11-20-23 REVISED Planning Commission Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, November 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 November 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 system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of November 20, 2023 Join by Phone Dial: +1-650-479-3208 Access code: 253 091 87615 (Password: 3683772) Join Online: https://bit.ly/PCMeeting11202023 Webinar Number: 2530 918 7615 Event password: Dover PC 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 Welcome to new Planning Commission Member as appointed October 23, 2023 for a Three Year Term to Expire June 2026 representing District 1: Mark Reeves ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of October 16, 2023 1

PLANNING COMMISSION - November 20, 2023 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date December 18, 2023. Update on City Council Actions Department of Planning & Inspections Updates Education and Training Opportunities 2. Advanced Land Use Law, Wednesday, December 20, 2023, 10:00 AM to 12:00 PM via Zoom Planning 101, Wednesday, January 17, 2024, 9:00 AM to 12:00 PM, Kent County Levy Court Building Projects and Studies Activity Updates 3. Update on C-2 Code Amendments Project for Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request for Extension of Planning Commission Approval Pending Development Application: 4. S-23-19 Windward Ridge Apartments on West Denneys Road – Continued Review of a Site Development Application for the construction of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED-05- 056.00-01-02.00-000, ED-05-056.00-01-03.00-000, and ED-056.00-01-04.00-000. Council District 1. Review of Active Recreation Area. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. This subject area was annexed with Application AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road. At the October 16, 2023 Meeting, the Planning Commission conducted a Public Hearing and then deferred action on Application S-23-19 seeking additional information. 2

PLANNING COMMISSION - November 20, 2023 PAGE 3 NEW APPLICATIONS 5. C-23-02 Mt. Zion AME Church Building Addition at 101 North Queen Street (and 107 North Queen Street) - Public Hearing and Review of a Conditional Use Site Plan for an addition (1,402 SF footprint) to the Place of Worship (Church) building. The subject properties are zoned RG-1 (General Residence Zone). The properties totaling 11,500 SF are located at the northeast corner of N. Queen Street and Fulton Street. The owner of record for both parcels is A.M.E. Church of Dover. Property Addresses: 101 N. Queen Street and 107 N. Queen Street. Tax Parcels: ED-05-076.08-03-37.00-000 and ED-05-076.08-03-38.00-000. Council District 4. The site was granted a variance to increase the area permitted to be covered by buildings (Board of Adjustment Application V-23-04). 6. S-23-20 Cold Storage Warehouse at 451 Garrison Oak Drive - Public Hearing and Review of a Site Development Plan for a 165,000 SF Warehouse with associated site improvements. The site is located at Lot 8 of the Garrison Oak Business & Technology Park. The property is zoned IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center) and partially subject to the SWPOZ (Source Water Protection Overlay Zone: Tier 2 Primary Wellhead Protection Area). The property of 11.53 acres is located on the south side Garrison Oak Drive. The owner of record is the City of Dover; and the equitable owner is SLS Equity Partners. Property Address: 451 Garrison Oak Drive. Tax Parcel: LC-05-068.00-02-08.00-000. Council District 3. Waiver Requests: Partial Elimination of Upright Curbing and Reduction of Parking Requirement. For Consideration: Performance Standards Review Application. The site was granted two variances to reduce setbacks related to building height and to increase the maximum lot coverage to 71% (Board of Adjustment Application V-23-05). 7. S-23-21 BHD Operations Facility at 250 Garrison Oak Drive - Public Hearing and Review of a Site Development Plan for a 6,000 SF Office Building with 4,000 SF Truck Maintenance Garage, parking and storage area for collection trucks and containers, a refueling station, and with associated site improvements. The site is located at Lot 11 of the Garrison Oak Business & Technology Park. The property is zoned IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center). The property of 10.755 acres is located on the west side of Garrison Oak Drive. The owner of record is Trash Gurls, Inc. Property Address: 250 Garrison Oak Drive. Tax Parcel: LC-05-068.00-02-11.00-000. Council District 3. For Consideration: Performance Standards Review Application. NEW BUSINESS ADJOURN Posted Agenda: November 9, 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 OCTOBER 16, 2023 The Meeting of the City of Dover Planning Commission was held on Monday, October 16, 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 (virtual), Mr. Roach (virtual), Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), and Mrs. Maucher. Mrs. Malone has completed her service choosing not to be reappointed. A new Commission member has not been appointed. Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason Lyon (virtual), Mrs. Sharon Duca (virtual) and Mrs. Kristen Mullaney. APPROVAL OF AGENDA Dr. Jones moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion was carried 8-0. APPROVAL OF MEETING MINUTES OF SEPTEMBER 18, 2023 Mr. Baldwin moved to approve the Planning Commission Meeting Minutes of September 18, 2023, seconded by Dr. Jones and the motion was unanimously carried 8-0. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Monday, November 20, 2023, at 7:00PM in the City Hall Council Chambers. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on September 25 & 26, 2023 and October 9 & 10, 2023. Mrs. Melson-Williams stated that we have had some Staff changes since the last meeting. Mr. Julian Swierczek was a Planner II with the City of Dover. His last day with the City was October 6, 2023. Today he started his new career as a Planning Staff member with the City of Alexandria, Virginia. We wish him the best. The second person that we are missing is Mrs. Mary Ellen Gray who served as the City Planner and Director of the Department of Planning and Inspections. Friday was her last day with the City of Dover. She is starting next week with the City of Rehoboth as their Planning and Community Development Director. She does note that it was a pleasure to serve and work with members of the Planning Commission. She is not moving anywhere; she will still continue to reside in Camden, DE. So, you might see her in your travels. She notes that she hopes that she was of value to both the Planning Commission and Staff during her time here at the City and she wishes us the best and success in our endeavors at the City of Dover in planning for its future. “Bear with us” is the key message coming out of the Planning Office. They will do their best to serve. She will note that the City Manager’s Office is lending a hand in that the Assistant City Manager, Sharon Duca is helping with the administration of our overall Department. Ms. Duca has actually joined us online this evening to lend an ear and see what fun we have at Planning Commission meetings. Mrs. Melson-Williams stated that last week the Planning Staff held a series of meetings and a 1 4

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Workshop focused on the C-2 (Central Commercial Zone) code amendments. This is a project that we are working on associated with the Transforming Downtown Dover Capital City 2030 Plan. We provided the Commission the highlights flyer. Basically with this, they have started to look at the C-2 (Central Commercial Zone) in particular and have a series of potential concepts for future text amendments. They will be reporting to City Council next week on those initial concepts and hopefully moving forward with text writing of text amendments which will be a package that will ultimately come forth to the Planning Commission for a formal review process. We are in the concept stage. For those that may be listening or watching us this evening, from that Workshop there is a memo that presents the summary and the PowerPoint. Some other information is available on the City’s website if you find your way to the City Meetings Calendar and take a look at the October 11, 2023 meeting which was the Walk-in Workshop that we offered to the public. 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: C-21-07 Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane - Request for a One-Year Extension of the Planning Commission Approval granted on November 15, 2021 of a Conditional Use Site Plan Application to permit the construction of two (2) Warehouse Buildings with a combined size of 296,400 SF, a trailer parking area, and associated site improvements. Building A is proposed at 132,600 SF and Building B is proposed at 163,800 SF. The property is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): Accident Potential Zone I (APZ I) and Noise Zone A. The property consists of 30 acres and is located on the south side of Lafferty Lane between Bay Road and Horsepond Road. The owner of record is First State Business Center, LLC and the equitable owner is Jack Lingo Asset Management, LLC. Property Address: 30 Lafferty Lane. Tax Parcel Number: ED-05-077.00-01-28.03-000. Council District 2. PLUS Review: #2021-08-04. Approved Waiver Request: Partial Elimination of Sidewalk. Approved Performance Standards Review Application. The Final Site Plan Approval was granted on April 25, 2023. Representative: Mr. Doug Motley, Jack Lingo Asset Management Mrs. Melson-Williams this is a Request for a One-Year Extension. The project was C-21-07 under the name of Lands of First State Business Center, LLC. It is a property out on the south side of Lafferty Lane. It came to be more commonly known as the Dover Logistics Center. It was a project for two warehouse buildings at that location. As noted, the Planning Commission considered this and granted conditional approval back in November 2021. With that, that kicked off the initial two years of eligibility for the project which would have it expiring the end of November 2023. Earlier this year, the project did complete a Final Site Plan Approval process that was granted in April 2023. They submitted a letter dated September 18, 2023 seeking this Request for a One-Year Extension. They are continuing some review and coordination with the 2 5

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Dover Air Force Base due to proximity of the location to that facility. Mr. Motley stated just to reiterate what Mrs. Melson-Williams said, this extension is kind of necessary because some things came up post final approval as it relates to the Air Base and concerns that they had with us coordinating some of the development activity. We are just asking for some more time to work through that with the people at the Air Base. Mrs. Maucher asked if they had an anticipated timeline for when the issues might be resolved. Responding to Mrs. Maucher, Mr. Motley stated that he hopes that it is next week, but it could be a lot longer. There are some complexities in working with the federal government that can take a little bit of time. Dr. Jones moved to approve C-21-07 Lands of First State Business Center, LLC: Two Buildings at 30 Lafferty Lane for a one-year extension, seconded by Mrs. Denney and the motion was carried 8-0 by roll call vote. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Denney voting yes; she thinks it’s appropriate. She has had times where she has had to work with the federal government herself. Mr. Hartman voting yes; based on the need to coordinate with the Dover Air Force Base. Mr. Baldwin voting yes. Dr. Jones voting yes; the applicant is moving along very well. Mrs. Welsh voting yes; it is important to coordinate with the Air Force Base, so she is sure that it’s appropriate. Mrs. Maucher voting yes; for reasons stated. NEW APPLICATIONS S-23-18 Delaware State University New Agriculture Building at 1200 N. Dupont Highway – Public Hearing and Review of a Site Development Plan for a new one story 10,402 SF+/- Building of offices and classrooms as the New Agriculture Building with the associated site improvements. The project site will redevelop the existing baseball field area located on the Delaware State University main campus. The property is zoned IO (Institutional and Office Zone) and also subject to the SWPOZ (Source Water Protection Overlay Zone). Property Address: 1200 N. Dupont Highway. Tax Parcels: ED-05-057.00-01-19.00-000, ED-05-057.00- 01-20.00-000, and portion of ED-05-057.00-01-21.00-000. Council District 4. Representative: Mr. Mike Riemann, Becker Morgan Group; Mr. Khalid Zerrad, Delaware State University Ms. Oehmke stated that this application is a Site Development Plan for a new 10,402 SF agriculture building on the Delaware State University campus at the site of the former baseball field on the southwestern portion of the campus. It is at the intersection of University Drive and Loop Road. It is zoned IO (Institutional and Office Zone) with a portion in the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The project area is 3.44 acres. It will house classrooms and offices. The plan outlines 31 additional parking spaces including two handicapped with one van accessible. Both entrances to the parking lot are off University Drive. There will be a sidewalk addition connecting the site to the rest of the campus walking network. The building is one-story with mostly brick and metal panels with wood paneling. It will be served by City of Dover water and sewer and DNREC overseeing the Sediment and Stormwater Management Plan. 3 6

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Mr. Riemann stated that this is a new 10,402 SF building located in the vicinity of the existing baseball field that is going to be replaced. On the rendering shown, you can see the site mainly in green was the old baseball field that will be demolished. You can see the new building in a tan color in the middle and then the associated parking that would serve the facility and fire lane access, etc. The site gains access from internal streets within the campus so they don’t access out to DelDOT streets. There will be landscaping; you can see the trees throughout in accordance with the City’s landscape requirements. You can see a proposed stormwater management facility located on the bottom part of the screen. There are lots of sidewalks throughout as is expected throughout a campus. He believes that they provided the required bike parking in front of the building that was a requirement of the City. They reviewed the Staff Report that was provided and they don’t have any objections to the recommendations that were part of that Report. The next slide shows the elevations. The front elevation is a mixture of materials. The next couple of slides will show a perspective of what the other sides of the building will look like. Mr. Hartman asked if there will be a dedicated chemical storage area in the building. Responding to Mr. Hartman, Mr. Zerrad stated that he would think so. They are in the design development phase right now; so, he is sure that they will have that in the floor plan. Mr. Hartman stated that since there is a dedicated chemical storage area in this building, isn’t that prohibited in the SWPOZ (Source Water Protection Overlay Zone)? Responding to Mr. Hartman, Mr. Zerrad stated that there are not going to be any wet labs in the space. It is going to be a demonstration kitchen for a lot of cooking. Mr. Riemann stated that when you say “agriculture building”, understand that the space is a combination of meeting spaces, multi-purpose rooms, some classrooms, some offices and a demonstration kitchen. So any sort of chemicals that you might be thinking of are related to the activities associated with a demonstration kitchen, not agricultural activities like farming. The name of the project might be confusing because it is part of the agricultural department of the school. Mr. Hartman asked for an example of the chemicals associated with the kitchen. Responding to Mr. Hartman, Mr. Zerrad stated that it will be no different than our personal homes; just something to clean the equipment. Dr. Jones asked if this building is very close to the other agricultural buildings? Responding to Dr. Jones, Mr. Riemann stated that if you can picture the old baseball field that’s where it will be located. Mr. Zerrad stated that it’s within proximity to the next buildings. Dr. Jones asked if they would be near the agricultural buildings. Responding to Dr. Jones, Mr. Zerrad stated yes, they have several agricultural buildings. It is very close to the Washington Building. Dr. Jones stated that the design of this building’s flat roof seems to be very inconsistent with new construction on the campus and so forth as she has seen it. Does the building have a flat roof 4 7

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. line? Responding to Dr. Jones, Mr. Zerrad stated yes, it does have an EPDM roof. The prior buildings all had flat roofs. The ECIC Building that they just brought to the Commission about a month and a half ago has a flat roof. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman stated that the applicant said in their presentation that they agreed with the Planning Staff comments based in the DAC Report with the requirements in the Advisory Comments as well, Section IX and Section XI of their DAC Report. Are those the comments that you agree to accept? Responding to Mr. Hartman, Mr. Riemann stated yes. Mr. Hartman moved to approve S-23-18 Delaware State University New Agriculture Building at 1200 N. Dupont Highway for a Site Development Plan for a new one-story building with offices and classrooms at the new agricultural building with associated site improvements based on the applicant’s acceptance of the Planning Staff’s recommendations in their DAC Report, seconded by Dr. Jones and the motion was carried 8-0 by roll call vote. Mr. Hartman voting yes; based on the motion. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting. Mr. Cooper voting yes. Mr. Roach voting yes. Mrs. Denney voting yes; she thinks it’s an excellent use for this particular piece of ground. Mrs. Maucher voting yes; based on the DAC Report and Staff recommendations. S-23-19 Windward Ridge Apartments on West Denneys Road – Public Hearing and Review of a Site Development Application for the construction of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED-05-056.00-01-02.00-000, ED-05- 056.00-01-03.00-000, and ED-056.00-01-04.00-000. Council District 1. Review of Active Recreation Area. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. This subject area was annexed with Application AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road. Representative: Mr. Charlie Barnett, Morris & Ritchie Associates Mrs. Melson-Williams stated that this is the application for Windward Ridge Apartments S-23- 19. It is a Site Development Plan and it does have a Minor Lot Line Adjustment Plan as part of it and an Active Recreation Area Plan. It involves three tracts of land currently addressed as 57 5 8

