Planning Commission Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, March 20, 2023 at 7:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware 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. IN-PERSON and VIRTUAL MEETING NOTICE The Planning Commission Meeting for March 20, 2023 will be held as an In-Person Meeting at City Hall in City Council Chambers. The public is welcome to attend in person. The meeting will also be provided as a Virtual Meeting using WebEx an audio/visual conferencing systems 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 March 20, 2023 Join by Phone Dial: 1-650-479-3208 Access Code: 2539 792 2637 (Password: 3683772) Join Online https://bit.ly/PCMeeting3202023 Webinar Number: 2539 792 2637 Webinar Password: DoverPC 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 ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of February 21, 2023 1

PLANNING COMMISSION - March 20, 2023 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is scheduled for Monday, April 17, 2023 at 7:00pm. Update on City Council Actions Department of Planning & Inspections Updates OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Requests for Extension of Planning Commission Approval: 2. C-21-02 JJ’s Learning Experience 2 Child Day Care Center at 756 South Little Creek Road - Request for one year extension of Planning Commission Approval granted on April 19, 2021 for Conditional Use Application to permit renovation of a 10,111 SF space in an existing one- story 33,143 SF building into a Child Day Care Center to serve 170 children. The property consists of a 2.39 acre+/- parcel and is located on the south side of South Little Creek Road opposite Babb Drive. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Empire Medical, LLC and the applicant is JJ’s Learning Experience 2. Location Address: 756 South Little Creek Road Suite 1. Tax Parcel: ED-05-077.00-01-03.00-000. Council District 2. 3. C-21-03 Warehouse Building at College Business Park Lot D – Request for one-year extension of Planning Commission Approval granted March 15, 2021 for Conditional Use Site Development Plan to permit construction of a 9,520 SF one story Commercial Warehouse Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M (Manufacturing Zone). The property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The owner of record is Stoltzfus LLC (HSM Exchange LLC). Property Address: 1255-1257 College Park Drive. Tax Parcel: ED-05-067.00-02-12.06-000. Council District 4. Pending Development Application: 4. S-23-05 Tidal Wave Auto Spa at 245 N. Dupont Highway - Continued Review of a Site Development Plan and Lot Consolidation Plan for two (2) parcels totaling 2.15 +/- acres at 245 North DuPont Highway. The Plan is to permit construction of a 3,690 SF Car Wash facility, 24 vacuum spaces, and associated site improvements. The properties are zoned C-4 (Highway Commercial Zone). The parcels consist of a total of 2.15 +/- acres and is located on the northeastern corner of N Dupont Highway and White Oak Road. The owner of record is TWAS Properties LLC. Property Addresses: 245 and 243 N Dupont Highway. Tax Parcel IDs: ED-05- 068.18-01-13.00-000 and ED-05-068.18-01-12.00-000. The Planning Commission conducted a Public Hearing and began review of this application at their February 21, 2023 and deferred action seeking additional information. NEW APPLICATIONS 5. AX-23-02 Lands of Christina L. Kelleher at 273 Acorn Lane - Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel 2

PLANNING COMMISSION - March 20, 2023 PAGE 3 of land totaling 0.611 acres+/- located at 273 Acorn Lane. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed Zoning is R-8 (One Family Residence Zone). The property is located on the west side of Acorn Lane between Revolutionary Boulevard and South Hancock Avenue. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Medium Density. The property owner is Christina L. Kelleher. Property Address: 273 Acorn Lane. Tax Parcel: ED-00-068.19-01-13.00-000. Proposed Council District 3. Ordinance #2023-02. The First Reading of this Annexation Request was held on February 13, 2023. Public Hearing before the Planning Commission is scheduled for March 20, 2023 and City Council on April 10, 2023. 6. SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Public Hearing and Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a cul-de-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot); Increased Percentage of Lots on Cul-de-sac; and Elimination of Sidewalk on Monroe Terrace Frontage of Residual Lot. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street – Public Hearing and Review of Site Development Plan for construction of two 6-story mid-rise apartment buildings with a total of 385 units consisting of studio, 1 bedroom, and 2 bedroom units. The ground level of each apartment building is parking and the other site improvements include six 7-car garage buildings, parking lots, landscaping, and recreation areas. The Project also includes street construction/improvements to Raymond Street and Railroad Avenue. A Lot Consolidation Plan will combine the four parcels located east of Railroad Avenue for a total of 31.08 acres of land. These properties are zoned RG-5 (General Residence Zone for Mid-Rise Apartments). The subject area is located north of, but not adjacent to College Road, and east of the Railroad corridor in the vicinity of Raymond Street, Railroad Avenue, and Grove Street. Property Owners: Patel College Properties, LLC and Patel Excess College Road, LLC. Tax Parcels: ED- 05-067.00-02-53.00-000, ED-05-067.00-02-54.00-000, ED-05-067.00-02-55.00-000, and ED- 05-067.00-02-56.00-000. Council District 4. Waiver Requests: Reduction of Parking Requirement. Consideration of Active Recreation Area Plan. NEW BUSINESS ADJOURN Posted Agenda: March 10, 2023 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 FEBRUARY 21, 2023 The Meeting of the City of Dover Planning Commission was held on Tuesday, February 21, 2023 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 (virtual), Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), and Mrs. Maucher. Mrs. Malone was absent. Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Ms. Katherine Oehmke, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also present were Mr. Kyle Burchard, Mr. Patricia Keller, Mr. Jim Eriksen, Mr. L.B. Steele, Mr. David Kuklish, Mr. Mark Dunkle, and Mr. Jonathan Street. Speaking from the public were Mr. Scott Pedis, Mr. Thomas Coffman, Mr. Osturm, Mr. Cameron Gerrick, Ms. Denise Cottman, Mr. Paul Cartanza, Jr., Mr. Charles Mayhall, Mr. Brian Carbaugh, Mr. Ron Virdin, Ms. Mary Ellen Opdyke, Mr. John Orona and Mr. Donald Opdyke. APPROVAL OF AGENDA Mrs. Maucher stated that the Commission was provided with a Revised Agenda. Please note that application C-23-01 TLC Childcare, LLC at 901 S State Street will not be heard by the Planning Commission as that application was withdrawn. There is also a request for an extension of Planning Commission approval for Site Development Master Plan application S-21-03 Three Lots at Secure Storage on Lafferty Lane: Master Plan and that has been added under Old Business. Mrs. Denney moved to approve the Revised Agenda as submitted, seconded by Mr. Baldwin and the motion was unanimously carried 8-0 with Mrs. Malone absent. APPROVAL OF MEETING MINUTES OF JANUARY 17, 2023 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of January 17, 2023, seconded by Mr. Baldwin and the motion was unanimously carried 8-0 with Mrs. Malone absent. COMMUNICATIONS & REPORTS Mrs. Gray provided an update on the regular City Council and various Committee meetings held on January 23 & 24, 2023 and February 13 & 14, 2023. Mrs. Melson-Williams stated that there is a training session coming up for Advanced Land Use Law on March 3, 2023. This one will actually be held in-person. If you are interested in attending that please let Planning Staff know so they can get you registered. Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, March 20, 2023 at 7:00PM in the City Hall Council Chambers. You do have a number of applications that will be coming to you. Mrs. Melson-Williams stated as noted by Mrs. Gray, the City’s Annual Report for our Department was presented to City Council. The full report itself is rather lengthy but they did 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 include in the packets tonight a summary listing of the applications that were processed by our office. A number of them did appear in front of this Commission and we may still be working with them to get them to Final Plan Approval. This gives you a sense of the various applications that we have been dealing with. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- Person Meeting and Virtual Meeting using the WebEx system. OLD BUSINESS Requests for Extensions of Planning Commission Approval: S-21-03 Three Lots at Secure Storage on Lafferty Lane: Master Plan - Request for one year extension of Planning Commission Approval granted March 15, 2021 of a Conditional Use Site Plan for the construction of Site Development Master Plan Application to permit development of three (3) existing parcels. The parcels are listed as Lots 2, 3, and 4 respectively; with Lot 1 being the main parcel for the Secure Storage Facility. Lot 2 is proposed to contain a Building of 23,600 +/- SF with associated site improvements. Lot 3 is proposed to contain a Building of 23,600 +/- SF with associated site improvements. Lot 4 is proposed to contain a Building of 21,400 +/-SF with associated site improvements. The proposed development area of the three Lots totals 7.67 acres +/- and is zoned IPM (Industrial Park and Manufacturing Zone). The land tracts are located on the north side of Lafferty Lane and east of Bay Road. The owner of record is Secure Storage LLC. Property Addresses: unaddressed but are adjacent to 640 Lafferty Lane. Tax Parcels: ED- 05-077.00-01-25.01-000, ED-05-077.00-01-25.02-000, and ED-05-077.00-01-25.03-000. Council District 2. The three Lots were created as part of a Minor Subdivision Plan with Site Plan S-02-23 Secure Storage LLC for Mini-Storage Facility (Lot 1) in 2002. Representative: Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this request for extension is related to S-21-03 which was a Site Development Master Plan that appeared before this body in March 2021. With Master Plans, they are overall good for a period of five years; however, within the first two years you must submit an Administrative Site Plan for your first phase of construction, have that approved and commence activity. The applicant in this case, has filed the Administrative Site Plan S-22-15 and Staff has provided them at least one round of review comments. However, it is somewhat unlikely that they may be under construction by the end of March so they are seeking the opportunity for a one-year extension of that Master Plan approval. The Ordinance allows for such consideration by the Planning Commission. Mrs. Welsh moved to approve S-21-03 Three Lots at Secure Storage on Lafferty Lane: Master Plan for a one-year extension, seconded by Dr. Jones and the motion was carried 8-0 by roll call vote with Mrs. Malone absent. Mrs. Welsh voting yes. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Denney voting yes. Mr. Hartman voting yes; based on Planning Staff comments about the project moving forward. Mr. Baldwin voting yes. Dr. Jones voting yes; the applicant is moving forward. Mrs. Maucher voting yes. 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 NEW APPLICATIONS S-23-03 NeighborGood Partners Division Street Office at 223 West Division Street – Public Hearing and Review of a Site Development Plan Application to permit construction of a two- story 6,226 SF office building and associated site improvements. The property is zoned C-1A (Limited Commercial Zone). The property is located on the north side of W. Division Street, east of N. New Street. The owner of record is NCALL, Inc. Property Address: 223 W. Division Street. Tax Parcel: ED-05-076.08-05-29.00-000. Council District 4. Waiver Request: Elimination of Upright Curbing. For Consideration: Tree Mitigation Plan. This site was most recently subject to Site Development Plan Application S-19-13 which was approved by Planning Commission in July 2019, but construction had not commenced, and Plan Approval has since expired. Representative: Mr. Kyle Burchard, Mountain Consulting; Ms. Patricia Keller, NeighborGood Partners Mr. Swierczek stated that this is a Site Development Plan Application for a two story, a little over 6,200 SF office building for the organization knowns as NeighborGood Partners previously known as NCALL). Some of you may remember that a previous iteration of this plan had come before the Planning Commission in July 2019 under application S-19-13. Initially this was for a three story building. It returned in November 2020 and it had revised the design of the building down to two stories. They had achieved Final Plan Approval in May 2022; however, the Plan which has been granted a one-year extension approval through the end of June 2022 had not submitted permits yet. As such, the Plan did expire. NeighborGood Partners has indicated that they wish to return to this project which is why they had to resubmit. There are very few design changes from the second version of the initial submission. The rendering shows a two-story building facing Division Street and with New Street to the left of the picture there. They have submitted a Tree Mitigation Plan. Supplementary information from the applicant indicated that one additional tree each was to be planted at 26 and 28 N. Kirkwood Street which are single family homes developed by the subject organization. They had also submitted a Waiver Request for upright curbing. Due to the limited size of the site, there is only one vehicle access point to the rear of the building. There is a paved alley where there are providing three parking spaces but due to the sort of tight nature of the site, they requested the upright curbing waiver to allow for stormwater management. He will also note that this Plan had previously been addressed as 223 and 225 West Division Street. The previous Plan had gotten the Final Plan Approval. They did get the lot consolidation recorded with Kent County prior to the expiration of the plan so that part is complete from the original submission. It is just now the one parcel of land with the one address of 223 W. Division Street. Mrs. Melson-Williams stated that she will note that she is getting some messages from some people saying that they are having a difficult time hearing. If you are here in the room, make sure you are talking directly into your microphone. Mr. Burchard stated that they worked with the DAC through their comments and they note that there is tree mitigation to be done and the other waiver for curbing. Other than that, the recommendations of Staff are noted and acceptable to bring them to the conclusion of this 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 review. Ms. Keller stated that they are ready to release the bid for the GC on this project. They are looking forward to moving ahead and hopefully building what will be a real asset for the City on this corner of N. New Street and W. Division Street. Mr. Hartman stated that he notes in the Waiver Request for the Tree Mitigation Plan that it shows the trees will be planted between the sidewalk and the street. He would like to ask Planning Staff if they feel that is a good idea. Responding to Mr. Hartman, Mr. Swierczek stated that on the whole that is a fairly standard practice. In new subdivision developments, for example, they will put trees in that space between the sidewalk and the road. Were you speaking as to whether or not there would be enough space for the tree to grow? Mr. Hartman stated that he was just thinking about the damage that has been caused by trees on N. State Street. Responding to Mr. Hartman, Mr. Swierczek stated that he can’t speak to that specifically but he does know that generally because of the location of these properties that NeighborGood Partners works with in general, they tend to develop their properties in the Downtown area. The lots are going to be somewhat more limited as to available space for tree plantings. That would be generally a common practice to put trees in that spot. They can certainly look to see if there is a somewhat more advantageous area or spacious area of the properties that they could look to do tree plantings in the future. Mr. Hartman stated that on his street there are no trees planted like that and it seems to him that if you are going to have Tree Mitigation Plan that you would want to put a tree somewhere where it’s going to be able to grow and not be damaged. It just doesn’t appear to him that that would be a location where that could happen. Mrs. Denney stated that she agrees with her colleague. She happens to live on State Street and has a lovely tree that is right in front of her home. It can be a lot of clean up with leaves and acorns, but she doesn’t mind it because it is lovely. However, it is a trip hazard because of the roots. From time to time she is out picking up some senior off of the sidewalk who has stumbled or maybe a family with kids on bikes. She knows that there are species of trees that are less likely to lift the roots. She thinks that her preference would be that a list be provided with applicants who are doing this thing so that they can choose something that does not cause that problem. Typically, it is the homeowner or the business owner that is expected to repair the roots by lifting the concrete to fix the roots or patch the concrete, which they have done on more than one occasion. But Mother Nature is a force and the sidewalk gets lifted. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to approve S-23-03 NeighborGood Partners Division Street Office at 223 West Division Street acknowledging that Planning Staff has already approved the Waiver for the upright curbing and considering the Waiver for the Tree Mitigation Plan, he would like to stipulate that that should be approved with due consideration given to avoiding sidewalk damage that the City has experienced in the past, seconded by Mrs. Denney and the motion was carried 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 8-0 by roll call vote with Mrs. Malone absent. Mr. Hartman voting yes; based on the comments provided in the DAC Report. Mr. Baldwin voting yes; for reasons stated. Dr. Jones voting yes; for reasons already stated. Mrs. Welsh voting yes; for reasons stated. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons stated. Mrs. Denney voting yes; she thinks that this is a lovely improvement to that area and well needed. Mrs. Maucher voting yes; based on comments from Staff and the DAC and agrees that it is a nice improvement to the area and will help with Downtown redevelopment. S-23-04 Leander Lakes III Apartments – Public Hearing and Review of a Site Development Application for the construction of eight (8) 3-story garden style apartment buildings, and 1 (one) 2-story 8 unit building for a total of two hundred (200) units. Also proposed are 450 parking spaces, walking paths, landscaping, recreation areas and other site improvements. The project area of 25 acres is zoned RM-2 (Medium Density Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone) with the balance of the overall property zoned R-10 (One Family Residence Zone and partially subject to COZ-1 (Corridor Overlay Zone). The application includes a Minor Subdivision Plan to create Lot 1 of 50.19 acres+/- (residual) and Lot 2 of 25 acres (project area). The property is located on the south side of Forrest Avenue west of Dover High Drive. The owner of record is Calvary Baptist Church of Dover and equitable owner/developer is Leander Lakes III, LLC. Property is currently addressed as 2285 Forrest Avenue. Tax Parcel: ED-05-075.00-01-06.00-000. Council District 1. For Consideration: Active Recreation Area Plan. The property was the subject of Rezoning Application Z-22-02 approved October 2022 and Conditional Use Site Plan Application C-19-06 Calvary Baptist Church. Representatives: Mr. Jim Eriksen, Solutions IPEM; Mr. L.B. Steele, representative of equitable owner/developer Leander Lakes III Mrs. Melson-Williams stated that this is a Site Development Plan for Leander Lakes III Apartments. This is a location that is out on the western edge of Dover on the south side of Forrest Avenue. The image on the screen reflects the area of the project site. The overall parcel that is owned currently by Calvary Baptist Church is just over 75 acres of land. With this Site Plan Application there is a request to subdivide the property to create the project area of 25 acres of this garden style apartment project. The remaining residual land of just over 50 acres in the current proposed location of a new church build for Calvary Baptist Church of Dover that was reviewed through a Conditional Use Site Plan Application previously and has Final Plan Approval for that development as a church. Preparations are ongoing regarding its construction. This 25-acre portion of the overall tract of land went through a Rezoning process back in the Fall of 2022 and the 25-acre portion of land is now zoned RM-2 (Medium Density Residence Zone). The front portion of the property is actually subject to the COZ-1 (Corridor Overlay Zone) and that is the image on the right hand side. There is not a building in that area; there is just required landscaping and that is where they are making the connection to the access drive of the church project which then connects to Forrest Avenue. The project itself for the apartments as you can see is a series of rings with the parking lot being in the outer perimeter then the ring of buildings. Central to the site are two stormwater management areas. The project site is also bisected by a stream corridor where they will have to have appropriate crossings of that with permits. They are also providing a 50-foot buffer from that stream crossing that bi-sects the property. The project overall did go through the PLUS Review process, (the Preliminary Land Use Services) and the applicant has submitted the response to the PLUS Review comments. Those were provided to the 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Planning Commission members by email and there was also a copy placed on the desks this evening. Overall, the project is proposing a series of tree plantings throughout the project site. There is a small area of woodland that they will clear but that meets requirements under our Code provisions. There is a sidewalk network that links parking areas to buildings. Then there is also a trail system as part of this and an extra wide sidewalk that is also serving as a rear emergency access. It is a concrete path of ten feet width with additional grass pavers on the edge of it for an additional four feet on each side that in total is 18 feet wide which meets the requirements for rear emergency access and will allow fire trucks to reach those rear portions of the apartment buildings. The project has an Active Recreation Area. There have been some revisions to that. The next image shows that there are some changes to that area and those involve what was originally proposed as a playground area; it is now more of a fitness workout area. They have made some improvements to the connections from the walkway trail systems to the playground and the fitness area. Additionally, there are some game court surfaces that are proposed for corn hole and horseshoes. The overall walking trail network is also counted towards the Active Recreation for this project. They are required to provide just over 55,000 SF of Active Recreation Area and with the revisions, they have certainly provided the information to confirm that. With the trail system they can only count the active improved part of the trail network. The Active Recreation Plan was presented to the City Council Committee of the Whole Parks, Recreation and Community Enhancement Committee on February 14, 2023. That Committee did accept the Plan. They did note a few things for the applicant to consider, those being the ground surfaces in the playground and fitness areas to ensure handicapped accessibility and also whether or not the equipment in those areas would be handicapped accessible as well. They also recommended covering some of the bicycle parking that is proposed on the project site. Additionally, they did encourage the applicant to consider adding EV charging stations in the parking lot and to either add or plan for any future roof mounted solar for the project as well. There are no specific waivers with this application. Planning Staff provided their review comments along with the other jurisdictions about the plan submission. They did recommend that some of the bicycle parking be covered. There may be opportunities to bring some of that to the interior of a building. Also at this point, Planning Staff encourages projects to plan for EV charging stations, whether that is full install or laying the conduit for future opportunities in that realm. For the Active Recreation Area Plan, that is a plan review with its addendum and then the other items that were submitted by the applicant. The applicant also has a PowerPoint to share tonight. Mr. Eriksen stated that as described by City Staff, this application is for a 200-unit garden style apartment complex. There is a Minor Subdivision for the parcel located at 2285 Forrest Avenue in Dover. The site may look familiar as it has recently come through for a couple of other applications. One for a Conditional Use and Site Plan approval for a church which it is his understanding that it is about to begin construction soon. They have also recently had a Rezoning to RM-2 (Medium Density Residence Zone) which is the exhibit that you are looking at for the 25-acre piece. This Minor Subdivision would occur on that 25-acre piece so basically the rezoned portion would be on its on standalone parcel at that point. It should just be noted that the Site Plans are still preliminary at this point. Much of the DAC Comments reflected a level of detail that just hadn’t been drawn up at this point but they are recently able to meet the requirements that are presented in the Code with this Site Plan. As we get into full engineering those details will reveal themselves. With the preliminary plat, what they are showing here, they 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 acknowledge that they do need some additional easements. They need some cross access easements in order to provide access to the adjoining parcels as well as to provide some utility connections and things of that nature which will be finalized as they go through the process. The next slide shows the area of the site that is located on Forrest Avenue. As you can see in this exhibit, there is a good deal of residential development in this area existing. There is a future church and it is also adjacent to the existing Leander Lakes Apartment Complex. It is in the vicinity of the Dover High School as well. There are RM-2 (Medium Density Residence Zone) parcels right in this area which matches the zoning of this particular parcel. The RM-2 (Medium Density Residence Zone) maximum density allowed is 8 units per acre. 8 units per acre are the density achieved at the adjacent existing Leander Lakes Apartments as well. The next slide is showing that it is an acceptable use in the Comprehensive Plan and obviously it is consistent with the adjoining parcels as it is the same exact use and the same exact zoning. The Area Level Investment Map shows it as Investment Area Level 1 and 2 which means that it is the area that is expected to be developed per the State guidelines. The next slide is an overview of that area as well as the access points so that you can understand a bit of how the traffic is going to work. We have had our kickoff meeting with DelDOT, and this site is going to generate approximately 1,357 daily trips. That is not enough trips to warrant a TIS for DelDOT’s standards. It would be subject to the Area Wide Study Fee which means the developer will pay a fee for that study and then basically would be required to contribute to any DelDOT projects that this development would impact. The site is generally going to be accessed by the Calvary Baptist Church’s proposed entrance onto Forrest Avenue as one of the access points. It will be a shared access and so there will be both the church as well as this apartment complex will be utilizing that access. In addition to that, there will be access provided on Dover High Drive through the existing Leander Lakes Apartments. It should be noted that Dover High Drive has a traffic signal at the intersection of Forrest Avenue so that will allow for better movement and access to Forrest Avenue. One of the very unique things about this orientation and all of the shared access is the number of options that people will have to enter and exit the site. Basically, it will help limit the impacts of traffic because they have a choice to go and utilize the light and get a little bit better flow of traffic. But if they are making a right turn in, then they don’t have to go through the light because they have separate entrance and separate means of access. Also, having several access points onto other main roadways allows for emergency vehicles to have several access points as well should there every be an accident at one of them. Internal to the site, there is going to be 200 units that will be provided by eight 24-unit three story buildings as well as one 8-unit two story building. The elevations were included with this application. Generally, it is going to match the character of the existing buildings in the existing Leander Lakes Apartments right next door. The Site Plan shows the general orientation of the buildings being interior to a loop road system and then there are loop trails and paths throughout the site. There are 450 parking spaces provided on this site which is in accordance with the Code. It should be noted that the developer does intend to provide infrastructure and conduits to be installed at the future date at some of the parking facilities that are in the vicinity of the buildings. It should also be noted that while it is not shown or labeled on the plans, they do intend to provide a six-inch reveal curb all the way around that parking area and the roadway system in accordance with the Code. ADA compliant ramps will be provided as necessary as well in order to utilize those reveal curbs. They also will be taking Staff’s recommendation for the access road up to the church entrance. They will be pulling that sidewalk further from the curbing as feasible through there. The one area he does have a bit of concern about is once they get to the church’s access, there is some drainage alongside of that 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 road. So, it’s going to be a matter of what they can fit and provide safe slopes for as far as how far off of that roadway they will be able to provide that sidewalk. They did provide bicycle parking facilities. In their submitted plan, they were leaning towards doing three rather large facilities and grouping them that way. After hearing some of the comments that they received during the DAC Meeting, they decided that they are actually going to break that up and provide smaller bicycle parking racks throughout the community closer to the buildings. That way people have a better opportunity to utilize them no matter where they live in the community. They will provide at least 23 of those spaces per regulation. The next slide is an example of what they intent to provide: a wave style bicycle rack. That is what’s used in the existing Leander Lakes Apartments as well. They will be providing central water and sewer and they have started coordination with the City. It is anticipated to have a small pump station that will service a portion of the site and they will be able to design these utilities in accordance with the City standards. The site does feature two large stormwater management facilities. It is anticipated that stormwater conveyance to these facilities will generally be accomplished via a closed conduit drain system. Those facilities do discharge into the existing ditch. This ditch generally drains to the north and all stormwater management will be designed according to DNREC Regulations. They have submitted a Stormwater Assessment Study to the Kent Conservation District and they are awaiting a kickoff meeting with them. The existing ditch has portions of it that are classified as wetlands and as such, they are providing a fifty-foot buffer. The wetland delineation was performed on the site by a certified wetland scientist and that is the wetlands that you are seeing on this drawing. It is also recognized that there will be additional permitting required in order to provide the road crossings across that ditch and that will be accomplished. The developer has already engaged wetland scientists for that permitting. They will be providing culverts under the roadways to make sure that drainage is not impeded. There is also an agricultural setback along the southern line. There are no structures that would require Certificate of Occupancy within that setback so that is in compliance as well. The next slide shows the landscaping plan. There are approximately 341 trees that are required to be provided based on their preliminary layout. They have provided 367 tress on this plan. It should be noted that this plan shown does incorporate some of Staff’s recommendations already. So its what they would actually be proceeding with should they receive favorable action from the Planning Commission. What they would be proceeding with would be better in line with this plan than the one originally submitted. The proposed Site Plan provides several forms of recreational facilities throughout the site. The total Recreation Area on the latest plan includes approximately 1.3 acres of Active Recreation Area which is more than the 1.26 acre minimum. You may notice that on the previous exhibit there was a typo in the areas; however, the minimum requirements are still met but that area is 1.3 acres not 1.6 acres. As described, there will be outdoor fitness areas, walking trails, and game courts. The outdoor fitness areas are going to be anticipated to include chin up bars, dip bars, parallel bars, a balance beam, body curl benches, step ups and a designated yoga and free workout area. They would be intending to provide signage on how to use these facilities and what they are as well as providing some kind of ground cover which they have labeled as mulch on their Plans so that they don’t tear up the grass when using these facilities. The next slide shows the recreation area. One thing that he does want to note is that they still are showing a playground between Buildings A and C and that is kind of towards the central northern section of that plan that is shown. One thing that the developer would appreciate consideration on is if they would have the ability to provide maybe a different active recreation area there. In the existing Leander Lakes section, there is an existing playground that they found has been seldom utilized 8 11

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 so it has kind of sat there with no one using it for the most part. They would rather provide something that they feel people are going to utilize and provide something different than what is out there. They would ask that maybe they could swap that out and either break it up maybe and provide another fitness area over there or perhaps do another yard game court like bocci ball since those aren’t shown right now. Either of those would be acceptable to the developer should Planning Commission choose to act favorably on that. The next slide shows what that swap up would look like. The area actually gets a little bit bigger as far as the overall recreational area. To conclude the presentation, he just wants to point out that the Site Plan does generally comply with the City’s Code. They don’t have any waiver requests with this application. They believe that they will be able to accommodate the comments received in the DAC Report as most of them are related to details that will be finalized with engineering. Mr. Hartman asked if the Active Recreation Area was 1.3 acres. Responding to Mr. Hartman, Mr. Eriksen stated yes. Mr. Hartman stated that since the Addendum for the Active Recreation Plan cites 1.61 acres, does Planning Staff have any concerns with the difference? Responding to Mr. Hartman, Mrs. Melson-Williams stated they wouldn’t have any concerns. They would be looking for what the confirmed total is. That was one of the things in the process of getting sorted out. The 1.3 acres does meet the minimum requirements and she thinks it’s easily enough chalked up to a math problem. It doesn’t appear that it eliminates some feature by making that correction to the true acreage of the proposed Active Recreation Area. Mr. Hartman stated that he believes the original submittal met the requirements. Does this change necessitate it meeting with the Parks, Recreation and Community Enhancement Committee again? Responding to Mr. Hartman, Mrs. Melson-Williams stated that she thinks what they were presented would be revised information about the amenities and their recommendations weren’t necessarily area driven in their comments. She thinks that they were looking at some refinement to the amenity options in ensuring that they were accessible. She is not sure if Mrs. Gray has any additional comments since she was at that meeting where this application as discussed. Mrs. Gray stated that she believes that Mrs. Melson-Williams captured that correctly. Mr. Hartman stated that this is a property that is adjacent to an Agricultural Lands Preservation Program and there are specific requirements. You have addressed them in the answers to the PLUS comments. There is a requirement for deed restriction and a notice to residents in 300 feet. These will be rentals, correct? What provisions are there to inform the people who rent here of this fact? Responding to Mr. Hartman, Mr. Steele stated that the short answer is that any of the residents in the three buildings that are bordering that property line will have an addendum to their lease that they understand the conditions and they accept them. Mrs. Denney stated that her feelings about those being addressed in leases or in other ways like that, to her verbal promises don’t work in those matters and she feels strongly of that. Realistically she thinks that some things that would need deed restrictions during leases have a large propensity to not be respected. Responding to Mrs. Denney, Mr. Steele stated that it is 9 12

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 more just acknowledging that that’s an agricultural site and there are going to be agricultural things going on there. Like when they are farming it, there may be noises associated with that and the smell of manure. One thing that he believes that the applicant would be willing to do is provide some signage on there so that everyone who lives there acknowledges that there is a sign. It’s in your lease documents and it’s very clear that there is going to be agricultural nuisances associated with living that close to a farm. Mrs. Denney stated that she would definitely like signage along the border of that. She realizes that it is at an added cost but it shouldn’t be on the other property owners; it should be up to you to put the signage up. She thinks that those things can be done in a nice matter. She really thinks that should be added. She thinks that it is necessary because again, she doesn’t think that when things are just written in deed restrictions and leases, to her they are just very easily ignored. Dr. Jones stated that given the perspective age range of the renters, she is thinking fairly young but at any rate, young or not so young, as the applicant considered a pickleball court. That is very popular. Responding to Dr. Jones, Mr. Steele stated that that is one of five different ideas that he and Mr. Eriksen have talked about. Dr. Jones stated that she noticed as he was describing the recreation areas, she thought that she read somewhere that there would be a child age playground but she didn’t hear you speak about it. Responding to Dr. Jones, Mr. Eriksen stated that in the one (Plan) that was submitted previously, they did have a playground area and that is represented on the screen. What they are asking for is actually permission to remove that playground area and provide additional fitness areas because there is an existing playground area on the existing phases of Leander Lakes and what they have found is that it is seldom utilized. Mrs. Maucher asked if these were going to be market rate rentals or will there be provisions for affordable housing. Responding to Mrs. Maucher, Mr. Steele stated that these will be market rate units. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Denney moved to approve S-23-04 Leander Lakes III Apartments. She would have liked to have seen the children’s playground there because as a grandparent, she often likes to walk to the playground. Her reasons for feeling secure in making a motion to approve is this PLUS Report which she thinks is a fabulous tool for all of us. Frankly, within this Report the applicant has agreed to do almost every single thing in here. There are a few things that will have to wait until they get to a certain point as they progress in establishing it should it be approved. She is very pleased with how much they have agreed to participate and follow the suggestions of the PLUS letter, seconded by Mr. Baldwin and the motion was carried 8-0 by roll call vote with Mrs. Malone absent. Mrs. Denney voting yes; in keeping with the comments that she made with her motion. Mr. Hartman voting yes; based on the applicant’s February 17, 2023 response to the PLUS Report and the comments provided by the applicant and Planning Staff tonight. Mr. Baldwin voting yes; it is a good fit for the area. Dr. Jones voting yes; based upon some of the previous comments and she would also like to see some reconsideration of that child’s 10 13

