BY BLUEGRASS INVESTMENTS, LLC, 2126 W. NEWPORT ACTUAL: FIRE ALARM IS EXISTING. PIKE, SUITE 200, WILMINGTON, DE 19904 SPRINKLERS: REQUIRED BY NFPA 101 SINCE A DAYCARE. TAX MAP NUMBER: 2-05-O6715-051-3400-000 ACTUAL: SPRINKLER SYSTEM SHALL BE PROVIDED. ZONING: C1A PLUMBING FIXTURES: DAYCARE SIDE, BASED ON 71 OCCUPANTS: PROJECT TOILETS - 71 ÷ 15 = 5 TOILETS REQUIRED CODES: CITY OF DOVER MUNICIPAL CODE, CHAPTER 22, BUILDINGS AND BUILDING PROVIDED: 5 TOILETS ARCHITECTURE REGULATIONS, AND CHAPTER 46 FIRE PROTECTION AND PREVENTION LAVATORIES - 71 ÷ 15 = 5 LAVATORIES REQUIRED DELACARE 2020 PROVIDED: 5 LAVATORIES IBC YEAR 2009 BATHTUB OR SHOWER - 1 REQUIRED IPC YEAR 2015 PROVIDED: 1 SHOWER IMC YEAR 2015 DRINKING FOUNTAINS - 1 REQUIRED IEBC 2009 NEC YEAR 2006 PROVIDED: 1 BOTTLE FILLER NFPA 101 LIFE SAFETY CODE 2015 SERVICE SINK - 1 REQUIRED ICC / ANSI 117-1 2006 PROVIDED: 1 SERVICE SINK IN NEW JANITOR CLOSET OCCUPANCY CLASSIFICATION: PROPOSED GROUP I-4 DAYCARE DRAWN MAS CONSTRUCTION TYPE: VB CHECKED NO. OF EXITS: EACH SPACE IS REQUIRED TO HAVE 2 EXITS. W.B. DATE ACTUAL: 5 EXISTING EXITS. 3 DECEMBER 2021 OCCUPANT LOAD: DAYCARE - 2,257 NET S.F. ÷ 35 S.F. = 64 CHILDREN SCALE OFFICE AND ADMIN. - 654 S.F. ÷ 100 S.F. = 6 OCCUPANTS NOTED SNACK PREPARATION - 108 S.F. ÷ 200 S.F = 1 OCCUPANT JOB NO. BUILDING TOTAL DAYCARE SIDE 71 OCCUPANTS C1514-1121 ARCHITECTURE SHEET A1 1/4" = 1'-0" OF SHEETS 58

Item 5. 59

Item 6. City of Dover, Delaware Summary of Applications 2020 2021 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Application Type Q1 Q2 Q3 Q4 Total Q1 Q2 Q3 Q4 Total Board of Adjustment 25 38 20 15 15 13 15 17 14 15 16 17 12 9 3 1 0 1 5 0 1 0 3 4 Annexations 10 4 3 1 0 0 1 3 0 1 3 0 2 1 2 1 0 0 3 1 1 1 1 4 Conditional Use 8 7 14 8 5 7 6 11 6 4 5 6 5 8 1 0 2 2 5 3 1 2 2 8 Site Plans 49 66 43 29 33 23 20 21 24 16 24 33 12 25 1 3 4 6 14 4 3 2 5 14 Subdivisions 7 7 2 7 5 2 2 6 5 2 0 2 4 1 1 0 1 0 2 1 1 3 0 5 Rezoning 13 10 11 5 8 6 2 3 4 4 7 5 3 6 1 0 0 2 3 3 2 1 1 7 Miscellaneous 17 23 20 15 20 17 24 22 14 14 18 8 13 8 2 3 1 2 8 3 6 0 2 11 Unified Sign 0 1 3 1 0 2 2 3 1 2 4 2 0 0 0 0 0 0 0 0 0 0 0 0 Historic District Commission 9 7 4 4 11 5 7 5 6 8 6 4 3 4 1 0 0 1 2 2 1 2 1 6 TOTAL 138 163 120 85 97 75 79 91 74 66 83 77 54 62 12 8 8 14 42 17 16 11 15 59 *Summary of Applications through year end of 2021 including all 2021 Meetings of the Planning Commission, Board of Adjustment and Historic District Commission and Administrative Plan Reviews. 60