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Rocky Road, 4085 West Denneys Road, and an unaddressed parcel adjacent to those also found on the north side of West Denneys Road. The image shown on the screen is the plan for the entire site. Denneys Road is at the lower right-hand corner. The property subject to development is located west of Carlisle Village which is a single family residential subdivision that exists already out there. However, Carlisle Village is not in the City of Dover. The three parcels that make up this tract of just over forty (40) acres were annexed into the City of Dover with an application from 2022 with final action in early January 2023. The property is zoned RM-2 (Medium Density Residence Zone) and is also subject to the SWPOZ (Source Water Protection Overlay Zone). Their proposal is for an apartment complex of 300 units. It is spread across a total of thirteen (13) buildings. The project also includes Garages and a Club House building with a pool. Graphically, we see that these are three-story apartment buildings. There are a couple of entry points to each building that are located off the parking area. The parking surrounds the buildings. There is a circulation pattern throughout the development that loops through it. There is one access point to the facility from West Denneys Road. With this, they are meeting the City’s parking requirements for parking of apartment projects and that is a rate of 2.25 spaces per dwelling unit. They would require 675 parking spaces. Their project is currently showing 724 parking spaces and those kind of flank the perimeter of the circulation drive. Also, the spaces are found within the twelve garage buildings that are on the site. With the project, there is the requirement for active recreation and their active recreation is proposed as a Club House facility with a pool. That Active Recreation Plan was required to have a minimum of 1.9 acres of land or facilities, and they are proposing 2.24 acres. It is a mix of spaces within the Club House. We can see that there is a variety of different spaces within that building to serve as yoga, fitness, and a great room that has game tables and the like. There are also restroom facilities that serve it and the adjacent pool area. Throughout the rest of the complex for active recreation, we do see a tot lot playground, a series of walking trails through two of the wooded areas that will remain on the project site, and the exercise and picnic area that is near the pool. There is also a proposal for a dog park area off one of the walking trails. There is an Active Recreation Area Report that focuses on the elements of active recreation. There were some Staff Recommendations made with that Active Recreation Plan that they presented to the Parks and Rec Committee. The Parks and Rec Committee did recommend approval of the proposed Active Recreation Area Plan subject to the plan review comments that Staff had made. With this project, there are a couple of Waivers that we need to talk about. One of them is related to sidewalks. The project is required to have sidewalks or a pathway along its frontage. In the image shown, you can see that a multi-use path will be provided basically from the east across the frontage. They are seeking relief from constructing a sidewalk or pathway across the remaining two lots where the existing single family detached housing units are. That is where they wish to not construct sidewalk. They have had some discussions with DelDOT already about traffic-related improvements and we will hear more from the applicant in that regard. They are seeking relief from having to construct sidewalk along these two areas that are already developed: by the single-family houses and its adjacent neighbor that is also a single-family unit with some other accessory structures. The second Waiver Request is actually called a Subdivision Waiver Request. In this request, the Subdivision Code requires two connections to a public street when a site development consists of more than one hundred and fifty (150) dwelling units. With that, they are only proposing this one entrance and have made that Request to serve this by that one entrance. That one entrance, Staff does note, is a boulevard style entry; meaning that is has a divided median. Planning Staff is supporting this Waiver Request because of the limitations on 6 9

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. what actually has a frontage and some of the preliminary comments received from DelDOT regarding the design of that entrance. Which really, there is not an option to get a second entrance onto West Denneys Road in this area. Unfortunately, when Carlisle Village was developed, there was no interconnection planned with that and then the remaining areas surrounding this proposed development tract, in some cases are impacted by wetland areas or to the north, there is actually a floodplain area where the City would prohibit construction in that area anyway. This is the second Waiver for you to consider this evening. The DAC Report is rather extensive. It includes the comments from the other regulatory agencies. This project did go through the PLUS Review process and the initial PLUS comments as well as the applicant’s response to those are part of the packet. The Minor Lot Line is just to reconfigure the three existing parcels that we are dealing with to the configuration to place the large development on the overall tract and adjust what was the rear areas of the existing single-family residences. Some of that property land mass turns into the development area. We do have the applicant representative here. She would just remind the Planning Commission that this is a Site Development Plan. It is an allowed use for garden apartments in the RM-2 (Medium Density Residence Zone). With the SWPOZ (Source Water Protection Overlay Zone), that has some limitations on impervious surface coverage which they’ve shown us the initial calculations for that and they will be continuing to work with the Kent Conservation District regarding stormwater management planning for the site. Tonight, the Planning Commission will need to act on the partial elimination of sidewalk Waiver and then make a recommendation regarding the Subdivision Waiver for the requirement of two connections to a public street. Mr. Barnett stated that Mrs. Melson-Williams’ introduction was very thorough. As mentioned, the project does have two Waivers that we will be looking for. Prior to submitting the plans to the City of Dover, they met with the City Fire Marshal. They discussed the single entrance, the circulation of emergency vehicles within the development, and the access to the buildings. They actually sat down together to delineate and show where those were requested by the Fire Marshal. The Fire Marshal made comment during the DAC Meeting that they had met those requested locations and there was no problem on that behalf with the single entrance or the design of the entrance. As stated, they did have a pre-application meeting with DelDOT in which they reiterated to us that it is their intent and wishes to only have one entrance to this subdivision off of West Denneys Road. West Denneys Road is a major collector in their hierarchy of streets and their Subdivision Code states to only allow one entrance per subdivision onto roads of that sort. Due to the remaining parcels around us, there aren’t any other connections to either State or City owned roads to have another entrance to. They have also made comments in the DAC Meeting packet that also states that they recommend the Waiver that was approved for a single entrance access. Also, the other Waiver speaking towards the sidewalks, as stated, they have sidewalks throughout the entire Site Plan provided for all of the residents. The only location that we are requesting for it not to be is in front of the existing homestead for the Keller Family as well as the Craig Family immediately west. They are proposing to have a multi-use path on the east or the right of the entrance as shown on the plan. It will tie into the actual street frontage on both sides; however, to extend that across the neighboring existing homesteads that sidewalk would cut right through the middle of her driveway. It would be fifteen feet off the front of her house and it would be quite cumbersome for Ms. Keller to continue to live there. We are required per DelDOT at our entrance there in front of her house to have an acceleration lane as 7 10

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. people come out of the subdivision to turn right and go west. There will be a bike lane that then turns into the shoulder of West Denneys Road. So, there will be a way for people to walk along that bike lane and pedestrian way to that side. But DelDOT will not want the sidewalk to be within their right of way and due to the dedication of the additional right of way, it leaves a very small area. We are going to still dedicate and show a fifteen-foot-wide easement in front of her home and along the front of both of those properties there. If in the future, there is any sidewalk to the west then this could potentially connect to. If for some reason in the future she moves away and something else happens with that property, there would be an easement that would allow for a sidewalk to be constructed. But at this time, there is no pedestrian facilities to the west, no real logical reason to have this be built at this time. Therefore, we are requesting that waiver. Mr. Hartman stated that according to the PLUS statement, if there’s fifty (50) vehicle trips in per hour in any hour of the day, there is TIS required. Is that correct? Responding to Mr. Hartman, Mr. Barnett stated that he thinks that number is two hundred (200); that is the limit of when DelDOT requires a TIS. Mr. Hartman asked if he could review Comment 5 to your reply to the PLUS comment. Responding to Mr. Hartman, Mr. Barnett stated that he thinks the comment is verbatim as we received it. But in addition to that, we have another letter from DelDOT dated August 2, 2023 and the City was copied on it that says that “they will accept the areawide study fee for this as they do not meet the necessity for a Traffic Impact Study.” He thought that it was going to have that information in here, but he doesn’t see it in their language. Mr. Hartman stated that the comments letter is dated September 29, 2023 and the requirement here in your answer is fifty (50) vehicle trips per hour in any hour of the day. How many vehicle trips do you project from this? Responding to Mr. Hartman, Mr. Barnett stated that number that you are reading is not his response. That is the initial question that was written. Mr. Hartman stated that they are saying that the requirement is per Section 2.2.2.1 of the Manual. Responding to Mr. Hartman, Mr. Barnett stated that there are two parts to the question. The first of which is that they report that during the maximum hour, the highest peak hour. They have seventy-six (76) trips. Mr. Hartman stated that they exceed what DelDOT has said first of all with about fifty (50) vehicle trip ins per any hour of the day. Responding to Mr. Hartman, Mr. Barnett stated that they are exceeding what was made in that comment here. He just found DelDOT’s other letter to us where they do say that “this project would qualify for a payment to the Area Wide Study fee in lieu of doing a TIS as it would generate fewer than 2,000 trips per day and fewer than 200 peak hour trips.” He believes that the one from PLUS is a typographical error. Mr. Hartman stated that it is also addressed in the same letter as Comment 6. So, which one is this body supposed to take, Comment 5 or Comment 6? What is an area wide survey fee? What do you anticipate paying for an area wide survey? Responding to Mr. Hartman, Mr. Barnett stated that he believes that the language in Comment 6 is more accurate and is reflected of what is in the Development Coordination Manual. He can’t speak to the typographical error in 8 11

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Comment 5. To the second question about the Area Wide Study fee, he believes that the letter from DelDOT says that the Area Wide Study fee would be $19,980. In case you are not familiar, that is not the fee that the developer would pay for improvements to DELDOT streets or to do anything. It is just for DelDOT to double check their numbers and calculate everything. Mr. Hartman stated that he understands that but could he explain what good is this Area Wide Study fee going to do for this development and for the adjacent developments. Responding to Mr. Hartman, Mr. Barnett stated that the Area Wide Study fee allows DelDOT to do their own traffic calculations to determine if there are areas that have problematic intersections or if additional improvements are needed in order to maintain safe traffic maneuvering. Mr. Hartman stated that this Area Wide Study fee of $19,980 will not specifically address concerns from Carlisle Village, Maple Glen, Farthing Woods, or this proposed development. Responding to Mr. Hartman, Mr. Barnett stated that it very well could as the result of that. Mr. Hartman asked if he could stop him on “could”. This body is supposed to make decisions to protect the health, welfare and safety of the public and you are telling me that it “could.” We have disagreeing comments here to the PLUS Committee. He doesn’t understand how this body could make a decision tonight based on our responsibilities to the public to approve this. Responding to Mr. Hartman, Mr. Barnett stated that West Denneys Road is a DelDOT State maintained street. DelDOT does studies from time to time. Some are done by developers and some are done internally. In those studies, they determine if the portions of street, intersections, traffic are safe and if improvements are needed in order to keep those operating at their standards. The Area Wide Study fee is the thing that a developer can pay to help DelDOT offset the costs of doing those counts, but it in no way changes what requirements the developer is required to do in order to update, improve and maintain those same areas. DelDOT still has the opportunity to come to the developer and require them to make improvements to the road down the street and intersections between the development and other high traffic areas. It does not prohibit or preclude any of those things from happening. Mr. Hartman asked who the local land use authority was here. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the reference to the local land use authority would be the City of Dover and in its adopted regulations. That would be the Zoning Ordinance and the process that we have for review which involves the Planning Commission. Collectively yes. She does want to comment on the two different statements that DelDOT has made in the PLUS letter and in the applicant’s response in Comments 5 and 6. They actually refer to two different sections of the Development Coordination Manual. She thinks that there is one test for Traffic Impact Studies. There is a different test which is the Comment 6 for if it would be eligible for an Area Wide Study fee payment in lieu. So, there are two different threshold tests there. In the case of West Denneys Road, DelDOT is the regulatory authority. They will have to meet the requirements of DelDOT for the design of their entrance and connection to that roadway. It may involve other off-site improvements to that segment of West Denneys Road or beyond. That will be part of any kind of Entrance Plan review process with that regulatory agency. Mr. Hartman stated that Article 7 of the special provisions, which you quote a variance and waiver states that “City Council may vary or waive said requirements provided that such 9 12

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. variance or waiver shall not be detrimental to the public health, safety or general welfare.” This has happened before with traffic. He likes this proposal except for the traffic. It looks like a beautiful development and he agrees with everything else except for the lack of a Traffic impact study. Why did our Planning Office as the local land use authority not see this? You are looking at DelDOT which looks at a chart and you are looking at it if as there is no other option than just one entrance so we have to grant this variance. We, as the Commission, have to look at the public health, safety and welfare and every time this issue comes up, we are left holding the bag. We have to make a decision on public safety and welfare with no information except DelDOT reading the chart and Planning Staff saying “well there is no other option.” It is quoted in this PLUS comment that the DelDOT Manual requires a TIS with fifty (50) peak trips a day. They are having seventy-six (76) so he plans to vote no on this application based on that. Responding to Mr. Hartman, Mr. Barnett stated that he would again just reiterate that whether a Traffic Impact Study is done by the developer or whether DelDOT uses the Area Wide Study fee to do their own traffic analysis, it does not change what requirements will or will not impose on the project in order to make sure that the surrounding roads and intersections are up kept to their standards. He has seen two things from Mr. Hartman. One, he is concerned about there only being one entrance. He would say that the traffic on West Denneys Road would be the same if we had two entrances versus one. It is still the same number of units and traffic out on the road. Two, DelDOT is going to determine what the developer is responsible to do because of their traffic impact. That has absolutely nothing to do with whether or not they do a Traffic Impact Study or whether DelDOT uses information gained through their Area Wide Study fee. Mr. Hartman stated that he wishes it was in the Ordinance that it was DelDOT’s responsibility to approve this thing and protect the public health and welfare. But it’s our responsibility and here we are without any information from you or DelDOT and we have to make a decision to protect the public health and safety. He thinks that they should come down on the side of public health and safety rather than what could be or might be. Mrs. Denney stated that she had questions along that line about the applicant’s statement that there is no other entrance available. Even if for some reason there were able to come up with a plan, it would still force the traffic on Denneys Road which is already an issue. She feels like it is all over Delaware. All of our roads were built a long time ago and not to serve as many people and so everything forces impacts. She sometimes looks at things and thinks okay another traffic light, which only just makes everybody’s commutes longer especially in peak hours. Then she thinks about school buses and things like that. It doesn’t appear as though there is really much opportunity for widening there or to make another lane or even to have turn lanes. That gives her great concern. She realizes that the ingress and egress and all of that traffic impact is all of the responsibility of DelDOT and we can’t say that someone can only have so many cars. That is DelDOT; it is a State maintained road and that is up to them. She really has a concern and she is wondering if there was a way to have two areas for ingress and egress on West Denneys Road, would that help? She is not an engineer so she wouldn’t proclaim yes or no but she is asking that question. Responding to Mrs. Denney, Mr. Barnett stated that if you looked at Google Earth or a wide view map of where this project is located, it’s just nowhere close where you can put another road out to West Denneys Road. The closest thing that you have is to try to connect it somewhere into Carlisle Village and as stated before, there is really not room to do that. He would imagine that the residents of Carlisle Village wouldn’t want these people driving through 10 13

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. their neighborhood and yet again, if they would, they would move 300 feet down the road and exit onto West Denneys Road. If the concern is traffic along West Denneys Road, it would still be the same number of cars whether they went through Carlisle Village or came out of their own entrance. Mrs. Denney stated these buildings are not designed as a senior community, so you are going to have school buses. You may have even bus stops, people waiting along the road to take a bus in town or to shop or to work, because we have more people doing that these days. She happens to live on State Street and it’s an absolute walking community. At 8:00AM you have people out there waiting for buses with their children, you have people who are biking and walking to jobs that she assumes are in Downtown Dover because she never follows anybody. They generally go by around 8:00AM and then again at 5:30-6:00PM in the opposite direction. So she is making a broad assumption that they are going and coming from work. She is just concerned with the width of the road, where the entrance is, or if there is like a DART bus stop. She knows that that is up to DelDOT where they would make the area for the bus station, but she is just concerned. Is there room for that? Responding to Mrs. Denney, Mr. Barnett stated that there will be dedicated turn lanes out of the subdivision. We have been able to display that to DelDOT at our pre- application meeting that there is the room to do that. It is his understanding that school buses and other bus stops would be internal; so, they would come off of West Denneys Road and into the neighborhood. Mrs. Denney stated that the school bus thing makes sense that they will go in. Responding to Mrs. Denney, Mr. Barnett stated that they have provided very wide drive aisles through the entrance. As stated before, they have a boulevard entrance so there is a nice landscaped island in the middle, but then it’s a twenty foot wide lane on either side. There is plenty of room for buses and emergency vehicles to get in and out without having to worry about any of that. They should be able to get into the internal part of the subdivision to be able to do any kind of bus stops or pickups without backing up traffic on West Denneys Road. Mrs. Denney stated that when she looks at these plans, the other thing is that there is already going to be an impact on Carlisle Village. But there would be no reason that they could accomplish anything by going through Carlisle Village in any way. We also need to think about the people who are established in Carlisle Village. We don’t want their homes, their daily commutes, or their lives to be anymore disrupted than getting a new neighbor would be. Responding to Mrs. Denney, Mr. Barnett stated that unfortunately when that subdivision was designed there was no provisions made for a future connection. It is single lots all along that side and there is really not a gap anywhere to be able to connect the road through. Mrs. Denney stated that at this point, they all have to come out through the new development to get out on Denneys Road. Responding to Mrs. Denney, Mr. Barnett stated that there will be no cross traffic straight between Carlisle Village and Windward Ridge either way. Mr. Hartman asked about Lot B, if that lot was part of the development and would that help in the exit in any way? That is one of the owners, correct? Responding to Mr. Hartman, Mr. Barnett stated correct, one of the existing landowners in going to retain that parcel to continue to live in. 11 14