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 playground and pickle ball court. Mrs. Welsh voting yes; she thinks that it is a great project and she is voting yes for reasons previously stated. Mr. Cooper voting yes; for reasons previously stated. Mr. Roach voting yes. Mrs. Maucher voting yes; for reasons stated and it is consistent with surrounding the land use. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway - Public Hearing and Review of a Site Development Plan and Lot Consolidation Plan for two (2) parcels totaling 2.15 +/- acres at 245 North DuPont Highway. The Plan is to permit construction of a 3,690 SF Car Wash facility, 24 vacuum spaces, and associated site improvements. The properties are zoned C-4 (Highway Commercial Zone). The parcels consist of a total of 2.15 +/- acres and is located on the northeastern corner of N. Dupont Highway and White Oak Road. The owner of record is TWAS Properties LLC. Property Addresses: 245 and 243 N. Dupont Highway. Tax Parcel IDs: ED-05- 068.18-01-13.00-000 and ED-05-068.18-01-12.00-000. Representatives: Mr. Dave Kuklish, Bohler Engineering Mr. Swierczek stated that this is a two part application. It is a Site Development Plan and also a Lot Consolidation Plan. This is involving two parcels that are both addressed as 245 North DuPont Highway. The most recent use of this property was as retail. It was a Rite Aid and that operation as since ceased and the building is now vacant. This project proposes demolition of the existing building, consolidation of the two lots and then construction of the almost 3,700 SF one- story Car Wash building. In total, they are also proposing forty-one parking spaces and this is to include thirty-four vacuum spaces. In addition to the main Car Wash building, there are two additional structures. To the east and perpendicular to the main Car Wash building are two canopy structures. One is to cover twenty-four spaces to the south and one to cover ten spaces to the north. There are a few additional parking spaces for employees. The applicant did provide renderings. They show that all four sides of the main building and the most visible façade that is parallel to North DuPont Highway would be that blue one that you see in the middle. The most visible side of that building will be the glass window façade. There are no Waiver Requests submitted with this. The applicant has indicated that they intend to provide the required curbing and they are showing some stormwater management onsite. They are largely compliant with the provisions of the Code. Mr. Kuklish stated that they generally agree with the comments made within the Staff Report. He just wanted to reiterate that they have a by-right use on a commercially zoned parcel surrounded by a commercial zoning use on the north and east and two roadways on the other two property lines. In regard to the DAC Report, they are committed to adding the bike rack for potential employees onsite and working with City Staff to remedy as needed these onsite sidewalks. There are two sidewalk connections: one from White Oak Road into the site and one from Route 13 into the site. For the project and for DelDOT, they are going to be improving the sidewalks both along the frontages of Route 13 and White Oak Road as well. There were some comments about aligning the architecture with the Site Plan and that will be made compliant as well. Mr. Hartman asked the applicant if Planning Staff’s comments were addressed on the sidewalk being laid out in a manner to convey pedestrians with a little interaction with vehicle traffic as possible. Responding to Mr. Hartman, Mr. Kuklish stated that that is still ahead of them but that 11 14

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 is what they just agreed to do. Mrs. Maucher opened the public hearing. Mr. Scott Pedis – Miracle – 1033 Demonbreun St Ste 300 Nashville, TN 37203 Mr. Pedis stated that he was a representative of the car wash across the street owned by Mr. Harvey Blonder. His comments will probably be in follow up to Mr. Thomas Coffman and Mr. Harvey Blonder. Mr. Coffman’s connection got disconnected. He works with Mr. Coffman for a group called Miracle and they represent Mr. Harvey Blonder. They are representing the sale of his car wash across the street but they are also against the Tidal Wave application that is being discussed. They represent Mr. Blonder who is local to the market and owns multiple businesses in the Delaware area. As many are probably aware, he owns the Car Wash that is directly across the street. It is the same model as the Tidal Wave that is being discussed here. It is an express Car Wash. This is going to severally affect the sales that he has done to support the local community. There other thoughts are the noise from the vacuum producers on the other side of the street and the high powered conveyor belt. They are going to severally obstruct the peace of the houses on Edgehill and Greenhill. Also, what is the water availability and what can the City really support the amount of water coming out of three car washes on the same street? Does the City have this hardship and the sewer capacity? This is going to be a huge problem. They represent car washes nationwide and it is essential to have respectful conveyor per population ratio to be successful. A courtesy distance of separation is five miles to another express wash. Three miles is dramatically impactful to our business and building within a mile, not to mention directly across the street is uncalled for and basically unethical. They have tried to sell this location directly to Tidal Wave so that they can all work together and have a compromise that is satisfactory to both parties but they declined all of those offers. They are providing a list of references from clients that have been crushed by this economic dictatorship as far as building directly across or in the same vicinity of another car wash. They represent some in Tennessee, Texas, Oklahoma, and North Carolina that have all had this happen to them and can speak to that if desired by the panel. Mr. Thomas Coffman – Miracle – 1033 Demonbreun St Ste 300 Nashville, TN 37203 Mr. Coffman stated that he thinks that there are a number of Car Washes that are on the same road like Mr. Pedis mentioned. He thinks if there is a way to minimize this for the sake of their business. He thinks there are three or four on the same street. He thinks it would make a lot more sense to have a company take this property and turn it into something that would not affect their business. Mr. Ostrum – Race Track Car Wash – 226 N DuPont Hwy Dover, DE 19901 Mr. Ostrum asked if the City had the capacity in the sewer system to take care of two car washes that close to each other. Mr. Pedis stated that he has noticed that on the previous applications members of the community have talked about how these projects will be an asset to the community. He is just not seeing how a third wash on the same street would bring any tangible benefit or asset to this surrounding community or street as a whole. 12 15

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Mr. Cameron Gerrick – 722 White Oak Road Dover, DE 19901 Mr. Gerrick stated like what the other gentleman said it is unreasonable to have so many Car Washes in the area. He just Google mapped it and there are about 6-7 within a two mile radius. If they want to build something else like a Shop Rite or something that is more beneficial, he is all for it but another Car Wash, he doesn’t see the point of. Ms. Denise Cottman – Dover Federal Credit Union – 255 N DuPont Highway Dover, DE 19901 Ms. Cottman stated that she did submit a statement in advance. They are in opposition due to the traffic. The only concern is the traffic pattern for their membership. Mrs. Melson-Williams stated that Ms. Cottman did submit an email to the Planning Office this afternoon as more of a question inquiry, noting that she planned to attend the meeting tonight regarding this application as a representative of the Dover Federal Credit Union. You note that while reviewing the documents provided, you had a concern and you noted “If I’m reading this correctly there will be an option to enter the car wash from White Oak Road and Route 13. Do you have a traffic flow management plan in place?” A Staff member responded to you with some information about the Plan itself. At this point, she thinks that we can ask the applicant’s engineer to explain any kind of traffic management pattern that may exist for this project. Mr. Kuklish stated that they are going to maintain the existing entrance points. There is one on Route 13 and one on White Oak Road. There will be a 458 trip decrease from the pharmacy to the Car Wash. That is a 36% decrease in traffic using the existing entrances that are in place. Access is through existing easements to the Rite Aid parking lot. As a result of the meeting with DelDOT, they are going to follow the standard course of record and entrance construction plans with DelDOT. As he mentioned, they are creating the pedestrian network along both frontages. DelDOT stated that no entrance improvements are anticipated other than the sidewalk improvements that they are committed to make. Mr. Thomas Coffman – Race Track Car Wash 226 N DuPont Highway Dover, DE 19901 Mr. Coffman stated that if that Car Wash is so anxious to open up, we just had Tommy’s Car Wash open up down the street which is very busy and which has cut into our business. Now you have an awful lot of pickup trucks leaving that carry a lot of water off the premises to go to the sewer. They also carry a lot of oils from leaking transmissions or oils underneath their cars. If Tidal Wave is interested, they are certainly very interested in selling them their car wash. We don’t need to have too much competition on the street. If you look up and down the street from Google Maps, it is over car washed on that street. Every time one opens they just take away more business from the other one and eventually you will have all of the car washes go bankrupt. There are enough car washes and if Tidal Wave wants a car wash, they can move right across the street. It will probably be a heck of a lot less money than what they would spend on the new expansion. Mr. Lyon stated that with regards to the question about capacity for both water demand and wastewater discharge, at this point they can’t make any determination because they haven’t seen the calculation from the engineer. That being said, they have a very large allocation permit with the County for wastewater flow and he doesn’t anticipate them having that issue with another 13 16

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Car Wash. But again, at this point they can’t make a determination until they get the calculations from the engineer. Mrs. Maucher closed the public hearing. Mr. Hartman asked who Mr. Lyon said they were waiting for calculations from. Responding to Mr. Hartman, Mrs. Melson-Williams stated that as part of their project design for connection to City utilities for water and sewer, there is information that the project engineer must provide to the Department of Water/Wastewater about what their expected usage is for the site. She is not sure if the project engineer can expand anymore on that. Mr. Hartman asked the project engineer when they anticipate the calculations being available for Mr. Lyon. Responding to Mr. Hartman, Mr. Kuklish stated that should the project receive approval and they move forward with technical construction drawings, at that time they would submit calculations. They will share that this Car Wash will have a series of re-clean tanks which recycle the water. On average, 75% of the water will be recycled on site which then also feeds into the sewer piece as well. Mr. Hartman stated that he also believes that one of the commenters mentioned a problem for the residences on White Oak Road. Could you please speak to that? Responding to Mr. Hartman, Mr. Kuklish stated that the “problem” was in regard to noise. He can share with you that on most Car Washes there is a large amount of noise generated from the engine of the vacuum which serves the vacuum units that are then stacked up for the vehicles. On this site and at all Tidal Wave washes, the vacuum engine is completely enclosed within a structure so that sound is essentially mitigated by that enclosure to prevent and greatly reduce noise from traveling outside of that enclosure. Mr. Hartman asked if the applicant has talked with Dover Federal Credit Union about traffic flow. He was looking at the traffic flow and thinking about Dover Federal Credit Union because he goes in there often. He couldn’t make out number of vehicles or anything like that coming in and out that shared entrance. Responding to Mr. Hartman, Mr. Kuklish stated that all of that technical data is still required and still ahead of us in terms of our submission to DelDOT. He has personally not talked to Dover Federal Credit Union. Mr. Hartman stated that on the concerns with the spacing of the car washes, he is aware of two other car washes that have been proposed that haven’t been built yet; one at the north end of the Dover and one on Martin Luther King Jr Boulevard. Is there anything in the Ordinance that they should be looking at for addressing these concerns about spacing? This is a new question for them. Responding to Mr. Hartman, Mr. Swierczek stated that the Zoning Ordinance does not contain any provisions for regulating sort of the consistency or massing of business types. It is strictly just looking at what is permitted based on the zone of the property. In these situations, if the zone permits a motor vehicle service or car wash facility, there are no provisions to regulate any sort of spacing between facilities or competitiveness on a business type or anything of that nature. Mr. Hartman stated that he would like the Commissioners to consider tabling this application 14 17

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 until the applicant has a chance to sit down with Dover Federal Credit Union or at least provide a more detailed view of the traffic flow of that shared entrance. Mrs. Maucher asked what the operating hours were. This business is a chain so in other states or jurisdictions, what are the operating hours and flow? Do you have problems with cars backed up on accessing the site because that has been a concern at some of the other car wash sites? Responding to Mrs. Maucher, Mr. Kuklish stated that the typical hours are 8AM-8PM and with the queuing that is provided here, they do not anticipate a backup onto any public right-of-way from that standpoint. Mrs. Maucher asked how many cars could be on the site at once? Responding to Mrs. Maucher, Mr. Kuklish stated that if you zoom in you can see the number but he believes that they have sixteen stacking spaces behind the paid gate. Mrs. Maucher stated that it is an automatic car wash. How long does it take for a car to go through? Responding to Mrs. Maucher, Mr. Kuklish stated that he doesn’t know but he can get the minutes. Mr. Cooper stated that he doesn’t know that he can find a co-reason to Mr. Swierczek’s point to not approve this. Businesses open up across the street from businesses all the time who are competitors; for example, Wawa and Royal Farms or McDonalds and Burger King. He is assuming that the applicant did a market study and to the question that is on everyone’s mind, how many more car washes can Dover handle? Responding to Mr. Cooper, Mr. Kuklish stated that he doesn’t have that answer. Mrs. Maucher asked if there was a Market Saturation Study done. Responding to Mrs. Maucher, Mr. Kuklish stated that there was and that was before Bohler’s involvement in the project. Mrs. Denney stated that she fully believes that competition is not up to the Planners. She also thinks that as far as Dover Federal Credit Union is concerned, to the best of her knowledge, and she has a long history of sitting on boards and commissions such as this, typically one would find that DelDOT is completely in charge and never has a taste to speak to ingress and egress and traffic congestion. They see it from time to time where they say you have to pay the cost of widening the street. She really thinks that at this point, is not up to us. These things that are being brought up should primarily go before agencies that have all of the research and knowledge of what should and shouldn’t be. Mr. Baldwin stated that he expected to see a lot more residents here. Were there any homes within the notification distance that were notified? Responding to Mr. Baldwin, Mr. Swierczek stated that they did notify all property owners within two hundred feet of the subject site. They did not receive any communications from any of those recipients. Dr. Jones asked if there were businesses or homes within that two hundred feet? Responding to Dr. Jones, Mr. Swierczek stated that off the top of his head it was predominately businesses to the north and west along North DuPont Highway. There are a few residences in the vicinity to the southeast. 15 18

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Mrs. Melson-Williams stated that looking at the mailing list notification area, it does capture across DuPont Highway: the Dunkin Donuts, the Race Track Car Wash, and she believes the next is a motel. Certainly it is items that are to its north and east including Windswept, the Dover Federal Credit Union and part of the land mass that is the Centre at Dover. Any residences are going to be on the south side of White Oak Road. It picked up the Sherwin Williams and Rita’s Water Ice sites and then there are about nine residences that are along that edge of White Oak Road in the northern elements of the Edgehill neighborhood. Dr. Jones moved to table S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway due to the fact that they are still missing some information regarding calculations and other bits of information. Mrs. Melson-Williams stated that Dr. Jones is suggesting a motion to defer action on this application and she thinks that we should be specific in what information you are looking for. Dr. Jones moved to defer action on S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway until the calculations on the water usage that Mr. Lyon spoke about is received, seconded by Mr. Baldwin and the motion was carried 7-1 by roll call vote with Mrs. Malone absent. Dr. Jones voting yes; she thinks that they need to have some definite information. The applicant was asked a few questions and wasn’t quite certain and was waiting for approval. She thinks that they should get the information first. Mrs. Welsh voting yes. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Denney voting yes; although she feels as though when he mentioned that 75% of the water is recycled, she felt that it was an adequate answer for her. Mr. Hartman voting yes; he encourages the applicant to open discussions with Dover Federal Credit Union to let them know what is going on with the site as far as traffic flow. Mr. Baldwin voting yes. Mrs. Maucher voting no; she thinks that the 75% recirculation of water was sufficient for that and that the capacity of cars inside the site was sufficient for the concern. MI-23-01 Comprehensive Plan Amendments 2023 – Public Hearing and Review for Recommendation to City Council of a series of Amendments to the 2019 Comprehensive Plan, as amended. The Amendments include consideration of the following as associated with Annexation Application AX-23-01 Lands of Calpine Holdings, LLC – Two Properties on White Oak Road: requests for amendment of Map 13-1: Potential Annexation Areas to revise the Annexation Plan category of two properties and requests for amendment of Map 13-2: Potential Land Uses for Annexation Areas to identify the Land Use Classification of two properties. A. Consideration of Amendments to Map 13-1: Potential Annexation Areas Plan Map - Request for two parcels located on the north side of White Oak Road and west of Bayside Drive to revise the Annexation Plan category from Area of Concern and unidentified area to Category 2: Priority Annexation Area on Map 13-1: Potential Annexation Areas Plan Map. (Planning Reference: MI-23-01A) a. Property Area: 144.83 acres +/-. Property Address: unaddressed parcel near White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02- 49.00-000. 2019 Comprehensive Plan, Map 13-1 – Annexation Plan Category: None 16 19

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Proposed Comprehensive Plan Designation, Map 13-1 Annexation Plan Category: Category 2 – Priority Annexation Area b. Property Area: 104.06 acres +/-. Property Address: 3015 White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-48.00-000. 2019 Comprehensive Plan, Map 13-1 – Annexation Plan Category: Area of Concern Proposed Comprehensive Plan Designation, Map 13-1 Annexation Plan Category: Category 2 – Priority Annexation Area B. Consideration of Amendments to Map 13-2: Potential Land Use for Annexation Areas Map - Request for two parcels located on the north side of White Oak Road and west of Bayside Drive to identify the Land Use Classification as Public & Private Utilities on Map 13-2: Potential Land Use for Annexation Areas Map. (Planning Reference: MI-23- 01B) a. Property Area: 144.83 acres +/-. Property Address: unaddressed parcel near White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02- 49.00-000. 2019 Comprehensive Plan, Map 13-2 – Land Use Classification: None Proposed Comprehensive Plan Designation, Map 13-2 Land Use Classification: Public & Private Utilities b. Property Area: 104.06 acres +/-. Property Address: 3015 White Oak Road. Property Owner: Calpine Holdings, LLC. Tax Parcel: LC-00-058.00-02-48.00-000. 2019 Comprehensive Plan, Map 13-2: Land Use Classification: None Proposed Comprehensive Plan Designation, Map 13-2 Land Use Classification: Public & Private Utilities Representatives: Mr. Mark Dunkle, Parkowski, Guerke and Swayze; Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this is MI-23-01, the Comprehensive Plan Amendments for 2023. The City of Dover’s Comprehensive Plan allows an opportunity at least once a year to allow applicants to seek an opportunity to amend the Comprehensive Plan. That timeframe requires a filing in December and then it begins a review process in the new year. The first step in that process is that City submits all requests to the Preliminary Land Use Services; the PLUS review process. This request was submitted to them and reviewed at their January 25th meeting and as of today, they received the PLUS Review Letter that is dated February 22nd which is actually tomorrow. She thinks they knew that this meeting was being held tonight for this application. The PLUS review comments include comments from the Office of State Planning Coordination and a number of the State agencies. Some of the comments are advisory in nature; and basically the one thing of note is that while the Office of State Planning Coordination recognizes that these two properties we’re discussing are in a Level 4 Investment Area which is typically not supported for development. There are instances with low impact and specific requirements with low impact land uses that they could be deemed consistent with a 17 20

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Comprehensive Plan and that is the statement that they have made in this regard. One of the examples of a low impact land use according to their comments is a solar farm. They do note that previously this subject area received a PLUS waiver when an application was under consideration in Kent County. Those PLUS review comments were provided on the Planning Commission member’s desks this evening. Moving back to the application itself, it does involve two properties and amendments to two maps. With our Comprehensive Plan, there is a chapter that deals with annexation. The Annexation includes first a Map 13-1 and that’s what is shown on the screen. This is the map that shows potential annexation areas for the City of Dover. Those of you viewing the map can see that the dark green areas are what they consider enclaves; areas that are surrounded by the City. These are considered Category 1 and are the highest priority for annexation. The next is Category 2 which is shown in a light yellow. These are Priority Annexation Areas where it makes sense to expand the boundaries of the City for one reason or another. Category 3 is the next tier of potential for annexation. In most of these cases, they are considered longer term annexations areas. They may require some other properties to come in first as they may not be contiguous to the current City boundaries. Then there are Areas of Concern in several portions adjacent to the City. These may be areas that are near other jurisdictions or for other reasons were identified as Areas of Concern. They are not formally in our Annexation Area Plan, but the City has interest in what could potentially be happening in those areas and identified it. We are talking today about two properties that area found on the north side of White Oak Road. You can see by the circle where they are in the greater scheme of the City. Currently on the Comprehensive Plan, one of the properties, it is an unaddressed property that is highlighted in blue on the screen, it has no designation whatsoever. They are seeking to take it to a Category 2- Priority Annexation Area; changing it to that light yellow color. The second property is addressed as 3015 White Oak Road and is directly adjacent to White Oak Road. Currently, it is identified as an Area of Concern and this request would take it to a Category 2 Priority Annexation Area. You can see in these two images, one is the current designation on the map and the proposed designation is what they are seeking. The next request also involves a map associated with annexations. When we have the annexation areas, there is a subsequent Map 13-2 that shows the potential land uses for the annexation areas. All areas that are identified by Category 1 or Category 2 in the City’s Annexation Plan Area are identified with a land use classification on this map in particular. The next image shows the location that we are dealing with, the two same subject parcels of land. In this case because they were not part of the City’s Annexation Area, they have no designation currently but the applicant is seeking to change that land use classification to Public & Private Utilities. The next slide shows the current designation. The blue outlines just show the property boundaries. While they are contiguous to the City, there was not an identified land use classification. Their request is to set a proposed designation of Public Utilities and Private Utilities on the map exhibit. The two properties are close to 250 acres. It is adjacent to the Garrison Oak Business and Technology Center. That is its kind of neighbor that it shares the City boundary with. In this case, the Comprehensive Plan, in our Chapter 13 talks about growth and annexation. They have identified the sections of the Comprehensive Plan that deal with the land use category of Public Utilities and the policies and goals related to that. They have also included in the packet, the overall Comprehensive Plan and Chapter Goals. The applicant, as part of their submission, was required to provide why they think this request meets the goals of the Comprehensive Plan. They have cited and marked a number 18 21

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 of sections within the overall Comprehensive Plan for the City that present information about the ability of green energy, environmental issues and the proximity to the Technology Park from an economic development standpoint. The Planning Staff did provide a recommendation in regards to these Comprehensive Plan Amendments that make the changes to Maps 13-1 and 13-2. Planning Staff is in support of the application finding that the requests do support the overall set of goals that are established in our Comprehensive Plan. The land use classification that is identified as Public & Private Utilities does appear to be consistent with other nearby electric generation facilities and technology based development. The Garrison Oak Business and Technology Center does include already, a solar facility and a gas powered electric generation facility as part of it. That land use classification of Public & Private Utilities does limit the types of zoning that could ultimately be considered for the property should it move forward and go through the process of Annexation into the City of Dover. Tonight, we are just dealing with amendments to the Comprehensive Plan. The next step for this, should it be successful, will be consideration of Annexation of the two parcels into the City of Dover and the setting of a City of Dover Zoning Classification. The Planning Commission tonight will be making a recommendation. That recommendation is forwarded to City Council and they conduct their own public hearing and is the final acting body for amendments to the City’s Comprehensive Plan. She knows that the applicant probably has a lot to say about their application and they are here tonight. Mr. Dunkle stated that they fully agree with the Development Advisory Committee comments and of course the Staff recommendation. They also had a very positive response from the Office of State Planning Coordination, in particular “therefore the Office of State Planning Coordination does not object to the proposed future use of the property as a solar farm.” This is the first step in many hoops but the ultimate goal is to bring another solar farm energy production facility to the City of Dover. Calpine is not only the applicant but the property owner of these farms for about the last ten years. They bought this property when they constructed the current natural gas powered electric plant that is in the Garrison Oak Park; so, they have been in Dover for quite some time. Also in the park is the LS Power Solar Field. This request, after we progress, is intended to join the Garrison Oak Park with another electric facility. Their obligation is to demonstrate to the Planning Commission that this is consistent with the City of Dover’s Comprehensive Plan and it is for several reasons. They are stated in the Staff Report but your Plan focuses very much on green energy, technology, sustainable infrastructure, lessening carbon footprint, and moving more toward electric. It is throughout the Plan and as Mrs. Melson- Williams mentioned, they highlighted in yellow what they think are the relative provisions of the Comprehensive Plan. From the Dover Comprehensive Plan, solar energy production supports the plan goal of “green development and sustainable energy practices.” The more solar energy you produce, even though it goes to the grid helps reduce the amount of carbon intensive energy production in some places. Solar energy production supports the Comprehensive Plan which includes green energy goals. Solar energy production adjacent to the Garrison Oak Business and Technology Center and is identified in the plan. That Center is to be supported and encouraged to thrive. That is part of your Comprehensive Plan and is intended to be a location for green industries. The second part, is it consistent with the Comprehensive Plan? It can be designated for annexation. One of the cardinal rules of annexation is, is it adjacent to the City? Which it is and also, is it consistent with what it is adjacent to. It is adjacent to the Garrison Oak Park and the electric production facility that he mentioned; so, they certainly believe that it is consistent. 19 22

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 This is also mentioned in the Staff Report and also in the comments from the PLUS review. One thing about the property as Mrs. Melson-Williams mentioned, it is about 250 acres among the two parcels. About 100 acres is clear and the other 150 acres is wooded wetlands. It is going to stay wooded wetlands and won’t be touched at all. The solar panels go in the cleared land. He doesn’t call it farm land because it is barely farmable. The property is riddled with ditches. There are about 90-year-old mosquito control ditches on the property and it is very difficult to mechanically farm. He anticipates that there are going to be some speakers in opposition from farmers in Kent County who spoke when this application went through the original (Regional) Planning Commission where it was recommended positively and was then tabled at Levy Court. In the testimony at Levy Court, a very well-respected local farmer named Mr. Paul Cartanza, Sr. of 6289 Bayside Drive Dover, DE testified that this property was not worth farming; he had tried to farm it in the past. It had 90 ditches and it really can’t be farmed in a modern sense. So, it is not good farmland. It is an excellent site for green energy infrastructure. One of the main reasons the applicant would like to bring this property into the City is its consistent with the Comprehensive Plan goals. There is a general (feeling) that solar farms shouldn’t be out in Kent County amongst the areas of farming and that it should go where it is zoned for utilities. That is what they are asking for tonight, they are asking that this adjacent property be annexed into the City and be zoned for private utility and ultimately as it is consistent with the City’s IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center) which promotes and supports electricity produced by solar. They think this property is the exception to the general discontent from the farmers in the County. They would like to join the City in the zoning specifically permitting solar energy production which the City views as a positive in the Comprehensive Plan and in the Zoning Code. Mr. Hartman stated that the letter that is dated February 21, 2023 from Mr. Paul Cartanza that references that a portion of the parcel is zoned as Agricultural outside of the Growth Zone and that there is litigation at the Kent County Levy Court regarding this. Is this counter to what you just quoted him saying at Levy Court? Responding to Mr. Hartman, Mr. Dunkle stated no; he quoted Mr. Paul Cartanza Sr. But more to the point and to clarify, this application that was tabled at Levy Court is not the subject of any litigation. Our property owner is not involved in any litigation. It was a Conditional Use Application under the County’s old Zoning Code and was timely filed. It went through their (Regional) Planning Commission as a Conditional Use and was recommended to the Levy Court. In that timeframe, another solar farm out in the County, not adjacent to the City, after it was approved as a Conditional Use, opponents filed a lawsuit challenging the suitability of a solar farm under the County’s Conditional Use Ordinance and whether it actually did permit it even though the County had already approved it. So that litigation is still going on regarding if a solar farm is an allowed conditional use in the Agricultural Conservation District in the County. Because that lawsuit was pending, Levy Court tabled their application and didn’t vote on it. We are not in that litigation but we are frozen because of their interpretation of the law. They are a business and have owned this property for over ten years and want to provide solar panels and create electricity. So, since they are adjacent to the City, they are happy to leave the County’s jurisdiction to where they know that the City has a classification specifically supporting solar energy production. There is no question about the City’s Ordinance and also their property. The technical park, already has a solar farm and is a center for solar production; again, making them different than solar farms that are trying to build out in the County. To avoid that and to go forward, they think that it is only logical and the best 20 23

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 place to be is in the City of Dover which supports solar. He did want to tender for the record, what he was quoting from the testimony about was very poor farmland; and he wants to provide a copy to Mrs. Melson-Williams. Kent County takes testimony under oath. Mr. Hartman stated that because litigation is mentioned in this February 21, 2023 letter, is this something that should be run by the City Solicitor before they vote on it? Responding to Mr. Hartman, Mrs. Mary Ellen Gray stated that she sees no connection between the two issues. Mr. Cooper stated that we listed the property in question as an Area of Concern in other colors on a previous map. Can you explain why it was an Area of Concern as it relates to annexation? Responding to Mr. Cooper, Mrs. Melson-Williams stated that the City’s Comprehensive Plan, Chapter 13 deals with growth and annexation and for the most part, the Area of Concern has been utilized in two ways. In the southwestern portion of the City, some of those land areas were also of interest for an adjacent jurisdiction for potential annexation. So that was negotiated, we will both agree to say that they are both concerned about it and should the time come in the future that the property owner wishes to move forward with an Annexation request, that the two jurisdiction would work together. Also in that area, there is a lot of farmland that is currently participating in the Agriculture Land Preservation Program which is another reason why they put it into Areas of Concern in that situation; recognizing that currently right now it is in active farm land production and that’s the intent of the owner. But it puts the map on notice that should that idea for how that land is being used changes, the City of Dover wants to be a player at the table regarding potential annexation. The areas to the east of State Route 1 is where you see the other Areas of Concern; there are similar philosophies there. In some cases, there may be Agricultural Land Preservation Districts. The other is that for the longest time the State was very concerned about development moving east of State Route 1 for various reasons, from environmental, ag land preservation, and a number of things in that fashion. There were some areas that they did identify as Priority Annexation Areas which were really in enclaves given what the City boundaries were at the time that they were doing the Comprehensive Plan in 2019 and its adoption in January of 2020. The other areas were left as the Areas of Concern noting that it is directly adjacent to the City and they were concerned about what’s its future could potentially hold. So, that is why it was identified in that fashion. Mrs. Melson-Williams stated that for the record, she wants to highlight what Mr. Dunkle did submit for the record. It is a copy of what appears to be Meeting Minutes from the consideration by the Kent Levy Court of a petition for Conditional Use Approval. The Kent County application name was CS-22-02 Calpine’s Kent County Solar Energy Center. It is their information regarding the public testimony and public hearing that occurred on that before the Levy Court, and it appears it was their meeting of May 24, 2022. Mrs. Maucher stated that Calpine had ten years to request annexation and it has delayed until now. Is there a reason for that? Responding to Mrs. Maucher, Mr. Dunkle stated that they were waiting for market timing to build their solar facility. They are a big corporation and it really wasn’t suitable in their business plan until about two to three years ago. They have gone through their corporate planning process to then move forward with the solar facility. It only became business worthy for them in the last three years but that is why they bought the property in the first place. 21 24

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Mrs. Maucher stated that wasn’t the property for the other 300 megawatt gas generator? Responding to Mrs. Maucher, Mr. Dunkle stated that the City owns the Garrison Oak Park and Calpine built the electric facility in the Park. They also needed land to connect to the grid and so part of the purchase of the farm was to be able to run the power lines to connect to the grid and to also essentially bank it for the future for a solar facility. They don’t own the plant (now) but they built the plant and operated it for a number of years. Mrs. Maucher opened the public hearing. Mr. Paul Cartanza, Jr. – Shadybrook Farms 1477 Cartanza Road Dover, DE 19901 Mr. Cartanza stated that he is the one who submitted the letter to the City of Dover today on behalf of Shadybrook Farms. The litigation that was spoken of is what caused Kent County Levy Court to kind of table all of these issues because they were waiting for the one in Smyrna, DE to get figured out before they moved forward with any other applications. He feels that based on what he knows this is a simple way for Calpine to go around that situation by the annexation of this farm. Some of the things that were said before him are definitely not true. To them, that farm is a very viable farm. Shadybrook Farms tilled it for almost 20 years before the current tenant, Mr. Lee Brown who tills it now. It is 80% of his overall farm. For him to lose that piece of farm in particular would be devastating to that gentleman. He personally represents Shadybrook Farms and he also represents his father, Mr. Paul Cartanza, Sr. who was going to try calling into this meeting. He is the owner of Lazy Day Farms which is his neighbor. He also represents his uncle, Mr. Mark Cartanza who is the owner of MASC Farming. They all stand together not wanting to see the Harmon Farm get changed or brought into the City of Dover. It needs to remain a farm; it has always been a farm and it has been a good farm. The mosquito ditches that were previously mentioned are to help that farm drain. That is why they are there and that is their purpose. It has two main ditches across it and they have tilled the farm for over 20 years. They wrote a letter to Calpine because they were downsizing. Farm help is hard to find these days and it is truly hard to get. His daughter is part owner of the farm and they are just trying to protect the land because it can’t protect itself. They are not against solar. They have five acres worth of roofs that they can put solar panels on the farm if they wanted to. He is not against it in any way. There are parking lots at Delaware State University where they can place solar panels over top of. He sees it done at Salisbury University. They’ve got the solar panels raised above the parking areas and he doesn’t see any issue with that. He doesn’t see what those things couldn’t be considered for these kinds of applications. But that is not why we are here; we are here to talk about the land. The land is very viable. Calpine bought it and they rented it from them for at least 5 years before Mr. Brown got it. They had a great relationship with Calpine. The farm averages anywhere from 60 bushels of beans which is great. For the corn crops that he knows Mr. Brown is pulling off of it currently is anywhere from 200 to 220 bushels of corn crops. That is unirrigated ground so that is pretty darn good for that situation. It is Mr. Brown’s livelihood and he stands here before the Commission mainly because of him. He is a good friend of his and he would do anything in this world to help protect his livelihood. Kent County, like he said, it seems to him that this was a way to wash their hands of this situation by moving it on to the City. Route 9 is supposed to be a federally protected Scenic Byway. He doesn’t know what that means to anybody else in this room, but to him that means it should be open spaces and farmland. It should be taken seriously. You put these solar panels up and you have taken away from the 22 25

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 geese, deer and other wildlife. You ride down that road and it is supposed to be a Scenic Byway. That’s why a lot of people ride on that road, to see things and to be a part of nature for a little while. You can go back to the City if you don’t want that. He has been on this farm for most of his life and they still help Mr. Brown from time to time if he needs it. He doesn’t know what record they spoke of that Mr. Paul Cartanza, Sr. said it wasn’t a viable farm. He has farmed it all of his life and he knows for certain that that man didn’t say that. Mr. Charles Mayhall – Edgewater Farm – 210 Edgewater Farm Lane Dover, DE 19901 Mr. Mayhall stated that whether the lawyer has not been to the property or he was just intentionally misleading everyone here tonight, but if you get on Google Earth and zoom in to notice that there are three ditches on that property that run from east to west. It’s not a flooded wetlands like they are trying to make you believe that it is. That is just part of what they do, just like they are here today to try to turn things around because they couldn’t get it done in front of another board or commission. That area is supposed to be the non-growth zone. Those of us that live out there, they don’t want the city life. If they wanted that they would move into town. Now town is encroaching out on them. He just asks the Commission tonight to take into consideration that they don’t want the city limits pushed out any further. It starts with this farm and then it moves to the next farm and before you know it, they are all trapped into your city limits. If they want to set it up to be a non-growth zone with one house per 5 acres and then if you go east of Route 9 which is a historical highway as of 2007, its one house per 10 acres. He doesn’t understand how you fast forward 15 years to this meeting and we are ready to build up on it. He heard someone speak earlier and he said that in that area, it’s what’s going on in that area so it’s okay to grow. Well in our area, it’s farm fields; it’s not industrial parks or solar panels. They hope that the Commission will stick with them and try to keep that land what it is now, a non- growth zone. Mr. Brian Carbaugh – Braeland Farm – 7793 Bayside Drive Dover, DE 19901 Mr. Carbaugh stated that he thought the picture on the screen with properties shown in purple was pretty (informational) because if you look at that white stripe that runs through the middle of that purple, that’s his property. He has lived there for over 20 years and he can tell you that the land in question has been in farming for that entire time and there has been no problem farming it. It has been farmed by the Cartanzas and the Browns. What most everybody in the neighborhood understands is that Calpine would never own this land if the Harmons had been willing to give them an easement to bring their powerlines across this property. But the fact of the matter is that the Harmons tried to develop it and they were unsuccessful. They weren’t farmers and they wanted to unload the property. When Calpine needed to get their power lines through this property, they weren’t willing to give them an easement; they said buy the whole thing. That’s how Calpine came to own this property. They weren’t in the solar business 10 years ago they just needed to get the power lines out of the gas plant. It is true that this has been before Levy Court as a solar field. He isn’t sure how you call this a solar farm because you don’t grow solar panels. He didn’t speak against that. He figured that the County had their rules and they would decide what was appropriate for this land. He questioned what appeared to be a run around the County while they figure out what is appropriate in the County. He lives in the County and everyone around this property is in the County. You can see adjacent to the City is minor on this property compared to where it is in the County. The relationship between the power companies and the City of Dover is pretty well established. The existing gas plant rents 23 26

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 their land from the City of Dover. They buy all of their water from the City of Dover and they discharge that water back to the City of Dover through their sewer. They are a major client of the City so to now see the City promoting expanding that by annexation, there is that error of questionable relationships. He thinks that the County has the ability to approve or not approve and the set conditions on any solar field that might or might now occur on this land. He thinks the County is the one that he trusts to look out for his benefit and his land that is in the County. He will say that in the Comprehensive Plan, in the section where it talks about utilities, it says that there isn’t any planned expansion of utilities. So to talk about not only expanding utilities by 250 acres but by annexing County land to make that expansion, if the City wants support power generation or green power that is great but let’s do it in the City. Let’s not come out and annex land around him and annex land out of the County in order to promote that. There are a couple of guys who own a car wash that think the corner of White Oak Road and Route 13 would be a perfect place for a solar field. He doesn’t know if this piece of ground will ever become a solar field or not but if it does, he thinks that the County are the appropriate people to do that. He thinks that the City should avoid this annexation and they should let the County do what the County was going to do with regards to any application and avoid any appearance of impropriety in the relationships that the City has with the power companies. Mr. Ron Virdin – 1087 Haypoint Landing Road Dover, DE 19901 Mr. Virdin stated that he owns property at 225 White Oak Road. He has been around this area all of his life and was born maybe 3 miles from where we are talking about. All of the grain that Mr. Brown harvested last season, he hauled every bit of it to the mill for him. He knows for a fact that he grew 70 bushels of beans to the acre and 200 bushels of corn to the acre. A couple of years ago he grew 100 bushels of wheat to the acre so he can’t see how that is not a good farm. He would hate to see it end up as a solar field. He doesn’t like to ride down the road and see a bunch of solar panels out in a field like they were talking about up in Smyrna. People grow a lot of chickens in the State of Delaware and it takes a lot of feed to feed those chickens. Down at the mill where he hauled all of the grain, they told him that it takes 125,000 bushels of corn a week to grind for chicken feed and that’s just Mountaire. That is not counting Perdue and all of the other people that raise chickens. He would hate to see this property turned into a solar farm; he would be totally against it. Ms. Mary Ellen Opdyke – 265 Bayside Drive Dover, DE 19901 Ms. Opdyke stated that she is older than most of the people here put together. She wouldn’t make a great farmer; she would talk too much. She would like Commission to meet her two great grandchildren. She doesn’t want to see them hungry; she doesn’t want to see any of your great grandchildren or future children hungry. You will be and they will be if you allow all of these solar systems in. They are great for cars; they are great for electricity. They are great for many things like maybe running a hospital but they are too big. The day is coming that they are going to make them smaller. Remember the great big computers that they had? How big are they now? You have a little bitty one on your phone. They ought to be taking their time and making them smaller so they don’t have to take up the farmland that feeds us. Where are you going to go in an electric car to find food? What are you going to put on the table for your children to eat? There will be a light over the table and no food. How hungry will they be? She heard a story a long time ago and it touched her. During the war, the soldiers were rationed out food and they were given fresh fruit. They were given a little old lousy banana. There were four little children 24 27

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 standing over in a corner and they would pass of the food to all of their soldiers. One officer saw them and he saved his banana and gave it to the children. The girl walked over and thanked the officer. She was dirty and grungy; there were no solar panels to keep her clean and no food on the table, just a banana. She opened that banana up and divided it three ways for the other three children. What did she do? She ate the skin. She is not here to make money; she is here to feed her great grandchildren off of that farm land. When they get them little bitty panels and they will, then where will you feed the kids from then? Mr. John Orona – 459 Quaker Lane Dover, DE 19901 Mr. Orona stated that unfortunately he has to follow someone who had a really good story. He has lived in the City of Dover for his entire life. He has lived in Hampton Square, Fox Hall, Virginia Avenue, Towne Point and Heatherfield. He no longer lives in the City of Dover; he chose to move out of the City of Dover. He recently built a new home of fifteen acres near the Cartanza Farm. He runs his business out of his home. He has room for a garden. He had room to keep his equipment and he has room to do what he wants and to live the way that he wants. He thinks for the City to annex in that area, people have moved out there because they don’t want to be annexed. It’s like they have moved to those areas and then the City comes chasing behind them. He is not a land use attorney or a solar expert; he is just a normal person living here and trying to raise his family. He is not a large corporation from out of town that is looking to capitalize on a piece of property that he got years ago because he had enough money to buy it. He just thinks that the area in question is kind of like the last frontier of eastern Kent County. He is concerned that the value of their properties will decrease. They have nice homes on large tracts of land and people want to look out and see a corn field. They want to watch the corn tassels blow in the wind. They want to watch a storm come across the field. They want to watch geese and ducks. They don’t want to look out and see monstrosities of chain link fence and solar panels. That is not what people who live out their want and he doesn’t think that it should be pushed down their throats. He does think that there would be a major hit to the value of people’s homes. He worries about the tax increase. He has a fairly decent sized home out there and he pays $1,900 a year. He lives on about fifteen acres and he has probably has 10,000 SF of buildings. His mom lives in Heatherfield in a duplex and she pays $1,400 a year in taxes. Our homes aren’t even comparable and she is only paying $500 less because she is in the City and that is with her paying a senior citizen rate. He doesn’t want to pay more taxes to the City. No offense to the Police or the Fire Department or anybody here, but he doesn’t want to pay for those services. He doesn’t need those services. The Garrison Industrial Park that was spoken of, he doesn’t have stats on that but to the best of his knowledge, that Park is halfway vacant. So he doesn’t know why we are annexing additional property while that is sitting there doing nothing. To develop a property like this, he thinks one or two people are going to benefit from that. He doesn’t see it creating any long term jobs. He thinks that some company who is probably publicly traded is going to make a ton of money. They are probably getting a bunch of tax money and federal money and once that dries up, the people who live here are stuck with a once fertile piece of ground that is nothing but stone, metal and mercury. Mr. Dunkle stated that the City wants green energy and that’s fine, but the people who live out there don’t. So maybe that should be developed on the Library, the Police Station, the Fire Department, or the City Warehouse. He thinks those are the places the City should be targeting. If they want to annex and they want that type of energy then they should be putting it where they belong; not in their back yards. He is not a highly educated person but he thinks that you are obstructing wildlife in that area like deer, fox 25 28

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 or things like that. They shouldn’t be caged in or trapped by chain link fences. You go look behind Target or Silver Lake Park. All of those resident geese are there in those areas because we are taking farmland. They are becoming a nuisance and walking through Route 13 and getting hit by cars because there isn’t any land for them. That is Scenic Byway. Himself, on a Saturday he likes to get in his car and go to Sambo’s and have some crabs and a few beers. He likes to ride to Boondocks, to Port Penn, to Delaware City or Kitts Hummock. People don’t want to ride by industrial wasteland because that is a Scenic Byway. Like Ms. Opdyke said, once you ruin it, it’s gone. The City has got a ton of other issues and for them to expand their footprint he thinks would be foolish. Ride down Loockerman Street; there are no businesses there that are thriving. He was on South Governors Avenue today and there is a building defaced with graffiti. He thinks before the City expands, they should master what they have. He just thinks that it is a common sense approach. He thinks that if the people wanted it, you wouldn’t have to force it on them. They would be coming to the City asking them to annex. We have one big company that is pushing it down everyone else’s throat. He doesn’t see anyone else here advocating for it except for special interest for a lack of a better term. You have twenty people here who have say here for two hours listening to things like car washes. If that doesn’t show you that it is not wanted then he doesn’t know what else would. Mr. Donald Opdyke - 6926 Bayside Drive Dover, DE 19901 Mr. Opdyke stated that he is right down the street from White Oak Road. In 100 years, that farm land is still going to be there. What corporation is going to own that ground in 100 years? In 100 years, someone will still farm it. Solar panels will rust, fade, and break. Who is going to take care of them; this corporation? No, they bought that land because they have to run the power plant and now they are just trying to unload. If they could get it down so easily through Kent County then they would have had it done but they can’t. They are fighting tooth and nail with Kent County to get it done; so, they are just going around the corner to try getting the City to do it. Like the gentleman before him said, look at all the property that is right by the power plant that is not being used. Before you go starting to rip apart a piece of ground that doesn’t need to be touched, fill up the ones you have out there. There is plenty of ground out by the power plant. There are already solar panels there so adding more won’t hurt. It is closer and less wire to run and the ground is already taken out of farmland; so use it. Use that property first before you start making more power plants elsewhere. Use the property you have. There is no sense in tearing up a piece of ground that doesn’t need to be torn up. Like he said, that farm will be there in 100 years. Where will the solar panels be? Are you guys going to be taking care of them? No. But that ground will be there in 100 years. Mr. Paul Cartanza, Sr. – 6289 Bayside Drive Dover, DE 19901 Mr. Cartanza stated that he just wanted to clarify the gentleman’s comment about himself saying that the land is difficult to farm. There is only one section between the woods that is difficult to farm. The rest of the farm is very farmable. They have big equipment and they can get up and down the ditches. As his son stated earlier, the ditches were put in order to drain the farm and make it pliable for farming. He also farmed the Garrison Farm and that farm has fifty handmade ditches and Mr. Garrison could still farm that. He remembers talking to him and asking him about the ditches. He said that they were all put in order to drain the farm so that he would be able to plant on the farm and grow crops. They farmed that land for over 25-30 years ago with big equipment and now it is kind of lying there and being totally unused with a small set of solar 26 29

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 there. They should just finish putting the solar around the rest of the farm. It is already in the City of Dover. When Ruth Ann Minner was Governor, when she put Route 1 through she said there would be no development east of Route 1. That has been trickling through. The most people who have gotten through on that were people that knew what was going to happen before Route 1 was even brought to people’s attention. He thinks that they have acquired enough land on their side and they need to go back to the other side or put it on other places like buildings or parking lots at Dover Downs as most of the other people have stated. He just wanted to clarify his comment on the farm being difficult to farm. That was only the back in between the two woods. Mr. Brown farms it now and he has done a very good job of taking care of it. He wants to state that he is against this 100%. Keep it more into the city limits; don’t let the city limits come to us. Mrs. Maucher stated that there was a letter from Shadybrook Farms LLC on their desks tonight regarding the application. Were there other comments received? Mrs. Melson-Williams stated that there were no other written comments received but she will formerly enter into the record the letter received. It came via email this afternoon as an attachment from Shadybrook Farms LLC which is located at 1477 Cartanza Road. The letter is dated February 21, 2023 and is signed by Mr. Paul Cartanza, Jr., a representative of Shadybrook Farms LLC. There are also a number of people that signed the letter so she will note those as she reads the letter into the record. “Dear Planning Commission Members, we are writing to you today regarding Item #8 on your agenda for February 21, 2023, MI-23-01 Comprehensive Plan Amendments 2023. The owner of the parcel mentioned above has applied for utilities solar through the Kent County Levy Court. A portion of this parcel is zoned as Agricultural Conservation (AC) outside of the growth zone; therefore the application for utility solar was tabled pending the results of a lawsuit against the County for approving other utility solar operation on a parcel zoned as Agricultural Conservation (AC). They would like to ask that you assist with avoiding further litigation and take Kent County Levy Court’s decision to table the application and land use designation into consideration and not amend the land use classification to private/public utilities at this time.” It then lists the property area as 104.06 acres with a property address of 3015 White Oak Road and it goes on to list the property owner as Calpine Holdings LLC and a tax parcel number of LC-00- 058.00-02-48.00-000. The Comprehensive Plan Map 13-2, the change that was proposed from a land use classification of none to the new proposed classification. It is signed by Mr. Paul Cartanza, Jr. representative of Shadybrook Farms LLC and it does list residents and land owners near this location in support of this letter. Several of them have been here this evening to speak. The Bonk family; Bonk Farms. Mr. Paul and Janice Cartanza, Sr.; Lazy Day Farms. The Blessing Family; Waterway Farms. The Zimmerman Family; Broad Acres Inc. The Orona Family; Shortcutz Lawn and Landscape. The Mayhall Family, Edgewater Well Service. Mr. Justin Hoffman; Air Enterprises. Mr. Mark Cartanza; MASC Farms. Mr. Ronald Virdin; 3525 White Oak Road. Ms. Mary Ellen Opdyke; 6500 Bayside Drive. Mrs. Maucher closed the public hearing. Mr. Hartman stated that based on what the people who live out in that area have had to say tonight and the callers who have called in tonight to disagree with this Amendment, he believes that they should be very careful in going forward with this Annexation. The people out there don’t want it and don’t want to be annexed. Kent County is washing their hands of it or tabling 27 30

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 it. He believes that this is their chance as Commissioners to stop it before it becomes a zoning issue and then a Site Plan and then they are backed into a corner where they have to approve it like this Tidal Car Wash that they were faced with tonight that they are opposed to but couldn’t actually vote against it. He would recommend to this Commission to stand with the residents out there and vote against this Annexation. Mrs. Denney stated that she absolutely agrees. She feels very strongly that if it weren’t for people like the ones who have given testimony tonight, we would be hungry. She lived in the City up north but she has a brother who owned a 350 acre farm. He had cows and he tilled dirt to feed the cows. She thinks that we should all be extremely appreciative because this group of people takes almost everything they own every spring, put it in a field and trust that God will let their crops come up so that we eat. She really feels very strongly that if this body were to approve an Annexation, they would be encroaching on the people who feed us in the worst way by taking away their land and their ability to do so. Mrs. Denney moved to recommend to City Council a denial of application MI-23-01 Comprehensive Plan Amendments 202 for annexation. Mrs. Melson-Williams stated that they are not considering an Annexation at this point. What is before you is a Comprehensive Plan Amendment so this is an application to amend the Comprehensive Plan. They have made two requests; so the intent of the motion needs to be clarified. Mrs. Denney moved to recommend to City Council a denial of application MI-23-01 Comprehensive Plan Amendments 2023 based on comments made, seconded by Mr. Hartman and he added that this is a recommendation to City Council so if they vote and this is not approved, City Council can follow their recommendations or they may vote to approve it. He wants everyone here to understand that. The motion was carried by roll call 8-0 with Mrs. Malone absent. Mrs. Denney voting yes; based on the comments made with her motion. Mr. Hartman voting yes; based on his previous comments. Mr. Baldwin voting yes; based on the previous comments. Dr. Jones voting yes; there were some very compelling testimonies and they appreciate everyone coming in. Mrs. Welsh voting yes; for reasons previously stated. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Maucher voting yes; she is deeply concerned that you go from an Area of Concern to a Priority Annexation (Area) especially with all of the compelling testimony tonight. Mrs. Melson-Williams stated that the Planning Commission’s recommendation will be forwarded to City Council along with the Meeting Minutes once they are prepared. The City Council will have its own public hearing on this application and that is scheduled before March 13, 2023. City Council does meet in the Council Chambers and their meetings start at 6:30PM and they typically presented both in-person and hybrid. If there are questions about attending that meeting, she would refer you to the City Clerk’s Office or you can always reach out to the Planning Office. Their meeting agenda will be posted about one week prior to that meeting date. NEW BUSINESS 28 31

Item 1. CITY OF DOVER PLANNING COMMISSION FEBRUARY 21, 2023 Mrs. Melson-Williams stated that there are no new items of business. She will note that the Planning Commissioners also received a letter of correspondence that was addressed particularly to each Planning Commission member and also was initially written to the Council President regarding the Woodcrest subdivision stormwater drainage issues. They are just forwarding the correspondence; there is no action for you to take this evening regarding that item. Mr. Hartman asked if Planning Staff was aware of anything on going to resolve that issue. He knows there were several recommendations made when it first came up. Responding to Mr. Hartman, Mrs. Melson-Williams stated that when the letter was making reference to the stormwater management and wetlands facility that is along Pat Lynn Drive. That site is part of an active Site Development Plan for the New Dover Middle Schools project. There were some requirements of this body about the long term maintenance of that facility. This letter she believes focuses on areas beyond that pond but she is not sure if there has been any direction from Council regarding this letter. Meeting adjourned at 10:35 PM. Sincerely, Kristen Mullaney Secretary 29 32

Item 2. From: Harvey, Tracey To: Melson-Williams, Dawn Subject: FW: EXTERNAL: Conditional Use one year extension Date: Thursday, March 09, 2023 9:34:59 AM Hi Dawn, Listed below is the extension letter for the Daycare at 756 Little Creek Road. Thanks, Tracey From: shawanda johnson <jjslearningexperience2@gmail.com> Sent: Wednesday, March 8, 2023 1:54 PM To: Harvey, Tracey <Tharvey@dover.de.us> Subject: EXTERNAL: Conditional Use one year extension WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Ms. Harvey, this is Keith & Shawanda Johnson. We would like to request a one year extension for the Conditional Use application C-21-02. The reason for this extension is that we are waiting for the final approval from DEL_DOT regarding the required changes that were requested to be made to the highway. Once we receive this approval we will be able to move forward as planned. Thanks, In advance! 33

WSLLC 1406 B ForrestAve,, Dover, DE 19904 Item 3. 302.672.0984 - FAX 302.450.31.28 landlord@stoltzfusm.com March 6,2023 Julian Swierczek City of Dover Planning Commission L5 E. Loocherman Street Dover, DE 19904 RE: 1257 College Park Drive - Lot D - C-21-03 To whom it may concern: We are writing today to request to extend the Planning Commission Approval that expires on March 3L,2023 forthis property. We are requesting to extend this Approval due to the fact that we have changed engineers for the project. We have engaged Scott Engineering to provide us with what we need to go forward to develop this property. As of right now, we are planning to develop Lot D to be leased as contractor offices, however, we have no tenants confirmed at this time. We thank you in advance for any consideration you can give us. Sincerely, Owner JMS/ds Cc: Melissa Porter 34

Item 3. 35

Item 3. CO CO 3-PT ARB CODE REQUIREMENTS 1 TREE / 3000 SF OF LOT AREA LOT SIZE = .9907 AC 0 AC. WOODLANDS 4-QPH .9907 AC = 43,154.89 SF / 3000 = 14.38 REQUIRED TREES 15 TREES PROVIDED 3-JV PLANTING SCHEDULE TYPE KEY # BOTANICAL AND COMMON NAME MINIMUM SIZE T ARB 3 ACER RUBRUM ‘ BOWHALL’ OR KARPICK - COLUMNAR RED MAPLE 2.0” CAL. BB T CO 2 CELTIS OCCIDENTALIS PRAIRIE PRIDE - PRAIRIE PRIDE HACKBERRY 2.0“ CAL. BB T QPH 4 QUERCUS PHELLOS - WILLOW OAK 2.0” CAL. BB E PT 3 PINUS TAEDA - LOBLOLLY PINE 6’-8’ BB E JV 3 JUNIPERUS VIRGINIANA ‘EMERALD SENTINAL 6’-8’ BB TOTAL 15 TREES PROVIDED KEY - T = TREE, E = EVERGREEN TREE ST = STREET TREE O = UNDERSTORY TREE S = SHRUB P = PERENNIAL G = GRASSES, GC = GROUND COVER H = HERBACEOUS RF = REFORESTATION B = BULBS V = VINES FIELD LOCATE ALL UTILTIES PRIOR TO DIGGING - NO TREES SHALL BE PLANTED WITHIN 10’ OF ANY OVERHEAD OR 2-ARB UNDERGROUND UTILITY LINE. ADJUST LOCATIONS OF PLANTINGS TO AVOID CONFLICTS WITH DRAINAGE , UTILITIES, STRUCTURES, AND VEGETATION TO REMAIN. IF SOILS UNSUITABLE FOR PLANTING AND PROPER PLANT ESTABLISHMENT ARE ENCOUNTERED, STOP PLANTING AND NOTIFY THE OWNER AND LANDSCAPE ARCHITECT. PLANTING AND CONSTRUCTION OPERATIONS SHALL CONFORM TO ALL LOCAL STATE AND FEDERAL SAFETY, ENVIRONMENTAL LAWS. CONTRACTORS ARE RESPONSIBLE FOR ALL PERMITS AND SUBMISSIONS REQUIRED FOR THE WORK. NO MULCH MOUNDS OVER TREE OR SHRUB TRUNKS OR STEMS Notch and secure stakes with plastic strapping, fiberglass tree tape , Notch and secure stakes with wire, or similar, protect plastic strapping, fiberglass tree tape , NO MULCH OVER BASE OF TRUNK AT ROOT CROWN wire, or similar, protect tree with hose or tree straps Safety flagging tree with hose or tree straps NO MULCH OVER BASE OF TRUNK AT ROOT CROWN Safety flagging 4’ HT. min. 3’ HT. min. remove burlap, twine and remove burlap, twine and ET wire from root crown area after staked and planted securly wire from root crown area after staked and planted securly ET minimum 2” maximum 3” shredded set ball top even with finished grade minimum 2” maximum 3” shredded hardwood bark set ball top even with finished grade hardwood bark DL 2’ deep min. 1’ deep min. dish shaped hole NO verticle sidewalls dish shaped hole PLANTING NOTES: NO verticle sidewalls 1 - PLANT IN ACCORDANCE WITH THE STANDARDS AS SET FORTH BY THE AMERICAN ASSOCIATION OF backfill mix - see notes NURSERYMEN, AND THE AMERICAN STANDARD FOR NURSERY STOCK. undisturbed grade backfill mix - see notes undisturbed grade 2- LOCATE OVERHEAD AND UNDERGROUND UTILITIES PRIOR TO PLANTING. FIELD ADJUST PLANT LOCATIONS or if disturbed compacted subgrade below ball or if disturbed compacted subgrade below ball AS NEEDED TO AVOID CONFLICT WITH SWALES, PIPES, DRAINAGE STRUCTURES, WIRES, UTILITY BOXES Create Earth Saucer under mulch to hold water during establishment. TRANSFORMERS, EXISTING VEGETATION THAT REMAINS, ETC. STOP PLANTING AND CONTACT THE LANDSCAPE Water throughly at planting. Remove twine from base of tree at root crown Create Earth Saucer under mulch to hold water during establishment. ARCHITECT AND OWNER IF SOIL CONDITIONS ARE ENCOUNTERED THAT ARE UNSUITABLE FOR PROPER PLANT GROWTH. after securly staked. Set ball on existing grade or compacted soil with ball top Water throughly at planting. Remove twine from base of tree at root crown 3- FIELD LOCATION PLANTS TO AVOID CONFLICT WITH SWALES, DRAINAGE AND UTILITIES ABOVE even to finished surrounding grade. Stake with hardwood stakes minimum 6’ length after securly staked. Set ball on existing grade or compacted soil with ball top even to finished surrounding grade. Stake with one hardwood stakes minimum 4’ length AND BELOW GROUND, EXISTING VEGETATION ETC. 2” x 2” . One for trees 1.5” cal. two for trees over 2” cal. three for trees over 3.5” cal. 4 - PLANTING BACKFILL MIX: ONE PART PEAT HUMUS, TO ONE PART TOPSOIL TO ONE PART EXISTING SOIL. _______________________2-2-21_________________ Hole (disturbed dish area) minimum 2 times AMENDMENTS : MIX INTO SOIL PRIOR TO BACKFILLING, .25 LBS ORGANIC FERTILIZER 5-10-5 ORGANIC FERTILIZER SIGNATURE DATE Hole (disturbed dish area) minimum 2 times I ELLEN TRACEY CONFIRM THAT I AM A REGISTERED LANDSCAPE ARCHITECT the width of the ball - NO EXCEPTIONS .75 LBS OF BONE MEAL, AND 1 LB OF ORGANIC DECOMPOSED COW MANURE PER CUBIC FOOT OF BACKFILL. SET BALL OR CONTAINER IN THE STATE OF DELAWARE LICENSE NO 134-E AND THE THE INFORMATION the width of the ball - NO EXCEPTIONS SOIL TOP EVEN WITH FINISHED GRADE. PROVIDED HEREIN HAS BEEN PREPARED BY ME AND TO THE BEST OF MY 1901 Hickory Hill Road TREE PLANTING DETAIL not to scale EVERGREEN TREE PLANTING DETAIL 5- THE QUANTITIES OF PLANTS ON THE PLAN DRAWING FOR CODE REQUIRED AREAS SHALL REMAIN WITH THE SPECIFIC KNOWLEDGE REPRESENTS ACCEPTABLE LANDSCAPE ARCHITECTURAL PRACTICE Chadds Ford PA 19317 AS REQUIRED BY THE DELAWARE STATE CODES AND LAWS AND THE REQUIREMENTS not to scale AREA (IE: BUFFERYARDS, PARKING AREAS ETC) BUT SHALL BE FIELD LOCATED TO AVOID UTILITIES OR OBSTRUCTIONS OF THE GOVERNING MUNICIPALITY. USE OR REPRODUCTION OF THIS SIGNATURE 610-388-7758 AND SHALL GOVERN OVER THE SCHEDULE TO MEET MINIMUM CODE REQUIREMENTS. AND OR SEAL BY OTHERS IS STRICTLY FORBIDDEN . ellentraceyDESIGNSetc@gmail.com 36

Item 3. City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 3, 2021 PLANNING COMMISSION MEETING OF March 15, 2021 Plan Title: Warehouse Building at College Park Lot D, C-21-03 Plan Type: Conditional Use Site Plan Location: North of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. Tax Map #: ED-05-067.00-02-12.06-000 Owner/Applicant: Stoltzfus, LLC Site Area: 0.9907 acres +/- Zoning: M (Manufacturing Zone) Current Use: Existing Telecommunications Monopole (Tower Based Wireless Communications Facility) to remain and a Trailer Building to be demolished. Proposed Use: Commercial Warehouse Maintain existing Telecommunications Monopole (Tower Based Wireless Communications Facility) Building Area: 9,520 SF Off Street Parking: Required – 12 spaces Proposed – 12 spaces Previous Applications: C-15-03 Cellco Partnership dba Verizon Wireless at 1255 College Park Drive V-15-08 Area Variance development of Telecommunications Tower Waiver Requested: Partial Elimination of Upright Curbing Consideration of: Performance Standards Review Application P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 37

Item 3. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 3, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek AICP, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of Conditional Use Site Development Plan to permit construction of a 9,520 SF one story Commercial Warehouse Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M (Manufacturing Zone). The property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The owner of record is Stoltzfus LLC (HSM Exchange LLC). Property Address: 1255-1257 College Park Drive. Tax Parcel: ED-05-067.00-02-12.06-000. Previous Applications: Application V-15-08 was granted by the Board of Adjustment at their June 2015 meeting. This Area Variance Application was to request an increase the maximum permitted height in the M zone by 123 feet from 35 feet to 158 feet. This was to allow for the installation of a telecommunications monopole (Towed Based Wireless Communications Facility) on the property. Once granted by the Board of Adjustment, Conditional Use Site Plan Application C-15-03 subsequently went to the Planning Commission at their August 2015 to allow for the construction of said telecommunications monopole. This application received conditional approval, by the Planning Commission and Final Plan Approval in January 2016. Staff notes the monopole structure is to remain on the property alongside this proposed development. II. PROJECT DESCRIPTION The subject property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right-of-way. The applicant is proposing to construct a one- story 9,520 SF building and associated site improvements to be utilized primarily for commercial warehousing. The existing Telecommunications Monopole is to remain on site. No specific type of “commercial” product or tenant is of yet identified. Neighboring properties on College Park Drive (across College Park Drive to the northwest, and immediately adjacent to the subject property to the southwest) are also zoned M (Manufacturing Zone) and contain a mixture of largely warehouse and office spaces. The property to the rear (southeast) of the subject property is CPO (Commercial and Professional Office Zone) and is the 38

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 2 site of the offices of the USDA Department of Agriculture; however, the part of that parcel immediate adjacent to the subject site includes a stormwater management facility and remains partially wooded. Immediately adjacent to the northeast of the property is the right-of-way for the railroad, and across the railroad from the subject site are several parcels zoned RG-5 (General Residence Zone) which remain undeveloped and are similarly, primarily wooded. III. ZONING REVIEW M (Manufacturing Zone) The application is a Conditional Use Site Plan for the proposed construction of a warehouse style building for multiple tenants. Manufacturing, building contractor’s yards, and wholesale storage and warehousing buildings in the M Zone are Conditional Uses which require approval from the Planning Commission. (Zoning Ordinance Article 3 Section 19.1) Article 3 Section 19.1 Manufacturing zone (M) 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and conditional upon approval as to use by the planning commission in accordance with the provisions of article 10, section 1 and in accordance with performance standards procedure as set forth in article 5, section 8: 19.11 Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing, handling, or storage of products or materials involving the use of only oil, gas or electricity for fuel. 19.12 Research, design and development laboratories. 19.13 Wholesale storage and warehousing. 19.14 Building contractors' yards. 19.15 Public utilities uses. 19.16 Ministorage facilities, subject to the following regulations: (a) No unit shall be placed within 30 feet of any other structure on the lot or a residential property line. (b) No outside storage, except for recreational vehicles, boats or personal automobiles when completely screened from view and parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (c) No individual unit may be used for retail, garage sale or any other commercial activities. (d) No storage of flammable, explosive, corrosive or other hazardous products may occur in the individual unit. (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office outside of the enclosure. One row of parallel parking is permitted between buildings at a ratio of one space per 25 feet. (f) All other bulk requirements of this ordinance are met. This Conditional Use Site Plan is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use Site Plan applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the 39

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 3 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 which relates to the role of the Commission in reviewing Conditional Use Site Plan applications are particularly relevant when reviewing this application: Article 10 §1.1 [Accessibility for fire and police protection.] That all proposed structures, equipment or material shall be readily accessible for fire and police protection; Article 10 §1.2 That the proposed use 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; IV. PARKING SUMMARY The parking requirement for a warehouse in the M (Manufacturing Zone) is based on a rate of one parking space per 800 square feet of floor area or one parking spaces per employee, per largest working shift (if greater than the requirement under the floor area calculation). Based on a total floor area of 9,520 SF the facility would require 12 parking spaces. The plan submitted shows a total of 12 parking spaces including one handicapped accessible space. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by 12 parking spaces, one (1) bicycle parking space is required. Bicycle parking is noted on the Plans (Revised Exhibit Sheet) submitted, shown being located near the dumpster enclosure to the northeast of the main building. While facilities are noted, the number of spaces however has not been identified. Loading Berths Article 6 Section 4.2 of the Zoning Ordinance states that for manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through this Site Plan review process. The plan currently shows one (1) loading space being provided along the northeast side of the proposed building. The Loading Space is shown as 29 foot width at the entrance, and tapers toward the rear. The Applicant will need to note the remaining dimensions for Staff to determine its suitability, once a use tenant is identified. The architecture seems to reflect a series of five (5) roll-up garage style doors on the front (north) facade that may also serve for loading purposes. The applicant will need to provide a written description of all proposed activity to take place on site before Planning Staff may determine the sufficiency of the proposed loading berths. Stormwater Utility and Drainage Easement The plans submitted identify a 10-foot-wide Utility & Stormwater Drainage Easement along the northeastern boundary (adjacent to the railroad corridor) of the subject site. The paved loading space lies partially in this easement. Planning Staff notes the submission of the Applicant to waive the requirements for curbing around this loading space specifically to help facilitate 40