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Mr. Hartman asked that if they were to give up that parcel, would engineering permit a better outlet to Denneys Road. Responding to Mr. Hartman, Mr. Barnett stated that he would say two things to that. One, DelDOT’s Development Coordination Manual very clearly states that for major collector roads, any subdivisions shall have access through one single access point, and they would not allow a second one. They stated to us in the meeting as well that they wouldn’t and again, it will not change the amount of traffic on West Denneys Road one bit. It would still be the exact same number of cars. You would then have a traffic congestion area with two entrances so close to each other. Mr. Hartman stated that he understands that and agrees with it but he was just thinking about road widening. Dr. Jones stated that she concurs with the concern about the traffic. There are three other developments in that area that use West Denneys Road. Responding to Dr. Jones, Mr. Barnett stated yes, he thinks that there might be three. Dr. Jones stated that they all access that road that doesn’t even have much of a shoulder. So the number of cars or trips to which you refer, basically you are referring to those that would be generated by the apartments. Responding to Dr. Jones, Mr. Barnett stated that is correct. Dr. Jones stated that does not really take into consideration every trip. She has a lot of testimony from people in that area and that is one of their major concerns. One even mentioned that of course housing is desirable, but the traffic will be a nightmare. So that will be one of her concerns as well because it really is a bad road. Responding to Dr. Jones, Mr. Barnett stated that the best response to that would be that the developer will be providing money to DelDOT for improvements as part of their entrance design and requirements. DelDOT often collects these monies from different subdivisions and then puts them towards their capital projects. If they determine that West Denneys Road needs to be improved between the entrance here and the light at McKee Road or anything like that, they can do one of two things. They can require the developer to actually pay for that upfront or pay into a kitty that as it builds up with enough money that they can then make those kinds of improvements on a statewide basis. Obviously, for the developer to do that might impact other landowners up and down West Denneys Road and that is difficult to do from a private side. But if the developer pays money to DelDOT, then they can do it as a capital project. Dr. Jones stated that she can appreciate that but of course what happens normally, the improvements are not concurrent with the completion of new developments. Mrs. Maucher opened a public hearing. Mr. Brandon Politt – 3232 Kenton Road Dover, DE 19904 Mr. Politt stated that he is the landowner of 3232 Kenton Road which is connected to the northern side. He travels West Denneys Road quite frequently and it is very heavily traveled. He does ask Council to keep in mind that you do have two more proposed developments coming up. Stonebrook East and Stonebrook West are going to add additional traffic to West Denneys Road. He has already seen accidents at Carlisle Village and the house on the corner has already been 12 15

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. run through. His other concern is what is going to be done to keep people out of other people’s properties. Are there going to be fences, privacy barriers or anything along those lines? Mr. Kenny Clendaniel – 3867 West Denneys Road Dover, DE 19904 Mr. Clendaniel stated that his property is approximately four (4) properties west of this entrance that goes into this new development. If Mrs. Melson-Williams’ statement was correct that there are 2.25 cars that they need parking spaces for, that’s about 672 cars that could be coming out of there and this entrance is in the middle of a S-curve. There is a curve to the east and a curve to the west. There is very little chance to see either way whether there are cars coming or not. He has lived on West Denneys Road for 73 years and he has seen it grow up to the point now where there are no shoulders at all from Dover Kenton Road all the way to McKee Road. There is not one bit of shoulders on that road. He belongs to the fire department that covers that road and we have run many accidents between Carlisle Village and that S curve there. He thinks that is something that we need to keep in mind. Mr. C.J. Palmer – 48 Ardsley Drive Dover, DE 19904 Mr. Palmer stated that he lives in Carlisle Village. Looking at this project, it is a pretty large project and it is actually bumping right up against Carlisle Village. We have the environmental piece and a security and safety piece. Will this property be separated from Carlisle Village? Talking about that entrance from a security and safety piece, regardless of how many spaces you have, these buildings look like three to four stories high. For emergency vehicles to get in there, especially ladder trucks that are going to cause an issue especially for turnarounds and things of that nature. For the security up against the Carlisle Village community, is there going to be a separation fence line? How do we plan on doing that because whoever is occupying these buildings, they may find it necessary to cross through people’s yards or something to find a way out or an easy way through. You were talking about sidewalks and things along that area. How is that going to really affect Carlisle Village? From a resident’s point of view, what type of residents because we have assisted living? Will there be assisted living or low income apartments in there? These are things that he would like to know. Where can he go to see the studies that have been done on this? Just by living there, like the gentlemen before him, there have been many accidents. He has seen the Carlisle Village entrance get hit three or four times. But the other piece is the environmental piece. When it rains heavily, are they redirecting all that water or are they going to be redirecting it into Carlisle Village? Right now, it flows right across Denneys Road especially at that bend right there. There are a lot of nuisances that we need to address or if they have been addressed, how can we get that information and read up on it to see if it’s been addressed appropriately? Mrs. Melson-Williams stated to answer a couple of questions, there is an open area between the planned improvements for the apartment project and where Carlisle Village is. She believes that there is a woods line there and she doesn’t believe that it is intended to be fenced. But there is definitely a separation there. What would be the closest to Carlisle Village is a series of parking spaces and a couple of the garage buildings for a portion of the site. For the other question about the types of residents, she believes that this is what they would call a “market rate” apartment complex. It is not specifically targeted to any particular income group or need group that has been mentioned. Our Code does not require them to identify that as part of their process. And the environmental question about rain, they will have to manage the stormwater i.e. the rain that falls 13 16

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. on their property on their site. They will be working with the Kent Conservation District as to plans for where they need to add ponds or other facilities to manage their water on their site. Mr. Palmer, if you would like to view their plans more closely, you can certainly reach out to the Planning Office. We are located here in Downtown Dover in the City Hall building. We are open 8:30AM-5:00PM and we would be happy to show you the plans and help you understand those. If you reach out to us, they could also provide some things to you electronically. They are posted on the City’s website as part of tonight’s meeting packet as well. Mr. Barnett stated that the only thing that he was going to add was that along the common property line of Carlisle Village, they are proposing to retain at minimum, a twenty (20) foot wide strip of trees in that setback. In most places, it is a little bit wider than that. The narrowest part is down at the southern end at the closest parking spaces to West Denneys Road. As you travel back into the neighborhood just because of the way the two property lines aren’t parallel to each other, it actually gets wider towards the back end. It is closer to about forty (40) foot wide of trees that will be saved. In addition, up against those remaining trees there is all parking spaces, none of the buildings are right there. The closest buildings are going to be over 95 feet away from the property lines. The parking spaces up against there will have islands in them and those islands will have additional landscape trees planted. As Mrs. Melson-Williams stated, they will be working with the Kent Conservation District for stormwater management. They have already had discussions with them and technical exploration have been done to determine if we can do infiltration which they were hoping to do on this site in some places. The stormwater management will be designed so that no additional runoff will leave the property onto any of the surrounding sites. Mr. Joseph Blevins – 39 Ardsley Drive Dover, DE 19904 Mr. Blevins stated that he agrees with what Mr. Palmer was saying. He understands that it was said that these are market rate apartment housing which is fine but there are 300 units. Are we assuming that everybody living in this apartment complex is going to be automobile dependent because if not, all of West Denneys Road doesn’t have sidewalks and the nearest place to get groceries is 2.3 miles away at Redners. He kind of heard all of that conversation but the audio has been very in and out. Additionally, there are no bus stops along that way and that’s not really the developer’s problem. It would be a City of Dover decision to put bus stops in, correct? To put an apartment complex that is isolated like that and expect everyone to have an automobile, just seems a little far-fetched to him. He knows that they are talking about one entrance in. Yes, Carlisle Village has one entrance, but Carlisle Village was built in 1996. It had different rules and regulations. They have changed since then and for good reason. In regards to the buffer, twenty foot of growth is not actually a big buffer. Are you ripping out all of the old growth and putting in new? He would like to actually see a fence in addition to the wooded buffer. Finally, his question is when the developers do come in and start clearing out all of these old growth trees for their development that have been there for quite some time, there is quite a bit of wildlife that lives there that is now going to want to live in his front yard. Does he get to charge the developer for damages to his property for the wildlife that they have disrupted? Responding to Mr. Blevins, Mrs. Melson-Williams stated that on the question about the bus stop location, that is not a City decision. Public transportation is part of the DART First State Program. They look at development activities and would identify if a bus stop location is necessary and where that should be placed in that corridor area. 14 17

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Mr. Blevins stated that Denneys Road is just a really dangerous road to be walking on. Mrs. Melson-Williams stated that for the concern with the buffer, she believes that their intention is to leave the existing trees in that area. There will be some additional, in close proximity, tree plantings of new trees to meet the tree planting requirements for the overall site as well. Mr. Jordan Ford – 4193 West Denneys Road Dover, DE 19904 Mr. Ford stated he does like lot of what was mentioned in regards to the proposal of the project. He has two main concerns with it. One is that his property is right on the edge of Carlisle Drive on West Denneys Road. He is right on that S curve. If we are going to be putting in that entrance, he sees that as a huge issue because time and time again, people are already speeding through this road. We are already having people pull out of Carlisle Village without that stop sign. He is not sure if this is for DelDOT, but he would propose at minimum, a traffic light to be implemented here or at least onto that new apartment complex. Another thing that he would mention is the wildlife impact that it would have. Right now he has that woods as his backyard and it is really a shame to have that taken away. As the other caller mentioned, to have that displaced is definitely going to put damage onto his property. He would like to know how that would be used. Mrs. Melson-Williams asked if there was a particular question that Mr. Ford was looking for an answer on because it wasn’t real clear. Responding to Mrs. Melson-Williams, Mr. Ford stated that he just wanted to make those statements. Mrs. Melson-Williams stated that there were two items of public comment that were received in writing. The first one was received in time and it went out in our packets to the Planning Commission members. That was an email dated September 29, 2023 from Mr. Joseph Blevins. In his email, he notes the need for housing but then also listed some questions which she thinks that he reiterated in his statement this evening about questions on its proximity to really anything service-wise, the concern about Denneys Road with bust stops, the road itself, and the lack of sidewalks. So that is presented for the Planning Commission. This evening, it was on the Commissioner’s desks and was distributed by email as well, is an email that was received on October 12, 2023 from Ms. Beth Knight. She notes that she is a longtime resident and homeowner in Carlisle Village. She notes some concerns about the apartment buildings. Mainly, her statement is focused on West Denneys Road itself, noting the makeup of that road with no shoulders, turn lanes or sidewalks in this area and the levels of traffic over time and the potential for concerns with if there are accidents in the area and the ability to exit various neighborhoods. Her closing statement is that she has other concerns but the traffic situation is probably the priority. She disagrees with a large apartment complex being built at that location. Mrs. Maucher closed the public hearing. Mr. Hartman stated that six or seven of the public commenting tonight either here or virtually or by email, mentioned their concerns with traffic and three or four of them mentioned their experiences with accidents in that area. He just wanted to again state that their responsibility to protect the public’s safety, health and welfare and that is the same with City Council. He is disappointed that they weren’t given a Traffic Impact Study. 15 18

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Mr. Baldwin stated that he has listened to the testimony and read the technical data. This afternoon, he spent 2 hours on that curve. He would drive to McKee Road to Kenton Road and he would wait at the curve just to observe the traffic that was coming at that curve. In the two hours that he was there, he was almost hit twice. So, he is imagining what would happen if something happened in front of the entrance to this apartment complex. The people would be trapped in there and would not be able to get out. He is just uncomfortable going with one entrance. He is thinking that maybe there is something else that can be done to make that curve safer for the people who are going in and out. Secondly, is there going to be a left and right in and out or is it just going to be a left in and a right out? Responding to Mr. Baldwin, Mr. Barnett stated that it will be a full movement left and right in and out. Mr. Baldwin asked if they were going to have acceleration and deacceleration lanes. Responding to Mr. Baldwin, Mr. Barnett stated yes. There will be acceleration and deacceleration lanes and there will be safety area for someone to turn left into the subdivision and to be able to get around the vehicle that is stopped there. DelDOT will require us to widen the road through the S turn. If there is an ability to soften the sharpness of the curves, they will have that done as well. It will all be part of the final engineering and design. At this time, we are not at that process but that’s something that DelDOT’s safety engineers will review and require as part of the entrance. In addition to widening that, he believes that the site lines will be opened up so that you can see better through that S-turn DelDOT will require them to take out some of the trees right along the edge of that road that kind of blocks that now. That should hopefully make it have a better viewpoint in both directions. Mr. Hartman moved to table application S-23-19 Windward Ridge Apartments on West Denneys Road for construction of 13 garden style apartment buildings until this body is provided a Traffic Impact Study or other proof that 300 apartments in this development will not be adding to the safety hazard that apparently already exists on West Denneys Road. He bases that partly on the PLUS Report, the DelDOT comments specifically their comments in Section 2.2.2.1 of the Development Coordination Manual which requires a Traffic Impact Study where development generates in trips of 50 or more vehicles in any hour of the day. As the applicant stated, they have 76 in trips at peak. The motion was seconded by Dr. Jones. (Discussion continued.) Mrs. Maucher asked if there was a proposal of how to bring it back. Are you looking for a letter from DelDOT? Responding to Mrs. Maucher, Mr. Hartman stated that he is looking for something from either the City, the developer or DelDOT that would alay the fears of the public and of himself and others in this body that they would not be creating a safety hazard with approval of this application based on the 300 apartment units. He is looking for something to base a recommendation that yes, it provides safety, health and welfare for the public and he is not there yet. He doesn’t see anywhere in here that says that. Mrs. Maucher asked Planning Staff if there was a requirement on timing to bring it back. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that in the current motion that was put forth by Mr. Hartman, it was a motion to table. She would suggest that it is changed to a motion to defer. He requested specific information so it would be upon receipt of that information, they could then place it back on your meeting agenda to complete the consideration 16 19