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 4 stormwater management/sheetwater runoff. The Applicant should however provide further detailed information as to how this loading space will not impede or otherwise negatively impact said Easement area. V. SITE CONSIDERATIONS Access There is one entrance proposed to the site from College Park Drive. This proposed access connects to both the vehicle parking lot to the northwest of the main building, as well as directly to the Loading Space Area on the east end of the main building. An existing gravel drive leads to the Wireless Communications Facility (monopole) from the loading space area. There is no proposed cross access to adjoining properties. College Park Drive - Status of Right-of-Way College Park Drive is a privately maintained road and consequently not within the purview of either the City of Dover, nor DelDOT to maintain. In the plans submitted however, the Applicant has identified that the Right-of-Way recorded for the end of College Park Drive, is not as College Park Drive was in fact constructed. With the Revised Plan Exhibit, the applicant is proposing to align the portion of College Park Drive Right-of-Way located on their property with the location of College Park Drive as constructed. It is incumbent on the Applicant to ensure that any easements or right-of-way location adjustment necessary to facilitate public access to College Park Drive are properly recorded. This change to Right-of-Way location also allows for adjustments of the site design to accommodate the street frontage sidewalk, and the on-site placement of the parking lot and Building. Lighting There is a note on the Cover Sheet of the Plan Set which indicates that any lighting scheme on the subject site is to meet a minimum of 1.5 foot-candles at grade which is compliant with Code. The Plans submitted however do not appear to indicate any specific freestanding lighting scheme; there are wall-mounted lights shown on the east and south elevations of the building. Dumpsters Industrial/warehousing buildings require two (2) dumpster pad for the first 80,000 S.F. of building area and one (1) for each additional 40,000 S.F. of building area or a fraction thereof. Based on this calculation two (2) dumpster pads are required for the overall building area of 9,9520 SF at this site. The Site Plan currently indicates two (2) dumpster enclosures with pads. The plans submitted further identify that these dumpster pad areas are to be enclosed. The Applicant has indicated that the trash collection is to be carried out privately. Sidewalks: Sidewalks are required along the entire street frontage of a property (Zoning Ordinance, Article 5 §18.1). A sidewalk connection between the street frontage sidewalk and the building must also be provided (Article 5 §18.3). The plan submitted as the Revised Plan Exhibit indicates sidewalks along the frontage of College Park Drive, as well as connecting from College Park Drive, into the site, across the Vehicle Parking Area to the main entrance of the building. 41

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 5 Planning Staff notes that the property immediately adjacent and on the same side of College Park Drive provides a sidewalk along the entirety of its College Park Drive frontage. This sidewalk appears to extend all the way along College Park Drive to College Road, the property across College Park Drive from the subject site similarly contains a sidewalk along its College Park Drive frontage. The inclusion of sidewalk on this property will allow pedestrian access from the subject site, unencumbered, all the way to College Road. Waiver Request: Partial Elimination of Curbing Article 6 §3.6(b) of the Zoning Ordinance requires upright, 6-inch curbing for all parking and drive aisle areas. The applicant has submitted a Waiver Request from the requirements of the Zoning Ordinance, Article 6 Section 3.6 (b) for upright curbing, specifically around the perimeter of the loading space area. The Applicant has stated that the Waiver Request is to help facilitate stormwater runoff. Planning Staff has granted the Waiver Request. VI. BUILDING ARCHITECTURE The Plan submission includes a Sheet showing the elevation all four (4) sides of the proposed building. The Elevations Sheet does not note any type of material, only noting details of features like doors, garage doors, and windows. All four walls and the pitched rood appear to all indicate a vertical type material installation, presumably metal. VII. TREE PLANTING AND LANDSCAPE PLAN The Zoning Ordinance requires a tree planting/landscape plan for at a rate of one tree per 3,000 SF of development area. It should be noted that the previous development application C-15-03 indicated woodland area on the property. However, the Applicant has indicated that the severe weather that impacted Dover in the Summer of 2020 (Tornado from Hurricane/Tropical Storm Isias) caused significant damage to this wooded area and subsequent property clean-up efforts removed this wooded area. The parcel is noted on the Landscape Plan (Sheet LS-1) as being 43,154.89 SF. This would require a minimum number of fifteen (15) trees to be planted of no areas qualify as woodland. The Plans submitted show a mix fifteen (15) trees in a mix of deciduous and evergreen trees being planted which meets Code Requirements. The Landscape Plan submitted does not show any further details (shrubbery, flowers, etc.) beyond the proposed tree plantings. VIII. PERFORMANCE STANDARDS REVIEW Uses in the M Zone are subject to the Performance Standards Procedure set forth in the Zoning Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. 42

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 6 The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” is to be considered by the Planning Commission. The “dangerous and objectionable elements” are as follows: • Fire and explosion hazards (activities with and storage of) • Radioactivity or electromagnetic disturbance • Noise (sound pressure level) • Vibration • Smoke • Odors (Odorous gases or odorous matter) • Fly ash, dust, fumes, vapors, gases and other forms of air pollution • Glare (from lighting or high temperature processes) • Liquid or solid wastes • Traffic congestion (Level of Service E) The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas or adjoining properties. The specific limits of each performance standard are described in the Zoning Ordinance. Where the performance standards conflict with regulations established by other state or local agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC), the more restrictive regulations apply. As part of this procedure, a separate Performance Standard Review Application is required to accompany the application for Site Plan approval. The applicant has submitted a Performance Standard Review Application letter indicating how the proposed development will restrict the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. The Planning Commission may refer the Application to expert consultants for review if deemed necessary. The Planning Commission is charged with determining if the proposed of the facility conforms to the applicable performance standards. IX. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Review and Approval of the Performance Standards Review Application is required for the property development in accordance with Zoning Ordinance, Article 5 §8.6. 2) Please clarify the status of College Park Drive. It must be clearly stated as to what legal agreements may be in place, as the road intended to provide public access appears to be located partially outside of the recorded Right-of-Way, and instead on the subject property. A Record Plan will need to be submitted, to establish any new necessary Easements or adjustments to the Right-of-way location. 3) Please add a note to the plan regarding the City Planner’s approval of the waiver request to eliminate upright curbing in select areas. 43

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 7 4) The complete Plan set must be updated to reflect the revised site development proposal shown in the Revised Plan Exhibit. 5) Provide information on the intended use of building so that Staff can evaluate the loading space/area provided. 6) Please provide details noting how the proposed Loading Space area to the northeast of the proposed building will not interfere with the Utility & Drainage Easement. 7) Please identify the square feature to the rear of the building (southern corner of the subject site) shown on the Site Plans. For example, if this is a fence surrounding the existing Wireless Communications Facility monopole, please identify it as such. a) Please provide details on the structure (dimensions, purpose, material, etc.) as it appears that it is intended to remain on the property with the proposed development. 8) Cover Sheet: a) Please note the Site Area in square feet in addition to acreage. b) Please note both the required number trees to be planted, as well as the number of trees proposed. c) Please note that the Data Column identifies thirteen (13) Vehicle Parking Spaces, whereas the Plan Sheets show only twelve (12) Vehicle Parking Spaces. 9) Page A1/ Elevations Plan: a) Please note the building material to be proposed for all four walls and the roof. b) Please provide the full dimensions of the proposed building and the building details (doors, windows, garage doors, etc.). 10) Evaluate any existing vegetation on the property to determine if it qualifies as “woodland” per the Zoning Ordinance. The Landscape design professional must attest to the presence or lack thereof. 11) The Final Plan set must include notes documenting any action taken by the Planning Commission regarding requested waivers and must list any additional conditions of approval. X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL 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. 44

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 8 1) Waiver Request: a) Partial Elimination of Curbing: Staff grants approval of the waiver request to relax curbing requirements in the loading space area. The upright curbing requested to be waived is to facilitate to stormwater management. Therefore, the elimination is appropriate to allow sheet flow of water into these areas. 2) Performance Standards Review Application: Planning Staff recommends approval of the Performance Standards Review, believing it sufficiently demonstrates the intent to comply with the restriction as provide in Zoning Ordinance, Article 5 Section 8.1 and 8.2. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event, that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Conditional Use Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the Plan. 3) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement (Final Plan Approval). 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) For building new construction, the requirements of the Building Code and the Fire Code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant 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. Building Permits will be required for each building and for each tenant space fit-out/ occupancy. 7) In the event that there are changes to the architecture, building footprint, layout or square 45

Item 3. C-21-03 College Business Park Lot D Flex Warehouse Building DAC Report of March 3, 2021 Page 9 footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 8) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 9) The applicant shall be aware that 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 may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 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. 46

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. 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. The Department of Public Works has no objections to the plan as the site will be serviced by a private trash hauler and it is located off a private street. 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. 47

Item 3. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 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. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve 48

Item 3. Warehouse Building at College Business Park Lot D File #: C-21-03 February 24, 2021 Page 2 of 3 should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. A minimum of fifteen feet (15’) shall be provided between the fire hydrant and fire hydrant valve. 8. Our records indicate that there is an existing water main (privately owned) that travels south from the end of the cul-de-sac. Please be advised that the building must be installed at least ten feet (10’) away from the underground infrastructure. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. 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. 6. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 49

Item 3. Warehouse Building at College Business Park Lot D File #: C-21-03 February 24, 2021 Page 3 of 3 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 50

Item 3. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 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. 51

Warehouse Building at College Business Park Lot D Item 3. File #: C-21-03 February 24, 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. 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 . 52

C F C-21-03 Item 3. 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: 02/24/21 D S O H V A E L APPLICATION: Warehouse Building at College Business Park Lot D R FILE #: C-21-03 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 warehouse/storage 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% (25% if sprinklered) nd 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 6. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 53

Item 3. 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 7. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 8. 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. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 9. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of 54

Item 3. the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 10. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 11. NFPA 72 compliant Fire Alarm System TBD 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 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) 12. Sprinkler system TBD. 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. 55

Item 3. 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 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) 13. 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. 56

Item 3. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 14. 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) 15. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 16. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 17. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 18. 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. 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) 19. 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: 57

Item 3. 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) 20. TBD 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. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) 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. 58

Item 3. 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 21. 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. 22. Project to be completed per approved Site Plan. 23. Full building and fire plan review is required. 24. 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. 25. Construction or renovations cannot be started until building plans are approved. 26. 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. 27. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Additional information (what the building will be used for/what will be stored) is needed 2. A fire hydrant will be required (TBD after discussion with the Fire Marshal) APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 59

Item 3. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Warehouse on College Park Drive FILE#: C-21-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Access to the property is from a private street within a Industrial Park.. 60

KENT CONSERVATION DISTRICT Item 3. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY February 24, 2021 APPLICATION: Warehouse Building at College Business Park Lot D FILE #: C-21-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: Submit a Sediment and Stormwater standard non-residential application, fee, and plan to the Kent Conservation District office. ADVISORY COMMENTS TO THE APPLICANT: Maintenance of all existing stormwater facilities is to be completed prior to any final approval of plans. Please contact Kent Conservation District office for further details on required maintenance action items. 61

City of Dover Item 3. March 26, 2021 Doug Liberman Larson Engineering Group, Inc. 910 S. Chapel St. Suite 200 Newark, DE 19713 Via email: dliberman@larsonengineering.net RE: Notice of Decision Conditional Use Site Plan Application: Flex Warehouse Building at College Business Park: Lot D in Dover, Delaware, C-21-03 ED-05-067.00-02-12.06-000 Dear Mr. Liberman: At its meeting of March 15, 2021, the City of Dover Planning Commission moved to grant conditional approval of the Conditional Use Site Plan to allow for the construction of a 9,520 SF one story Commercial Warehouse Building with associated site improvements on a 0.9907 acre +/- parcel. The property is zoned M (Manufacturing Zone). The property is located north of College Road, at the end of College Park Drive, abutting the southwest side of the railroad right- of-way in Dover, DE. The Conditional Use Site Plan is approved in accordance with the conditions of approval including the Staff Recommendations outlined in the Development Advisory Committee (D.A.C.) Report dated March 3, 2021 and as noted below. A copy of the D.A.C. Report is enclosed for your reference. In addition, the Planning Commission took action on the following: 1) Partial Elimination of Upright Curbing: Planning Commission acknowledged that Planning Staff has granted approval of the request for the partial elimination of upright curbing around the perimeter of the loading space area. Staff noted that the upright curbing requested to be waived is to facilitate to stormwater management. Therefore, the elimination is appropriate to allow sheet flow of water into Stormwater Management areas. 2) Performance Standard Review Application: Planning Commission has affirmed the Performance Standards Review Application as submitted with the Conditional Use Site Plan Application. Planning Commission noted that it is generally anticipated to conform to all the applicable performance standards of the Zoning Ordinance, Article 5, Section 8. While the potential tenant(s) of the property is not yet identified, the Planning Commission further acknowledged Planning Staff’s comments that no Certificate of Occupancy will be certified until the Tenant Space of the Building is fitted out, nor will any Permit be approved, unless both are reviewed by Planning Staff for compliance. Staff at that time will further ensure that no objectionable or otherwise non-permitted uses or materials will be located on the premises. Planning Commission approval is valid for two (2) years from the date of approval, during which time the Plan shall be finalized and then construction commenced to establish the new building. The approval expiration date is March 31, 2023. To apply for an extension of time from the P. O. Box 475 Dover, DE 19903 62 Community Excellence Through Quality Service

Notice of Decision Letter: C-21-03 Flex Warehouse Building on Lot D of College Business Park, Dover DE Item 3. March 26, 2021 Page 2 of 2 Planning Commission, this office shall be in receipt of a letter from the owner/applicant requesting such extension at least 30 days prior to the expiration of the original approval. The letter requesting the extension shall state the reasons why an extension is necessary. As a reminder, the Public Notice Physical Posting signage was to be removed from the property by March 22, 2021. Physical Posting signage not removed in a timely manner will be treated as an abandoned sign per the Zoning Ordinance. Should you have any questions, or require further assistance, please contact the Planning Office and the Planner assigned to your project, Julian Swierczek at (302) 736-7196 or at jswierczek@dover.de.us. Sincerely, On Behalf of the Planning Commission Department of Planning & Inspections Dawn E. Melson-Williams, AICP Principal Planner Enclosures: DAC Report Cc without Enclosures unless noted: Dave Hugg, Planning Director Sharon Duca, P.E., Public Works Director Jason Lyon, Water and Wastewater Director File C-21-03 63

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. Dupont Highway Originally submitted to the Planning Commission for review at their February 21, 2023 meeting where action was deferred. S-23-05 Tidal Wave Auto Spa at 245 N. Dupont Highway - Review of a Site Development Plan and Lot Consolidation Plan for two (2) parcels totaling 2.15 +/- acres at 245 North DuPont Highway. The Plan is to permit construction of a 3,690 SF Car Wash facility, 24 vacuum spaces, and associated site improvements. The properties are zoned C-4 (Highway Commercial Zone). The parcels consist of a total of 2.15 +/- acres and is located on the northeastern corner of N Dupont Highway and White Oak Road. The owner of record is TWAS Properties LLC. Property Addresses: 245 and 243 N Dupont Highway. Tax Parcel IDs: ED-05- 068.18-01-13.00-000 and ED-05-068.18-01-12.00-000. Original Attachments as submitted for February 21, 2023 Planning Commission Meeting: a. Development Advisory Committee (D.A.C.) Report (including Agency Comments) of February 8, 2023 b. Site Plan Set c. Color Elevation Drawings Set Additional Attachments for March 20, 2023 Planning Commission Meeting a. Email from Jason Lyon, Director of City of Dover Dept. of Water & Wastewater (March 3, 2023) noting projected demands are acceptable. b. Color Site Plan Sheet for reference. 64

Item 4. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF February 8, 2023 PLANNING COMMISSION MEETING OF February 21, 2023 Plan Title: Tidal Wave Auto Spa at 245 North DuPont Highway, S-23-05 Plan Type: Site Development Plan Lot Consolidation Plan Location: Northeast of the intersection of North DuPont Highway and White Oak Road Address: Two (2) Parcels addressed as 245 North DuPont Highway, Dover DE Tax Parcel: ED-05-068.18-01-12.00-000 ED-05-068.18-01-13.00-000 Owner: TWAS Properties LLC Lot Size: Existing Parcel A: not provided Existing Parcel B: not provided Total Both Parcels: 2.15 +/- acres (88,718 SF) Total Both Parcels (after ROW dedication): 2.04 +/- acres Zoning: C-4 (Highway Commercial Zone) Present Use: Unoccupied (Previous use: Retail Building with drive-thru) Proposed Use: Car Wash (Service Establishment) Proposed Building Area: Carwash: 3,690 SF Canopy 1: not provided Canopy 2: not provided Off Street Parking: Required – 13 spaces Proposed – 41 spaces (34 Vacuum Station Parking Spaces) Sewer & Water: City of Dover Waivers Requested: None P. O. Box 475 Dover, DE 19903 65 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: February 8, 2023 APPLICATION: Tidal Wave Auto Spa at 245 North DuPont Highway FILE #: S-23-05 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for review of a Site Development Plan Application and associated Lot Consolidation Plan Application for two (2) parcels totaling 2.15 +/- acres at 245 North DuPont Highway. The Plan is to permit construction of a 3,690 SF Car Wash facility, 24 vacuum spaces, and associated site improvements. The properties are zoned C-4 (Highway Commercial Zone). The parcels consist of a total of 2.15 +/- acres and is located on the northeastern corner of N. Dupont Highway and White Oak Road. The owner of record is TWAS Properties LLC. Property Addresses: 245 and 243 N Dupont Highway. Tax Parcel IDs: ED-05-068.18-01-13.00-000 and ED-05-068.18-01-12.00-000. II. PROJECT DESCRIPTION The subject properties were most recently used as retail (Rite Aid Pharmacy); however, this previous use has ceased, and the existing building is currently vacant. The subject site is currently comprised of two (2) parcels totaling 2.15 +/- acres in total, and the Plans submitted indicate that the Applicant is to consolidate the properties into one single parcel. The project proposes demolition of the existing retail building. This would allow then for the construction a new one- story 3,690 SF building to be utilized as the new Car Wash Facility as well as other site features. The Plans indicate that there are to be two (2) additional structures to the east of the proposed main building to be built. These are both to be structures to cover the thirty-four (34) Vacuum Stations proposed. With one structure providing cover to twenty-four (24) spaces to the south, and ten (10) spaces to the north, both running perpendicular to the proposed main building to the west. Surrounding Land Uses: Immediately abutting this property to the north and east are further properties also zoned C-4 (Highway Commercial Zone) containing a mix of retail uses. It is noted that these properties appear to share access drives and parking, and the Applicant has noted the existence of some easements to that effect. Across White Oak Road to the south and west of the subject site are properties also zoned C-4 and containing a mix of commercial uses as well as two single-family homes which are legal non-conforming as they were developed prior to the current zoning regulations. Across White Oak Road from the subject site to the south and east are more single-family homes on properties zoned R-7 (One-Family Residence Zone). Across North DuPont Highway to the west are properties 66

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 2 again zoned C-4, and containing a Restaurant (Dunkin Donuts), as well as another Car Wash Facility (Race Track Car Wash), and a Motel (Superlodge). III. ZONING REVIEW C-4 (Highway Commercial Zone) The C-4 Zoning District in the City of Dover permits the following: retail stores; business, professional, and government offices; restaurants; personal service establishments; service establishments; hotels and motels; places of public assembly; bus terminals; wholesale, storage, warehousing, and distribution establishments; indoor or outdoor recreation and amusement establishments; hospitals and medical centers; drive-throughs; motor vehicle, boat, or farm equipment service stations subject to conditions; manufacturing with less than 25 employees; and mini-storage facilities. Permitted conditionally subject to Conditional Use approval by the Planning Commission: apartments and multi-family dwellings; crematories subject to conditions. See City of Dover Zoning Ordinance, Article 3 Section 16 for more details on the C-4 zoning district. The use of a Car Wash Facility is considered a service establishment, which is a permitted use in the C-4 Zoning District. IV. PARKING SUMMARY The parking requirement for a building within the C-4 zone is one parking space per 300 SF of floor area, or one per every employee, whichever is greater. Based on floor area of 3,690 SF the facility would require thirteen (13) parking spaces. The plan appears to show a total of forty-one (41) parking spaces. This includes thirty-four (34) parking spaces with vacuum service equipment. There are also two (2) ADA vehicle parking spaces immediately abutting the proposed building to the east. Five (5) vehicle parking spaces are shown to the north of the site, accessed by the shared access-drive which runs along the north property line. The Plan identifies these as being intended as employee parking. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by 41 parking spaces, three bicycle parking spaces are required. Currently, none are shown on the Plans submitted but the applicant has stated that a bicycle parking rack will be provided. The Zoning Ordinance, Article 6 Section 3.10 does allow for the Applicant to request a Waiver from the requirements to provide bicycle parking from the Planning Commission, provided the Applicant can demonstrate that bicycle parking would not be appropriate for safety reasons or due to the nature of the use of the site V. SITE CONSIDERATIONS Access There are two points of existing vehicle access to the site from the adjacent shared circulation system. There is an existing shared access drive from North DuPont Highway. This provides access to a Drive Aisle which runs along the north property line of the subject site. There is an existing entrance to the parking areas existing on-site from this shared access drive, but this subject Application is proposing moving this entrance from the west end (closer to North DuPont Highway) to further east. There is another two-way entrance existing at the southeast corner of the site which currently provides vehicle access to the adjacent property immediately to the east of the subject site. No change is proposed to this vehicle access point. 67

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 3 The new location of the vehicle access point along the north access drive provides connection to the drive thru lanes where vehicles may cue for the drive-thru car wash. The vehicle access point at the southeast corner of the project site which in turn provides access from the adjacent property to the east. There is a one-way drive-aisle which runs parallel to the east property line (south to north) which connects the two access points. This Drive Aisle along the east property line provides access to the vehicle parking and vacuum stations located internal to the site via a two-way drive aisle which encompasses these facilities. There is otherwise no direct connection from either North DuPont Highway or White Oak Road to the drive aisles or parking areas internal to the site. Sidewalks Sidewalks are required along all street frontages (Zoning Ordinance, Article 5 §18). The plan shows an existing sidewalk along the North DuPont Highway frontage, which is to be removed. In its place, the Applicant is proposing a new 5-foot wide sidewalk, which appears to include a sidewalk connection into the site. The Applicant is similarly proposing to replace the existing sidewalk along the White Oak Road frontage to the south with a 5-foot wide sidewalk, which in turn also is showing a sidewalk connection onto the site. While there is a connection from the sidewalks along both the North DuPont Highway and White Oak Road frontages shown, these sidewalks are connecting to vehicle only infrastructure on-site without any paths identified for pedestrians to access the proposed building, parking areas or other site features. There is an existing sidewalks connection off North DuPont Highway along the north property line, providing pedestrian access to the properties to the east of the subject Site. This sidewalk is to be removed, with a new sidewalk connection off North DuPont Highway that would connect to where vehicles would cue to enter the Car Wash. It appears to be at the widest point of these drive-aisles, where vehicle would have to turn and there is a concern about visibility here. There is also no pedestrian crossing shown across the drive aisle, but it does appear that a pathway for this sidewalk to again connect to the east property lines exists; however, it is shown to cross the drive aisle a total of three (3) times before making said connection. The sidewalk connecting from the White Oak Road frontage from the south similarly connects to a drive aisle but has no pedestrian path clearly visible connecting from this point to any of the on-site features. This sidewalk connects at a point where vehicles exit the Car Wash and two drive aisles connect, being an area of heavy vehicle traffic. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. The Lighting scheme has been shown on Plan Sheet C-301. Dumpsters There is not a specific Dumpster requirement for this type of use. A Dumpster enclosure is proposed off the drive aisle which runs parallel to the east property line, as shown in the site Plan (Plan Sheet C-301). The number of dumpsters to be contained are not identified, nor is the method of trash collection. 68

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 4 Some details are provided in the Elevation Drawing submitted in conjunction with the Site Plan. This appears to indicate that the overall aesthetic of the exterior of the Dumpster Enclosure is in keeping with the overall design of the main building (Carwash). Both the Elevation Plan Sheet and Site Plan Sheet note that the presence of a smaller gate providing access to what appears to be a short series of ascending steps within the Dumpster Enclosure. Curbing The upright curbing for the parking lots and drive aisles are subject to the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. The Applicant appears to show curbing along all paved areas throughout the site, however no details of the curbing have been provided. Such details will need to be provided to determine if the curbing height is in compliance. VI. BUILDING ARCHITECTURE The Plan submission includes Elevation Drawings. These color drawings depict all four elevations of the proposed 1-story Car Wash Facility building and identifies the materials proposed. The Building overall appears to be comprised primarily of glass walls, with certain facades containing flat surfaces painted in a dark gray. These are accented by the corners being covered in a light gray stone veneer in the upper areas, and a watertable around the lower portions of the walls of a warmer brown stone veneer. The proposed building runs parallel to North DuPont Highway. The façade facing North DuPont Highway appears to be almost entirely composed of glass (with the exception of the stone veneer on the north and south corners) though the material which appears as glass is not explicitly identified under the Exterior Materials Legend. The building is capped by a gabled roof which is noted as being of a dark blue metal material. There is an Elevation Sheet containing a building layout and two Elevation Drawings of the proposed roof structure over the (24) Vacuum Stations proposed running parallel to White Oak Road. This structure is open on all four sides and shows a series of dark metal beams supporting a blue metal roof similar to that of the main building to the west. The Site Plan notes this canopy structure sheltering 24 total stations (12 along both the south and north sides of the structure), with an enclosed space to the west end to contain some of the vacuum equipment. The elevations do not depict any of the Vacuum Equipment, nor the enclosed space towards the west end of the canopy The Elevation Drawings also appear to only show 11 spaces on either side (22 total). No information is provided for the additional covered parking area for the ten (10) Vacuum Stations to the north shown on the Site Plan, but it may be similar to the main Vacuum Canopy depicted. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan set includes a concept for the Landscaping Plan (Sheet C-701). The Stated development area is 2.04 +/- acres (88,718 SF), which would require thirty (30) trees to meet the tree density requirements. However, the Site Overall appears to be 2.15 +/- acres, which coincides with the Plans’ stated “Area of Disturbance.” 2.15 +/- acres would equate to roughly 93,654 SF, which would require a total number of thirty-two (32) trees to be planted. The Applicant must clarify the Lot Area overall (in both acreage and square feet) to verify the total number of tree plantings required. The Landscape Plan submitted with their overall submission (Sheet C-701) which identifies (32) 69

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 5 trees proposed and a variety of other shrubs and ornamental plants. They have provided four (4) different Shade Tree types including Red Maple, Willow and Red Oak, and Kentucky Coffee Trees. These Trees are shown largely around the perimeter of the Site, as well as along the perimeter of the stormwater pond. The Plan further notes a variety of ornamental trees, deciduous shrubs, and evergreen shrubs. These are all shown largely around the perimeter of the Site. Arterial Street Buffer Requirements The Zoning Ordinance, Article 5 Section 7.3 requires that where a nonresidential zoned property fronts on a principal arterial street, a landscape buffer shall be required in addition to normal landscaping of the street right-of-way. Article 5, Section 7.31 further addresses the landscaping requirements of this buffer by noting that, at the time of development of the property, the arterial street buffer shall be planted with a variety of trees, shrubs and ground cover. The landscape design and planting plan for these arterial street buffers shall be subject to the approval of the planning commission as an integral part of the site development plan. The Site Plan submitted notes on the Landscape Plan (Plan Sheet C-701) that a 30-foot Arterial Street Buffer shows is to be implemented. This area appears to contain four (4) Red Oak shade trees, as well as a series of evergreen shrubs. Parking Lot Landscape Requirements The Zoning Ordinance Article 5 Section 7.23 requires that whenever a Parking Lot is located across the street from a residential use, it shall be screened from view of such land by a thick hedge located along a line drawn parallel to the street. Across White Oak Road to the south of the subject site is a series of properties zoned R-7 (One-Family Detached Dwelling Units) containing single family homes which are part of the Edge Hill neighborhood. The Applicant has shown that a row of evergreen shrubs is to be planted along the south property line (White Oak Road frontage). Interspersed with Red Maple Trees. The existing fence along this frontage appears to be removed with this redevelopment plan. The Site Layout does not show parking to be located along the south frontage of the site facing White Oak Road. Instead, the Plans show a drive aisle running along the White Oak Road frontage of the Site, accessing parking spaces for the Vacuum Stations immediately to the north of the drive aisle. These vehicle parking spaces face north, away from the houses across White Oak Road to the south. 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) Bicycle Parking is required to be provided at a rate of one (1) space for every twenty (20) vehicle parking spaces. The Plans must show where these facilities are to be located and must provide details as to the method thereof. 70

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 6 2) The Site currently consists of two (2) separate parcels. Ensure that all information provided regarding current conditions reflects this. 3) A separate Record Plan Sheet will need to be provided that addresses the proposed Lot Consolidation and any other Easements or other such features requiring recordation with the Kent County Recorder of Deeds. 4) For ease of reference, assign each of the existing Lots a common reference (“A” and “B”). 5) Clarify the Lot specifications. The Cover Sheet under “General Notes” does not provide information specific to either of the Lots. As such, there is a note on the “Min. Lot Area” being 2.04 +/- acres (88,718 SF), and then another note stating “Acreage of Proposed Disturbance: 2.15 acres +/-.” 6) Clarify the Elevation Drawings. Not all materials are identified. No information is provided on what appears to be the glass/ windows, especially those which appear to comprise the bulk of the west façade facing North DuPont Highway. This feature is identified with “T2” on the Drawing, but “T2” is not provided in the Materials Legend. Identify this material, clarify the color, and verify that these are to be windows. Also clarify as to how opaque or not this is to be, as this would expose the internal workings of the Car Wash. Similarly, what appears to be windows under the gable on the east façade is identified as “G3,” but there is no “G3” in the Legend. Lastly, the Legend notes materials “GL-1” and “GL-2,” but these do not appear to be shown on the Elevation Drawings. Clarify too the Building Materials and Colors and ensure that the information is consistent throughout. Sheet G100 of the Elevation Drawings shows Building Surface identified as “PT-1” being of a dark gray on the Elevation Drawing itself, but the Materials Legend shows this as being a light tan color “Quinoa.” 7) Clarify the Discrepancy between the Elevation Drawings submitted depicting one Canopy structure for 22 vacuum stations (11 on each side), as no such Canopy is shown on the Site Plan. The site Plan depicts 1 double-sided Canopy structure for 24 stations (12 on each side) with an enclosed space to the west end for equipment. There is also one Canopy structure to the north for 10 total Vacuum Stations. 8) All dumpster enclosures must be constructed of durable materials that will withstand the normal wear expected during trash removal. If the dumpster is within view of a public right of way it the appearance of the dumpster enclosure should complement the architecture of the principal building on the lot (Zoning Ordinance, Article 5, Section 6). Please clarify the construction details of the dumpster enclosure. 9) Since there is the presence of a dumpster enclosure on the plans it is under our assumption that the trash collection will be private. Please verify this with a note on the plans. 10) City of Dover Zoning Ordinance, Article 6, Section 3 requires curb height to be six inches in all permanent parking areas. Please clarify the height of the curbing shown on the plans. 71

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 7 11) Provide details on the Vacuum stations, noting the scale and location of the units. This should be done to convey that the Vehicle Parking Spaces do not impede the minimum 9’ x 18’ required for a vehicle parking space. 12) The tree density required is 1 tree per 3,000 SF of development area or fraction thereof (Zoning Ordinance, Article 5 Section 16.62). The development area of the Site appears to be incorrectly noted as 2.08 +/- acres, which is believed to only reference one of the two parcels. The site overall appears to be a combined 2.15 +/- acres. Confirm the area of Site overall (including both parcels) and provide their area in both acreage as well as square footage to confirm the tree planting calculations. 13) Cover Sheet (C-101): a. General Notes i. Note all of the Bulk Standards for the C-4 (Highway Commercial Zone) as found in Article 4, Section 4.15 of the Zoning Ordinance. Specify if the Bulk Standards noted are for the existing conditions, existing conditions per Lot, or proposed. It is noted that the side yard setback Provided of 244.3 feet appears to not account for the Canopies (roofed areas) over the Vacuum Stations. Adjust the Side Yard Setback figure accordingly. ii. Note the Lot Area of each existing Parcel, as well as the Area of the Subject Site Overall. Provide both in acreage and square footage. iii. Clarify the “Acreage of Proposed Disturbance, as this figure is greater than the actual Lot Area provided. iv. Correct the Vehicle Parking Space Calculations. The minimum number of Vehicle Parking Spaces required is thirteen (13), not 12. v. Provide the Tree Planting Calculations, ensuring this is determined based on the Site overall. vi. Note the Bicycle Parking Requirements. vii. Clarify the Note Referencing “Open Space: N/A.” viii. Note the current Lot Coverage figures. ix. Provide the Dumpster calculations, as well as identifying the method of Trash collection. 14) Site Plan (C-301): a. Clearly mark pedestrian crossing points. b. Show where any Vacuum equipment is to be located, ensuring that such equipment does not conflict with the required minimum vehicle parking area of 9’x 18’. c. Include a note that no tree planting shall be closer than 10 feet from any utility lines. 15) Signs are subject to a separate Sign Permit Review and approval process in the City of Dover. 16) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by the Kent Conservation District must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and 72

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 8 technical review requirements of other agencies. 17) The Final Plan set must include notes documenting any action taken by the Planning Commission on the requested waivers and must list any additional conditions of approval. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development 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 2.21 to 2.28. 1) Sidewalks: Both sidewalks providing pedestrian access to the site from North DuPont Highway and White Oak Road facilitate pedestrian traffic into awkward, potentially dangerous vehicle-oriented infrastructure. The north sidewalk connection currently is shown to connect directly into the drive aisle where cars queue for the car Wash. This sidewalk does not provide access to the proposed building or other site features, but rather crosses the north drive aisle three (3) times before connecting to sidewalks connecting to the properties to the east. The Applicant should look to reorganize the layout to ensure that pedestrian crossings are minimized, and that they cross at the narrowest possible points and in a manner to ensure visibility is not impeded. Similarly, the south sidewalk connection off White Oak Road, connects onto the subject site at an awkward point where several vehicle pathways converge, and then offers no defined pathway further into the site. This southern sidewalk connection should be relocated to minimize interaction between pedestrians and vehicles. Both sidewalk connection should be laid out in a manner to convey pedestrians with as little interaction with vehicle traffic as possible. Sidewalk connections should also clearly identify connection point to the main building, parking spaces, and other such Site features. The Plans should also clearly mark these links by ensuring that pedestrian crossings are clearly marked at drive aisles. X. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event that major changes and revisions to the Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations regarding the plan. 2) If there are changes to the architecture, building footprint, layout or square footage of the 73