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. of that should this motion that was put forth be successful this evening. Mr. Hartman moved to defer application S-23-19 Windward Ridge Apartments on West Denneys Road for construction of 13 garden style apartment buildings until this body is provided a Traffic Impact Study or other proof that 300 apartments in this development will not be adding to the safety hazard that apparently already exists on West Denneys Road. He bases that partly on the PLUS Report, the DelDOT comments specifically their comments in Section 2.2.2.1 of the Development Coordination Manual which requires a Traffic Impact Study where development generates in trips of 50 or more vehicles in any hour of the day. As the applicant stated, they have 76 in trips at peak. The motion was seconded by Dr. Jones and the motion was carried 7-0 with Mr. Cooper absent. Mr. Hartman voting yes; based on his earlier statements. Mr. Baldwin voting yes; based on prior statements. Dr. Jones voting yes; for reasons that have been stated and the concerns of the residents in that area as well as other information that has been discussed. Mrs. Welsh voting yes; she would like more information herself. In looking at the plan, the current location of the entrance does appear to be one of the most unsafe locations from her point of view that it could be located. Mr. Roach voting yes; in regards to the concerns of the residents of the area and the entrance way and also the traffic. He does believe that they need a little bit more information just so they can make a better informed decision. Mrs. Denney voting yes; she thinks that she would like to be better informed most especially about DelDOT’s information because obviously already by testimony given by people this evening, there are lots of accidents along that road. And whether they recommend a traffic light or whatever DelDOT recommends, she thinks that it would be important information for us to hear. It’s more than just the traffic. She always thinks what if there is an accident and what if we have fire and rescue equipment trying to get into one of the apartments but the roads are all blocked because there really isn’t much shoulder. She just really would like to hear back, for safety’s sake, what DelDOT has to say. She also just wants to state that she has concerns for the residents who have expressed safety concerns and would like more than just a distance buffer between them and the neighboring development of Carlisle Village. Mrs. Maucher voting yes; particularly on information regarding the safety concerns around the curve and the improvements that will be made to ensure safety with that. MI-23-03 Text Amendment: Add Use to C-2 (Central Commercial Zone) - Public Hearing and Review for Recommendation to City Council of a Text Amendment to the Zoning Ordinance, Article 3 – District Regulations, Section 13. Central commercial zone (C-2), Section 13.1. The Ordinance proposes adding the use of indoor recreation and amusement establishments as a permitted use in the C-2 zone. Ordinance #2023-08. First Reading was held by City Council on September 11, 2023 where the Public Hearing dates were set for Planning Commission on October 16, 2023 and City Council on October 23, 2023. Representative: Planning Staff Mrs. Melson-Williams stated that this Text Amendment is on a different track than the ones that she spoke about earlier. This is a request for Ordinance #2023-08. There was a request to add the use of “indoor recreation and amusement establishments” as a permitted use in the C-2 (Central Commercial Zone). The C-2 (Central Commercial Zone) is found predominantly basically in the downtown area and focused on the Loockerman Street Corridor. We currently have several of our zones that do allow for indoor recreation and amusement establishments. Those particularly 17 20

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. are in the IO (Institutional and Office Zone), the C-3 (Service Commercial Zone), the C-4 (Highway Commercial Zone), and it was most recently added to the IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center). From the Report, we did provide you with the current permitted conditional uses that exist in the C-2 (Central Commercial Zone). This would add an additional line to include the indoor recreation and amusements to that. With this process, the Zoning Ordinance gives certain factors that the City Planner should report on when looking at any Text Amendment requests. It calls on us to look at the principles of the ordinance and the particular zone that it is looking to make changes to and also to look at the aims of the Comprehensive Plan. In our Report, we noted that the Comprehensive Plan does have discussion items in the Housing Chapter. With a goal to provide safe, healthy and livable neighborhoods and to articulate the link between housing and health. We see that any type of recreational facility in the Downtown District would certainly encourage healthy lifestyles for residents of the area or people that happen to be visiting. Likewise, Chapter 12 of the Comprehensive Plan which is the Land Development Plan focuses this area. C-2 (Central Commercial Zone) is one of the mixed-use areas in the city that we find in Downtown Dover. That is a mix of uses as residential, commercial and office uses; so, we find that this fits that opportunity for a mix of uses. In this case, because it is a Text Amendment to the Zoning Ordinance, the Planning Commission will be making a recommendation. That recommendation, after a public hearing tonight, will be forwarded onto City Council. City Council will conduct their own public hearing and action on the Text Amendment. The Planning Commission is charged with evaluating the same factors as the City Planner and those are: is the change of the Text Amendment consistent with the aims and principles embodied in the Ordinance as to the particular zone concerned? In this case, that zone is the C-2 (Central Commercial Zone). And then whether the proposed amendment is consistent with the Comprehensive Plan. This was a thought that was brought to us and then became an Ordinance request with the support of City Council members to beginning the review process. Mrs. Maucher asked if there was a formal definition for “indoor recreation and amusement”. That could invite a large number of interesting applications. Responding to Mrs. Maucher, Mrs. Melson-Williams stated that the Code does not currently have a definition nor does this Text Amendment propose one. Indoor recreation could be a range of things such as a karate studio, a gym, or some place where you actually would play games such as a bowling alley, a roller rink or things of that nature. There are some general common sense things that we would interpret to be allowed in that zone that meets the recreation and amusement establishment use. She thinks that it would be where a person comes there to do something in particular that involves movement of some type. Mrs. Denney stated that examples that you gave were roller skating and bowling. Would a pool hall qualify? Responding to Mrs. Denney, Mrs. Melson-Williams stated yes, technically. Mrs. Denney asked if an arcade with pinball type games would qualify. Responding to Mrs. Denney, Mrs. Melson-William stated yes. This establishes a use in the Zoning Ordinance. In order to establish any such activity in a particular building location, there are additional requirements with the Building Code and Fire Code. Depending on what exactly that activity is, then it will be necessary to prepare the space with its correct means of egress/entry and whether it requires sprinkler, fire alarm, and the like. 18 21

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. Mrs. Welsh stated that the wording “indoor recreation and amusement establishments” is the wording that’s in the IO (Institutional and Office Zone), C-3 (Service Commercial Zone), C-4 (Highway Commercial Zone), and IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center). Are there no specifics in any of those zones as far as what the recreation would be as well? Responding to Mrs. Welsh, Mrs. Melson-Williams stated that was correct. We chose to utilize the same language that is found elsewhere in the Zoning Ordinance already. Mrs. Welsh asked if there was really not anything specific as to the definition of “recreation and amusement” in any of the zones right now? Responding to Mrs. Welsh, Mrs. Melson-Williams stated that is correct. When the Zoning Ordinance does not specifically define a word, then the practice is to go to a commonly used dictionary and to see if that lends assistance in clarifying that activity specifically. Mrs. Welsh stated that she just wanted to confirm that wherever it is, it’s all based on the proposal and common sense as far as what would be appropriate. Responding to Mrs. Welsh, Mrs. Melson-Williams stated that is correct. If there is a question on whether an activity fits those terms of “indoor recreation and amusement establishment”, the Zoning Ordinance gives the City Planner the ability to interpret and that’s what would be done if there was someone seeking to make use of the space in that manner. Mrs. Welsh stated that basically this adds it to another zone, but rules are the same for everybody. Responding to Mrs. Welsh, Mrs. Melson-Williams stated that is correct. It uses the same terminology as we already we have in the other zones. Mr. Hartman asked if that would include a rollercoaster on an empty lot. Responding to Mr. Hartman, Mrs. Melson-Williams stated that technically not because it uses the term “indoor” recreation and amusements. There is, she believes, in the C-2 (Central Commercial Zone) an additional statement that talks about uses happening within enclosed buildings. If you are thinking the amusement rollercoaster ride that’s an amusement park that’s open air, she does not believe that would be in the definition here. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for MI-23-03 Text Amendment: Add Use to C-2 (Central Commercial Zone) to accept the text amendment as written, seconded by Mr. Baldwin and the motion was carried 7-0 by roll call vote with Mr. Cooper absent. Mrs. Welsh voting yes; it seems to be a sensible thing to do in order to generate some more Downtown Dover development. Mr. Roach voting yes, he always commends the Staff for being detail oriented in nature when it comes down to these things. He definitely feels as though it’s welcome and it is definitely necessary to try to bring some uniformity in regards to the actual Codes. Mrs. Denney voting yes; she thinks that it would be very helpful for Downtown to broaden the horizons with some ideas of some other things that people can do. Although, she has to say that these types of things make her nervous. Mr. Hartman voting yes; based on the fact that it is consistent with the aims and principles embodied in the Ordinance and consistent with the Comprehensive Plan, and he also thinks that it is a good idea. Mr. Baldwin voting yes; based on the prior statements. Dr. Jones voting yes; based on previous statements. Mrs. Maucher voting 19 22

CITY OF DOVER PLANNING COMMISSION OCTOBER 16, 2023 Item 1. yes; based on previous comments. She would also encourage City Council to consider adding some definitions to what that constitutes because she would have the concern that if someone proposes something that is undesirable, that there may not be an opportunity to reject it when you have broad language. Adding a little more definition might be helpful. NEW BUSINESS Update on Review of and Revisions to By-Laws and Development of Planning Commission Rules of Procedure Mrs. Maucher stated that they circulated an initial draft of the By-Law changes. There are some more definitions that need to be added to those. They are working on the Rules of Procedure; however, with the change in Planning Staff’s attention, she is afraid that this may be deferred for a bit. She is sure that they have quite enough to do without this and that it is not an urgent issue. They will try to bring something back before the end of the year at maybe the December meeting to see where we are. Mrs. Denney stated that she thinks what has been put on paper so far looks really great, but she agrees. She thinks with all of the changes that have occurred recently within the Department, she thinks people have plates that are very full right now and there really doesn’t seem to be an urgency. We don’t want to just hurry to get it done and then miss out on something. But she does think it’s coming along very well, although she hasn’t really had any participation in it. She thinks it’s wonderful, but she agrees that they should just hold off a little bit. Meeting adjourned at 9:21 PM. Sincerely, Kristen Mullaney Secretary 20 23

Item 2. The Institute for Public Administration presents Advanced Land Use Law COURSE INSTRUCTOR Max Walton, Esq. Connolly Gallagher LLP. December 20, 2023 This course focuses on advanced land use law in Delaware and expands upon the material presented in our introduction to land use law course. 10:00 a.m. to NOON This course will highlight the recent land use case law from the past year that may affect municipalities statewide. Participants will learn VIA ZOOM MEETING about both national court decisions and Delaware court decisions affecting local land use. Registration in advance is required. After registering, you will receive a This session qualifies for credit toward the confirmation email with information about joining the webinar. Certificate in Local Government Leadership and the Certificate for Planning Education. $20 Registration Fee Contact Sean O’Neill (oneill@udel.edu) with questions about this event. AICP members can earn 3 Certification Maintenance (CM) credits and 1.5 Law REGISTER ONLINE credits for this activity. More information about AICP’s CM program can be found www.bidenschool.udel.edu/ at www.planning.org/cm. ipa/events/upcoming 24

The Institute for Public Administration presents Item 2. Planning 101: Planning Your Community’s Future COURSE INSTRUCTOR COURSE INSTRUCTOR David Edgell, AICP Edward O’Donnell, AICP Director Senior Fellow, IPA Office of State Planning Coordination University of Delaware COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP JANUARY 17, 2024 Planning 101 provides valuable information for all elected officials who consider and act upon comprehensive plans, land use and zoning matters, 9:00 a.m. to NOON . Check-in begins at 8:30 a.m. and other growth issues. Planning and zoning commissioners, board of adjustment members, and those who take part in community planning and land-development matters will enjoy this course. Kent County Levy Court Room 220 Course topics will include: 555 S Bay Rd, Dover, DE 19901 • Delaware planning and zoning statutory requirements $55 Registration Fee • The elements of a comprehensive plan Includes refreshments • The basics of land use control • The role of the planning & zoning commissioner REGISTER ONLINE This session qualifies for credit toward the Certificate www.bidenschool.udel.edu/ in Local Government Leadership and the Certificate ipa/events/upcoming for Planning Education. Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 25

Item 3. Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) CURRENT CODE RECOMMENDED CONCEPTS FOR REVISION Zoning Ordinance, Article 3 Section 14 or as noted 1 Retail stores No change 2 Restaurants No change 3 Hotels, including bed and breakfast inns No change 4 Art galleries and studios No change 5 Service establishments No change 6 Personal service establishments No change 7 Business professional, and government offices No change 8 Apartments and multi-family dwellings, provided that no Allow uses associated with apartments (i.e., lobbies, dwelling units shall be permitted in the first floor on the amenity spaces) on first floor of Loockerman Street street frontage of Loockerman 9 Parking lot and parking structure is a Conditional Use (A Parking lot and parking structure as a permitted use Conditional Use is required to be reviewed and approved USES by the Planning Commission.) 10 Not clearly allowed Microbrewery/craft distillery/meadery 11 Allowed by interpretation Commercial Kitchen 12 Manufacturing, assembling, converting, altering, Allow the making and processing of consumer goods and finishing, cleaning, or any other processing of products products such as baked goods, glass blowing, and where goods so produced or processed are to be sold at handmade items where goods are processed and sold at retail exclusively on the premises, provided that: retail or on-line. (1) An area fully concealed from any street and equal to not more than 20 percent of the area devoted to retail sales shall be so used; (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not in excess of 60 pounds of pressure per square inch shall be used exclusively; Potential Revisions to C-2 Zone Chart 10.18.2023 Page 1 of263

Item 3. (3) Not more than four employees are engaged in such production or processing 13 Pop-up kitchen/restaurant/retail are not clearly allowed Pop-up kitchen/pop-up restaurant/pop-up retail 14 Place of public assembly is a Conditional Use Place of public assembly as a permitted use 15 Outdoor use – i.e., patios, eating areas, parklets Clarify process of outdoor use – i.e., patios, eating areas, parklets 16 Maximum building height is 6 stories and 75 feet Maximum building height 10 stories and 125 feet BUILDING HEIGHT Zoning Ordinance, Article 4, Section 4.14 • If building is above 3 stories, then upper floors need to be setback (wedding cake style) on sides facing the street. • Consider Residential 10% set aside of units for affordable units for every floor above 6 stories and 75 feet. Can be put into an affordable housing fund for non-profits. 17 No parking requirements for existing buildings in C-2 No parking requirements for existing buildings in C-2 Zoning Ordinance, Article 6 Section 3.1(a)ii zone No minimum parking requirements for new construction in C-2 zone 18 Parking minimums for the following uses (for all zoning No minimum parking requirements based on use in the districts): Downtown Redevelopment Target Area • Medical Office: 1 space per 300 square feet of floor PARKING area • Apartments: 2 spaces per dwelling unit plus 1 space per 200 square feet office space plus 0.25 space per dwelling unit for visitor space • Restaurants and bars: 1 space for every 4 seats plus 1 space for every 3 bar seats • Hotel: 1 space per guestroom plus 1 space for every 200 square feet of office space, banquet hall, or meeting areas Potential Revisions to C-2 Zone Chart 10.18.2023 Page 2 of273

Item 3. Zoning Ordinance Article 6 Section 3.1 19 The Planning Commission (or City Planner if it’s an Parking Waiver still available for consideration administrative plan review) may consider a waiver to reduce the required parking amount by up to 50% if applicant demonstrates the project is adequately served by transportation and parking alternatives. Zoning Ordinance, Article 6 Section 3.9 20 Bicycle parking-1 bicycle parking space for every 20 Bicycle parking will still be required parking spaces. The Planning Commission may waive this requirement. Zoning Ordinance, Article 6 Section 3.10 21 Floor Area Ratio (FAR) 4.0 Consider removing any lot coverage restrictions 22 Tree mitigation fund not available Allow for tree mitigation fund whereby a donation to the fund in lieu of planting a tree per the landscaping requirements in Downtown 23 Dumpster rate based on use. Eliminate Dumpster rate but keep screening and enclosure MISCELLANEOUS • Restaurant: Two required for the first 3,000 square requirements feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof • Office and retail less than 50,000 square feet: Two required for the first 16,000 square feet of gross floor area; one required for each additional 16,000 square feet of gross floor area or fraction thereof • Apartment: Two required for the first 48 apartments; one required for each additional 24 apartments or fraction thereof Potential Revisions to C-2 Zone Chart 10.18.2023 Page 3 of283

Item 4. S-23-19 Windward Ridge Apartments on West Denneys Road: This application was originally submitted to the Planning Commission for review at their October 16, 2023 meeting. A Public Hearing was conducted, and the application was deferred seeking additional information. S-23-19 Windward Ridge Apartments on West Denneys Road – Review of a Site Development Application for the construction of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED-05-056.00-01-02.00-000, ED-05-056.00- 01-03.00-000, and ED-056.00-01-04.00-000. Council District 1. Review of Active Recreation Area. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. This subject area was annexed with Application AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road. At the October 16, 2023 Meeting, the Planning Commission conducted a Public Hearing and then deferred action on Application S-23- 10 seeking additional information. Original Attachments as submitted for October 16, 2023 Planning Commission Meeting: a. Development Advisory Committee (D.A.C.) Report (including Agency Comments) of October 4, 2023 b. Active Recreation Area Plan Report of October 10, 2023 (PRCE) c. Waiver Request Letters: Second Entrance and Sidewalks d. PLUS Review Response Letter of September 29, 2023 and PLUS Comment Letter of August 23, 2023 e. Site Plan Set f. Architectural Set g. Public Comments Received (as of 10/6/2023) Set 1 and Additional Email of October 12, 2023 (distributed at Meeting) Additional Information for the November 20, 2023 Planning Commission Meeting on Application S-23-19 will be forwarded when received from the Applicant. It is expected the week of November 13th. 29