Item 4. S-23-05 Tidal Wave Auto Spa at 245 N. DuPont Highway DAC Report of February 8, 2023 Page 9 building contact the Planning Office. These changes may require review by the Planning Commission. 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) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 5) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 7) Construction may have an effect on the adjacent property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 8) The applicant shall be aware that 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 may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 9) The applicant shall be aware that 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. 10) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. 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. 74

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 1, 2023 APPLICATION: Tidal Wave Auto Spa at 245 N. Dupont Highway FILE #: S-23-05 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services 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 SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2), 90-gallong recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District / DNREC is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. The stormwater infrastructure proposed for this project shall be privately maintained. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. WATER 75

Item 4. Tidal Wave Auto Spa at 245 N. Dupont Highway File #: S-23-05 February 1, 2023 Page 2 of 4 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Water services shall be either type K copper or SDR-9. 8. On October 24, 2022, City of Dover Council approved the new Cross Connection Control Program. This program requires certain backflow prevention assemblies on water service connections to the city’s distribution system. This project will require a double check valve assembly to be installed downstream of the water meter in the building. 9. Please provide a detailed plan on the water circulation plan for the car wash. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, 76

Item 4. Tidal Wave Auto Spa at 245 N. Dupont Highway File #: S-23-05 February 1, 2023 Page 3 of 4 uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. 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. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. Sanitary sewer laterals shall be connected directly to the main, not manholes, unless impracticable, as determined by the Department of Water & Wastewater. 8. The proposed twenty-foot (20’) easement shall not have any structure within its boundary. 9. Please provide hydraulic calculations that the proposed force main relocation will not interfere with proper operations of the upstream pump station. 10. Please provide a plan to allow the force main flow to be diverted during the proposed re-alignment. 11. As the City of Dover is a contract user of the Kent County Regional Resource Recovery Facility, an approval of the effluent makeup will be required from Kent County prior to final approval. 12. Please make the sanitary sewer connection directly to the main, not to the manhole, as outlined in the Water / Wastewater Handbook. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 77

Item 4. Tidal Wave Auto Spa at 245 N. Dupont Highway File #: S-23-05 February 1, 2023 Page 4 of 4 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Wastewater impact fees may be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. SANITATION / STORMWATER / STREETS 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 . 78

Item 4. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEB 1, 2023 APPLICATION: Tidal Wave Auto Spa at 245 N. Dupont Highway FILE #: S-23-05 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Operations Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 79

Item 4. Tidal Wave Auto Spa at 245 N. Dupont Highway File #: S-23-05 Feb 1, 2023 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets if the new load requirements will change as soon as possible to verify 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. 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 . 80

C F S-23-05 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: 02/01/23 D S O H V A E L R APPLICATION: Tidal Wave Auto Spa at 245 N DuPont Hwy FILE #: S-23-05 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 business. 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 30% (15% if sprinklered) and clearly shown on the plans. Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of two or more stories, 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) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 81

Item 4. 5. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 6. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 7. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. City Ordinance Sec 46-9 (f). 5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal. This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be provided when the State Fire Marshal deems it necessary based on the configuration of the site, building(s), exposures, construction, occupancy, and/or specific hazard(s). Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached dwellings, other residential, rowhouses and townhouses, assembly, health care, business, education, storage, industrial, mercantile, and mini storage. (702, Chapter 6) 8. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 9. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 10. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 11. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements. 82

Item 4. 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 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) 12. 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. 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) 13. 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. 83

Item 4. 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) 14. TBD 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) 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. 84

Item 4. 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 15. 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 16. Project to be completed per approved Site Plan. 17. Full building and fire plan review is required. 18. 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. 19. Construction or renovations cannot be started until building plans are approved. 20. 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. 21. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 22. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 85

Item 4. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Need to discuss current hydrant locations and if they ae adequate for this building. 2. Need to confirm proper turning radius for emergency apparatus 3. Ensure that e demo permit is obtained prior to any demolition 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. 86

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Tidal Wave Auto Spa at 245 N. Dupont Highway FILE#: S-23-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Johnson PHONE#: 302-760-2141 =============================================================== 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 held a coordination meeting with the applicants on December 15, 2022. DelDOT anticipates this project will follow the standard Record Plan/Entrance Plan process. 87

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 FEBRUARY 2023 APPLICATION: Tidal Wave Auto Spa at 245 N Dupont Highway FILE #: S-23-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: 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: 1. A detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed application are due at the time of plan submittal to the District’s office. 2. A pre-application meeting is required. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, or delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. Proposed facility must account for drainage areas managed by the existing dry pond facility and be designed according to the 2019 DSSR. 2. There is more than one existing stormwater facilities near the site that may be impacted. Site plan is to show all existing stormwater facilities on adjacent parcels. 3. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 88

Item 4. GENERAL NOTES THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN TM 1. TAX MAP PARCEL NO.: 2-05-068.18-01-12.00 AND 2-05-068.18-01-13.00 2. OWNER OF RECORD: SITE CIVIL AND CONSULTING ENGINEERING TWAS PROPERTIES LLC 115 E MAIN ST. THOMASTON, GA 10286 LAND SURVEYING "E PARCEL NO. 2-05-06818-01-57 3. DEVELOPER/APPLICANT: °2 6'54 AUTHORIZATION FROM BOHLER. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES NEW POTATO CREEK HOLDING, LLC N69 9.50' PROGRAM MANAGEMENT 2 W E NAD83 NAD83 S C/O PJ LAND DEVELOPMENT, LLC 71 CAROLYN BOULEVARD W FARMINGDALE, NY 11735 LANDSCAPE ARCHITECTURE CONTACT: MIKE MCGRATH PHONE: 631-449-3791 30a 30b SUSTAINABLE DESIGN 4. ENGINEER: BOHLER 18958 COASTAL HIGHWAY, SUITE D N69 REHOBOTH BEACH, DE 19971 PERMITTING SERVICES °26' © BOHLER NA 50.8 54"E N6 D8 CONTACT: JUSTIN WITTERS, E.I.T. E 3 NA D8 8' 9°26 PHONE: 302-644-1155 251.87' S LOD 3 '5 17 30a 30b LOD LOD LOD 29.5 4"E LOD LOD TRANSPORTATION SERVICES LOD LOD 0' N49°22'38"E LOD LOD LOD LOD LOD LOD LOD 5. ZONING: LOD LOD LOD LOD EXIST. PARKING TO REMAIN (EMPLOYEE A. EXISTING: C-4 (HIGHWAY COMMERCIAL) 1 B. PROPOSED: C-4 (HIGHWAY COMMERCIAL) QR PARKING) LIMIT OF AREA TO 6. DATUM: BE MULCHED 10' REAR YARD SETBACK 28 A. HORIZONTAL DATUM IS NAD 83 AND BASED ON DB: 7129, PG. 159. SITE LOCATION MAP 29 30a 30b B. VERTICAL ELEVATIONS ARE BASED ON NAVD88. (N.T.S) LOD SOURCE: Google Imagery 2022 5 LOD 7. THE PROPERTY LINES AND TOPOGRAPHY SHOWN HEREON AREA TO BE SODDED 26 ARE BASED ON AN ALTA/NSPS LAND TITLE SURVEY BY RIDGE IGC 29 29 1 CONTROL POINT ASSOCIATES, INC., DATED 12/13/22. REVISIONS QR 10 8. LAND USE: LOD LIMIT OF AREA TO DRAWN BY EKM A. EXISTING: COMMERCIAL (RETAIL) REV DATE COMMENT BE MULCHED 3 3 1 CHECKED BY AR AR QR B. PROPOSED: COMMERCIAL (CAR WASH) LIMIT OF AREA TO 9. AREA REGULATIONS: SEE BULK REQUIREMENTS TABLE. BE MULCHED AREA TO BE SODDED LOD LOD 10. PARKING RATIONALE: 268.03' 30 A. REQUIRED PARKING: 1 PER 300SF OF FLOOR AREA 29 (3,690± SF) = 12 SPACES 4 PROP. CAN NOT WASH B. PROPOSED PARKING: 41 SPACES LOD QR LANE 28 LOD PROP. PAY N20 STATION 11. ACREAGE OF PROPOSED DISTURBANCE: 2.15± AC °32' 29 3 164 9"W 28 12. ALL ONSITE SOILS ARE Up - URBAN LAND R=1972.23' W RIDGE .93' Δ=005°53'16" 27 LOD LOD L=202.67' 1 26 AREA TO BE AC CHB=N19°58'05"W CHD=202.58' SODDED 1 PROP. SWM AREA CITY OF DOVER LANDSCAPE REQUIREMENTS 3 LOD W AR LOD SECTION 7. SUPPLEMENTARY REGULATIONS APPYLING TO ALL NON-RESIDENTIAL E1 ZONES: 5 QPH N/A 28 7.2 BUFFERING. 1 29 VISUAL AND SOUND SCREENING SHALL BE PROVIDED ON A NON-RESIDENTIAL USE W AC 26 WHEN ABUTTING A RESIDENTIAL USE. SCREENING SHALL CONSIST OF LANDSCAPING. LOD RO 27 LOD 7.3 BUFFERS ALONG ARTERIAL STREETS. 28 28 26 RIDGE WHERE A NONRESIDENTIAL ZONED PROPERTY FRONTS AN ARTERIAL STREET, A UT 27 V V LANDSCAPE BUFFER SHALL BE REQUIRED IN ADDITION TO NORMAL LANDSCAPING V V PARCEL NO. 2-05-06814-01-0100 15' SIDE YARD SETBACK V V OF THE STREET R.O.W. IN ALL NON-RESIDENTIAL ZONES. THESE BUFFER AREAS LOD RID SHALL BE A MINIMUM OF 30 FEET IN DEPTH, MEASURED FROM THE R.O.W. LINE, AND GE 10 LOD SHALL BE PLANTED WITH A VARIETY OF TREES, SHRUBS, AND GROUNDCOVER SO AS COMPLIES ARTICLE 5 TO CREATE A DISTINCTIVE AND CONSISTENT VISUAL CHARACTER OF THE ARTERIAL ALWAYS CALL 811 STREET. PROP. 146R COLD SUPPLEMENTARY It's fast. It's free. It's the law. U.S LOD TUNNEL BLDG. (±3,690 SF) REGULATIONS NOTE: BUFFERS ALONG ARTERIAL STREETS WERE REDUCED TO 20 FEET BY . LOD APPROVAL OF A WAIVER BY PLANNING COMMISSION WITH SITE PLAN S-16-02. SECTION 16. TREE PLANTING AND PRESERVATION: 16.62 TREE DENSITY. NOT APPROVED FOR CONSTRUCTION LOD ON EACH PROPERTY FOR WHICH A PLANTING PLAN IS REQUIRED, NEW TREES SHALL PROP. VACUUM PROP. TRASH ACK CANOPY ENCLOSURE BE PLANTED TO ATTAIN OR EXCEED A TREE DENSITY OF ONE (1) TREE PER 3,000 S.F. ETB OF LOT AREA. TREES TO MEET BUFFER REQUIREMENTS OR PARKING AREAS SHALL PROVIDED: ATE THIS DRAWING IS INTENDED FOR MUNICIPAL AND/OR AGENCY FMROW RD S AREA TO BE SODDED PARCEL NO. 2-05-06818-01-1300-0001 NOT BE COUNTED TOWARDS TREE DENSITY. 30 PROPOSED REVIEW AND APPROVAL. IT IS NOT INTENDED AS A CONSTRUCTION FM TREES DOCUMENT UNLESS INDICATED OTHERWISE. LOD N/F LANDS OF TIM T YA LIMIT OF REQUIRED: ER SL 28 TWAS PROPERTIES LLC LOD TOTAL LOT AREA: 88,718 +/- SF (AFTER DEDICATION) . UL AREA TO BE D.B. 12280, PG. 250 PROJECT No.: DEA220053.00 RON UFF MULCHED DRAWN BY: JSW PRO 20' F V 88,718 S.F. / 3,000 S.F. = 30 TREES** P DSC V V V CHECKED BY: DMK 3A0PE B FM V V DATE: 1/5/23 LOD FM V 2 CAD I.D.: PRLM - 0 SL LOD LANDSCAPE SCHEDULE S40°40'55"E 29 12 30' L AN RID PROJECT: FM 28 G E SYM. KEY QTY. BOTANICAL NAME COMMON NAME CAL. CONT. SPACING LOCATION RIDGE LOD FM SHADE TREES 56. 04' 62 RCW SL SITE DEVELOPMENT 2 1/2-3" CAL. / PLAN A AR 10 ACER RUBRUM RED MAPLE B+B PER PLANS PER PLANS G 12-14' HT. 32 12 LOD LOD FM S50°41'05"W G FM IGC FOR V V R=5790.50' 5.46' PARCEL NO. 2-05-06818-01-1200 SL V V GD 10 GYMNOCLADUS KENTUCKY 2 1/2-3" CAL. / B+B PER PLANS PER PLANS 001°09'37" N/F LANDS OF G V V V DIOCUS COFFEETREE 12-14' HT. TIDAL WAVE L=117.27' G CHB=N16°12'55"W 3"W TWAS PROPERTIES LLC D.B. 12280, PG. 250 FM FM 22 1 28 2 LOD QPH 5 QUERCUS PHELLOS WILLOW OAK 2 1/2-3" CAL. / B+B PER PLANS PER PLANS AUTO SPA CHD=117.27' 5'0 PROP. TRIPLE VACUUM ISLAND TO BE MULCHED 12-14' HT. SL SL SL SL SL SL JDP AR AR LO SL RE ENCLOSU SL SL 5°4 D AREA TO BE SODDED 10 N1 FM FM FM FM FM FM 26 30a 2 1/2-3" CAL. / 30 FM FM FM FM FM FM GD QR 7 QUERCUS RUBRA RED OAK B+B PER PLANS PER PLANS FM FM AREA TO BE SODDED FM FM FM FM SL LOD 12-14' HT. 52 IGC PROPOSED LIMIT OF AREA TO SUBTOTAL: 32 LOD BE MULCHED DEVELOPMENT SL 245 N DUPONT HIGHWAY 30a 30b ORNAMENTAL TREES 30a 30b CITY OF DOVER 30' LANDSCAPE BUFFER LOD AMELANCHIER MULTI STEM 1-1 1/2" CAL. / KENT COUNTY, DE 19901 AC 2 SHADBLOW B+B PER PLANS PER PLANS LOD 27 29 CANADENSIS SERVICEBERRY 8-10' HT. PARCEL #: 2-05-068.18-01-12.00 28 AND 2-05-068.18-01-13.00 DECIDUOUS SHRUBS PROP. EXIT 20' FRONT YARD SETBACK SL WASH LIGHT TPF RCW 62 ROSA 'CAREFREE CAREFREE WONDER 24" HT. 3 GAL. PER PLANS PER PLANS TPF TPF WONDER' ROSE LOD TPF TPF LOD TPF TPF LOD LOD EVERGREEN SHRUBS 29 TPF TPF P.O.B. S39°18'55"E TPF LOD LOD LOD D.B. 7129, PG.159 EUONYMUS MANHATTAN TPF LOD C:\PROGRAMDATA\BOHLER\C3D2020\TEMP\ACPUBLISH_20716\UNSAVED DRAWING2----->LAYOUT: C-701 - LANDSCAPE PLAN N39°30'45"W 5.00' LOD SL LOD EKM 10 KIAUTSCHOVICUS SPREADING 24-30" HT. #5 CAN PER PLANS PER PLANS 32.46' LOD LOD S50°41'05"W TREE PROTECTION FENCE TO 216.11' 18958 COASTAL HWY, SUITE D S50°29'15"W 5.00' 'MANHATTAN' EUONYMUS BE PROVIDED WITH / IN FINAL ILEX GLABRA DWARF INKBERRY REHOBOTH BEACH, DE 19971 S50°29'15"W 111.62' ENGINEERING PLANS IGC 110 'COMPACTA' HOLLY 24-30" HT. #5 CAN PER PLANS PER PLANS Phone: (302) 644-1155 LOD JUNIPERUS DAVURICA Fax: (302) 703-3173 LOD SL LOD JDP 22 'PARSONI' PARSON JUNIPER 15-18" SPRD. #3 CAN PER PLANS PER PLANS BohlerEngineering.com LOD LOD LOD LOD LOD LOD LOD LOD SUBTOTAL: 142 E.R. McWILLIAMS NOTE: IF ANY DISCREPANCIES OCCUR BETWEEN THE AMOUNTS SHOWN IN THE PLAN AND THE PLANT LIST, THE PLAN WILL DICTATE. M . K U D.M. KUKLISH D K LOD CENSE LOD SL LI I L V 13. BULK REQUIREMENTS: ALLOWED/REQUIRED PROVIDED I S D A 19a 01/06/2023 H:\16\DE160018\Drawings\Images\Signature_Page_1 (2).jpg H A. MIN. LOT AREA N/A 88,718± SF (2.04± AC)* 20 No.14522 B LOD SL LOD B. MIN. BUILDING SETBACK REGISTERED PROFESSIONAL LANDSCAPE ENGINEER ARCHITECT DELAWARE DELAWARE LICENSE LICENSE No.No. S1-0000502 14522 FRONT SETBACK (US ROUTE 13) R P RO 30' 30' MARYLAND LICENSE No.36224 FRONT SETBACK (WHITE OAK ROAD) 30' 62.1' VIRGINIA LICENSE No. 0402045209 D EE ES E L1/5/23 R E IN SIDE SETBACK (EAST) 15' 244.3' F AWA S IO G REAR SETBACK (NORTH) 10' 57.2' NA L E N C. PARKING REQUIREMENTS 1 SPACE PER 300 S.F. OF GFA SHEET TITLE: (3,690 GFA/300) = 12 OR 41 (2 ADA SPACES) OR 1 PER EMPLOYEE. (INCLUDING 5 EMPLOYEE (3 EMPLOYEES) = 3 SPACES) WHICHEVER CALCULATION RESULTS IN THE HIGHEST AMOUNT OF PARKING. 12 REQUIRED LANDSCAPE D. MIN. PARKING SPACE DIMENSIONS 9' x 18', 8' x 18' (ADA) 9' x 18', 8' x 19' (ADA) PLAN WHITE OAK ROAD E. MIN. DRIVE AISLE WIDTH 10' (ONE WAY) 20' (TWO WAY) 18' MIN. (ONE WAY) 24' MIN. (TWO WAY) SHEET NUMBER: C-701 F. MAX. BUILDING HEIGHT 75' OR 6 STORIES 24.0'± (1 STORY) G. OPEN SPACE N/A N/A 20 10 5 0 20 H. MAX. BUILDING COVERAGE/TOTAL IMPERVIOUS 75% 58.3±% (51,723± SF) . COVERAGE (% OF LOT) Jan 06, 2023 1"= 20' *NOTE: ALL AREAS LISTED ARE TAKEN AFTER DELDOT DEDICATION IS ACCOUNTED FOR JC ORG. DATE - 1/5/23 89

Item 4. 1 2 3 4 5 6 7 8 9 10 11 12 15" HIGH FACE-LIT CHANNEL LETTERS EXTERIOR MATERIAL LEGEND 3 2.1 2 1 5 3 2.1 2 2 2.1 3 1 ON PAINTED RACEWAY 19.01 SQ. FT. 2 2.1 3 4 5 ARCHITECT SNOW/ ICE MELT REFER TO EXTERIOR SIGN PACKAGE SNOW/ ICE MELT G1 GUARD; SCREW DOWN BEING FILED SEPARATELY FOR MORE GUARD; SCREW DOWN MARK ST-1 BAR OR FENCE STYLE INFORMATION. BAR OR FENCE STYLE ITEM SPLITFACE BLOCK VENEER T/ RIDGE MFR ECHELON / OLD CASTLE 120' - 0" 15" HIGH FACE-LIT CHANNEL LETTERS ON FINISH TAN (OAK) PT 1 PT 1 PAINTED RACEWAY 19.01 SQ. FT. REFER STYLE SPLITFACE RF 1 TO EXTERIOR SIGN PACKAGE BEING FILED 33 Walt Whitman Road, Suite 300A NOTES 8"H X 16"L X 4" (NOMINAL) SEPARATELY FOR MORE INFORMATION. RF 1 RF 1 Huntington Station, NY 11746 T: 631-683-5588 F: 631-683-5591 B/ ROOF TRUSS www.sblm.com 114' - 0" RF 1 5H RF 1 5H MARK ST-2 A601 A601 ITEM CAST STONE WATERTABLE J MFR BORAL J PROJECT FINISH WHITE PT 1 PT 1 ST 2 PT 1 STYLE - NOTES 7 5/8" H X 5 5/8" D X 4'-0" L MT 1 MT 1 MT 1 MT 1 MT 1 MT 1 WITH 45 DEGREE BEVEL AND DRIP ST 3 ST 3 ST 3 ST 3 ST 3 ST 3 ST 2 ST 2 ST 2 ST 2 ST 2 ST 2 5'-0" MARK ST-3 T/ CONC @ ST 1 3'-8" ST 1 ST 1 3'-8" ST 1 ST 1 3'-8" ST 1 ITEM THIN-SET STONE VENEER TUNNEL CAST IRON DOWNSPOUT MFR CENTURION STONE 100' - 0" BOOT, FIELD PAINT COLOR FINISH GRAY, RUST, TAN OHC 04 03 OHB 06 05 AS SELECTED BY OWNER, TIDAL WAVE AUTO SPA B1A PT 2 PT 2 B1 G1 PT 2 PT 2 STYLE KENTUCKY LEDGESTONE TYPICAL ALL DOWNSPOUTS PARCEL ID #: 068.18-01-12.00 & 13.00 NOTES - 245 N DUPONT HIGHWAY 2H SIDE ELEVATION - ENTRY 6H SIDE ELEVATION - ENTRY 8H SIDE ELEVATION - ENTRY 10H SIDE ELEVATION - EXIT CITY OF DOVER KENT COUNTY, DE 19901 G100 3/16" = 1'-0" G100 3/16" = 1'-0" G100 3/16" = 1'-0" G100 3/16" = 1'-0" H H CLIENT MARK PT-1 A A.1 B B.1 C D D.1 E F G E.1 H D.1 I J B.1 K K L PJ LAND DEVELOPMENT, LLC ITEM EXTERIOR PAINT 71 CAROLYN BOULEVARD MFR SHERWIN WILLIAMS FARMINGDALE, NY 11735 20" HIGH FACE-LIT CHANNEL LETTERS ON RACEWAY. SNOW/ ICE MELT FINISH SW 9102 QUINOA 33.78 SQ. FT. REFER TO EXTERIOR SIGN PACKAGE BEING GUARD; SCREW DOWN STYLE ELASTOMERIC BAR OR FENCE STYLE T/ RIDGE FILED SEPARATELY FOR MORE INFORMATION. NOTES LOUVERS & MISC. METAL ITEMS ON EIFS PROVIDE 120' - 0" CUSTOM COLOR EIFS TO MATCH PT-1 RF 1 RF 1 MARK PT-2 B/ ROOF TRUSS ITEM EXTERIOR PAINT MFR SHERWIN WILLIAMS 114' - 0" FINISH SW 2735 ROCKWEED STYLE METAL NOTES ALL HM DOORS AND G FRAMES G CONSULTANT STRUCTURAL MT 1 MT 1 HART GAUGLER + ASSOCIATES 12801 N. CENTRAL EXPRESSWAY, SUITE 1400 MARK PT-3 ST 3 ST 3 DALLAS, TX 75243 ITEM EXTERIOR PAINT 972.239.5111 MFR - ST 2 ST 2 FINISH - M.E.P. STYLE STEEL T/ CONC @ ST 1 3'-8" 3'-8" ST 1 ACERTUS CONSULTING GROUP, LLC NOTES ALL EXPOSED TUNNEL 14817 WEST 95TH STREET STRUCTURAL STEEL, LENEXA, KS 66215 TRUSSES, COLUMNS 100' - 0" 913.322.5150 OHH PT 3 OHG PT 3 OHF T2 T2 PT 3 T2 PT 3 T2 PT 3 T2 PT 3 T2 T2 PT 3 T1 CIVIL MARK SF-1 2F FRONT ELEVATION WEIHE ENGINEERS, INC. 10505 N COLLEGE AVENUE ITEM STOREFRONT G100 3/16" = 1'-0" INDIANAPOLIS, INDIANA 46280 MFR KAWNEER 317.846.6611 F FINISH BRONZE F STYLE SMOOTH L K J I H G.1 G F 4'-10" HIGH CABINET SIGN. D.1 D C B.1 B A.1 A NOTES STOREFRONT FRAMES +/- 41 SQ. FT. REFER TO SNOW/ ICE MELT EXTERIOR SIGN PACKAGE SNOW/ ICE MELT GUARD; SCREW DOWN G3 GUARD; SCREW DOWN BEING FILED SEPARATELY T/ RIDGE BAR OR FENCE STYLE FOR MORE INFORMATION. BAR OR FENCE STYLE 120' - 0" MARK RF-1 ITEM METAL ROOF R-PANELS MFR BERRIDGE RF 1 RF 1 FINISH ROYAL BLUE STYLE PRE-FINISHED B/ ROOF TRUSS NOTES PRE-FINISHED METAL 114' - 0" ROOF & ACCESSORIES E MARK MT-1 E SEAL ITEM METAL ROOF L-PANEL MFR BERRIDGE MT 1 MT 1 FINISH ROYAL BLUE STYLE PRE-FINISHED, SMOOTH ST 3 ST 3 NOTES PRE-FINISHED METAL TRIM, SOFFIT & ACCESSORIES ST 2 ST 2 PERFORATED WHERE INDICATED T/ CONC @ ST 1 3'-8" 3'-8" 3'-8" 3'-8" ST 1 TUNNEL 100' - 0" MARK GL-1 T1 PT 3 T2 PT 3 T2 09A T2A PT 1 ST 2 ST 3 ST 1 CT CABINET SF3 PT 3 OHE OHD 09 01 SF1 ITEM INSULATED GLAZING MFR KAWNEER FINISH CLEAR 2D REAR ELEVATION STYLE SMOOTH G100 3/16" = 1'-0" NOTES STOREFRONT GLAZING L K J I H G F E D.1 D C B A D D PROJECT REVISIONS 2F 2F ISSUED: 01/06/2023 G100 G100 MARK GL-2 REVISED: ITEM INSULATED GLAZING # DATE DESCRIPTION MFR KAWNEER 1 - 01-06-23 COLOR ELEVATIONS FINISH SPANDREL STYLE SMOOTH NOTES STOREFRONT GLAZING 10H 2H NOTE: G100 G100 WASH ENTRY ALL GROUND AND ROOF-MOUNTED TUNNEL 102 MECHANICAL UNITS WILL BE 103 C C COMPLETELY SCREENED FROM VIEW FROM ADJACENT PROPERTIES AND RIGHTS OF WAY. 2 2.1 OPERATOR 101 MECHANICAL PROJECT INFORMATION RR ROOM 104 105 TIDAL WAVE AUTO SPA ADDRESS: 245 N DUPONT HIGHWAY 4 CITY OF DOVER KENT COUNTY, DE 19901 B B PROJ. NO: TWC023 DRAWN BY: PMO CHECKED BY: ERT EQUIPMENT ELECTRICAL A.1 SHEET SIZE: 30" x 42" ROOM ROOM 106 107 6H 8H G100 G100 SHEET TITLE & NUMBER PRIMARY BUILDING 2D 5 2D COLOR ELEVATIONS G100 G100 A 2A G100 PRIMARY BUILDING - FLOOR PLAN 3/16" = 1'-0" A G100 1 2 3 4 5 6 7 8 9 10 11 12 Copyright 2022 SBLM 90

Item 4. Email from Jason Lyon noting that projected demand is acceptable to City infrastructure_3-3-2023 Good Afternoon David, Thank you for the information, after reviewing our system, both the water and wastewater utilities have capacity to provide and accept your demand. If you have any questions, please let me know. Sincerely, Jason A. Lyon, P.E. Director of Water & Wastewater / Engineering Services City of Dover Department of Water & Wastewater P.O. Box 475 Dover, DE 19903 p: 302.736.7025 d: 302.674.7545 f: 302.736.7092 e: jlyon@dover.de.us https://www.cityofdover.com/WaterandWastewater 91

Item 5. City of Dover PETITION TO ANNEX AND REZONE PROPERTY Development Advisory Committee Meeting of March 8, 2023 Public Hearing Before Planning Commission on March 20, 2023 File Number: AX-23-02 Ordinance Number: 2023-23 Applicant/Owner of Christina L. Kelleher Record: Property Address: 273 Acorn Lane, Dover DE Tax Parcel ID #: ED-00-068.19-01-13.00-000 Lot Size: 0.611 acres (26,615.16 SF) Present Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) 2019 Comprehensive Category 1: High Priority Annexation Areas Plan Designation: 2019 Comprehensive Residential Medium Density Plan Land Use Category: Present Use: Single Family Dwelling Proposed Use: Single Family Dwelling Utility Availability: Electric: 273 Acorn Lane is currently served by City of Dover Electric. With any future redevelopment of the property, the electric service needs will be evaluated. The property owner will be responsible for any and all costs associated with the changes of electrical service needs related to any future redevelopment including extending and providing service upgrades to the proposed property. Water and Sanitary Sewer: 273 Acorn Lane is not served by City of Dover Water. 273 Acorn Lane is not served by Sanitary Sewer. The property owner has contacted the Department about the possible connection to these services. Water and Sanitary Sewer are available to this property. The property owner is 92

Item 5. responsible for any and all costs associated with changes to service needs for property including extending and providing service upgrades to the existing dwelling on the property, this will include an assessment of $40 per front foot of the property for sanitary sewer, which shall be paid by the property owner prior to connection. This may include tapping the sanitary sewer and water mains, connection to the building for both utilities, purchasing appropriately sized water meter and pit, paying impact fees, and obtaining permits. Staff Recommendation The Electric Department has no objection to the annexation. for AX-23-02: The Department of Water and Wastewater has no objection to the annexation. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 93

Item 5. City of CITY OF DOVER Dover Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 8, 2023 APPLICATION: Annexation of Lands of Christine Kelleher at 273 Acorn Lane FILE #: AX-23-02 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Katherine Oehmke, Planner I And Dawn Melson-Williams, AICP, Principal Planner PHONE #: (302) 736-7196 I. APPLICATION SUMMARY This application is for Review of an Annexation Request and Rezoning Request for a parcel of land totaling 0.611 acres+/- located at 273 Acorn Lane. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The proposed Zoning is R-8 (One Family Residence Zone). The property is located on the west side of Acorn Lane between Revolutionary Boulevard and South Hancock Avenue. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Medium Density. The property owner is Christina L. Kelleher. Property Address: 273 Acorn Lane. Tax Parcel: ED-00-068.19-01-13.00-000. Proposed Council District 3. Ordinance #2023-02. Existing Property The property is located on the west side of Acorn Lane and between Revolutionary Boulevard and South Hancock Avenue. The current boundary of the City of Dover surrounds the parcel on one side to the north. The property includes an existing single-family detached dwelling. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. Surrounding Land Uses To the west and southwest, the property is surrounded by single-family dwellings on similar sized lots zoned RS-1 located in the Kent County. Directly to the south is a vacant lot zoned RS-1 with Kent County. Across Acorn Lane is the residential subdivision of Patriot Village which is zoned RM-1 (Medium Density Residence Zone) and includes a series of single family detached dwelling flanking the entrance road of Revolutionary Boulevard with townhouse units deeper in the development. To the southwest across Acorn Lane is another residential subdivision known as Independence Village where properties are zoned R-8 (One Family Residence Zone) and single family detached dwellings. II. COMPREHENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides 94

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 2 these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The 2019 Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use Classification for this property to be Residential Medium Density. The goals and recommendations for the Residential Medium Density Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Residential Land Uses To develop and maintain an adequate supply of housing of varying type, size, and densities that are aesthetically pleasing and located within neighborhoods designed or redesigned to promote convenience, conservation, and access to the greater community, but which are properly buffered through distance and landscaping from incompatible land uses. Policies: Residential Land Uses • Allow flexibility in housing styles and types while regulating gross density within residential developments. • Require linkage streets and sidewalks between adjoining residential subdivisions and street right-of way stubs to adjoining vacant developable land. • Encourage the separation of residential areas from incompatible uses through buffering distances and the use of transitional zoning categories. • Encourage high density residential development in infill areas that are near essential services, public transit, and employment opportunities. • Permit limited compatible neighborhood commercial uses that support surrounding residences within residential areas. The following is an excerpt from the 2019 Comprehensive Plan regarding Residential Medium Density Land Uses (page 12-4): Page | 2 95

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 3 Recommendation for Residential Medium Density Residential Medium Density land uses involve a maximum gross density of eight (8) dwelling units per acre. This type of development may include single family houses on smaller lots, duplexes, townhouses, and some apartments. Some Manufactured Home Park developments would also be considered Residential Medium Density. Medium density residential uses are permitted in the following zoning districts: R-8 (One Family Residence Zone), R-7 (One Family Residence Zone), RM-1 (Medium Density Residence Zone), RM- 2 (Medium Density Residence Zone) planned to reflect the historic patterns and mix of land uses common to Dover’s early development, RG-1 (General Residence Zone), RG-2 (General Residence Zone), RG-3 (Group Housing Zone), RGO (General Residence and Office Zone), and MH (Manufactured Housing Zone). The Land Development Plan recommends that Residential Medium Density uses be permitted near existing and planned service and employment centers and in locations well supported by transportation infrastructure and mass transit services. Areas identified as Medium Density Residential can be looked at as potential receiving areas under a transfer of development rights program. Areas in the northern portion of the City are appropriate for Residential Medium Density development. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Residential Medium Density. R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) III. ZONING REVIEW Request for R-8 (One Family Residence Zone) The applicant has requested the zoning of R-8 (One Family Residence Zone). The types of permitted uses in the R-8 (One Family Residence Zone) are given in Article 3 §1 of the Zoning Ordinance and referenced sections. See the following Code excerpt: Page | 3 96

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 4 Article 3 Section 1. – One Family Residence zone [(R-20, R-15, R-10, R-8, R-7)]. 1.1 Uses permitted. In a one-family residence R-20, R-15, R-10, R-8 and R-7 zones, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof, provided no building is erected and signs conform with article 5, section 4. 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds, subject to approval of site plans by the planning commission in accordance with article 10, section 2. 1.14 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 and to any specified requirements set forth below: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Child day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. (b) Railroad and public utility rights-of-way and structures necessary to serve areas within the city, subject to such conditions as the planning commission may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (c) Country clubs or other annual membership clubs, catering exclusively to members and their guests, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following operations shall be prohibited: i. Outdoor entertainment, live or mechanical; ii. The use of outdoor public address systems for any purpose; and iii. Exterior lighting producing glare at the lot line other than that essential for the safety of the users of the premises. Page | 4 97

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 5 No building erected under the provisions of this paragraph [subsection 1.14(c)] shall be so erected nearer than 50 feet to any street or property line. (d) Adult day care facilities in accordance with Article 5—Supplementary Regulations, Section 22—Adult Day Care Facilities. 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased to a person not [a] resident on the premises. (d) Keeping domestic animals as pets, provided not more than three (3) dogs over six months old, shall be permitted. (e) Keeping of chickens for individual domestic purposes subject to the following restrictions: i. Keeping of chickens shall not be permitted on lots smaller than 10,890 square feet in lot area. ii. No more than five (5) chickens shall be permitted on a residential lot. iii. Chickens shall be registered with the Delaware Department of Agriculture. iv. Chickens shall be penned in a coop that shall be at least four (4) square feet per chicken. v. All chicken coops shall be located in a rear yard and shall be a minimum of 20 feet from side and rear property lines. vi. Any odor associated with the chickens shall not be discernable from property lines. vii. Keeping of roosters shall be prohibited. viii. Any lot with chickens shall either comply with these requirements by June 1, 2016 or remove the chickens. (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6—Off- Street Parking, Section 3—Required off-street parking spaces, Paragraph 3.1—Schedule of requirements. (g) Customary home occupations, provided that: i. No display of products, goods and/or signs shall be visible from the street. ii. Such home occupation shall be incidental and secondary to the residential use of the premises and shall be conducted in the principal building by the resident or residents that reside therein. iii. Nonresident assistants or co-workers shall be prohibited. iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. Page | 5 98

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 6 IV. RECOMMENDATION OF PLANNING STAFF: The request for the R-8 (One Family Residence Zone) is for a zone that focuses on one-family residences (detached dwellings) on lots of a minimum 8,000 SF size. Staff recommends the annexation of the property at 273 Acorn Lane and its rezoning to R-8 (One Family Residence Zone) be approved as requested. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Classification as Residential Medium Density. This is a High Priority Annexation Area since it is an enclave and will help fill in one of the holes in the City of Dover Boundary. The R-8 zoning is consistent with other development in the surrounding area of this parcel includes a number of residential zones ranging from R-20 to R-8 and RM-1 zones. The R-8 zoning accommodates the current use of the property as a single-family dwelling. The property is also already served by the City electric. This Annexation/Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the R-8 zoning district. Staff notes that any potential redevelopment for the site or changes of use for the existing building would have to be in line with the zoning classification and would similarly have to follow all development design guidelines of the Zoning Ordinance. Were the Application for Annexation/Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans and/or Permits for review for any new use of the site or the building. At the present time, the property is expected to remain as a single family detached residences with the only improvements related to making connections to City water and/or sewer services. The parcel meets the lot dimensions for a parcel zoned R-8 and the current dwelling appears to comply with the bulk standards for setbacks and lot coverage. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the R-8 would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. This recommendation is being made without the benefit of hearing the comments of surrounding landowners and residents. A Public Hearing is required on this matter and the Planning Commission should give those comments consideration. V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION As part of the Annexation Request, the City of Dover zoning district is to be determined; therefore, it is a request for a type of zoning map amendment which changes the zoning district of a property. The Planning Commission as part of their public hearing and review process will provide a recommendation on the zoning to City Council. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following factors when considering the request: Article 10 § 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: Page | 6 99

Item 5. AX-23-02 Lands of Christine L Kelleher at 273 Acorn Ln: Annexation DAC Report of March 8, 2023 Page 7 (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. A Recommendation Report from the Planning Commission will be forwarded to City Council for their consideration of the Annexation/Rezoning Application. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sewer is feasible due to the proximity to existing infrastructure along Acorn Lane. It would be the property owner’s responsibility to cover all costs associated with extending and connecting services to the existing dwelling. 2) Regarding connection to City services (water and/or sanitary sewer) the applicant must contact the City’s Department of Water & Wastewater for procedures, permitting and impact fees. 3) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, licensing, etc. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. Page | 7 100

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 1, 2023 APPLICATION: Lands of Christina L. Kelleher at 273 Acorn Lane FILE #: AX-23-02 REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed annexation of tax parcel ED-00-068.19-01-13.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / GENERAL 1. None WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, please find the following: a. 273 Acorn Lane is not served by City of Dover Water. 273 Acorn Lane is not served by Sanitary Sewer. The property owner has contacted the Department about the possible connection to these services. Water and Sanitary Sewer are available to this property. The property owner is responsible for any and all costs associated with changes to service needs for property including extending and providing service upgrades to the existing dwelling on the property, this will include an assessment of $40 per front foot of the property for sanitary sewer, which shall be paid by the property owner prior to connection. This may include tapping the sanitary sewer and water mains, connection to the building for both utilities, purchasing appropriately sized water meter and pit, paying impact fees, and obtaining permits. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 101

C F AX-23-02 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: March 1, 2023 D S O H V A E L R APPLICATION: Lands of Christina Kelleher at 273 Acorn Ln FILE #: AX-23-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is an annexation and rezoning request. This office has no objection. 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 102

Item 5. 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) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. N/A 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. 103

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Christina L. Kelleher at 273 Acorn Lane FILE#: AX-23-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Johnson PHONE#: 302-760-2141 =============================================================== 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 objection to annexation and rezoning. 104

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 MARCH 2023 APPLICATION: Lands of Christina L. Kelleher at 273 Acorn Lane FILE #: AX-23-02 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 annexation for the above referenced parcel. ADVISORY COMMENTS TO THE APPLICANT: In the future, if there is any proposed disturbance that will exceed 5,000 square feet, a sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.). 105

City of Dover Application No.: AX-23-02 Item 5. Department of Planning & Inspections Ste vens ROS on Dr R-20 RG-2 rna Ln Suva R-10 l y Tr Part Tea Do RM-1 ve r Park R-10 l vd yB nar utio rn vol Aco Re Ln Site R-8 Ave oc k anc SH ROS R-8 R-20 Ave k ins Hop n Ln Nixo C er ir m Cly R-8 R-20 ROS R-20 R-8 R-8 cia Aca R-8 o Mah Pl RG-2 Sc y Girl RM-1 gan R-8 out L Pl n Tile: Lands of Christina L. Kelleher Ordinance #: 2023-03 Addresses: 273 Acorn Lane Legend Parcel ID: ED-00-068.19-01-13.00-000 Subject Property Existing Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) Dover Boundary Owner: Christina L. Kelleher Zoning Date: 1/24/2023 Dover Parcels 0 150 300 600 Feet « Kent County Parcels 106

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City of Dover Application No.: AX-23-02 Item 5. Department of Planning & Inspections Ste vens ROS on Dr R-20 RG-2 rna Ln Suva R-10 l y Tr Part Tea Do RM-1 ve r Park R-10 l vd yB nar utio rn vol Aco Re Ln Site R-8 Ave oc k anc SH ROS R-8 R-20 Ave k ins Hop n Ln Nixo C er ir m Cly R-8 R-20 ROS R-20 R-8 R-8 cia Aca R-8 o Mah Pl RG-2 Sc y Girl RM-1 gan R-8 out L Pl n Tile: Lands of Christina L. Kelleher Ordinance #: 2023-03 Addresses: 273 Acorn Lane Legend Parcel ID: ED-00-068.19-01-13.00-000 Subject Property Existing Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) Dover Boundary Owner: Christina L. Kelleher Zoning Date: 1/24/2023 Dover Parcels 0 150 300 600 Feet « Kent County Parcels 108

Item 6. City of Dover DATA SHEET FOR CENCEPTUAL SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 8, 2023 PLANNING COMMISSION MEETING OF March 20, 2023 Plan Title: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan, SB-23-01C Plan Type: Major Subdivision Plan Applicant/Owners: Wyoming, LLC Property Locations: South of but not adjacent to Wyoming Avenue and west of Monroe Terrace Property Address: unaddressed on Jefferson Terrace extension Tax Parcel: ED-05-077.17-06-02.01-000 Total Area of Parcels: 4.2311 acres +/- Proposed Number of Lots: Six (6) Lot 1: 0.5548 acres+/- (24,171 SF +/-) Lot 2: 0.2983 acres+/- (12,994 SF +/-) Lot 3: 0.5144 acres+/- (22,408 SF +/-) Lot 4: 0.3536 acres+/- (15,402 SF +/-) Stormwater Lot: 0.7781 acres+/- (33,892 SF +/-) Residual: 1.5441 acres +/-(67,260 SF +/-) Present Zoning: R-10 (One Family Residence Zone) Proposed Zoning: R-10 (One Family Residence Zone) Current Use: Undeveloped vacant land including woodland areas Proposed Uses: Residential (one-family detached dwelling units) Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) Increased Percentage of Lots on a Cul-de-Sac Sidewalk along the Public Right-of-Way Frontage of Monroe Terrace P. O. Box 475 Dover, DE 19903 109 Community Excellence Through Quality Service

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 8, 2023 APPLICATION: Lands of Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan, FILE #: SB-23-01C 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 Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a cul-de-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED- 05-077-17-06-02.01-000. II. PREVIOUS APPLICATIONS The most recent Application for this property was SB-13-06 The Meadow Subdivision at Jefferson Terrace. This Subdivision Plan was proposed to permit the subdivision of land totaling 4.23 acres ± into five (5) parcels for single family detached dwellings with residual land which was to be known as The Meadow (name revised to Jefferson Terrace to avoid replication with another residential subdivision). This Application went to the Planning Commission at their November 2013 meeting and received conditional approval, allowing the Applicant to then submit the Preliminary Subdivision Plan for Review. Following the conditional approval of the Conceptual Subdivision Plan SB-13-06, a required Preliminary Subdivision Plan was submitted for review by the Planning Commission at their February 2014 meeting. However, the Application was postponed by the Planning Commission at the request of the Applicant and did not return for review. The Subdivision Plan was never finalized and has since expired. The Planning Staff administratively reviewed a Minor Lot Line Adjustment Plan (Application MI- 12-10) and granted approval on June 5, 2012 (recorded June 12, 2012). The land south of 324 Wyoming Avenue with frontage on Jefferson Terrace and Monroe Terrace (the current subject parcel) was divided from the parcel that included the existing dwelling at 324 Wyoming Avenue and aligned its rear property line with adjacent residential parcels. 110

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 2 III. PROJECT DESCRIPTION – Major Subdivision This Major Subdivision Plan proposes to subdivide the existing lot into six (6) new parcels. The Plan identifies Lots 1-4 as being for residential development. A fifth parcel is mostly interior to the overall subject site, with only a narrow connection to the cul-de-sac to the north, which is to be used for a stormwater management area (details not provided). Lastly, the sixth parcel is noted on the Plan as “Residual,” but it is not clearly identified as to whether this is intended on the Plan as being intended for residential development. Lots 1-4, as well as the interior fifth parcel all have frontage from the cul-de-sac proposed for the Jefferson Terrace Extension (noted on Plans as “Ekaman Way”). The proposed sixth Lot (noted as “Residual” has frontage directly onto Monroe Terrace to the east. This Residual Lot is the southernmost parcel proposed and contains a cross access easement as there is a residential property to the southwest of the subject site that does not have frontage on any public right of way, and therefore is accessed only via a driveway (Mallard Drive) across the subject property, connecting from Monroe Terrace. See Chart below for description of proposed Lots: Site Proposed Lot Size Proposed Use Lot 1 0.5548 acres+/- Residential (24,171 SF +/-) (One-Family Detached Dwelling Unit) Lot 2 0.2983 acres+/- Residential (12,994 SF +/-) (One-Family Detached Dwelling Unit) Lot 3 0.5144 acres+/- Residential (22,408 SF +/-) (One-Family Detached Dwelling Unit) Lot 4 0.3536 acres+/- Residential (15,402 SF +/-) (One-Family Detached Dwelling Unit) (Parcel 5) 0.7781 acres+/- Stormwater Management Area (33,892 SF +/-) Residual (Parcel 6) 1.5441 acres+/- Unspecified on Plan, but noted as (67,260 SF +/-) residential in other documentation Right-of-way 0.1877 acres+/- Cul-de-Sac as terminus to Jefferson dedication (8,178 SF +/-) Street Extension (Ekaman Way) TOTAL 4.2311 acres +/- As shown above, with the exception of the legal non-conforming frontage existing for the proposed Residual parcel on Monroe Terrace, the Lots proposed appear to be largely compliant with the Zoning and Bulk Standards for the R-10 Zone. Five (5) of the proposed lots (four residential and one for stormwater management area only) have frontage on the proposed Jefferson Terrace Extension, which will also be the main points of access to the properties. The Residual Lot will be utilizing the existing legal non-conforming frontage of the property along Monroe Terrace. It is noted that there is an alley along the western boundary of the subject property, but this is unimproved and is not utilized for any type of access. IV. 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 Major Subdivision. As 111

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 3 such, the Application will require the submission and review of a Conceptual Subdivision Plan by the Planning Commission first, which is this subject Application. For the next step, the Applicant will then be required to submit a Preliminary Layout Subdivision Plan for further Planning Commission review and approval. The last step is submission of a Plat for Final Approval by Planning Staff (and DAC Agencies) and recordation at the Kent County Recorder of Deeds. In order to subdivide the properties, 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, lot coverage, etc. See also discussion below under Zoning Review. V. ZONING REVIEW R-10 (One-Family Residence Zone) The property is zoned R-10 (One-Family Residence Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §1 and Article 4 §4.1. The use as a one-family detached dwelling- unit (single-family home) is a permitted use in the R-10 Zone. The proposed Lots largely comply with the Zoning Bulk Provisions as noted in Article 4 §4.1 of the Zoning Ordinance. The following Table highlights some of the lot design standards for the R-10 Zone: MINIMUM REQUIRED: R-10 ONE FAMILY RESIDENCE ZONE Lot Area 10,000 SF Lot Configuration – width (ft.) 80 ft. Lot Configuration – depth (ft.) 110 ft. Front yard setback (ft.) 25 ft. Residential zone setback (ft.) 15 ft. Side yard setback (ft.) 20 ft. Rear yard setback (ft.) 30 ft. Off-Street Parking Spaces 2 per dwelling Maximum Permitted : Building Height: Stories 2 ½ stories Feet 35 feet Lot Coverage 30% Since this parcel is zoned R-10, it is subject to the provisions of Zoning Ordinance, Article 5 §1.7 Uniformity of design in all one-family residence zones. These provisions limit construction of buildings that are like or substantially like a neighboring building in order to prevent monotony of architectural design. Waiver Requested: Alternative Lot Configuration and Reduced Frontage on a Public Street Lots 1-4 are to all have sufficient street frontage width directly onto the cul-de-sac proposed as the terminus for the Jefferson Terrace extension. The Stormwater Management Area Lot is to also have frontage onto this cul-de-sac. However, as this lot is to remain undeveloped due to the presence of the Floodplain Hazard Area, there is only to be a 15-foot wide strip providing said direct access. This strip connects the bulk of this Stormwater Management Lot to the cul-de-sac by running between Lots 3 and 4, providing only enough access for maintenance. The Applicant has submitted a Waiver Request (dated February 3, 2023) to allow the reduction of the required 112

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 4 minimum street frontage width from 80-feet to 15-feet to accommodate this access, noting that the Kent Conservation District had noted that stormwater management facilities are problematic and unacceptable when located within easements on residential lots. The Planning Commission will make a recommendation on this waiver request and to be forwarded to the appropriate Council Committee and with final action by the Dover City Council. Waiver Requested: Increased Percentage of Lots on Cul-de-sac The Plan depicts five (5) proposed lots or 83% of the proposed six (6) total lots in the subdivision to have frontage on the turnaround section of the proposed Jefferson Terrace cul-de- sac. This proposed lot percentage exceeds the maximum of 20% of the lots in a development allowed to front on the turnaround section of a cul-de-sac. A written waiver request (Letter of February 3, 2023) has been submitted to the Planning Office for consideration. The Planning Commission will make a recommendation on this Waiver Request and to be forwarded to the appropriate Council Committee and with final action by the Dover City Council. VI. STREETS The Subdivision Plan proposes an extension of Jefferson Terrace (noted on the Plans as “Ekaman Way”) as a public street leading to the west from Monroe Terrace. There is existing right-of-way (60 feet wide) for a portion of the street. The extension of Jefferson Terrace is proposed to be 310.2 feet in length before terminating the cul-de-sac. This length of a dead-end street complies with the maximum length permitted (440 feet). The right-of-way for the street will be sixty (60) feet of width. The width of the paved street is not provided, but the width should allow for on- street parking on both sides of the street. Parking would be prohibited within the cul-de-sac. It is noted that any renaming of streets (i.e. Jefferson Terrace Extension) to “Ekaman Way” is subject to a separate review process. The street extension is required to include upright curbing and sidewalk constructed to the City of Dover Standards. The plan proposes sidewalks along the entire periphery of the Jefferson Terrace extension, though none is shown along the Monroe Terrace frontage (Residual Lot). The type of curbing is not identified. The applicant will need to work with the City’s Department of Public Works regarding the street width design for this extension of Jefferson Terrace including paved width, where on-street parking may be provided, the curbing, and the sidewalk design. VII. SITE CONSIDERATIONS Site Access The property is currently undeveloped. The site abuts the Monroe Terrace along the southern end of the east property line. The terminus of Monroe Terrace provides access to the privately maintained Mallard Drive, which crosses the subject site to provide vehicle access to a residential property to the west. Jefferson Terrace is currently only paved from South Governors Avenue to Monroe Terrace. While the right-of-way thereof continues from Monroe Terrace westward to the subject site, it is unimproved. The Applicant is proposing to construct a westward extension to Jefferson Terrace, and extend it into the subject site, and provide a cul-de-sac for vehicle turn-arounds. To achieve 113

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 5 this, the Plans note that the Applicant is to allocate 0.1877 acres+/-(8,178 SF +/-) of the subject site for the purpose of right-of-way dedication to create the cul-de-sac terminus of Jefferson Terrace. The Applicant must coordinate with the Public Works Office, as the extension of Jefferson Terrace will have to be done to City of Dover standards. This is necessary in order to then dedicate the extended road to the City for maintenance. Infill Standards The Zoning Ordinance Article 5, Section 1.12 Infill Standards notes requirements for development for a lot or group of lots in an already developed area. It further specifies: (a) Sidewalks. Standard City of Dover sidewalk, per chapter 98, shall be required to be installed along public street frontage of every infill property by the property owner or developer (b) Landscaping. Infill structures shall be designed to minimize the impact on existing, mature trees when practical. All residential lots shall include landscaping to include plants and shrubs along the portions of the house that front a public street. No form of vegetation shall be planted on a property in a way that blocks more than half of the front façade(s) from public view. (c) Primary facade. All buildings shall include a primary entry along the property's street frontage, and shall also include a porch or other entry feature. As noted by the Applicant, the existing legal non-conforming width of the frontage along Monroe Terrace is 68.65 feet. This is not proposed to change per this Conceptual Subdivision Plan. From Jefferson Terrace south to the terminus of Monroe Terrace, there are eight (8) other parcels with frontage on Monroe Terrace, seven of which seven (7) are currently developed, containing one-family detached dwelling units (single-family homes). The development of this southern portion of the site noted as “Residual Lot” and containing frontage on Monroe Terrace would therefore be considered an infill lot, and should follow the above referenced provisions when developed. Sidewalks There is no existing sidewalk along Monroe Terrace frontage of the existing property. As noted, the right-of-way for Jefferson Terrace extension is unimproved. As such, there is no sidewalk where the proposed Jefferson Terrace Extension (Ekaman Way) is located. The Plan submitted notes a sidewalk is proposed along both the north and south sides of the Jefferson Terrace Extension, as well as the entirety of the cul-de-sac. Waiver Requested: Sidewalk along the Monroe Terrace Frontage No sidewalk is shown as being proposed along the Monroe Terrace frontage of the existing property. The Applicant has submitted a Written Waiver Request seeking relief from the requirement to provide a sidewalk along the Monroe Terrace frontage of the site. The Applicant notes that this section of the property has frontage towards the southern-most end of Monroe Terrace, with the only adjacent property having no sidewalk along its frontage. As such, the Applicant notes that a sidewalk here would not connect to any other sidewalks in the vicinity. 114

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 6 Flood Hazard Areas Special Flood Hazard Areas (1% Chance of Annual Flood/ 100-year flood plain) are to remain as natural open space. The southern portion of this tract of land includes a Flood Hazard Area. The Lot proposed and noted as “Stormwater Management Area” is comprised primarily of Flood Hazard Area and is therefore not to be developed. The proposed Residual Lot is also largely subject to the Flood Hazard Area; however, there is a portion of the property near the Monroe Terrace frontage that remains outside of the Flood Hazard Are and may therefore be still partially buildable. The proposed Lots 1-4 appear to be outside the Flood Hazard Area. Wetlands The southern portion of this tract of land also includes areas delineated as wetlands adjacent to a stream that crosses the property. One area is large enough in size to require a setback from the wetland area per the Zoning Ordinance. The setback of 100 feet can be reduced to fifty (50) feet when a riparian buffer is established. The Applicant will have to provide evidence to show that the existing woodland can be recognized as satisfying the riparian buffer requirement. This buffer requirement does not impact the four northern lots proposed for residential development (Lots 1-4); the impacts are to the Residual Lot and Stormwater Management Area Lot. The proposed Lots 1-4 appear to not contain any wetlands. Wet Soils and Basements The Zoning Ordinance, Article 5 §11.23 regarding wet soils limits the building construction when seasonally high-water table is within two and one-half feet of the surface and requires construction subject to conditions to address the prevention of water damage. Subdivision Plans must identify the seasonal high watertable on each lot if basements are proposed. VIII. 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. Tree Planting & Preservation Plan The subject site includes areas of existing woodland. The details of the Tree Preservation and Planning Plan will be reviewed in the Preliminary Subdivision Plan application. Tree clearing is limited to a maximum of 50% of the woodland per lot. New tree plantings are required at a rate of one tree per 3,000 SF of non-woodland lot area. Active Recreation Plan The Zoning Ordinance includes requirements for areas of Active Recreation to be provided with the development of residential subdivisions at a land area rate per dwelling unit. There are exceptions to this requirement for residential subdivisions where the property is less than five acres and less than ten dwelling units are proposed. This requirement is reviewed in the Preliminary Subdivision Plan application process. IX. 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: 115

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 7 1) A written waiver request to allow for an alternative lot configuration and reduced frontage on a public street (for the Stormwater Management Area Lot) has been submitted to the Planning Office for consideration by the Planning Commission with final action by City Council. 2) A written waiver request for increased lot percentage of lots on a cul-de-sac has been submitted to the Planning Office for consideration by the Planning Commission with final action by City Council. 3) A sidewalk must be provided along the Monroe Terrace frontage of the proposed Residual Lot. The Applicant has submitted a Written Waiver Request from the requirement to provide said sidewalk along the Monroe Terrace frontage of the proposed Residual Lot for consideration by the Planning Commission. 4) Confirm proposed use of the Lot marked as “Residual” to the south of the subject site. If it too is intended for residential development, label it consistently with other such Lots (Lot 5). 5) Identify the intended use of the piece of land connecting the Stormwater Management Lot to the newly proposed cul-de-sac. 6) Mark the Alley to the west of the subject site as “unimproved.” 7) Remove reference to the 25-foot wetlands buffer, as this is not part of the City of Dover Code. 8) Identify the Source of the Wetlands Delineation. 9) Corrections to the Data Column: a. Note the Zoning Classification as R-10 (One-Family Residence Zone). b. Note the Zoning Bulk Standards in their entirety. c. Provide the overall area of the subject site in square feet as well as in acres. d. For the proposed use, specify that it is to be “Residential (Single-Family Homes).” 4) Following Preliminary Subdivision Plan approval, 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 lots. a. 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. b. The formal Record Plan will need to be recorded upon completion of the approval 116

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 8 process with any corrections identified by the reviewing agencies. 5) The applicant will need to work with the Department of Public Works regarding the design of the extension of Jefferson Terrace to the City of Dover Standards for the street, curbing, and sidewalks. X. 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 Major Subdivision Conceptual Plan creates six (6) lots out of the existing parcel, with four (4) of the proposed residential lots having direct access on the proposed cul-de-sac, and a fifth residential lot (noted as “Residual Lot”) to have access off Monroe Terrace. The other parcel is to have narrow access to the proposed cul-de-sac yet is not intended for any type of development, but rather to be utilized for stormwater management. The Subdivision Plan generally appears to comply with the Land Subdivision Regulations and bulk standards of the R-10 Zone. 2) Recommendations on Waiver Requests: a) Alternative Lot Configuration and Reduced Frontage on a Public Street: Staff recommends approval of the request to allow for a reduced frontage on a public street for the Stormwater Management Lot. This access to the proposed cul-de-sac is to allow for access to the stormwater management area. The Plans submitted note that no residential development is proposed for this Lot due to the extent of the floodplain area on the property. a. Provide additional information on the approach to Stormwater Management as clearing of trees should be minimized with the implementation of the stormwater management strategy. b) Increased Percentage of Lots on Cul-de-sac: Staff recommends approval of the request to permit more than 20% of lots in a development to front on the turnaround section of a cul-de-sac. The configuration of the tract of land does not allow for the inter-connection of the proposed street to another existing street in order to avoid the cul-de-sac. c) Sidewalk along the Monroe Terrace frontage: Staff recommends denial of the Waiver Request as submitted by the Applicant from the requirement to provide Sidewalk along the Monroe Terrace frontage of the Site (frontage of the proposed Residual Lot). As noted, the Lot is considered “Infill” and as such would be required to follow the development standards set out for Infill Lots and found in the Zoning Ordinance, Article 5, Section 1.12. It is noted that two (2) of the eight (8) parcels with frontage on Monroe Terrace (south of Jefferson Terrace) have been recently developed and do include sidewalks along their Monroe Terrace frontages. 117

Item 6. SB-23-01C Conceptual Subdivision Plan for Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) DAC Report of March 8, 2023 Page 9 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. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The waivers are at the discretion of the Planning Commission. However, regarding the partial alternative lot configuration, the percentage of lots on the cul-de-sac, and the elimination of sidewalk (Monroe Terrace frontage) waiver requests, the Planning Commission will provide a recommendation each waiver request. These waiver requests require Safety Advisory and Transportation Committee recommendations and then City Council consideration for final approval or denial. 2) The Conceptual Plan is the first step in the major subdivision process. For this project, the next step is the submission of the Preliminary Subdivision Plan for review. A Pre- Application meeting is required to file the Preliminary Subdivision Plan. 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) In the event, that major changes and revisions to the Conceptual Subdivision Plan occur in the development 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 commissions making recommendations in regards to the plan. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 6) The applicant shall be aware that Conceptual Subdivision approval does not represent a Building Permit, Sign Permit and other associated construction activity permits. A separate application process is required for issuance of a Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 118

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MAR 1, 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) FILE #: SB-23-01C REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Operations Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 119

Item 6. Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) File #: SB-23-01C Mar 1, 2023 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 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. 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 . 120

CITY OF DOVER Item 6. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 1, 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision FILE #: SB-23-01C REVIEWING AGENCY: City of Dover Department of Public Works and 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 SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. Our office has no objection to the conceptual subdivision plan. Further requirements will be provided if additional development plans are submitted. TYPICAL CITY AND STATE CODE REQUIREMENTS FOR SUBDIVISION WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. All water mains within the proposed subdivision must be looped. No dead end mains are permitted. The utility plan must incorporate the appropriate termination valves on the water system between construction phases. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. All water mains shall be either cement lined Class 52 cement lined ductile iron pipe or DR 18 PVC pipe. Division valves must be provided every 800 feet. 5. Water service lines shall be shown for each residential lot meeting the following requirements: The water services shall be one- inch (1”) diameter Type K copper tubing or SDR9 pipe, and installed five feet (5’) to the right of the sewer lateral as viewed from 121

Item 6. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 2 of 4 the center line of the street. Curb stops shall be installed one foot (1’) outside of the right-of-way for each lot. A water meter and meter pit must be installed on the domestic water service, in a non-traffic bearing location just downstream of the curb stop. 6. Fire hydrants shall be spaced no greater than 600 feet as measured along the curb. Fire hydrants shall be placed between the curb and sidewalk at intersections or centered on lot lines. Fifteen feet (15’) separation must be provided between all hydrants and hydrant valves. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. All sanitary sewer mains shall terminate at manholes between construction phases. This may require sewer lines to extend beyond the proposed phase lines to the next manhole. 4. Minimum slope criteria shall meet Ten States Standards. Provide flow calculations to justify sizing of the sewer mains, showing that velocity requirements are met. Waiver requests must be approved by the Department of Public Works. 5. The desired location for sewer mains is under the centerline of the street. One-tenth of a foot (0.1’) drop must be provided across all manholes. The minimum slope for eight-inch (8”) sanitary sewer pipe is 0.004 feet/feet. Minimum cover is 3.0 feet. 6. Sanitary sewer manholes shall be spaced no more than 400 feet apart. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 8. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 9. Sanitary sewer laterals shall be shown for each residential lot meeting the following requirements: The sewer laterals shall be six-inch (6”) diameter schedule 35 PVC and, where practicable, installed to the center of each lot. Sewer laterals shall be connected directly to the main, not manholes, unless impracticable. Sewer laterals are to be installed one foot (1’) beyond the right-of-way line at a typical depth of three feet (3’), preferably not exceeding five feet (5’). Cleanouts shall be installed one foot (1’) outside of the right-of-way for each lot. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system. 4. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and velocity; and full flow and velocity. 122

Item 6. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 3 of 4 5. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’) from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate downstream catch basins as applicable. 6. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The provided information should also show adequate conveyance of runoff from each lot. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 3. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. 4. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac. 5. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line. 6. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150 feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line. 7. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The required radius may be increased by the city engineer if the increased radius is necessary for public safety. 8. Street grades shall not exceed five percent. 9. Street grades shall not be less than one-half percent wherever feasible. SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. 1. Only trees listed as small to medium shall be planted under power lines; and no trees shall be planted within ten feet of any underground water line, sewer line, transmission line or other utility. 2. It shall be unlawful and a nuisance for any person to plant any vegetation in any public right-of-way. Upon receipt of notice from the city to remove any vegetation located in a public right-of-way, the owner of the abutting property shall remove such vegetation at his own expense within the time limit provided in such notice. 3. It shall be unlawful and a nuisance for any person to plant any tree, shrub or bush within 16 feet of the curbline. Upon receipt of notice from the city to remove any tree, shrub or bush which is located within 16 feet of the curbline, the owner of the property upon which such tree, shrub or bush is located shall remove the same at his own expense within the time limit fixed in such notice. 123

Item 6. Lands of Wyoming, LLC at Jefferson Terrace Extended – Ekaman Subdivision SB-23-01C March 1, 2023 Page 4 of 4 GENERAL 1. Add the following note to the plans, “A seven and one half feet (7.5’) wide easement is retained along all side and rear lot lines, to be unoccupied by building, for utilities, drainage and sanitary sewer purposes. Except where lots are divided for any reason whatsoever, said easements shall fall along the actual side and rear lot lines as conveyed. A fifteen feet (15’) wide utility easement is retained along all rear lines of lots abutting the project boundary and other open spaces.” A ten feet (10’) wide utility easement is required along all front yard lot lines for utility installation. When a water, sewer, or storm sewer main is not located in the right of way, it shall be located within five feet (5’) of the center of a twenty feet (20’) wide utility easement. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 3. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. WASTEWATER 1. Wastewater impact fees will be associated with future development of this site. 2. Any future development shall adhere to the City of Dover Water/Wastewater Handbook. 3. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. STORMWATER / STREETS 1. If this property is developed, future approvals may be required from the Kent Conservation District and DelDOT. 2. Any future development shall adhere to the Specifications, Standards & Procedures for Public Works Construction. GENERAL / SANITATION 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 . 124