Item 4. Additional Information for S-23-19 Windward Ridge Apartments on West Denneys Road: The following information has been received for Application S-23-19: • Letter of November 14, 2023 on Windward Ridge – Traffic Coordination Summary from Morris & Ritchie Associates, Inc. with Attachments o Attachment A: Traffic Impact Study Scoping Meeting Minutes of 11/7/2022 o Attachment B: Area Wide Study Fee (AWSF) and Off-site Improvements Memorandum of 8/2/2023 o Attachment C: DelDOT Application Review Commentary for the City of Dover DAC • Email of November 14, 2023 from DelDOT, Michael Vandevander with attachments o Pre-Submittal – Windward Ridge Meeting Notes from Pre-submittal conference call on 7/19/2023 with DelDOT Staff o Area Wide Study Fee (AWSF) and Off-site Improvements Memorandum of 8/2/2023 This application was originally submitted to the Planning Commission for review at their October 16, 2023 meeting. Your Meeting Packet already includes the original submission items of the project reports, comments, plans, etc. A Public Hearing was conducted on October 16, 2023; and the application was deferred seeking additional information. 30

Item 4. MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS Date: November 14, 2023 City of Dover Planning and Inspections City Hall 15 Loockerman Plaza Dover, DE 19901 Attention: Ms. Dawn Melson-Williams Subject: Windward Ridge – Traffic Coordination Summary Dear Ms. Melson-Williams: On behalf of our client, Jack Lingo Asset Management, and for the benefit of the members of the Planning Commission, Morris & Ritchie Associates (MRA) would like to offer the following information about the communications we have had with the Delaware Department of Transportation (DelDOT) throughout the development process for the Windward Ridge project. We ask that you share this correspondence with the members of the Planning Commission in advance of the hearing scheduled for November 20, 2023. As you know, the typical process for a new land development project begins with a Traffic Impact Study Scoping Meeting between the developer and DelDOT. For the Windward Ridge project, this meeting was held on November 3, 2022 and was attended by six DelDOT employees representing the Planning and Traffic Divisions, Joe Caloggero of the Traffic Group (the traffic engineer representing the developer), and yourself on behalf of the City of Dover. Minutes from this meeting were taken by the DelDOT project engineer, Claudy Joinville, dated November 7, 2022, and provided to both the developer and the City of Dover. A copy of these minutes is provided as Attachment A to this letter. As the minutes show, this meeting discussed the development of the project, the projected traffic to be generated by the project, the warrants that would need to be met for DelDOT to require a Traffic Impact Study (TIS) and the qualification for providing an Area Wide Study Fee (AWSF) in lieu of performing the TIS. As stated in the minutes: “Following the discussion of current traffic conditions at the intersections that would be evaluated if a TIS were conducted for the proposed development, the City indicated that it would not require a TIS and would support DelDOT’s decision to allow the developer to pay the AWSF in lieu of doing a TIS.” As is typical for TIS scoping meetings and as reflected in the minutes, this meeting did include the discussion of current traffic conditions around the proposed development, the impacts to those areas from the traffic to be generated by the proposed development, and what 18 Boulden Circle, Suite 36, New Castle, DE 19720 (302) 326-2200 Fax: (302) 326-2399 www.mragta.com Abingdon, MD  Baltimore, MD  Laurel, MD  Towson, MD  Georgetown, DE  New Castle, DE  Purcellville, VA  Raleigh, NC  Orlando, FL (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 (407) 317-6288 31

Item 4. Windward Ridge – Traffic Coordination Summary November 14, 2023 Page 2 the requirements would have been for a TIS. While DelDOT stated that they did not require a TIS, they did ask the City for their input and as such, both DelDOT and the City of Dover were aligned in the determination that rather than a TIS, an AWSF payment would be made by the developer to DelDOT. In addition, the minutes make clear that the developer may be required to incur additional expenses associated with the proposed development as follows: “… payment of the AWSF does not preclude the developer from making and/or participating in off-site improvements. The developer should coordinate with DelDOT’s Subdivision Section to request a pre-submittal meeting request. DelDOT will supply the developer with an AWSF letter documenting the amount of the fee and off-site improvements during the pre-submittal process.” As directed in the above meeting minutes, during the development of the preliminary plan we (MRA) reached out to DelDOT to request a pre-submittal meeting. This meeting was held on July 19, 2023. Following that meeting, DelDOT provided a memorandum dated August 2, 2023, to address the “Area Wide Study Fee (AWSF) and Off-site Improvements.” This document is provided as Attachment B, and begins with the following statement: “The subject development meets DelDOT’s volume warrants to pay the Area Wide Study Fee in lieu of doing a Traffic Impact Study (TIS).” The memorandum continues to list requirements for the developer, both financial and specific improvements related to the proposed development, as part of the project approval process. The final item in this memo (#5) addresses the option for the developer to become part of the proposed Cheswold Area Transportation Improvement District (TID). Doing this would allow the developer to pay a single fee to DelDOT to cover its obligations for improvements required for the proposed development, in lieu of providing the improvements listed in the AWSF memo. However, upon further discussions with DelDOT we learned that this project does not qualify for the TID because it is located within the City of Dover limits and the City of Dover has chosen not to participate in the TID. In addition to the above, DelDOT participated in the City of Dover Development Advisory Committee review of the Windward Ridge project in October 2023 where the reviewing engineer provided four advisory comments in their letter. This document is provided as Attachment C for your reference. Of those four comments, #2 clarifies that DelDOT is in support of providing only one access point for the development and #3 clarifies that DelDOT accepts an AWSF in lieu of a TIS, consistent with DelDOT’s position as set forth in the TIS Scoping Meeting minutes as well as the City of Dover’s position on this matter. Based upon the above, DelDOT’s decision is clear that a TIS is not required for this project and the City of Dover supported DelDOT’s decision. We understand that the PLUS review comments provided by DelDOT in the PLUS review letter dated August 23, 2023, can be confusing as they are general comments, containing references to sections of the DelDOT Development Coordination Manual instead of specific requirements applicable to the proposed development. It should be understood that the PLUS comments are typically provided well 32

Item 4. Windward Ridge – Traffic Coordination Summary November 14, 2023 Page 3 before the formal TIS Scoping Meeting where DelDOT’s engineers have the opportunity to review the specific impacts of the proposed development and make a determination as to what the developer should be required to do as it relates to the traffic generated by the proposed development. With Windward Ridge, the pre-application meeting and PLUS review were held less than two weeks from each other and therefore the comments from PLUS did not reflect the specifics discussed during the pre-application meeting. As part of a site plan review, the Planning Commission is tasked with certain objectives, as outlined in Article 10, Section 2 of the Zoning Code. Specifically related to traffic, Section 2.21 states as follows: 2.21 Maximum safety and convenience of vehicular, transit, bicycle and pedestrian traffic by ensuring that all proposed and impacted streets, driveways and walkways are adequate, but not excessive in number adequate in width, grade, alignment, capacity, and visibility, and suitably located, particularly with respect to their connection to public streets. The internal private street system within the proposed development will be designed to meet the City’s standards. Both internal and off-site vehicular and pedestrian traffic are addressed with safety in mind. In addition, the access point for the subdivision is located on a state- maintained road which is within the jurisdiction of DelDOT. Access is being provided at the safest possible position, as agreed upon by DelDOT and reflected in DelDOT’s comments to the City for the Development Advisory Committee review where they state: “The proposed entrance for this subdivision is located at a position that provides the most sight distance in each direction. The department is in support of a single access point. This will provide the safest ingress/egress to the site, and maximize the use of the sight distance.” West Denneys Road is owned by DelDOT and therefore the maintenance, design, and approval for improvements to that road are under the sole purview of DelDOT. DelDOT will be requiring the developer to improve a portion of W. Denneys Road as part of the Windward Ridge project. The curved portion will be upgraded to provide wider driving lanes and shoulders on both sides and allow for longer sight distances through the curves near the proposed entrance. All of these improvements will provide increased safety for vehicular and pedestrian travelers, in accordance with DelDOT’s requirements. The proposed entrance location for the Windward Ridge subdivision onto W. Dennys Road has been designed with consideration given to the surrounding properties and existing nearby entrances. The process for determining the safety of this project’s entrance and for providing nearby road improvements has been discussed and approved by both the City of Dover and DelDOT. The location of the entrance has been reviewed and approved by DelDOT. 33

Item 4. Windward Ridge – Traffic Coordination Summary November 14, 2023 Page 4 We trust that the information provided in this letter addresses the concerns raised by members of the Planning Commission during the hearing held on October 16, 2023. We will be happy to address any additional questions at the hearing scheduled for November 20, 2023. Very Truly Yours, MORRIS & RITCHIE ASSOCIATES, INC. Charles Barnett, Principal Enc.: Attachment A: Traffic Impact Study Scoping Meeting Minutes Attachment B: Area Wide Study Fee (AWSF) and Off-site Improvements Memorandum Attachment C: DelDOT Application Review Commentary for the City of Dover DAC Cc: Doug Motley, Jack Lingo Asset Management Joe Caloggero, The Traffic Group Pamela Scott, Saul Ewing, LLP File (21905) 34

Item 4. Attachment A Traffic Impact Study Scoping Meeting Minutes 35

Item 4. Nicole Majeski secretary MEMORANDUM TO: File FROM: Claudy Joinville, Project Engineer DATE: November 7, 2022 SUBJECT: Windward Ridge Traffic Impact Study (TIS) – Scoping Meeting Minutes (11/3/2022) ATTENDANCE: Dawn Melson-Williams, City of Dover Joe Caloggero, The Traffic Group, Inc. Sarah Coakley, DelDOT Planning Mark Galipo, DelDOT Traffic Olayiwola Okesola, DelDOT Planning Ryan Schroder, DelDOT Planning Annamaria Furmato, DelDOT Planning Claudy Joinville, DelDOT Planning This memorandum is to document the subject TIS scoping meeting that occurred on November 3, 2022. The subject land is proposed to be developed as a subdivision of 40 single- family detached houses and 264 units of multi-family mid-rise housing on an approximately 41.40- acre assemblage of parcels (Tax Parcels 2-00-05600-01-4000-00001, 4100-00001, and 4200- 00001). The land for the proposed residential development is currently split-zoned as RM (Multi- family Residential) and AR (Agricultural Residential) in Kent County, and the developer plans to annex the land into the City of Dover under RM-2 (Medium Density Residence) zoning with an SWPOZ (Sourced Water Protection Overlay Zone). The subject land, to be developed by Jack Lingo Asset Management, LLC, is located on the north side of W. Denneys Road (Kent Road 100), approximately 2,150 feet east of the intersection with Kenton Road (Kent Road 104). 36

Item 4. Memorandum to File November 7, 2022 Page 2 of 2 At the start of the meeting, DelDOT, the City of Dover, and the developer’s Consultant discussed that while the proposed residential development meets DelDOT’s warrants for a TIS, it would qualify for payment of the Area Wide Study Fee (AWSF) in lieu of doing a TIS as it would generate fewer than 2,000 trips per day and fewer than 200 peak hour trips. DelDOT informed the developer’s Consultant that DelDOT would only be amenable to payment of the fee if the City of Dover does not require a TIS. In addition to the AWSF, DelDOT, the City and the developer’s Consultant discussed potential off-site improvements that may be required of the developer as well as the potential need for a Traffic Operational Analysis (TOA). Following the discussion of current traffic conditions at the intersections that would be evaluated if a TIS were conducted for the proposed development, the City indicated that it would not require a TIS and would support DelDOT’s decision to allow the developer to pay the AWSF in lieu of doing a TIS. The developer’s Consultant decided to pursue payment of the AWSF in lieu of a TIS; as such, a scope of work for a TIS was not established. DelDOT does not anticipate requiring the developer to conduct a TOA. However, payment of the AWSF does not preclude the developer from making and / or participating in off-site improvements. The developer should coordinate with DelDOT’s Subdivision Section to request a pre-submittal meeting request. DelDOT will supply the developer with an AWSF letter documenting the amount of the fee and off-site improvements during the pre-submittal process. By copy of this memorandum I ask those copied to contact me at (302) 760-2124 or Claudy.Joinville@delaware.gov regarding any significant errors or omissions. The Consultant should request any revisions to this memorandum through the PDCA. CJ:cjm cc: Mary Ellen Gray, Director, City of Dover Pam Steinebach, Director, DelDOT Planning Todd Sammons, Assistant Director, Development Coordination Wendy Polasko, Subdivision Engineer, Development Coordination Sireen Muhtaseb, TIS Group Manager, Development Coordination 37

Item 4. Attachment B: Area Wide Study Fee (AWSF) and Off-site Improvements Memorandum 38

Item 4. N ic o l e M a j e s k i s e c r e ta r y MEMORANDUM TO: Will Mobley, Acting Kent County Review Coordinator FROM: Sireen Muhtaseb, TIS Group Manager DATE: August 2, 2023 SUBJECT: Windward Ridge (Protocol Tax Parcel # 2-00-05600-01-4000-00001) Area Wide Study Fee (AWSF) and Off-site Improvements The subject development meets DelDOT’s volume warrants to pay the Area Wide Study Fee in lieu of doing a Traffic Impact Study (TIS). This memorandum is to address the amount of that fee and the off-site improvements that should be required of the developer in the absence of a TIS. The fee and improvements presented below are an alternative to the developer doing a TIS and the improvements identified through DelDOT’s review of that study. 1. The proposed development consists of 300 dwelling units of multi-family low-rise housing. Based on our review, using Land Use Code 220 of the 11 th edition of the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, the proposed development would generate 1,998 average vehicle daily trips (ADT) and 150 vehicle trips during the p.m. peak hour. The fee is calculated at ten dollars per daily trip. For the proposed development, the fee would be $19,980. 2. The developer shall improve the State-maintained road(s) on which they front, within the limits of their frontage, to meet DelDOT’s standards for their Functional Classification as found in Section 1.1 of the Development Coordination Manual and elsewhere therein. The improvements shall include both directions of travel, regardless of whether the developer’s lands are on one or both sides of the road. Frontage is defined in Section 1 of the Development Coordination Manual, which states “This length includes the length of roadway perpendicular to lines created by the projection of the outside parcel corners to the roadway.” Questions on or appeals of this requirement should be directed to the DelDOT Subdivision Review Coordinator in whose area the development is located. 39