C F SB-23-01C I I Item 6. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: March 1, 2023 D S O H V A E L APPLICATION: Lands of Wyoming LLC at Jefferson Terrace Extended R FILE #: SB-23-01C REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a subdivision plan 2. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 3. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 4. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. City Ordinance Sec 46-9 (f). 5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal. This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be provided when the State Fire Marshal deems it necessary based on the configuration of the site, 125

Item 6. building(s), exposures, construction, occupancy, and/or specific hazard(s). Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached dwellings, other residential, rowhouses and townhouses, assembly, health care, business, education, storage, industrial, mercantile, and mini storage. (702, Chapter 6) 5. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 6. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 7. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 8. 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. 126

Item 6. 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) 9. Project to be completed per approved Site Plan. 10. Full building plan review is required. 11. 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. 12. Construction or renovations cannot be started until building plans are approved. 13. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 14. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) 127

Item 6. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please ensure the cul-de-sac meets the requirements of the 2021 Delaware State Fire Prevention Regulations as listed above in item # 3 2. Hydrant required in cul-de-sac 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. 128

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended FILE#: SB-23-01C REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Johnson PHONE#: 302-760-2141 =============================================================== 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. The developer should schedule a coordination meeting to discuss the development with DelDOT Subdivisions. 129

KENT CONSERVATION DISTRICT Item 6. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2023 APPLICATION: Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision) FILE #: SB-23-01C REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: 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: 1. A Stormwater Assessment Study (SAS) and pre-application meeting are required. 2. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, or delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. This plan is located in an area that is to be undermanaged per the Puncheon Run Flood Study to beat the peak run-off generated in the contributing upland drainage area. This area is also under 10% of the total contributing drainage area and is only required to manage the 1-year (RPv) storm event. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater management area an attractive community amenity. 4. Please clarify the ownership of the stormwater management area for maintenance responsibility. 5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 130

Item 6. 3 February 2023 City of Dover Planning Commission P.O. Box 475 Dover, DE 19903 RE: Ekaman Subdivision Application (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Planning Commission: On behalf of Wyoming LLC, Mountain Consulting, Inc. (MCI) is pleased to submit for major subdivision approval of the Ekaman Subdivision. The proposed 6-lot Ekaman Subdivision consists of: - City right-of-way extension of Jefferson Terrace (subject to City Council approving Ekaman Way name) - Four (4) residential lots conforming to standard zoning (subject to a Cul-De-Sac Waiver) - One (1) stormwater management lot (subject to a SWM Lot Waiver) - One (1) residual lot with existing legal, non-conforming frontage, to be developed as a residential dwelling. Adjacent to the existing dead end stub of Jefferson Terrace are two undeveloped parcels whose frontage will be improved by the proposed road construction: - ED05-077.17-06-13.00 on the north side (A-20 on the subdivision plan) - ED05-077.17-06-10.00 on the south side (A-18 on the subdivision plan) The proposed roadway improvements will extend asphalt paving, cubing, and sidewalks from the existing paved edge of Monroe Terrace, approximately 310 feet to the center of an 80-foot diameter cul-de-sac bulb. Water, sewer, power and communications service lines will be extended with the proposed road improvements. The adjacent land to the west of the proposed subdivision is a residual strip of land 20± feet wide without a City Parcel ID# that may be a former alley that is not maintained or owned by the City. The actual owner of this strip of land is unknown to the Applicant, Engineer and City. The land to the west of this unnumbered strip is the Woodbrook Subdivision. The southwest corner of the proposed subdivision has an unnamed blue line stream channel with adjacent wetlands, and a FEMA Floodplain, Zone AE (FIRM 10001C0169J). There is approximately 2.32 acres of existing woodland canopy within the proposed subdivision covering and extending from the floodplain. Approximately 25% of this canopy is to be cut in areas outside of the mapped floodplain for the proposed subdivision. 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 131 www.mountainconsultinginc.net

Item 6. Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Wyomin LLC Page 2 of 2 Stormwater management (SWM) facilities are proposed outside of the floodplain on its own lot as per guidance of Kent Conservation District. A 15’ wide access strip is part of the SWM Lot connecting the proposed cul-de- sac to the SWM facility areas adjacent to the floodplain. The floodplain areas within the subdivision are being placed within a stormwater management easement. At the southwest corner of the proposed subdivision is an existing residential dwelling addressed as 312 Mallard Drive, with an existing paved driveway and culvert for the blue line stream flow. The culvert and most of the existing driveway is within the southern boundary of the subdivision. No easement or right-of-way has been identified for this driveway. A shared access easement is proposed to be placed over the driveway, so that the Residual Lot will share the existing entrance connection off the end of Monroe Terrace. Individual utility service connections to Monroe Terrace will be installed to support the construction of a residential dwelling on the Residual Lot. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 132

Item 6. 3 February 2023 Ms. Mary Ellen Gray City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request to Waive Lot Shape & Frontage for SWM Parcel (Appendix A, Art. VI, Sections E.1 and E.5.) Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Ms. Gray: We are requesting relief from the City of Dover subdivision requirements in the Dover Code of Ordinances Appendix A, Article VI, Sections E.1. and E.5. that pertain to lot dimensions, shape and frontage for only the proposed stormwater management (SWM) lot. The specific relief requested is to allow the proposed SWM lot to have a shape as shown on the plan with a 15± foot wide access and frontage stem of length 127± feet connected to a 110± foot x 285± foot SWM area. Following preliminary meetings with Kent Conservation District (KCD), stormwater management facilities are problematic and unacceptable when located within easements on residential lots, thereby requiring separate lots for stormwater management within subdivisions. The unique shape and constraints of the parent parcel causes the most suitable location for stormwater management facilities to be at the interior of the property, adjacent to the 100-year floodplain, on a lot that is constrained for access. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 133 www.mountainconsultinginc.net

Item 6. 3 February 2023 Ms. Mary Ellen Gray City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request to Waive Percentage of Lots on Cul-de-sac (Appendix A, Article VI, Section A.15.) Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Ms. Gray: We are requesting relief from the City of Dover subdivision requirements in the Dover Code of Ordinances Appendix A, Article VI, Section A.15. that states, “In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac.” The specific relief requested is to allow 5 of 6 proposed lots to connect to the cul-de-sac, or 83%. The unique lot shape and constraints of this parcel allows only a dead end cul-de-sac extension of Jefferson Terrace for access to the proposed lots. The proposed residential dwelling lots otherwise comply with zoning yards and setbacks, standard walkways, curbing and signage. The total dead-end road length from the sideline of Monroe Terrace to the center of the cul-de-sac bulb is 310± linear feet, in compliance with the Code. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 134 www.mountainconsultinginc.net

Item 6. 9 March 2023 Ms. Mary Ellen Gray City of Dover Planning & Inspections P.O. Box 475 Dover, DE 19903 RE: Request to Waive Sidewalk on Existing Non-Conforming Lot (Appendix A, Art. VI, Section G (d)) Ekaman Subdivision (Parcel ID# ED05-077.17-06-02.01) Jefferson Terrace Extension Dear Ms. Gray: On behalf of our client, Wyoming LLC, we are requesting relief from the City of Dover subdivision requirements in the Dover Code of Ordinances Appendix A, Article VI, Section G(d) that pertains to installation of sidewalk along the existing non-conforming lot with frontage on Monroe Terrace. The proposed road extension is not subject to this request. The proposed road and cul-de-sac will have sidewalks in accordance with this Code section. The lot frontage that is subject to this waiver is at the very end of Monroe Terrace, a dead end street. The adjacent residential property to the north of this frontage does not have a sidewalk, and to the south is a wood fence barrier blocking the road and any sidewalk connection. Please write or call with any questions. I can be reached directly at 302-922-5575 or by email at kburchard@mountainconsulting.com. Thank you for your consideration. Sincerely, MOUNTAIN CONSULTING, INC. Kyle Burchard, P.E. Director of Engineering 103 South Bradford Street, Dover, DE 19904 • Phone: 302-744-9875 • Fax: 866-672-6428 135 www.mountainconsultinginc.net

Item 6. LABEL ZONING PARCEL NUBER NOW/FORMERLY DEED REFERENCE A-1 R-10 2-05-076.20-03-09.00-000 JEAN C. TAYLOR D 585-35 A-2 R-10 2-05-076.20-03-10.00-000 STEVEN L. & CASSANDRA A. LEBOON D 8793-120 A-3 R-10 2-05-076.20-03-11.00-000 DANIEL M. BIEKER D 333-298 A-4 R-10 2-05-076.20-03-27.00-000 AIDEN T. ODELL D 12050-259 A-5 R-10 2-05-076.20-03-28.00-000 DURRELL N. DOLPH II D 8699-48 A-6 R-10 2-05-076.20-03-29.00-000 WILFREDO MORALES-MORALES D 9918-183 A-7 R-10 2-05-076.20-03-30.00-000 EVANELLE G. GELDOF H 41-203 A-8 R-10 2-05-076.20-03-53.00-000 THE TRUST OF JOAN M. SCIPLE D 12273-1 A-9 R-10 2-05-077.17-06-02.02-000 JOSEPHINE D. SCHWARTZ D 341-327 A-10 R-10 2-05-077.17-06-03.00-000 JOSEPHINE D. SCHWARTZ U 23-211 A-11 CPO 2-05-086.05-01-01.00-000 WOODBROOK DEVELOPMENT, LLC D 375-235 A-12 R-8 2-05-077.17-06-05.00-000 JACQUELINE CHAMBERS D 11682-54 A-13 R-8 2-05-077.17-06-06.00-000 WAYNE L. MITCHELL D 515-233 A-14 R-8 2-05-077.17-06-07.00-000 RONALD WILLIAM RHODES D 10120-331 A-15 R-8 2-05-077.17-06-10.00-000 RONALD WILLIAM RHODES D 12147-117 THOMAS A. & KENNETH BURKE A-16 R-8 2-05-077.17-06-09.00-000 D 10502-105 FRAIZER A-17 R-8 2-05-077.17-06-13.00-000 FUNCTIONAL PROPERTIES, LLC D 12272-86 A-18 R-8 2-05-077.17-06-11.00-000 FUNCTIONAL PROPERTIES, LLC D 12272-86 A-19 R-10 2-05-077.17-06-01.00-000 LUKE B. & SHANNON M. SILER D 8619-255 A-20 R-10 2-05-077.17-06-14.00-000 CEDRIC CURTIS & JORDIN WILLIAMS D 9835-93 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 WYOMING LLC T-302-744-9875 F-866-672-6428 136

Item 6. SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Public Comments Received (as of 2:00 pm 3/10/2023) Please see the attached Letters of Objection received by the City of Dover Planning Office regarding Conceptual Subdivision Plan SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan. One (1) Email noting Objection, and One (1) Email noting Objection with an attachment, have been sent to the Planning Office to be presented to the Planning Commission at their March 20, 2023 meeting. Attachments: 1) Email from Steve LeBoon, resident of 1020 S. Westview Terrace noting objection to the proposed Conceptual Subdivision Plan and indicating that there will be another communication with more detail to follow. 2) One (1) Email again from Steve Leboon speaking on behalf of several other area residents again noting Objections. 3) One (1) Attachment (21 pages) submitted with the 2nd Email referencing various Reports and Studies, and including the signatures of other area residents: a. Steve and Cassandra LeBoon at 1025 Westview Terrace, Dover DE 19904 b. Carrah and Aiden Odell at 1103 Westview Terrace, Dover DE 19904 c. Durell Dolph at 1109 Westview Terrace, Dover DE 19904 d. Joan Sciple at 1139 Westview Terrace, Dover DE 19904 e. Dan Bieker at 1033 Westview Terrace, Dover DE 19904 f. Evanelle Geldof at 1131 Westview Terrace, Dover DE 19904 g. Dee Schwartz at 312 Mallard Drive, Dover DE 19904 h. Janet Deiner at 129 Crescent Drive, Dover DE 19904 i. Luke Siler at 330 Wyoming Avenue, Dover DE 137

Item 6. From: LeBoon To: Melson-Williams, Dawn; CompPlan; Hugg, Dave; LeBoon LeBoon; A cassbaby Subject: EXTERNAL: Opposition to SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan Date: Wednesday, March 01, 2023 8:07:29 AM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, I reside at 1020 5 Westview Terrace, and I am formally submitting an opposition to the proposed application. I will be putting together, along with my fellow neighbors, critical elements of how this application is detrimental to the stability of my home. It also violates state and federal laws, the ecosystem, federal wetlands, and catastrophic flooding in a floodplain that would directly impact my house and my fellow neighbors. I request that you hold off any participation in discussing this application until the next hearing so it allows me and my fellow neighbors to articulate the concerns that we have. These concerns have been addressed many many times in the past with the previous owner of that land. I have cc'd David Hugg and the Mayor so they are included as well. I will be in touch in more detail in the next few days. Thank you, Steve LeBoon 484-716-4567 Reply Forward 138

Item 6. Email sent by Steve LeBoon on Saturday 3/4/2023 – emailed with attachment Hello and good afternoon, We, collectively, hope this email finds you well. Enclosed are the formal concerns and opposition to the below application for your consideration of granting a permit. We collectively and formally ask that any request or application be denied on March 20, 2023 by the Planning Commision due to the extraordinary safety (catastrophic flooding) issues threatening the homes and that would inflict hardships (financially and emotionally) onto the current residents. We collectively ask these concerns be entered into the record for the upcoming March 8, 2023 DAC meeting in preparation for the March 20, 2023 meeting. We formally ask the DAC committee to recommend a full denial for the application as the application violates many City, County, State and Federal regulations and laws. All of the neighbors who signed and present these concerns and formal objections respectfully ask that these statements #1-7 be entered into the record for public comment hearing scheduled for March 20, 2023. Should any questions arise, please do not hesitate to contact us via emails. We have also cc'd the Mayor, The Honorable Hall, Mr. Hugg, Councilman Bill and President Roy as they are fully aware of the extraordinary flooding in our communities. Steve LeBoon cell 484-716-4567 SB-23-01C Lands of Wyoming, LLC at Jefferson Terrace Extended (Ekaman Subdivision): Conceptual Subdivision Plan - Review of a Conceptual Subdivision Plan to create six (6) lots from an existing parcel totaling 4.2311 acres to be known as Ekaman Subdivision. The proposed subdivision is to consist of four residential lots, a stormwater management area lot, and a residual lot for residential use. The proposal includes the extension and addition of a culde-sac to the existing street right-of-way of Jefferson Terrace. The property is zoned R-10 (One Family Residence Zone) and is located south of but not adjacent to Wyoming Avenue and west of Monroe Terrace. Property Address: unaddressed on Jefferson Terrace extension (also referenced as 3.8904 acres of Wyoming Avenue Rear). Property Owner: Wyoming, LLC. Tax Parcel: ED-05-077-17-06-02.01-000. Council District 2. Subdivision Waiver Requests: Alternative Lot Configuration and Reduced Frontage on a Public Street (Stormwater Management Area Lot) and Increased Percentage of Lots on Cul-de-sac. Note: Any renaming of Jefferson Terrace (to Ekaman Way) is subject to a separate review process. This property was previously reviewed in 2013- 2015 as SB-13-06 Jefferson Terrace Subdivision; however, the plan was never finalized. 139

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Item 7. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF March 8, 2023 PLANNING COMMISSION MEETING OF March 20, 2023 Plan Title: College Road Apartments at Railroad Avenue/Grove Street, S-23-06 Plan Type: Site Development Plan Associated Plan: Raymond Street and Railroad Avenue Street Improvements, S-22-04 Location: North of College Road and East of the Lands of Delaware Railroad Address: Unaddressed off Railroad Avenue Tax Parcels: ED-05-067.00-02-53.00-000 ED-05-067.00-02-55.00-000 ED-05-067.00-02-54.00-000 ED-05-067.00-02-56.00-000 Applicant: Patel College Properties, LLC and Patel Excess College Road, LLC Site Area: 31.08 acres +/- (30.50 acres +/- net) Zoning: RG-5 (General Residence Zone for Mid-Rise Apartments) Current Use: Vacant Land (Open Space and Woodland) Proposed Use: Mid-Rise Apartments Dwelling Units: 385 units Parking: Required: 867 spaces Proposed: 683 spaces Sewer & Water: City of Dover Waiver Requests: Reduction of Parking Requirement For Consideration: Active Recreation Area Plan Recreation Area: Required – 1.61 acres +/- Provided – 1.67 acres +/- (72,771 SF) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 161

Item 7. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: March 8, 2023 APPLICATION: College Road Apartments at Railroad Avenue/Grove Street FILE #: S-23-06 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP, Principal Planner PHONE: 302-736-7196 I. PLAN SUMMARY This application is for review of Site Development Plan for construction of two 6-story mid-rise apartment buildings with a total of 385 units consisting of studio, 1 bedroom, and 2 bedroom units known as College Road Apartments at Railroad Avenue/Grove Street. The ground level of each apartment building is parking and the other site improvements include six 7-car garage buildings, parking lots, landscaping, and recreation areas. The Project also includes street construction/improvements to Raymond Street and Railroad Avenue. A Lot Consolidation Plan will combine the four parcels located east of Railroad Avenue for a total of 31.08 acres of land. These properties are zoned RG-5 (General Residence Zone for Mid-Rise Apartments). The subject area is located north of, but not adjacent to College Road, and east of the Railroad corridor in the vicinity of Raymond Street, Railroad Avenue, and Grove Street. Property Owners: Patel College Properties, LLC and Patel Excess College Road, LLC. Tax Parcels: ED-05-067.00- 02-53.00-000, ED-05-067.00-02-54.00-000, ED-05-067.00-02-55.00-000, and ED-05-067.00- 02-56.00-000. Council District 4. Waiver Requests: Reduction of Parking Requirement. Consideration of Active Recreation Area Plan. Existing Property: The subject project area for the project consists of four parcels with three parcels aligned east of the railroad corridor and a larger tract extending east to a boundary near the Fork Branch (waterway). The subject properties have frontage on the rights-of-way for Raymond Street, Railroad Avenue, and Grove Street. The property includes woodlands, wetlands, floodplain areas, and other open lands. In the northwest corner of the property is an area (former Atlantic Coast Environmental (A.C.E.) Facility) that is subject to an Environmental Covenant with DNREC. Surrounding Land Uses The surrounding parcels are a mix of zoning classifications, and some adjacent properties are not within the City of Dover. To the east across the Fork Branch is the Delaware State University main campus zoned IO (Institutional and Office Zone) and Subject to the SWPOZ (Source Water Protection Overlay Zone). To the north is a parkland area (part of Fork Branch Nature Preserve) owned by the State of Delaware (DNREC) zoned RS-1 (Single-Family Residential District) in 162

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 2 Kent County. To the west is the right-of-way of Railroad Avenue, the railroad corridor, and then on the west side of the railroad the College Business Park with properties zoned M (Manufacturing zone) and CPO (Commercial Professional Office Zone. To the south on the north side of Raymond Street. are two parcels also zoned RG-5 including the Mishoe Towers apartment complex and a property zoned RS-1 and RMH (Residential Manufactured Home) in Kent County. To the south in the area between Raymond Street and College Road, are a series of residential lots with RM-2 (Medium Density Residential Zone) and R-8 (One Family Residence Zone) in the City and other residential lots zoned RMH in Kent County and a parcel zoned IG (General Industrial) in Kent County. This area to the south includes single family detached dwelling, manufactured homes/mobile homes, and a multiplex (3-unit building at 299 College Road). There are several parcels zoned IO (Institutional and Office Zone) including a Delaware State University building at 255 College Road adjacent to the railroad tracks, Vera’s Haven a transitional housing development by People’s Place, and an area adjacent to the Fork Branch. II. PROJECT DESCRIPTION The Site Development Plan as submitted by the applicant for the College Road Apartments at Railroad Avenue consists of two (2) mid-rise apartment buildings with ground level parking (first floor) and five stories of residential units above. The site also has a series of parking lots and six (6) small garage buildings each with seven interior parking spaces. There is a sidewalk network throughout the site and walking paths connecting to active recreation areas. The applicant proposed street improvements for the extension of Raymond Street and the construction of Railroad Avenue in this area with Site Development Plan Application S-22-04 in order to provide street access to the apartment complex as the street network has not been fully constructed. The associated Plan proposed the realignment and continuation of Raymond Street for a distance of approximately 525 feet and the construction of Railroad Avenue for a distance north of approximately 400 feet ending in a cul-de-sac. The plan also proposes the dedication of right-of-way to bring the total right-of-way along its frontages with Raymond Street and Railroad Avenue to 60 feet in width. Preliminary Land Use Services Review (PLUS) An application (PLUS Review #2022-12-08) related to this Collage Road Apartments project was reviewed by the State’s Preliminary Land Use Services, as required by the City of Dover’s Memorandum of Understanding (MOU). It was reviewed by the State at the meeting on December 21, 2022. This MOU requires that non-residential developments of over 75,000 square feet or residential developments containing 125 or more dwelling units complete the PLUS Review process prior to application submission. Copies of the PLUS Review Comments are provided. The Applicant’s Response to PLUS have also been received and provided. III. PREVIOUS APPLICATIONS The subject property was annexed into the City of Dover in 2006 with Application AX-06-02– Lands of College Road Management Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC consisting of four (4) parcels containing 30.766 acres north of Raymond Street (aka Jason Street) and east of the railroad corridor and Railroad Avenue with the eastern boundary of the subject area being the river. At the time of annexation, it was rezoned M (Manufacturing Zone). Following an attempt for create an industrial subdivision with Application SB-08-01C College 163

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 3 Road Professional Park (a Conceptual Subdivision Plan that later expired), the properties were zoned in 2011 to RG-5 (General Residence Zone for Mid-Rise Apartments) with Application Z- 11-02 and Comprehensive Plan Amendment MI-11-01B for a change in land use classification. In 2021, the nearby street rights-of way were part of recent clarifying annexation into the City of Dover. The Annexation Application AX-21-04 was meant to clarify if the Rights-of-Way of Raymond Street (aka Jason Street), Grove Street, and Railroad Avenue were in the City Limits of the City of Dover. The right-of-way (width of 35 feet) was originally documented in a subdivision plat of “The College Settlement Company” of 1899. However, over the years many properties in the vicinity were annexed into the City, but it was unclear if the Rights-of-Way were consistently included. The Annexation Application went to Planning Commission in November 2021 and was referred to City Council on December 13, 2021, where Ordinance #2021-23 was adopted for the annexation clarification of the Rights-of-Way of Raymond Street, Grove Street, and Railroad Avenue totaling 1.6791 acres +/-. The Planning Commission in March 2022 granted conditional approval to S-22-04 Site Development Plan Application to permit the construction of street improvements in the Rights- of-Way of Railroad Avenue and Raymond Street; a series of Subdivision Waiver Requests related to the streets were not approved by City Council. These street improvements are to include paved roadways, curbing, sidewalks, and utility infrastructure (water, sewer, and stormwater drainage). Raymond Street is proposed to be extended west as a 24 ft. paved width roadway to intersect with Railroad Avenue. Railroad Avenue is proposed to be constructed as a 24 ft. paved width roadway extending to the north and ending in a cul-de-sac. IV. ZONING REVIEW: The subject area is unaddressed and is zoned as RG-5 (General Residence Zone for Mid-Rise Apartments). The RG-5 zone allows for the housing unit types of single family detached dwellings and mid-rise apartments (as defined in Zoning Ordinance, Article 12). Mid-rise apartment: Multiple dwellings where individual dwelling units share a common outside access, and elevators serve each floor. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the buil ding. The RG-5 zone requires that 25% of the lot area (property) be an open area which is not parking areas. See the following code excerpt for the bulk standards from Zoning Ordinance, Article 4 Section 4.6. RG-5 For Multiple Dwellings: Minimum required: Lot area (sq. ft.) 900 per dwelling unit Lot width (ft.) 100 Lot depth (ft.) 125 Front yard (ft.) 25 Side yard (ft.) At the ground level or at any setback level, one-sixth of the height of the nearest outside wall of the building measured in each case from the average level of the finished grade along the side of the building, but in no case less than 25 feet. 164

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 4 Rear yard (ft.) At the ground level or at any setback level, one-sixth of the height of the nearest outside wall of the building measured in each case from the average level of the finished grade along the rear of the building, but in no case less than 25 feet. Off-street parking 2/Du spaces Accessory 1 per employee or 1 per 300 sq. ft. of floor area, whichever is greater. commercial uses parking spaces Open space 25% of the lot area shall be devoted to open area, not including parking areas. Maximum permitted: Building height Stories 6 Feet 70 V. PARKING SUMMARY: The parking requirement for multiple dwellings in the RG-5 is listed as two spaces per dwelling unit. The parking requirement for apartments is based on a rate of two (2) parking spaces per dwelling unit plus 0.25 space per dwelling unit for visitor parking. Based on the number of dwelling units (385 units), this site would require 867 parking spaces. The plans submitted identify a total of 683 parking spaces located as the first floor of each apartment building, in parking lot around the perimeter of the complex including handicapped accessible parking spaces near each building, and within six (6) small garage buildings. Waiver Request: Reduction of Parking Requirement (Number of Parking Spaces) The Zoning Ordinance, Article 6 Section 3.9 allows the Planning Commission to consider adjustments to parking requirements. The Planning Commission in granting a parking reduction can require that an area of open space be designated where parking could be constructed. Parking is required at a rate of 2.25 spaces per dwelling unit for apartments (Zoning Ordinance, Article 5 Section 6); this requires 867 parking spaces based on the unit count and the proposed plan is for 683 parking spaces. The applicant has proposed a parking rate based on the type of apartment unit (studio, 1-bedroom, and 2-bedroom) and a visitor rate resulting in an overall rate of 1.78 parling spaces per dwelling unit. See Request Letter with analysis. Bicycle Parking The site plans submitted identify two (2) bike rack locations listed as covered parking outside of each building. Bicycle parking is required at a ratio of one space for every twenty parking spaces. Based on the 683 vehicle parking spaces, then thirty-five (35) bicycle parking spaces are required. Upright Curbing The upright cubing for parking lots and drive isles is required by the requirements of the Article 6 Section 3.6(b) of the Zoning Ordinance. 165

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 5 VI. SITE CONSIDERATIONS Access The project will include construction of a 24-foot paved width roadway with upright curbing on both sides for Raymond Street and Railroad Avenue. Railroad Avenue will also have on-street parking along its west side. There are two access (entrance/exit) points from the adjacent streets onto the apartment complex site. The main entrance is off the cul-de-sac terminus of Railroad Avenue and continues onsite as a main drive aisle leading east to Building #2 and connecting to multiple drive aisles of the parking lots. A second entrance is from Raymond Street connecting into a drive aisle within the southernmost parking lot area. All parking lota are interconnected by drive aisles. Rear Emergency Access Rear Emergency Access is required for some residential dwelling types. According to Article 5, Section 17 of the Zoning Ordinance a 24-foot Primary Fire Lane is required for Apartments that are 4 stories and greater to serve as rear access. This is to provide access to rear building areas. The plan has a series of fire lanes that encircle each building. The Fire Marshal’s Office will also evaluate these fire protection measures as related to the fire lane requirements of the applicable Fire Codes. Sidewalks Sidewalks are proposed along both sides of Raymond Street and Railroad Avenue where these streets front this subject site. The street improvements to Raymond Street will also continue the sidewalk along its south side completing the sidewalk system to Mishoe Street (which has existing sidewalk continuing to College Road. On-site, sidewalks are shown on the plans between the parking lots and fully surrounding the apartment buildings access points. Key board style crosswalks are shown on the plans at street intersections and across drive aisles on-site. On the east side of the parking lots and leading to the Active Recreation Area is a pathway system of sidewalk and then connecting to a paved trail system among the recreation amenities. Lighting The Plan proposes a series of light poles along the Raymond Street and Railroad Avenue. The lighting continues throughout all areas of the parking lots surrounding the apartment buildings and continuing east to the recreation areas. Dumpsters The Dumpster requirement for apartments is two Dumpsters for the first 48 units and one Dumpster for each additional 24 units or fraction thereof. Based on 385 apartment units, a total of sixteen (16) Dumpsters are required. There are five (5) dumpster enclosures (with space for 16 units) located at the parking lot perimeters. There must be space for both trash and recycling containers in these Dumpsters. VII. BUILDING ARCHITECTURE: The applicant has submitted example floor plans for the apartment buildings depicted the first floor (ground level) as parking and several entrance points to the building including a main lobby with elevator (found at building interior corner location0 and other elevator and stair towers. The 166

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 6 residential floors of each Building show a mix of studio, 1-bedroom, and 2-bedroom units and also a Yoga/Game Room per floor. Each apartment includes an inset balcony space. Each Apartment Building consists of six floors with the first floor as parking and the floors o2-6 as residential. The first floor is clad in stacked stone masonry with select areas of same masonry veneer continuing vertically. The exterior finishes of the apartment building walls consist of several colors (tan and white) of siding in both horizontal and vertical patterns with white trimwork. Window openings are predominately paired windows sets with glass door also utilized at the balcony areas. The hipped roof also includes paired turned gables highlighting the balcony areas. The main lobby points of entry for each building have a covered portico entry element. The Small Garage Buildings have a stone veneer watertable with stone cap and then horizontal vinyl siding for the wall surface along with an asphalt shingled hipped roof. There are seven (7) garage doors across the front of the structure leading to individualized garage bays (10’6” by 20’ bay). The second long side (rear) of the garage buildings is not depicted in the plan set. VIII. SPECIAL FLOOD HAZARD AREAS Flood Hazard Area The Zoning Ordinance, Article 5 §11.21 requires that flood hazard areas (100-year floodplain) remain as open natural areas with no impervious surfaces. These properties are found on the FEMA FIRM Panel of Kent County Delaware Map Number 10001C0166H effective date May 5, 2003. Portions of the subject property are within the Special Flood Hazard Area (100-year floodplain/ 1% chance of annual of flooding) as Zone AE; these are found in the eastern portion of the site. Additionally, the area immediately adjacent to the Fork Branch are also within the Floodway. The floodplain and floodway areas are not proposed for development. IX. TREE PLANTING AND LANDSCAPE PLAN: Zoning Ordinance, Article 5 Section 16 lays out the requirements for tree planting and preservation. A new project is required to provide tree planting at a rate of one (1) tree per 3,000 SF of “Development Area.” The existing woodland on-site is generally found in the eastern area of the property. The Zoning Ordinance Article 5, Section 16 defines “Woodland” as follows: Woodland. An area of contiguous wooded vegetation (7,500 square feet or greater), where trees exist at a density of at least one tree with a caliper dimension of six inches or greater per 375 square feet of land and where the tree branches form a contiguous canopy. According to plans, there are 23.14 acres of existing woodlands, and they propose to preserve 19.65 acres (84.9%) of these woodlands. Based on the 10.85 acres of non-woodland area for this development site, the minimum required number of trees is 158 trees. The site plans show 268 trees spread over the site around the parking lots and in the internal open space areas. The trees are a mix of deciduous, ornamental, and evergreen trees. The evergreen trees are placed as a screening of the adjacent properties to the southeast. Shade Trees The Land Subdivision Regulations references street trees but does not list specific spacing requirements. Shade trees are required to be located so as not to interfere with utilities or sidewalks. The Plan shows that some existing trees (in the right-of-way) are to be removed by the construction 167

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 7 for the extension of Raymond Street. The Plan proposes the planting of Greenspire Little Leaf Linden trees along Raymond Street and Railroad Avenue. Wetlands & Buffering The Zoning Ordinance, Article 5 §11.22 prescribes provisions related to wetland areas. It requires setbacks from wetland areas that are over 0.25 acres in size. This plan depicts wetlands which coincide with a water body that boarders the property and also in floodplain areas. A 100- foot setback is required; however, this setback can be reduced to 50 feet with implementation of a Riparian Buffer. Adjacent to the large wetland area, the plan shows a 50 foot riparian buffer where existing woodland/vegetation will be maintained, and also additional plantings implemented. A complete Wetlands Report is on file in the Planning Office for the subject property. X. ACTIVE RECREATION AREA Active Recreation Area Plan Review The Zoning Ordinance, Article 5 Section 10 sets out requirements to preserve areas of open space within residential developments which are designed to provide buffer spaces between developing areas, to preserve existing natural and historic features and to establish a network of open spaces within the built environment to provide a balance between developed and undeveloped lands, wildlife habitat conservation, the preservation of scenic view corridors, and to provide residents opportunities to engage in passive recreational activities. Zoning Ordinance, Article 5 Section 10.11 notes the purpose of providing Recreation Areas. Article 5 §10.1 Recreation areas. 10.11 Purpose. The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and which provide residents with a variety of active recreational pursuits. The amount of Active Recreation Area required is 275 SF per dwelling unit which would require 105,875 SF (2.43 acres) of area. However, the Zoning Ordinance does cap the amount of recreation area required at 10% of the gross area of the development. An itemized listing of the Recreation Areas and materials is given on the Plan sheet (Revised Sheet 10) See Recreation Plan Review Report for more detailed review (attached document). XI. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant (Review of Plan Submission dated 1/23/2023 Sheets 1-10): 1) Active Recreation Area: The applicant is responsible for providing an Active Recreation Area of a minimum 1.61acres. The Plans Applicant has provided information indicating they intend to provide 1.67 SF of Active Recreation Area. See Recreation Plan Review Report and Addendum for additional comments. a) Any revisions to the Active Recreation Area must be incorporated into the plan drawing and data/notes listings throughout the plan set. 168