Item 4. Mr. Will Mobley August 2, 2023 Page 2 of 2 3. Section 2.2.2.2 of the Development Coordination Manual allows DelDOT to accept the AWSF in lieu of a TIS, but only if the local land use agency does not require a TIS. If the City of Dover requires a TIS for this development, DelDOT will support that requirement and will not accept the AWSF. 4. The developer shall enter into a traffic signal agreement for the intersection of McKee Road (Kent Road 156) and W. Denneys Road (Kent Road 100). Or the developer may contribute to the Traffic Signal Revolving Fund (TSRF) in the amount of $50,026.92. The developer should coordinate with the DelDOT Subdivision Section to execute the traffic signal agreement or the TSRF agreement and pay the TSRF amount. 5. The proposed development is located within the boundary of the proposed Cheswold Area Transportation Improvement District (TID). The TID is still under development and is anticipated to become operational at the end of year 2023/early 2024. Although the subject property is within the Cheswold Area TID, the developer would be required to participate in the TID only if they submit a plan to DelDOT for approval after the TID is operational. For more information on the status of the Cheswold Area TID, the developer should contact Sarah Coakley, Principal Planner, within DelDOT’s Statewide & Regional Systems Planning, by phone at 302-760-2236 or email at Sarah.Coakley@delaware.gov. If you have any additional questions or comments, please let me know. SM: km cc: Nick Hammonds, Jack Lingo Asset Management, LLC Rob Grenon, Morris & Ritchie Associates, Inc. Mary Ellen Gray, Director, City of Dover Michael Simmons, Chief of Project Development South, DOTS Wendy Carpenter, Traffic Calming & Subdivision Relations Manager, Traffic, DOTS Sean Humphrey, Traffic Engineer, DelDOT Traffic, DOTS Matthew Lichtenstein, Central District Engineer, Central District Steve McCabe, Central District Public Works Manager, Central District Sarah Coakley, Principal Planner, Statewide & Regional Systems Planning, Planning Todd Sammons, Assistant Director, Development Coordination, Planning Wendy Polasko, Subdivision Engineer, Development Coordination, Planning Michael Vandevander, Subdivision Reviewer, Development Coordination, Planning Annamaria Furmato, TIS Group Engineer, Development Coordination, Planning Tanner Chiamprasert, Johnson, Mirmiran, & Thompson, Inc. 40

Item 4. Attachment C: DelDOT Application Review Commentary for the City of Dover DAC 41

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Windward Ridge Apartments FILE#: S-23-19 REVIEWING AGENCY: DelDOT CONTACT PERSON: Michael Vandevander 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. A pre-submittal meeting with DelDOT is required to further discuss the project. 2. Site Access. The proposed entrance for this subdivision is located at a position that provides the most sight distance in each direction. The Department is in support of a single access point. This will provide the safest ingress/egress to the site, and maximize the use of the sight distance. 3. Although DelDOT's TIS warrants are met, DelDOT may accept an Area Wide Study Fee (AWSF) since the site would generate fewer than 2,000 ADT and fewer than 200 peak hour trips in lieu of a TIS if the Local Land Use Agency does not require a TIS. Please provide documentation stating that the LLUA does NOT require a TIS. Upon receipt of this, DelDOT will issue an AWSF letter stating the required fee and improvements for this project. 4. There is an existing single home on the southwest corner of the project site. This home is to remain. The proposed pedestrian facility (Shared Use Path SUP) will stop at the eastern portion of this existing lot. Continuing the SUP is not advised due to the limited site area. The Department is willing to accept a Permanent Easement at that location. 42

Item 4. From: Vandevander, Michael (DelDOT) To: Melson-Williams, Dawn; Charles Barnett Cc: Mobley, Will (DelDOT); Polasko, Wendy (DelDOT) Subject: EXTERNAL: Windward Ridge Date: Tuesday, November 14, 2023 1:59:02 PM Attachments: 2023-7-19 - Windward Ridge DelDOT Presubmittal Meeting Minutes (1).docx 2023-08-02_Windward-Ridge_AWSF_Offsite-Requirements - Memo (2).doc 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. Dawn, Good afternoon, I have attached meeting minutes and the AWSF to clarify that Mr. Charles Barnett from Morris & Ritchie Assoc. INC has been in contact with DelDOT on the Windward Ridge Project. A pre-submittal meeting was held 19 July 2023 at 1:30pm. On 02 August 2023, an Area Wide Study (AWSF) was completed. Also, there was Traffic Impact Study (TIS) – Scoping Meeting on 03 November 2022. Please forward this email to the planning commission as to clarify any doubt they may have in reference to this project. Any questions or concerns please advise. V/R Michael Michael Vandevander Kent County Reviewer Development Coordination/Planning/DELDOT 302-760-2141 michael.vandevander@delaware.gov 43

Item 4. MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS Pre-Submittal – Windward Ridge Wednesday, July 19, 2023, 1:30 PM Attendees: Michael Vandevander, Wendy Polasko, Will Mobley, Steve McCabe, Linda DelDOT: Osiecki, Rachel Goff, Sean Humphrey, David Heckman MRA: Robert Grenon, Charlie Barnett Topics of Discussion Windward Ridge – Pre-submittal conference call to discuss proposed improvements for West Denneys Road frontage and entrance improvements MRA Discussion: Robert Grenon provided project overview of the proposed Windward Ridge residential project. The project is located in City of Dover on West Denneys Road. Total project will have 300 apartment dwelling units. The road was engineered in 1933 per DelDOT contract #319 as crowned and not super-elevated. Per topo and field observation the western portion of the S-curve is constructed as crowned and the east curve is constructed as super-elevated. DelDOT Observations / Recommendations: • Will Mobley stated that 11’ lanes and 5’ shoulders are acceptable per the 2022 DelDOT Road Design Manual. • Wendy Polasko suggested looking into joining the Cheswold TID zone. She recommended us contacting Sarah Coakley when she returns to the office. This would eliminate AWS fee and site frontage requirements beyond entrance turn lanes construction, however the fee is unknown at this time. • DelDOT stated that if the developer did not join the TID, W. Denneys Road would need to be improved for the entire projected frontage, which is approximately 1,900 linear feet. • Wendy Polasko stated that the 40 MPH posted speed is also the design speed. • Charlie Barnett (MRA) requested DelDOT’s opinion on the City of Dover request for a 2nd entrance onto West Denneys Road. Will Mobley strongly discouraged this because of limited access. The code, per the road classification, limits to a 250’ distance from existing driveways. In addition, the road is on an S-curve that is superelevated and could be unsafe. DelDOT’s general preference is to consolidate and minimize access points as much as possible. • Michael Vandevander recommended that MRA look at removing the eastern access of the residential crescent driveway near Sta 24+20. • Robert Grenon (MRA) discussed (2) existing utility poles near Sta 22+10 and Sta 28+00 that are within of line of sight. Wendy Polasko stated that because the pole 18 Boulden Circle, Suite 36, New Castle, DE 19720 (302) 326 -2200 Fax: (302) 326-2399 www.mragta.com Abingdon, MD  Baltimore, MD  Laurel, MD  Towson, MD  Georgetown, DE  New Castle, DE  Leesburg, VA  Raleigh, NC 44 (410) 515-9000 (410) 935-5050 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103

Item 4. distances are far enough away from proposed entrance that they wouldn’t be an obstruction and therefore won’t need to be relocated. • Wendy Polasko stated that the Shared Use Path limits as designed are satisfactory and the Permanent Easement limits shown are correct as well. • Robert Grenon (MRA) suggested to reuse the current East superelevation eMAX since it appears to have the eMAX similar to current requirements. DelDOT recommend reviewing this on construction plans. • Steve McCabe mentioned that the existing 12” RCP culvert depicted near Sta 27+60 is a 15” RCP and can be open cut if it is extended or replaced. • Steve McCabe stated that the underground gas main and water main would not need to be replaced and recommended contacting the owners for coordination. • Steve McCabe required relocation of poles to be outside of the clear zone. Any existing breakaway telecommunication boxes, mailboxes, fire hydrants, or signs do not need to be moved. This was confirmed by Wendy Polasko. • Steve McCabe suggested we have pavement cores performed and obtain pavement section and mill overlay recommendations from DelDOT. • Michael Vandevander stated that the next submittal would have a 30-day turn- around period. • Meeting ended 45

Item 4. Nicole Majeski secretary MEMORANDUM TO: Will Mobley, Acting Kent County Review Coordinator FROM: Sireen Muhtaseb, TIS Group Manager DATE: August 2, 2023 SUBJECT: Windward Ridge (Protocol Tax Parcel # 2-00-05600-01-4000-00001) Area Wide Study Fee (AWSF) and Off-site Improvements The subject development meets DelDOT’s volume warrants to pay the Area Wide Study Fee in lieu of doing a Traffic Impact Study (TIS). This memorandum is to address the amount of that fee and the off-site improvements that should be required of the developer in the absence of a TIS. The fee and improvements presented below are an alternative to the developer doing a TIS and the improvements identified through DelDOT’s review of that study. 1. The proposed development consists of 300 dwelling units of multi-family low-rise housing. Based on our review, using Land Use Code 220 of the 11th edition of the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, the proposed development would generate 1,998 average vehicle daily trips (ADT) and 150 vehicle trips during the p.m. peak hour. The fee is calculated at ten dollars per daily trip. For the proposed development, the fee would be $19,980. 2. The developer shall improve the State-maintained road(s) on which they front, within the limits of their frontage, to meet DelDOT’s standards for their Functional Classification as found in Section 1.1 of the Development Coordination Manual and elsewhere therein. The improvements shall include both directions of travel, regardless of whether the developer’s lands are on one or both sides of the road. Frontage is defined in Section 1 of the Development Coordination Manual, which states “This length includes the length of roadway perpendicular to lines created by the projection of the outside parcel corners to the roadway.” Questions on or appeals of this requirement should be directed to the DelDOT Subdivision Review Coordinator in whose area the development is located. 46

Item 4. Mr. Will Mobley August 2, 2023 Page 2 of 2 3. Section 2.2.2.2 of the Development Coordination Manual allows DelDOT to accept the AWSF in lieu of a TIS, but only if the local land use agency does not require a TIS. If the City of Dover requires a TIS for this development, DelDOT will support that requirement and will not accept the AWSF. 4. The developer shall enter into a traffic signal agreement for the intersection of McKee Road (Kent Road 156) and W. Denneys Road (Kent Road 100). Or the developer may contribute to the Traffic Signal Revolving Fund (TSRF) in the amount of $50,026.92. The developer should coordinate with the DelDOT Subdivision Section to execute the traffic signal agreement or the TSRF agreement and pay the TSRF amount. 5. The proposed development is located within the boundary of the proposed Cheswold Area Transportation Improvement District (TID). The TID is still under development and is anticipated to become operational at the end of year 2023/early 2024. Although the subject property is within the Cheswold Area TID, the developer would be required to participate in the TID only if they submit a plan to DelDOT for approval after the TID is operational. For more information on the status of the Cheswold Area TID, the developer should contact Sarah Coakley, Principal Planner, within DelDOT’s Statewide & Regional Systems Planning, by phone at 302-760-2236 or email at Sarah.Coakley@delaware.gov. If you have any additional questions or comments, please let me know. SM: km cc: Nick Hammonds, Jack Lingo Asset Management, LLC Rob Grenon, Morris & Ritchie Associates, Inc. Mary Ellen Gray, Director, City of Dover Michael Simmons, Chief of Project Development South, DOTS Wendy Carpenter, Traffic Calming & Subdivision Relations Manager, Traffic, DOTS Sean Humphrey, Traffic Engineer, DelDOT Traffic, DOTS Matthew Lichtenstein, Central District Engineer, Central District Steve McCabe, Central District Public Works Manager, Central District Sarah Coakley, Principal Planner, Statewide & Regional Systems Planning, Planning Todd Sammons, Assistant Director, Development Coordination, Planning Wendy Polasko, Subdivision Engineer, Development Coordination, Planning Michael Vandevander, Subdivision Reviewer, Development Coordination, Planning Annamaria Furmato, TIS Group Engineer, Development Coordination, Planning Tanner Chiamprasert, Johnson, Mirmiran, & Thompson, Inc. 47

Item 4. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 4, 2023 PLANNING COMMISSION MEETING OF October 16, 2023 Plan Title: Windward Ridge Apartments, S-23-19 Plan Type: Site Development Plan and Minor Lot Line Adjustment Plan Active Recreation Area Plan Location: North Side of West Denneys Road and west of but not adjacent to West Denneys Road Addresses: 57 Rocky Road 4085 West Denneys Road Unaddressed parcel on north side of West Denneys Road Tax Parcels: ED-05-056.00-01-02.00-000 ED-05-056.00-01-03.00-000 ED-05-056.00-01-04.00-000 Owners: George L. Craig Jr. and Deborah J. Craig Robert G. Keller and Gloria K. Keller Bruce A. Burkett Equitable Owner/Developer: Jack Lingo Asset Management, LLC Site Area: Lot A: 3.5 acres +/- Lot B: 1.01 acres +/- Remaining Lot Area: 35.61 acres (Project Area) Total: 40.12 Acres +/- Zoning: RM-2 (Medium Density Residence Zone and partially subject to SWPOZ (Source Water Protection Overlay Zone) Current Use: Two Single Family Detached Dwellings (to remain) and Woodland Proposed Use: Garden Style Apartments (Multi-family Community) Dwelling Units: 300 apartment units Parking for Apartments: Required: 675 spaces and 1 space for office Proposed: 724 spaces Water: Tidewater Utilities (in their CPCN) Sewer: City of Dover P. O. Box 475 Dover, DE 19903 48 Community Excellence Through Quality Service

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 2 of 14 For Consideration: Active Recreation Area Plan Recreation Area: Required – 83,050 SF (1.90 acres+/-) Provided – 97,360 SF (2.24 acres+/-) Waiver Requests: Partial Elimination of Sidewalk Subdivision Waiver for Requirement for Two Connections to Public Street 49

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 3 of 14 CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 4, 2023 APPLICATION: Windward Ridge Apartments on West Denneys Road FILE #: S-23-19 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, Principal Planner PHONE #: (302) 736-7196 I. PLAN SUMMARY: This application is for Review of a Site Development Plan Application for the construction of a thirteen (13) garden apartment building complex to be known as Windward Ridge. It consists of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED- 05-056.00-01-02.00-000, ED-05-056.00-01-03.00-000, and ED-05-056.00-01-04.00-000. Council District 1. Review of Active Recreation Area. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. Existing Properties: The subject properties are located on the north side of West Denneys Road to the west of the residential subdivision known as Carlisle Village (Carlisle Village is not within the City). Adjacent areas to the south of West Denneys Road are within the City of Dover. The three parcels described below were recently annexed into the City of Dover (AX-22-03). The Craig property (to be Lot A) includes a dwelling and other accessory structures off a private drive named Rocky Road. The north portion of the existing lot contains a large woodland area. The Keller property (to be Lot B) includes an existing single-family detached dwelling directly adjacent to West Denneys Road and continues to be predominately wooded for the balance of the parcel. The Burkett property is a wooded lot with no buildings adjacent to Carlisle Village. These properties are not currently served by City Electric or by City Water & Wastewater services. An equitable owner has filed an application for redevelopment of the properties for residential use as an apartment complex. 50

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 4 of 14 Surrounding Land Uses To the east, the subject area is adjacent to the residential subdivision of Carlisle Village, an existing neighborhood of single-family detached dwellings zoned RS1 (in Kent County). To the south across West Denneys Road is the State owned parkland known as the Anne McClements Woodland as part of the Fork Branch Nature Preserve; it is zoned ROS (Recreational and Open Space Zone). Portions of this park area at the southeast corner of the intersection of Kenton Road and West Denneys Road were previously proposed for development as the Maidstone Subdivision prior to its donation/sale to the State to expand the park. The area consists of open fields and wooded areas. To the west of the subject area are other properties zoned AR (Agricultural Residential District) under the jurisdiction of Kent County including a church, other single family dwellings, and woodland areas. To the north, is a stream that is part of the Fork Branch waterway system and another wooded tract. II. PREVIOUS APPLICATIONS: The subject area (three properties) was annexed into the City in early 2023 with Application AX- 22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road. At the time of annexation, the properties were rezoned to RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). III. PROJECT DESCRIPTION: The Site Development Plan as submitted by the applicant for the Windward Ridge Apartments consists of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots (Lot A and Lot B). The site also has a series of parking lots and six (6) small garage buildings each with six interior parking spaces. There is a sidewalk network throughout the site and walking paths/trails connecting to active recreation areas. The Site Plan (Sheets 1-8 dated 8/15/2023) and the Architectural Drawings and Photo Series Set (Set of 8 ½” by 14” Sheets) also describes the approaches to the Active Recreation Area Plan amenities. Minor Lot Line Adjustment Plan This Site Plan includes a Minor Lot Line Adjustment Plan (Sheet 2) to reconfigure the existing three parcels to create a large tract for the apartment development. While the existing single family detached dwellings will remain each on their own lot. Lot A (Craig) at 57 Rocky Road is to consist of 3.5 acres+/- and include a single family detached residence and associated accessory buildings. Lot B (Keller) at 4085 West Denneys Road is to consist of 1.01 acres+/-. The balance of the properties and the other wooded parcel (Burkett) are the subject area for redevelopment. Preliminary Land Use Services Review (PLUS) An application (PLUS Review #2023-07-09) related to this Windward Ridge 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 July 26, 2023. 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 51