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 8 b) The Active Recreation Area is scheduled to be reviewed by the Council Committee of the Whole: Parks, Recreation & Community Enhancement Committee on March 14, 2023. 2) Upright curbing shall be provided around all parking and drive areas in accordance with the requirements of the Zoning Ordinance unless a waiver is granted by the City Planner. Clarify if type of curbing proposed. 3) Cover Sheet/Sheet 1: a) Check spelling in all notes throughout plan set. b) The soils map is difficult to read; change soil labeling font style. c) List names of signees on behalf of property owners. d) Property Summary Column: i) Provide complete address of property owners (only street address line is provided). ii) List difference between gross and net property area. iii) Check survey dates. e) Identify any special name for the apartment complex. The has previously reviewed another project referred to as “College Road Apartments.” f) The Final Plan set will also need to include the Entrance Plan set, Stormwater Management Plan set, and a Record Plan for the Lot Consolidation Plan. 4) Sheet 2 – Existing Conditions and Demolition Plan: a) Adjust drawing to make College Road right-of-way visible at railroad crossing. b) Adjust label for railroad corridor ownership and add tie line. c) Label ownership information for the parcel at 255 College Road. d) Label Railroad Avenue right-of-way. e) Use different linework or method to identify the area subject to the environmental covenant. Provide information on details/limitations of this environmental covenant. f) Identify small circles shown on plan drawing (monitoring or testing wells?) g) Label Floodplain line for clarity. h) Label nearby street rights-of-ways, i.e., College Road, Mishoe Street, Conwell Street. i) Plan sheet doesn’t read as a Demolition Plan. This information may need to be provided on a separate sheet showing tree protection areas for tree preservation, items to be removed, etc. 5) Sheet 3 – Overall Site Plan (and also Sheet 4 – Site Plan): a) Fire Marshal Notes #3: for the Lock Box (Knox Box) contact the City of Dover Fire Marshal’s Office (not Fire Chief). b) Clarify the footprints of the small garage units as some linework is missing. c) Identify distance of northernmost row of parking to property line. d) Data Column listing: i) Check listing for missing spaces. ii) Clarify what is being considered the gross development area (for recreation area). iii) Required number of Dumpsters is 16 units. e) Waivers Required Notation: Remove reference to variances. Add action taken on this waiver request. f) List floodplain information. 169

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 9 g) Ensure parking spaces shown under building match building architectural plans and clarify elevator and entry locations to the apartment buildings. h) Number the garage buildings. i) Identify paving material for trail system on east side. j) Label wetland buffer areas to ensure existing woodland remains or new tree plantings are implemented in the buffer areas. 6) Sheet 6 – Utility Plan: Hydrants are also required along the new streets. 7) Sheets 7 and 8 –Landscape Plan: a) Label the tree species on the plan drawings; the use of graphic depictions for each tree specific is difficult to read/review. Also label the shrub plantings for clarity. b) The Landscape Plan must include certification note and signature/seal of authorized design professional (Landscape architect, architect, or Delaware Certified Nursery Professional). c) Identify any landscape planting plan around each apartment building. d) Tree placements providing shade to recreation amenity areas is encouraged. e) There a several conflicts of tree placement with other site improvements i.e., garage building, light poles, parking lot, plantings within existing woodland areas, etc. Also evaluate trees proposed on south side of Building #1 for conflicts with fire protection requirements. f) Please be aware of placement of any trees/landscaping with regards to any underground utilities/storm water management systems. 8) Clarify the preferred type of light fixtures for streetlights along Railroad Avenue and Raymond Street per City of Dover Electric Department. 9) Sheet 10 - Active Recreation Area Plan: See Revised Plan Sheet (clarified submission) of March 2, 2023 for current proposal. See the Active Recreation Area Report for review comments. 10) The Small Garage Buildings are technically accessory structures. In order to comply with the provisions of Zoning Ordinance, Article 1 Section 1.2, the two garage buildings located south of Apartment Building #2 must be relocated so that they are not between the building and the street (Raymond Street). 11) Dumpsters enclosures with unit counts have been added to the plans. Please provide detail on the dumpster enclosure construction and materials. 12) Please provide one or more detail sheets depicting required site details, including but not limited to bike racks, Dumpsters, traffic control signage, stormwater, and utility details, etc. 13) Provide the distance from the edge of parking/ drive aisles to each apartment building. With Multifamily Dwellings (Buildings) the Zoning Ordinance, Article 6 Section 5.3 requires a distance of 15 feet from the parking to the building. 14) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by the Kent Conservation District and/or DNREC must reflect the Site Plan layout and 170

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 10 design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. a) Clarify the approach to stormwater management for the project. b) Continued work should be done to communicate with the Kent Conservation District and/or DNREC and the City of Dover Public Works Department to identify how storm water flow will be managed from the construction of the Street Rights-of-Way. 15) Site development plan and uses must comply with any provisions of Brownfield Remedial Action Plans as approved by DNREC. 16) A separate Record Plan sheet must be submitted to show the consideration of the parcels to complete the Lot Consolidation to create the main parcel and to document the right-of-way dedication. a) The Record Plan must include cross access easements, any easements, or other items affecting the property lines. 17) Signs are subject to a separate review and approval process in the City of Dover. However, advice may be given on the locations of freestanding signs if they are included on the Site Plan. XII. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development 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 2.21 to 2.28. 1) Waiver Request: Reduction of Parking Requirements: Planning Staff recommends approval of the Waiver Request for the reduction in Parking Requirements. The Applicant is requesting a rate based on the type of apartment unit. Planning Staff further notes the overall proposed vehicle parking space figure is 683 parking spaces for the site overall, which should be sufficient and also reduces impact to natural areas on the site. The site includes bicycle parking and has proposed a sidewalk system connecting to sidewalks along proposed and current streets. The site may be within proximity of public transit routes along College Road. 2) Site Improvements: The Planning Staff has identified the following suggestions for improvements to the project/site design: a) Include some handicapped parking spaces within the ground level (covered) parking area. b) Include bicycle parking and/or storage areas within the ground level parking area. c) Add detailing to rear elevations of the small garages. d) Add handicapped parking spaces at east end of parking lot near recreation areas. e) Add clearance alerts for under building parking area entries. f) Add fencing and other recommended protection measures along the north property line adjacent to the State park area – Fork Branch Nature Preserve. Implement Nature Preserve 171

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 11 signage as recommended by DNREC. g) Ensure accessible pathways are connected to the sport court surfaces and fitness amenities. 3) Tree Plantings: Planning Staff encourage the use of native tree species especially in areas adjacent to the existing woodland areas to remain and due to the project’s proximity to area of the Fork Branch Nature Preserve. The applicant is recommended to consult with DNREC Staff on appropriate tree species for this area. 4) Planning Staff encourages this project to include the installation of Electric Vehicle Charging Stations in its parking lots/parking areas. Currently, the Zoning Ordinance does not require them, but many other jurisdictions have implemented such requirements. Electric Vehicle Charging Stations formats include EV-Capable, EV-Ready, and EV- Installed. XIII. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the request for any waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event, that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations regarding the Plan. 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) Following Planning Commission approval of the Site Development Plan and Record Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement (Final Plan Approval). The Record Plan must be recorded at the Kent County Recorder of Deeds and a copy returned to the Planning Office prior to Final Site Plan approval. 5) The applicant/developer shall be aware that prior to any development or ground disturbing activities on the site the appropriate site inspections and permits are required. This includes activities to clean-up existing vegetation, the import of fill dirt, etc. 6) The addresses for the new buildings proposed on the property will need to be confirmed with 172

Item 7. S-23-06 College Road Apartments at Railroad Avenue/Grove Street DAC Report of March 8, 2023 Page 12 the City’s Tax Assessment Office. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 8) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 9) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. Building Permits will be required for each building. 10) The applicant shall be aware that 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 may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance, Article 5 §4. 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. 173

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 1, 2023 APPLICATION: College Road Apartments at Railroad Avenue/Grove Street FILE #: S-23-06 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services 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 SANITATION 1. The proposed plan will require private trash collection services. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. 3. Submerged pipe inlets to ponds may only be permitted if they are so designed that the permanent pool elevation of the storm water management area doesn’t surcharge back into the City of Dover’s storm drain structures and system. 4. The City of Dover Department of Public Works specifications require all culverts to be designed for the 25-year storm frequency and all storm sewers to be designed for the 10-year storm frequency. The Manning’s equation shall be utilized in design as applicable. Storm sewers are required to provide a minimum full flow velocity of 2 fps. Provide the calculations for each proposed pipe segment that, at a minimum, include: upstream and downstream inverts, upstream and downstream ground elevations, and ground cover provided; pipe slope, length, material, n value, and diameter; design flow, depth and velocity; and full flow and velocity. 5. The City of Dover Department of Public Works specifications require that all inlets (catch basins) be designed for the 10-year storm frequency (25-year storm frequency for sump conditions) and that the spread of water shall not exceed eight feet (8’) from the flow line of the curb. The design must also meet the requirement that the hydraulic grade line may be no higher than one foot (1’) below the top of the inlet. Provide the calculations for each proposed catch basin utilizing flows determined by each catch basin’s contributory drainage area, for the appropriate storm frequency. Spread, depth of flow and hydraulic grade line data for each inlet must also be included. Any carryover should also be noted and included at appropriate downstream catch basins as applicable. 6. Provide all stormwater management calculations and erosion and sedimentation control plan as required by Article 5, Section 11.2 and 11.2 of the City of Dover Zoning Ordinance. Ensure that individual lot grading, house locations with finished floor 174

Item 7. College Road Apartments at Railroad Avenue/Grove Street File #: S-23-06 March 1, 2023 Page 2 of 5 elevations, and driveway locations and grades are provided on the plans in order to verify the adequacy of the design. The provided information should also show adequate conveyance of runoff from each lot. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. 2. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 3. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. 4. When determined to be necessary, dead-end streets, designated to be so permanently, shall not be longer than 400 feet and shall be provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20 percent of the lots in a proposed development front on the turnaround section of a cul-de-sac. 5. Streets shall be laid out so as to intersect as nearly as possible at right angles. The inner right-of-way line of a street intersecting another street at an angle of less than 90 degrees shall be tangent to and follow a curve with a minimum radius of 150 feet centered on the nearest right-of-way line and shall be parallel to said inner right-of-way line. 6. Street right-of-way lines deflecting from each other at any point shall be connected with a curve, the radius of which, for the centerline of the right-of-way, shall not be less than 500 feet on arterial streets, 300 feet on collector streets and 150 feet on minor streets. The outer and inner right-of-way line shall be parallel to said center right-of-way line. 7. Street rights-of-way lines at intersections shall be connected with a curve, the radius of which shall be at least 25 feet. The required radius may be increased by the city engineer if the increased radius is necessary for public safety. 8. Street grades shall not exceed five percent. 9. Street grades shall not be less than one-half percent wherever feasible. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. Please be advised that effective May 1, 2022, water mains can now be constructed using C900 PVC pipe. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to 175

Item 7. College Road Apartments at Railroad Avenue/Grove Street File #: S-23-06 March 1, 2023 Page 3 of 5 approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically, this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90 ) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Based on the number of units proposed, the water main will be required to be twelve inches (12”). This would also require the existing water main on Raymond Street and Mishoe Street to be upgraded to twelve inches (12”) as well. This is required to meet the necessary fire flow protection in this area. This upgrade will be the responsibility of the developer. 8. Each building shall have one (1) water service. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer mains showing that velocity and all other requirements are met. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. The downstream pump station must be evaluated by the developer / engineer to verify it can handle the additional effluent flow. 176

Item 7. College Road Apartments at Railroad Avenue/Grove Street File #: S-23-06 March 1, 2023 Page 4 of 5 GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. No structure may be installed within ten feet (10’) of utility infrastructure, please depict all underground utilities and structures on the utility plan sheet to confirm compliance. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STORMWATER / STREETS / WATER / WASTEWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. 177

Item 7. College Road Apartments at Railroad Avenue/Grove Street File #: S-23-06 March 1, 2023 Page 5 of 5 SANITATION / STORMWATER / STREETS 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 . 178

Item 7. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MAR 1, 2023 APPLICATION: College Road Apartments at Railroad Avenue/Grove Street FILE #: S-23-06 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Operations Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all existing underground electric, communications and water facilities. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 179

Item 7. College Road Apartments at Railroad Avenue/Grove Street File #: S-23-06 Mar 1, 2023 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets if the new load requirements will change as soon as possible to verify 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. 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 . 180

C F S-23-06 I I Item 7. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: March 1, 2023 D S O H V A E L APPLICATION: College Road Apartments at Railroad Avenue/Grove Street R FILE #: S-23-06 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 residential/apartments and storage/garages. 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 100% for the apartments and 50% for the garages and clearly shown on the plans. Perimeter Access minimum width shall be10 feet for one-story buildings and 15 feet for buildings of two or more stories, 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) Where parking is located between the building and perimeter access area, parking shall not be located closer than 10 feet to the exterior wall for one-story buildings and 15 feet to the exterior wall for building of two or more stories. 5. Fire lanes shall cover 75% for the apartments of the proposed building. 181

Item 7. 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) 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. Emergency access to rear building areas compliant with City of Dover Code (Appendix B-Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear. 12. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 182

Item 7. 13. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 14. Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2021 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 15. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 16. 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) 17. Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. City Ordinance Sec 46-9 (f). 5.1.1 Hydrant spacing as shown in the Fire Flow Tables shall be used as a general rule. Hydrants shall be located at the direction of the State Fire Marshal so as to minimize friction in fire hose. All hydrant spacing shall be located along available roads or at the direction of the State Fire Marshal. This measurement shall be calculated by way of accessible thoroughfare(s) from the building to be protected to the hydrant and may not necessarily be a radius. 5.1.3 Additional hydrants shall be provided when the State Fire Marshal deems it necessary based on the configuration of the site, building(s), exposures, construction, occupancy, and/or specific hazard(s). Fire Flow table 2, hydrant spacing shall be 800 feet on center for one and two family detached dwellings, other 183

Item 7. residential, rowhouses and townhouses, assembly, health care, business, education, storage, industrial, mercantile, and mini storage. (702, Chapter 6) 18. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 19. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2021 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 20. Hydrants are to be Darling Co. B-62-B Breakaway https://american-usa.com/products/valves-and- hydrants/fire-hydrants/5-1-4-american-darling-b-62-b-5 21. 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 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. 184

Item 7. (City Code of Ordinances 46-171) 22. 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 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. 185

Item 7. 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) 23. 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) 24. 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) 25. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 26. 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) 27. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed in Regulation 701 as well as the following areas or buildings: In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet in height or over, In any building over three (3) stories, In any building over 35 feet in height, In any building that has a floor above the first floor over 10,000 square feet gross floor area, In all buildings where the 1st floor exceeds 60,000 gross square feet, 186

Item 7. a Class I horizontal standpipe system installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in accordance with the applicable codes and standards listed in Regulation 701. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one floor below the highest forms of staging, The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the highest intermediate landing between floor levels in every required exit stairway, Where intermediate landing is not provided, hose connections shall be permitted to be located at the main floor landings in exit stairways when approved by the authority having jurisdiction, Where the local fire department has the capability of providing the required pressure, hydraulically designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the required waterflow rate. A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2021 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) 28. 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. 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) 29. 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 187

Item 7. 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) 30. 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) 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) 188

Item 7. Knox Box to be mounted 6 feet above ground level 31. 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 32. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2021 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 33. Buildings over 25,000 Sq. Ft are to have radio performance testing done prior to Final CO. This must be scheduled in advance with an authorized vendor. 34. Project to be completed per approved Site Plan. 35. Full building and fire plan review is required. 36. 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. 37. Construction or renovations cannot be started until building plans are approved. 38. 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. 39. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 40. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings for revocations or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful (see section 4 for penalties). 1.1 No building permit shall be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to, a public street improved to the satisfaction of the planning commission, or without access to a public sewer. 189

Item 7. 1.2 No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning commission, except upon approval of such plans approved by the said commission. 1.21 No building permit shall be issued for any building in a subdivision unless the subdivision plot has been approved by the planning commission. 1.3 No building permit shall be issued for a building to be used for any conditional use in any zone where such use is allowed only with approval of the planning commission, unless and until such approval has been duly granted by the said commission. (Ord. of 7-12-1993, § 3) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. This is a midrise building, please refer to the 2021 Delaware State Fire Prevention Regulations for additional requirements (supplied at the end of this packet) 2. Please confirm that the garages has 50% perimeter access as outlined in item # 4 listed above 3. Please confirm that the Fire Lane is 24’ wide at building 1 by the garages 4. Please confirm that there is 15’ between the building and parking as outlined in item # 6 listed above 5. Please confirm that the cul-de-sac is in compliance with the 2021 Delaware State Fire Prevention Regulations as outlined in item # 14 listed above. 6. Please confirm that the fire hydrant spacing is 800’ on center as outlined in item # 17 listed above. 7. Please confirm that a fire hydrant is within 300’ of each FDC as outlined in item # 25 listed above 8. Please confirm/ensure the landscape plan does not interfere with Fire Lanes and Perimeter Access 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. 190

Item 7. “Mid Rise Building” Any building within the following occupancy classification that exceeds 50 feet in height and up to 75 feet in height. Health Care Occupancies Ambulatory Health Care Detention and Correction Occupancies Residential to include Hotels, Dormitories, Lodging and Rooming Houses, Apartments/Condominiums, Residential Board and Care Chapter 5 Mid Rise, High Rise and Large Area Buildings 1.0 Application 1.1 This chapter shall apply to all new buildings and this chapter shall apply to all existing buildings that undergo a change in occupancy. 1.2 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. 1.3 Any proposal that is presented to the Office of the State Fire Marshall 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. 19 DE Reg. 843 (03/01/16) 2.0 Mid Rise Building Fire Protection Features Required. 2.1 Fire Command Center 2.1.1 Every Mid Rise building shall contain a fire command center for fire department operations in a location reviewed by the responsible Fire Chief and approved by the Office of the State Fire Marshal. 2.1.2 The fire command center shall contain the following: 2.1.2.1 Fire detection and alarm system annunciator panels and smoke management panels 2.1.2.2 Status indicator for elevator and annunciator indicating which elevators are operational 2.1.2.3 Status indicators and controls for air handling 2.1.2.4 Emergency power, light and system controls; and status indicators 2.1.2.5 Telephone and internet access for fire department use 2.1.2.6 Emergency and standby power status indicators 2.1.2.7 Generator supervision devices and manual start and transfer features 2.1.2.8 Controls for unlocking fire exit stairway doors simultaneously 2.1.2.9 Controls required for smoke control 2.1.2.10 Important Keys to include 191

Item 7. 2.1.2.10.1 Elevator machine room 2.1.2.10.2 Elevator hoistway door access key 2.1.2.10.3 Side access door elevator car key 2.1.2.10.4 Electric room keys 2.1.2.10.5 Fire pump room keys 2.1.2.10.6 Mechanical room keys 2.1.2.10.7 Any master key 2.1.2.11 As built drawings. Specific types and format of drawings to be determined by the Office of the State Fire Marshal at time of plan review. 2.1.3 The Office of the State Fire Marshal may reduce the requirements of §1.1.2 of this Chapter if the Office of the State Fire Marshal determines that a specific item is not necessary for a specific building. 2.1.4 It is not the intent of this section to require a room solely for the purpose of a fire command center. The fire command center can be constructed as part of a lobby, security office, or other accessible gathering area. However, this area must meet the minimum criteria specified in this section for equipment, location, and personnel use. 2.2 Fire Alarm and Detection 2.2.1 Every Mid Rise building shall be provided with a fire alarm and detection system in accordance with the Life Safety Code, (NFPA 101) and other provisions of the Delaware State Fire Prevention Regulations. 2.2.2 Every Mid Rise building shall be provided with a standard manual fire alarm system with audio and visual devices in accordance with the National Fire Alarm Code (NFPA 72). 2.3 Smoke Management 2.3.1 Every Mid Rise building shall have fire exit stair tower pressurization in accordance with NFPA 92 and include Areas of Refuge if located in an enclosed area other than an exit stair tower. 2.3.2 Except for the lobby at main entrance level, all elevators lobbies shall be separated from the remainder of the floor by a smoke barrier. The elevator lobby is permitted to serve additional elevators. 2.3.3 The elevator lobbies shall be permitted to be open to the remainder of the floor in buildings equipped with a mechanical smoke control system that will restrict smoke and hot gases from entering the elevator shaft on the fire floor. 2.4 Standby Power, Light, and Emergency Systems 2.4.1 Every Mid Rise building shall be provided with an emergency power supply. 2.4.2 Standby power, light and emergency systems shall comply with the provisions of NFPA 110, or NFPA 111 as adopted and modified by these Regulations. 2.4.3 The fuel supply located on premises shall be sufficient for not less than two hours of the full demand operation of the system. 2.4.4 The standby system shall have a rated capability needed to simultaneously supply all equipment required to be operational during an emergency. 2.4.5 All required lighting, smoke management pressurization, electrically powered fire pumps and at least one elevator shall be connected to the standby power source. Elevators shall be provided with a selective load switch to allow transfer of power to each elevator. This will permit each elevator to be returned to the lobby and placed out of service except for fire department service. 192

Item 7. 2.4.6 Emergency Systems. Exit signs, exit illumination, and elevator car lighting shall be considered emergency systems, shall be connected to the standby source and shall operate within ten seconds of failure of the normal power supply. 2.4.7 Areas of Refuge. Areas of Refuge shall be provided in accordance with the requirements of this Regulation, Chapter 3. 13 DE Reg. 629 (11/01/09) 19 DE Reg. 843 (03/01/16) 193

Item 7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: College Road Apartments at Railroad Avenue / Grove Street FILE#: S-23-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Johnson PHONE#: 302-760-2141 =============================================================== 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. The developer should schedule a pre-submittal meeting to discuss the development with DelDOT Subdivisions. The intersection of College Road and Mishoe Street should be evaluated as the site entrance. 194

KENT CONSERVATION DISTRICT Item 7. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY MARCH 2023 APPLICATION: College Road Apartments at Railroad Ave/Grove Street FILE #: S-23-06 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: 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: 1. A Stormwater Assessment Study (SAS) and pre-application meeting are required. 2. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by the District prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to the District’s office. 3. The following notes must appear on the record plan: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, or delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. A soils investigation in the proposed Stormwater facility areas is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 195

Item 7. De l awa re S ta te Univ ersity ge lle Co Old a M is h M ilm ol ay is W ra m ho ti a Ve Area on d e R Ja 2 1 R so n Area re C a o A St nw 3 re e l et l ol le C ge nw Pa ge Co le ol el l rk C Scar bo r gh ou ins tm es W ter Location Map Exhibit S-23-06 College Road Apartments at W o o d c r es t z pa Railroad Avenue/ Grove Street To M Date Prepared: 03/07/2023 Ü cK e e e in m ar Source: Esri, Maxar,0GeoEye, 112.5 Earthstar 225 450 Geographics, 675 CNES/Airbus Feet 900 DS, ua 196 Aq USDA, USGS, AeroGRID, IGN, and the GIS User Community

Christiana Executive Campus Item 7. 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com January 23, 2023 PLAWX-19001 Ms. Mary Ellen Gray, AICP, Director City of Dover Department of Planning & Inspections 15 Loockerman Plaza Dover, Delaware 19901 RE: College Road Apartments Project – Off-Street Parking Waiver Request Railroad Avenue/Grove Street – City of Dover, Kent County, Delaware Dear Ms. Gray: As you are aware, the proposed College Road Apartments Project consists of two six-story apartment buildings with a total of 385 units. According to the City of Dover Zoning Code, off-street parking in the amount of 2.25 spaces per unit is required. This would equate to 867 off-street parking spaces (385*2.25=867). Please consider that, between the two buildings, the units are broken down as follows: • 155 Studio Units • 175 1-Bedroom Units • 55 2-Bedroom Units 385 Total Apartment Units As discussed at our December 20, 2022 Pre-Application Meeting, we believe that the requirement of 2.25 parking spaces per unit for these buildings – considering the fact that 330 of 385 of the proposed apartments will be studio or 1-bedroom units – is excessive. By comparison, we researched adjacent municipal zoning codes to determine what their off-street parking requirement would be for this project. These municipalities include the following: • City of Newark • Kent County • New Castle County • City of Seaford The following table summarizes our analysis: OFF-STREET PARKING REQUIREMENT ANALYSIS Municipality Parking Requirement Required Spaces City of Newark 2 Per Unit 770 Kent County 1.5 Per Efficiency, 1.75 Per 1-Bed, 2 Per 2-Bed 650 New Castle County 1.5 Per 1-Bed, 2 Per 2-Bed + 1 Per 5 Units 683 City of Seaford 2 Per Unit 770 City of Dover 2.25 Spaces Per Unit 867 197

PLAWX-19001 January 23, 2023 Page 2 Ms. Mary Ellen Gray, AICP College Road ApartmentsItem 7. We believe that an off-street parking requirement for this project shall be based more on the type of unit (i.e., studio, 1-bedroom) rather than the total amount of units, similar to what Kent County and New Castle County incorporate in their zoning codes. Therefore, the parking rationale illustrated on our Preliminary Site Plans incorporates the following formula (similar to New Castle County): Proposed Parking Rationale: 1.5 Per Studio & 1-Bed, 2 Per 2-Bed + 1 Per 5 Units (Overflow) (1.5*330)+(2.0*55)+(385/5) 683 Spaces Based on this approach, there should be 683 off-street parking spaces for the unit mix proposed with this project. There are 683 parking spaces proposed on the Preliminary Site Plans. On behalf of the developer, please consider this letter as a formal waiver request from the off-street parking requirement of 2.25 spaces per unit (867 parking spaces). An off-street parking requirement of 1.5 Per Studio & 1-Bed, 2 Per 2-Bed Plus 1 Per 5 Units is being sought (683 parking spaces). Thank you for your continued assistance with this project. If you have any questions/comments or require additional information, please do not hesitate to contact me at this office. Respectfully submitted, PENNONI ASSOCIATES INC. Gregory B. Rishel, RLA Division Manager 198

Christiana Executive Campus 121 Continental Drive, Suite 207 Item 7. Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com January 25, 2023 PLAWX-19001 Mr. David L. Edgell, AICP Director, Office of State Planning Coordination State of Delaware Executive Department 122 Martin Luther King Jr. Boulevard South Haslet Armory – Third Floor Dover, Delaware 19901 RE: PLUS Review 2022-12-08 College Road Apartments Dear Mr. Edgell: Thank you for meeting with us on December 21, 2022 to discuss the above referenced project. We have received your review letter dated January 23, 2023 (attached as reference). On behalf of the developer, we acknowledge receipt of these comments which will be fully considered during the land development design phase of the project. The following responses shall be noted at this time: Strategies for State Policies and Spending • The proposed improvements are located within a Level 1 investment area where infrastructure is existing or readily available, and where future redevelopment projects are expected and encouraged. • The Office of State Planning Coordination has no objections to the site plan. Code Requirements/Agency Permitting Requirements Department of Transportation • DelDOT will accept an Area Wide Study (AWS) Fee in lieu of a Traffic Impact Study. • The developer will submit a Letter of No Objection to Recordation (LONOR) Application and Entrance Plan Application to DelDOT. Department of Natural Resources and Environmental Control • Provisions will be incorporated so that access to the Fork Branch Nature Preserve is provided through the subject property within the Railroad Avenue right-of-way. • Fencing with wind screening and signage (to be provided by the Office of Nature Preserves) may be added between the subject site and the Fork Branch Nature Preserve, where appropriate. • There is no proposed impact to wetland areas. • A 50’ wide vegetated buffer is proposed adjacent to wetland areas. • No structures or features, except for a proposed active recreation trail, are proposed within the floodplain. • A Detailed Sediment and Stormwater Plan Application will be prepared. 199

PLAWX-19001 January 25, 2023 Page 2 Item 7. Office of State Planning Coordination College Road Apartments • There is no land disturbance within the Excellent Groundwater Recharge Area. • The subject property is not located within the 10-mile Emergency Planning Zone (EPZ) for the Salem Nuclear Power Plant. • There are no known archaeological sites or known National Register listed or eligible properties on the parcel assemblage. Recommendations/Additional Information DART First State • Covered bicycle parking may be provided. Department of Natural Resources and Environmental Control • Natural habitats will be conserved to the maximum extent practicable. • Appropriate erosion and sediment control measures will be taken curing construction activities. • Removing forested areas for development will be avoided to the greatest extent possible. • The developer will consider voluntarily participating in the Natural Areas Preservation Program. • Electric vehicle (EV) charging stations may be incorporated within the parking areas. • According to FEMA’s National Risk Index, the parcel is considered relatively low for overall natural hazards risks. Delaware State Housing Authority • DSHA supports the site plan. We thank you for your continued assistance with this project. If you have any questions/comments or require additional information, please do not hesitate to contact me at this office. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE Associate Vice President Attachments 200

Item 7. Srlrp orDpuw.qRn Expcurtvn DBP.tRrnnnNr Opnrco or Srarp Pl,tNNtNc CooRotNluou January 23,2023 Andrew Shields Pennoni Associates, Inc. Christiana Executive Campus 121 Continental Drive, Suite 207 Newark, DE 19713 RE: PLUS review -2022-12-08; College Road Apartments Dear Mr. Shields: Thank you for meeting with State agency planners on Decembet 21, 2022 to discuss the proposed plans for the Colege Road Apartments. According to the information received and the teuised siie plan presented at the PLUS meeting, you are seeking review of a site plan for the construction of 2 six-story apartment buildings with a total of 332 dwelling units, parking, and other site improvements. Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the Stut". Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State, and local regulations regarding this property. We also note that as the City of Dover is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the City. Stratesies for State Policies and Spendins The proposed improvements to the site are located in a Level 1 investmerrt atea, which is consistent with the 2020 Strategies for State Policies and Spending. A large portion of parcel2- 05-06700-02-5600-00001 is located in an Out of Play area according to the 2020 Strategies for State policies and Spending. Out of Play areas are defined as areas not available for private development. Specifically, this site contains 100 Year Floodplain, requires a wetland buffer, and is part of the Delaware Ecological Network. The site is located in the municipal boundary of the City of Dover. Investment Level 1 reflects areas that are already developed in an urban or suburban fashion, where infrastructure is existing or readily available, and where future redevelopment or infill L22 Martin Luther King Jr. Blvd. South - Haslet Armory ' Third Floor ' Dover, DE 19901 phone (302)739-3090 . Fax (302) 739-5661. www. stateplanning.delaware.gov 201

Item 7. PLUS review 2022-12-08 Page2 of 19 projects are expected and encouraged by State policy. Development in Level 1 is consistent with the 2020 Strategies for State Policies and Spending; therefore, the Office of State planning Coordination has no objections to this site plan provided that no development occurs in the Out of Play areas directly adjacent to the Level I areaand the improvements avoid environmental features on the site and meet the relevant codes and ordinances of The City of Dover. Code Requirements/Agencv Permitting Requirements Department of rransportation - contact stephen Bayer 302-760-4834 o The following access comments refer to what DeIDOT will be looking at regarding entrances during the plan review process. As there are different ways for sites to access the state-maintained road network, the comments reflect what roads and access points DeIDOT will be looking at when the applicant submits plans for review and approval. The site access on College Road (KCR 99) through Mishoe Street (Municipal Road) must be designed in accordance with DeIDOT's Development Coordination Manual, which is available at http:/hwvw.deldot.gov/Business/subdivisions/index.shtml?dc:changes. o Pursuant to Section 1.3 of the Manual, a Pre-Submittal Meeting is required before plans are submitted for review. The form needed to request the meeting and guidance on what will be covered there and how to prepare for it is located at 022 17. Previous Project Coordination meetings are not sufficient for this pu{pose. Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DeIDOT anticipates collecting the Initial Stage Fee when the record plan is submitted for review and the Construction Stage Fee when construction plans are submitted for review. o Per Section 2.2.2.1of the Manual, Traffic Impact Studies (TIS) are warranted for developments generating more than 500 vehicle trip ends per day or 50 vehicle trip ends per hour in any hour of the day. Using the 1lth edition of the Institute of Transportation Engineers' Trip Generation Manual, DeIDOT estimates that the subject development, consisting of 332 mid-rise multifamily housing units, would generate 1,504 vehicle trip ends per day and estimates the weekday morning and evening peak hour trip ends at 131 and I27, respectively. Therefore, a TIS would normally be required. o Section 2.2.2.2 of the Development coordination Manual provides that for developments generating less than 2,000 vehicle trip ends per day and less than 200 vehicle trip ends per hour in any hour of the day, DelDor may accept an Area Wide Study (AWS) Fee in lieu of the TIS if the local government does not require a TIS. The AWS Fee is calculated as $10 per daily trip or, in this case, $15,040. AWS Fees are used to fund traffic studies, not to build improvements. 202

Item 7. PLUS review 2022-12-08 Page 3 of 19 o The purpose of a TIS, per DeIDOT regulations, is to determine the offsite improvements for which the developer should be responsible to build or contribute toward. DeIDOT anticipates requiring the developer to improve College Road, within the limits of their frontage or within the limits needed for construction of any required auxiliary lanes, to meet DeIDOT's standards associated with its Functional Classification. College Road is a Minor Arterial, for which the standard includes 12-foot lanes and 8-foot shoulders. Frontage, as defined in Section 1.8 of the Manual, includes the length of roadway perpendicular to lines created by the projection of the outside parcel corners to the roadway. o Questions regarding the requirement to improve the site frontage should be directed to the Kent County