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 5 of 14 process prior to application submission. The development proposal submitted by the developers to PLUS envisioned 312 apartment units* for the total 40.12 acres. Copies of the PLUS Review Comments are provided along with the Applicant’s Response to the PLUS Comments. *Note: The Plan design has since been refined to 300 apartment units. IV. ZONING REVIEW: RM-2 (Medium Density Residential Zone) The properties have the zoning of RM-2 (Medium Density Residence Zone). The types of permitted uses in the RM-2 (Medium Density Residence Zone) are given in Article 3 §7 of the Zoning Ordinance and referenced sections including Article 3 §1. One-Family Residence Zones. The RM-2 zone allows for a variety of housing unit types ranging from single family detached dwellings, duplexes, multiplexes, and townhouses to garden apartments. The RM-2 zone has a maximum gross residential density limitation of eight dwelling units per acre. The bulk standards are found Zoning Ordinance, Article 4 Section 4.6 and are based on the proposed housing type. SWPOZ (Source Water Protection Overlay Zone) The subject area is also partially subject to the SWPOZ (Source Water Protection Overlay Zone). In this case, the SWPOZ: Tier 3 – Excellent Recharge Area crosses through the northern portion of the subject area. The regulations regarding the Tier 3 - Excellent Recharge Areas of the SWPOZ can be found in Article 3 §29.79 of the Zoning Ordinance. The proposed use as garden apartment (residential) is not prohibited in the SWPOZ. For Tier 3: Excellent Recharge Areas, the maximum lot coverage for the site is 30% unless infiltration is utilized then the maximum lot coverage is 60%. In the SWPOZ, the differential volume of stormwater between the 30% and 60% lot coverage must utilize infiltration. The Plan indicates that 18.61 acres of the site is within the SWPOZ and of that 5.03 acres will be impervious; therefore, an impervious coverage of 27%. V. PARKING SUMMARY: 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 (300 apartment units), this site would require 675 parking spaces. The plans submitted identify a total of 724 parking spaces located around the perimeter of the complex flanking the drive aisles and including handicapped accessible parking spaces near each building. There are also a series of 12 garage buildings of six spaces each throughout the complex. The Plan also identified EV parking spaces. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. With 724 vehicle parking spaces, then 37 bicycle parking spaces are required. The site plans submitted appear to identify six bike rack locations for a total of 42 bike spaces, but no details on format are provided. Upright Curbing The upright cubing for parking lots and drive aisles is required by the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. The type of curbing must be clarified on the Site Plan. 52

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 6 of 14 VI. SITE CONSIDERATIONS: Access The access to this Apartment Complex is with a divided boulevard style entrance/exit from West Denneys Road. The entrance drive is named Windward Boulevard which continues throughout the apartment complex as drive aisles. These drive aisles are named Crosswind Drive, Leeward Way, and Tradewind Way. These are not rights-of-way or roadways to be dedicated as City streets. Subdivision Waiver: Requirement for Two Connections to Public Street The Land Subdivision Regulations outline requirements for streets in Article VI. Subdivision – General Requirements and Design Standards, A. Streets. Subsection 8 lists provisions for interconnected streets including the requirement for two connections to a state or city maintained street for site developments containing more than 150 or more dwelling units. Article VI. Subdivision – General Requirements and Design Standards A. Streets 8. The creation of interconnected streets will be encouraged wherever the commission finds that such layout will not interfere with traffic convenience and safety. The commission shall determine the number of connections of streets in the proposed subdivision with existing streets. At least two connections onto a state-maintained road or a city-maintained street are required unless the Delaware Department of Transportation or the city engineer determines that the second connection will not be permitted or is determined to be nonfeasible. This requirement shall pertain to: (a) Subdivisions containing 20 or more lots, plots, sites, or parcels. (b) Site developments containing 150 or more dwelling units. The Windward Ridge Apartment complex proposes 300 dwelling units. The Plan proposes one entrance connecting to West Denneys Road in the form of a divided boulevard entry. The Applicant has filed a written waiver request citing insufficient road frontage to accommodate two entrances due to length of frontage, the proximity of the existing Carlisle Drive, and the driveway entrances of the single family dwellings; see attached letter. The Planning Commission will make a recommendation on this Subdivision Waiver to be forwarded to City Council for action as per Land Subdivision Regulations, Article VII. Special Provisions, A. Variance and waiver. Article VII. Special Provisions A. Variance and waiver. 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commi ssion may recommend to the city council, and the city council may vary or waive said requirements, provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. 53

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 7 of 14 Rear Emergency Access Rear Emergency Access is required for some residential dwelling types. According to Article 5, Section 17 of the Zoning Ordinance an 18 ft. wide Secondary Fire Lane or 18 ft. wide subgrade emergency access lane is required for Apartments that are 2-3 stories to serve as rear access. This is to provide access to rear building areas. The plan calls for an emergency access lane network to reach the rear of each apartment 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. Lighting The plan must add a series of lighting fixtures to light the parking lots and access ways to the buildings. Sidewalks Sidewalks are shown on the plans between the parking areas and the building access points. These sidewalks are on the building side of the parking lots and include designated crosswalks at drive aisle crossings. A sidewalk connects from the multi-use path along West Denneys Road frontage into the site on the east side of Windward Boulevard. There are also a series of mulch walking paths the circulate through the woodland areas. Waiver Request: Partial Elimination of Sidewalks (Pathways) Sidewalks are required along all street frontages of a property (Zoning Ordinance, Article 5 Section 18) for development proposals subject to Site Development Plan review by the Planning Commission. Review of the Plan shows a multi-use path along portions of the West Denneys Road frontage proposed for development of the apartment complex. A written waiver request was submitted for consideration by the Planning Commission to eliminate the sidewalk/pathways for the segments of West Denneys Road in front of the existing single family detached dwellings. The Planning Commission should act on this waiver request as part of their review of the Site Development Plan; see the following Zoning Ordinance citation on waivers of pathways. Sidewalks are a type of pathway. Article 15 §18.5 Waiver of pathway locations requirements. The property owner or developer may request a waiver from the planning commission or city planner, according to the type of plan review required by article 10 of this ordinance, under the following circumstances in order to reduce or eliminate the requirements for pathway installation: a) When the property is isolated from the existing pathway network, with no existing pathways within the immediate vicinity of the property. b) When the proposed use would not generate or attract additional pedestrian, bicycle, or other non-motorized trips. c) When physical characteristics of the property are such that pathway installation is impractical or impossible. 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 300 apartment units, a total of thirteen (13) Dumpsters are required. There fourteen (14) Dumpsters within the parking lot areas. There must be space for both trash and recycling containers in these Dumpsters. 54

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 8 of 14 VII. BUILDING ARCHITECTURE: The applicant has submitted example elevations (drawings and photographs of similar buildings) for the apartment buildings. These are three story buildings with a slightly pitched roof the gable elements over certain sections. Each unit has a balcony or patio area. The larger buildings have two points of entry as an open stairwell corridor to access the units on each floor. The exterior finishes of the apartment buildings consist of a masonry watertable, horizontal vinyl siding with a band board dividing the second and third floors with a change in siding color. The siding on the select gable elements is vertical. Architectural asphalt shingles are shown for the pitched roofs. The Garage Buildings have a masonry watertable and then horizontal vinyl siding for the wall surface along with an asphalt shingled hipped roof. There are garage doors across the front of the structure leading to individualized garage bays. Turned gable elements are added to the front of the garages including the vertical siding similar to the gable end. 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 10001C0162H effective date May 5, 2003. Portions of the subject property are within the Special Flood Hazard Area (100-year floodplain/ 1% chance of annual flooding) as Zone AE; it is found in the northern portion of the site. The floodplain 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 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 37.44 acres of existing woods, and they propose to remove a portion of the woodland area to make way for the buildings development and preserving 19.02 acres of woodland (50.8%). The maximum amount of woodland that can be cleared is 50% with anything over that amount requiring mitigation. Based on a development area of 817,561 SF, the minimum required number of trees is 273. The site plans show 273 trees spread over the site around the parking lots on islands, adjacent to the buildings, and in the internal open space areas. The plan does not specify tree species. 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 Non-Tidal wetland areas. A 100-foot setback is required; however, this can be reduced to 50 feet with implementation of a Riparian Buffer or reduced to 30 feet with bank stabilization. Adjacent to the wetlands, the plan shows a 50 foot riparian buffer where existing woodland vegetation will be maintained. The site circulation drive aisle crosses a small stream in one location and there are several walking path small (wood) bridge crossings. More detail on these crossings is needed. 55

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 9 of 14 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 83,050 SF (1.90 acres) of area (using 302 units). An itemized listing of the Recreation Areas and materials is given on Plan Sheet 8 and example features in the Architectural Packet. The proposed amenities include a Clubhouse with Pool, Tot Lot Playground, Walking Trails, Exercise/Picnic Area, and Dog Park Area. See Recreation Plan Review Report for more detailed review (attached document to be provided). XI. 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) Sidewalks must be provided along the full frontage of West Denneys Road (across all three properties) unless the Waiver Request is approved for the partial elimination of the sidewalk across Lot A and Lot B. 2) Two connections to a street must be provided unless the Subdivision Waiver Request is approved to eliminate the Requirement for the Two Connections to a Public Street. 3) Active Recreation Area: The applicant is responsible for providing an Active Recreation Area of a minimum of 83,050 SF (rate for 302 units). The Plans Applicant has provided information indicating they intend to provide 97,360 SF of Active Recreation Area. See Recreation Plan Review Report 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. b. The Active Recreation Area is scheduled to be reviewed by the Council Committee of the Whole: Parks, Recreation & Community Enhancement Committee on October 10, 2023. 4) 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 the type of curbing proposed. 56

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 10 of 14 5) Sheet 1 – Cover Sheet: a. In Site Data Column: i. Item 3: List information on the size of the existing parcels and the proposed sizes of each parcel/lot and the specific Project Development Area. ii. List height of proposed apartment buildings. iii. List counts by types of parking spaces: regular vehicle, handicapped spaces, EV, and spaces within garages. iv. Clarify the size of the project parcel and ensure it is the area utilized for the various SWPOZ, impervious surface, woodland, and landscape/tree planting calculations. b. Add City of Dover to title of drawing (in center of page). c. Add developer/equitable owner Certification note and signature block. d. General Notes: i. Clarify if a Homeowners Association or a Property Maintenance entity associated with the Apartment complex management will be established. Update references in Notes #1-3. ii. Check spelling in Notes. iii. Check contact information for the Kent Conservation District. iv. Cite source of wetlands delineation. 6) Sheet 2 – Record Plan: A Record Plan sheet was submitted to show the reconfiguration of the three parcels (Minor Lot Line Adjustment Plan). The Record Plan must include cross access easements, any easements, or other items affecting the property lines. a. This sheet must include the appropriate site data column and signature block unless Sheet 1 is to be included as part of the Record Plan set. The City of Dover does not require the recordation of the entire Site Plan set. b. Label permanent easements and right-of-way dedications along West Denneys Road. c. Label remaining Lot (Project Development Area Lot) and its area. d. Add Special Flood Hazard Area (floodplain) location. e. Label setbacks for each Lot. f. List Bulk Standards for garden apartment units. g. Add SWPOZ (Source Water Protection Overlay Zone) boundary lines. h. Show any proposed utility easements to bring sanitary sewer and/or water to the remaining single family detached dwelling unit Lots. i. Add notes and any waivers received. 7) Sheet 3 – Existing Conditions: a. Label sizes of wetland areas. b. Label that West Denneys Road is a State maintained roadway. c. In Legend identify line as SWPOZ (Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area.) 8) Sheets 4 and 5 - Preliminary Site Plan: a. Create a distinct match line between plan sheets. b. Clarify the type of curbing for parking lots and drive aisles. c. Identify accessible ramps for sidewalk crossings at points of intersection with drive aisles and at handicapped parking areas. d. Identify accessible ramps and curb depressions for access to rear emergency access lanes. 57

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 11 of 14 e. Identify width of walkway trails and sidewalks. f. Add traffic control signage for fire lanes and handicapped parking signage locations. g. Identify or note the number of dumpsters to be accommodated in each enclosure. h. Ensure parking spaces next to garage units can be safely parked in i.e., can a vehicle turn into the space and exit vehicle. i. Clarify if any of the EV parking spaces are handicapped accessible. j. Label locations of bike racks. k. Entrance design of Windward Boulevard intersection with West Denneys Road is subject to DelDOT review. l. Add connecting sidewalks to the playground area and to several of its benches. m. Add crosswalk to southern of Building 10 at trail crossing. 9) Please provide one or more detail sheets depicting required site details, including but not limited to bike racks, Dumpsters, stormwater, curbing, and utility details, etc. 10) Please detail any lighting proposed for this site. Show locations to ensure parking lot and walkway/paths have adequate lighting and include any lights on the buildings. 11) Sheets 6 and 7 Utility Plan: a. It is noted that the water provider is Tidewater Utilities and will require coordination with the City’s Department of Water & Wastewater. b. The plan must show hydrants interior to the site for fire protection. c. Consider design location of water lines. As depicted, there are lines under garage buildings and within areas that are designated for the rear emergency access (paths for fire/emergency response equipment). 12) Sheet 8 – Preliminary Landscape Plan: a. Confirm the woodland area and woodland clearing amounts on the Development Area Lot. b. Add certification notes and design professional signature. c. Add planting details. d. Provide details of the Clubhouse and its amenities i.e., surfaces, shade structures, fencing, etc. e. Identify specific tree species for proposed trees. Label trees on plan and provide planting schedule/tally chart. f. Clarify Dog Park Area as it appears to be placed in a woodland area. g. Identify any landscape planting plan around each apartment building. h. Tree placements providing shade to recreation amenity areas is encouraged. i. Show any required demarcation shrub plantings for rear emergency access lanes. j. Please be aware of placement of any trees/landscaping with regards to any underground utilities/storm water management systems and rear emergency access lanes. 13) Provide the distance from the edge of parking/drive aisles to each apartment building. Also provide dimensions of typical parking spaces and width of access areas to rear emergency access lanes from parking lot. 14) Provide details on the bridge or culvert crossing of at the non-tidal wetlands/stream. 58

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 12 of 14 15) Include a detailed outline of the linear feet length of walking path. 16) Note the number of bicycle parking spaces to be provided. Add detail of bike rack. 17) Signs are subject to a separate review and approval process in the City of Dover. There is a proposed freestanding sign in the median of the entrance (Windward Boulevard). Per the Sign regulations a monument sign or a post and panel sign may be placed at the entrance of certain size limitations. 18) 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 technical review requirements of other agencies. 19) The Final Plan set must include notes documenting any action taken by the Planning Commission regarding any requested waivers and must list any additional conditions of approval. 20) Additional review comments may be provided in the future as more detailed plans are developed. 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: Subdivision Waiver for Requirement for Two Connections to Public Street: Planning Staff recommends approval of the waiver request to eliminate the requirement for two connections to a public street with the condition that the Apartment Complex entrance remain as a divided boulevard-like entrance. This is based on the preliminary comments received from DelDOT regarding options for the entrance design to connect to West Denneys Road. It noted that there a no options for interconnection with the adjoining Carlisle Village Subdivision to the east and to the north are floodplain areas. The only possibility for interconnection would be if any properties to the west or Lot A/Lot B proposed development in the future. The boulevard-like entrance format could allow for a potential access/egress option should one lane be blocked by an emergency. 2) Waiver Request: Partial Elimination of Sidewalks: Planning Staff recommends approval of the waiver request to eliminate the requirement for the construction of sidewalks along a segment of the north side of West Denneys Road adjacent to the existing single family detached dwellings. This is based on the findings of the physical characteristics of this 59

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 13 of 14 frontage area with existing driveways, trees, and house proximity. Also, this is a segment unlikely to be traveled by pedestrians as no sidewalks exist to the west. However, if these properties are redeveloped in the future, then reconsideration of this requirement will be warranted. 3) Tree Plantings: Planning Staff encourages 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) Bicycle Parking: Planning Staff encourages providing covered bicycle parking opportunities within the buildings or as an extension of the garage buildings. 5) EV Parking: Planning Staff encourages this project to include the installation of Electric Vehicle Charging Stations in its parking lot. Currently, the Zoning Ordinance does not require them, but many other jurisdictions have implemented such requirements and there also may be State Code requirements for Electric Vehicle Charging Stations. Electric Vehicle Charging Stations formats include EV-Capable, EV-Ready, and EV-Installed. a. Ensure some of the EV spaces are handicapped accessible. b. Clarify if the garage spaces offer EV charging opportunities. 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. The Subdivision Waiver requires review and action by the Council Committee of the Whole: Safety Advisory and Transportation Committee and City Council. 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) The site is located within the SWPOZ (Tier 3: Excellent Recharge Area) and the Planning Office and Kent Conservation District will coordinate to ensure compliance. 5) 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. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete 60

Item 4. S-23-19: Windward Ridge Apartments Site Plan DAC Report of October 4, 2023 Page 14 of 14 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. 6) 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. 7) 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, site grading, etc. 8) The addresses for the new buildings proposed on the property will need to be confirmed with the City’s Tax Assessment Office. Each apartment building will be addressed using the named drive aisles of Crosswind Drive, Leeward Way, and Tradewind Way. 9) 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. 10) 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. 11) 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. 61

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 27, 2023 APPLICATION: Winward Ridge Apartments on West Denneys Road FILE #: S-23-19 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. A note to this effect is to be added to the plan. Dumpster locations should also be provided on the plan. 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. Please be advised that easements will not be provided for the stormwater infrastructure on this site, it 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 street network is to be private and will not be maintained by the City of Dover. WATER 1. The certificate of public convenience and necessity (CPCN) for this property is held by Tidewater Utilities. Please obtain approval from Tidewater Utilities for the water design. 2. If the water source to this property is purchased from the City of Dover, by Tidewater Utilities, potential water infrastructure improvements may be necessary, depending on the demand of this development. 3. Staff performed a water model study for this development, based on the current unit count, this site would require a twelve- inch (12”) service line to feed the complex. This assumes that the water is purchased through our water system and not through a separate water source from Tidewater. Additionally, future requirements may be required when the final water demand figures are provided. 62

Item 4. Windward Ridge Apartments on West Denneys Road File #: S-23-19 September 27, 2023 Page 2 of 3 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. Per the Water / Wastewater Handbook, provisions shall be made to extend sewer service to all adjoining properties, parcels or lots, regardless of ownership or control of adjoining properties, parcels or lots. 9. The downstream pump station must be evaluated by the developer / engineer to verify it can handle the additional effluent flow. 10. Provisions shall be made to extend sewer service to all adjoining properties, parcels or lots, regardless of ownership or control of adjoining properties, parcels or lots. 11. The proposed pump station shall be privately maintained. 12. If adjacent properties connect to the sanitary sewer service in this development, the infrastructure can be installed within an easement that the city would maintain, this includes the pump station. Please be advised that all infrastructure must be installed per city requirements for future maintenance by the city. 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). 63

Item 4. Windward Ridge Apartments on West Denneys Road File #: S-23-19 September 27, 2023 Page 3 of 3 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. 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. 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. 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 . 64

Item 4. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEP 27, 2023 APPLICATION: Windward Ridge Apartments on West Denneys Road FILE #: S-23-19 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. 65

Item 4. Windward Ridge Apartments on West Denneys Road File #: S-23-19 Sep 27, 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. This project is outside of the service area for the City of Dover Electric Department. Please save this document for our general notes if the apartments will be transferred to the city electric department in the future. 2. 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 . 66

C F S-23-19 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: 09/27/23 D S O H V A E L APPLICATION: Windward Ridge Apartments on West Dennys Road R FILE #: S-23-19 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is residential apartments, storage (garages), and assembly (clubhouse). These comments pertain to the residential apartments. 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 75% 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. 67

Item 4. 5. Fire lanes shall cover 35% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) Where parking is located between the building and the 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. 2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5.2 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. 68

Item 4. 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. 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). 69

Item 4. 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) NFPA 1 18.5.2 detached one- and two-family dwellings, fire hydrants shall be provided for detached one- and two-family dwellings in accordance with both of the following: 1. the maximum distance to a fire hydrant from the closest point on the building shall not exceed 600 feet 2. the maximum distance between fire hydrants shall not exceed 800 feet. 18.5.3 buildings other than detached one- and two-family dwellings, fire hydrants shall be provided for buildings other than detached one- and two-family dwellings in accordance with both of the following 1. The maximum distance to a fire hydrant from the closet point on the building shall not exceed 400 feet 2. The maximum distance between fire hydrants shall not exceed 500 feet 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. 70

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) 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. 71

Item 4. 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) 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 72

Item 4. 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, 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. 73

Item 4. 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 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. 74

Item 4. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 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. 75

Item 4. 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. 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. Please confirm the square footage of the garages to determine perimeter access, fire lane, fire alarm, and sprinkler requirements. 2. Please confirm the square footage, occupant load, and if alcohol will be permitted at the clubhouse to determine perimeter access, fire lane, fire alarm, and sprinkler requirements. 3. Please confirm that the Fire Lanes are 24’ wide 4. Fire hydrant locations need to be shown and in compliance with items # 17 and #25 listed above. 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. 76

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Windward Ridge Apartments FILE#: S-23-19 REVIEWING AGENCY: DelDOT CONTACT PERSON: Michael Vandevander 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. A pre-submittal meeting with DelDOT is required to further discuss the project. 2. Site Access. The proposed entrance for this subdivision is located at a position that provides the most sight distance in each direction. The Department is in support of a single access point. This will provide the safest ingress/egress to the site, and maximize the use of the sight distance. 3. Although DelDOT's TIS warrants are met, DelDOT may accept an Area Wide Study Fee (AWSF) since the site would generate fewer than 2,000 ADT and fewer than 200 peak hour trips in lieu of a TIS if the Local Land Use Agency does not require a TIS. Please provide documentation stating that the LLUA does NOT require a TIS. Upon receipt of this, DelDOT will issue an AWSF letter stating the required fee and improvements for this project. 4. There is an existing single home on the southwest corner of the project site. This home is to remain. The proposed pedestrian facility (Shared Use Path SUP) will stop at the eastern portion of this existing lot. Continuing the SUP is not advised due to the limited site area. The Department is willing to accept a Permanent Easement at that location. 77

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 OCTOBER 2023 APPLICATION: Windward Ridge Apartments on West Denneys Road FILE #: S-23-19 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. As the disturbance for this site will exceed 1 acre, 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. 2. A Stormwater Assessment Study (SAS) and pre-application meeting are required prior to submitting for review. 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. The District does not recommend this site for development due to numerous site limitations such as areas in the Excellent Groundwater Recharge Zone, wooded wetlands, and poor soil conditions. 2. The District will require that a preliminary soil investigation be conducted and completed as part of the SAS. 3. 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. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management Plan has been approved. 78

Item 4. MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS Date: August 31, 2023 City of Dover Planning and Inspections City Hall 15 Loockerman Plaza Dover, DE 19901 Attention: Ms. Mary Ellen Gray Subject: Windward Ridge Second Entrance Waiver Request Dear Ms. Gray, On behalf of our client, Jack Lingo Asset Management, Morris & Ritchie Associates (MRA) respectfully requests a waiver from the requirements of Appendix A, Article 6A8(b) of the City of Dover Code for the Windward Ridge Subdivision. This section of the code states: A. Streets 8. The creation of interconnected streets will be encouraged wherever the commission finds that such layout will not interfere with traffic convenience and safety. The commission shall determine the number of connections of streets in the proposed subdivision with existing streets. At least two connections onto a state-maintained road or a city-maintained street are required unless the Delaware Department of Transportation or the city engineer determines that the second connection will not be permitted or is determined to be nonfeasible. This requirement shall pertain to: b. Site Development containing 150 or more dwelling units. The proposed entrance for the Windward Ridge subdivision onto W. Dennys Road has been designed with consideration given to the surrounding properties and existing nearby entrances. The parcel frontage for the proposed development is limited to less than 390’ with the existing entrance to the Carlisle Village subdivision located less than 180’ to the northeast and an existing dual driveway entrance for the remaining single-family residence at 4085 W. Denneys Road. Based upon these site constraints, there is insufficient road frontage to accommodate two entrances and maintain safety for the traffic on W. Dennys Road. Additionally, we held a pre- application meeting with the Delaware Department of Transportation Development Coordination team on July 19, 2023 and discussed the Code requirement for a secondary access. In this meeting, DelDOT stated that they would not be in favor of a second access to W. Dennys Road for this project due to these constraints. We respectfully request that, based on the above circumstances, the Windward Ridge project be granted a waiver from the specific requirement of Appendix A, Article 6A8(b) of the City of Dover Code. 18 Boulden Circle, Suite 36, New Castle, DE 19720 (302) 326-2200 Fax: (302) 326-2399 www.mragta.com Abingdon, MD  Baltimore, MD  Laurel, MD  Towson, MD  Georgetown, DE  New Castle, DE  Purcellville, VA  Raleigh, NC  Orlando, FL (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 (407) 317-6288 79

Item 4. Windward Ridge – Second Entrance Waiver Request August 31, 2023 Page 2 Thank you for your consideration of this waiver. If you have any questions, please do not hesitate to contact this office. Very Truly Yours, MORRIS & RITCHIE ASSOCIATES, INC. Charles Barnett, Principal Cc: Doug Motley, Jack Lingo Asset Management File (21905) 80

Item 4. MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS Date: August 31, 2023 City of Dover Planning and Inspections City Hall 15 Loockerman Plaza Dover, DE 19901 Attention: Ms. Mary Ellen Gray Subject: Windward Ridge Pedestrian Access Waiver Request for Lots A & B Dear Ms. Gray, On behalf of our client, Jack Lingo Asset Management, Morris & Ritchie Associates (MRA) respectfully request a waiver from the requirements of Appendix B, Article 5.18.2(a) of the City of Dover Code for a portion the Windward Ridge Subdivision. This section of the code states: 18.2 Applicability. Sidewalks or other pathways according to the requirements of this section shall be installed on a property by the property owner or developer under the following circumstances: a. When the property is part of a development proposal which is subject to planning commission site development plan review. Internal sidewalks are proposed throughout the community to provide pedestrian linkage for all of the apartment buildings and community amenity areas. We are requesting relief from the sidewalk requirement as it relates to the two existing residential single-family lots that will remain (identified as Lot A and Lot B). These two lots will not have access to the apartment community and will remain as single-family residences which have direct driveway access to W. Dennys Road. We held a pre-application meeting with the Delaware Department of Transportation (DelDOT) Development Coordination team on July 19, 2023 and discussed this issue. DelDOT stated in this meeting that no sidewalk or shared use path will be required on these two lots by the developer at this time. A 15’ wide easement for the benefit of DelDOT has been provided should the Department desire to install additional pedestrian facilities in this are in the future. We respectfully request that, based on the above circumstances, the Windward Ridge project be granted a waiver from the specific requirement of Appendix B, Article 5.18.2(a) of the City of Dover Code as it relates to these two remaining lots. 18 Boulden Circle, Suite 36, New Castle, DE 19720 (302) 326-2200 Fax: (302) 326-2399 www.mragta.com Abingdon, MD  Baltimore, MD  Laurel, MD  Towson, MD  Georgetown, DE  New Castle, DE  Purcellville, VA  Raleigh, NC  Orlando, FL (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 (407) 317-6288 81

Item 4. Windward Ridge – Pedestrian Access Waiver Request August 31, 2023 Page 2 Thank you for your consideration of this waiver. If you have any questions, please do not hesitate to contact this office. Very Truly Yours, MORRIS & RITCHIE ASSOCIATES, INC. Charles Barnett, Principal Cc: Doug Motley, Jack Lingo Asset Management File (21905) 82

Item 4. City of Dover DATA SHEET FOR RECREATION PLAN REVIEW Review of Active Recreation Area Plan PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF October 10, 2023 PLANNING COMMISSION MEETING of October 16, 2023 Plan Title: Windward Ridge Apartments, S-23-19 Plan Type: Site Development Plan and Minor Lot Line Adjustment Plan Active Recreation Area Plan Location: North Side of West Denneys Road and west of but not adjacent to West Denneys Road Addresses: 57 Rocky Road 4085 West Denneys Road Unaddressed parcel on north side of West Denneys Road Tax Parcels: ED-05-056.00-01-02.00-000 ED-05-056.00-01-03.00-000 ED-05-056.00-01-04.00-000 Owners: George L. Craig Jr. and Deborah J. Craig Robert G. Keller and Gloria K. Keller Bruce A. Burkett Equitable Owner/Developer: Jack Lingo Asset Management, LLC Site Area: Lot A: 3.5 acres +/- Lot B: 1.01 acres +/- Remaining Lot Area: 35.61 acres (Project Area) Total: 40.12 Acres +/- Zoning: RM-2 (Medium Density Residence Zone and partially subject to SWPOZ (Source Water Protection Overlay Zone) Current Use: Two Single Family Detached Dwellings (to remain) and Woodland Proposed Use: Garden Style Apartments (Multi-family Community) Dwelling Units: 300 apartment units For Consideration: Active Recreation Area Plan Recreation Area: Required – 83,050 SF (1.90 acres+/-) Provided – 97,360 SF (2.24 acres+/-) P. O. Box 475 Dover, DE 19903 83 Community Excellence Through Quality Service

Item 4. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 2 of 6 I. PROJECT SUMMARY: The project proposes construction of Windward Ridge Apartments on West Denneys Road. This is a Site Development Application S-23-19 for the construction of thirteen (13) garden style apartment buildings consisting of eleven (11) buildings containing twenty-four (24) units and two (2) buildings containing eighteen (18) units for a total of 300 apartment units. Also proposed are twelve (12) garage buildings, a Club House with Pool, walking paths, parking, and other site improvements. Two (2) existing single family detached dwellings will remain on separate lots after a Minor Lot Line Adjustment Plan to reconfigure the three properties. The properties are zoned RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone). The subject site consists of three parcels totaling 40.12 acres +/- located on the north side of West Denneys Road and west of but not adjacent to Carlisle Drive. The owners of record are George L. Craig Jr. and Deborah J. Craig; Robert G. Keller and Gloria K. Keller; and Bruce A. Burkett and the equitable owner is Jack Lingo Asset Management, LLC. Property Addresses: 57 Rocky Road, 4085 West Denneys Road, and an unaddressed parcel on West Denneys Road. Tax Parcels: ED-05-056.00-01-02.00-000, ED-05- 056.00-01-03.00-000, and ED-056.00-01-04.00-000. Council District 1. For Consideration: Active Recreation Area Plan. Waiver Requests: Partial Elimination of Sidewalk and Subdivision Waiver of Requirement for Two Connections to Public Street. This subject area was annexed with Application AX-22-03 Lands of Craig, Keller, and Burkett: Annexation of Three Parcels on West Denneys Road in early 2023. II. ACTIVE RECREATION AREA PLAN SUMMARY: The Site Development Plan as submitted for the Windward Ridge Apartment Complex notes a variety of Active Recreation features, as well as walking paths throughout the woodland areas. This information is provided to show how the Site Plan submitted is achieving the aims set out in the Zoning Ordinance, Article 5 Section 10: Open space, recreation, and other public facilities. The amount of Active Recreation Area required is 275 SF per dwelling unit which would require 83,050 SF (1.90 acres) of area (using 302 units). An itemized listing of the Recreation Areas and materials is given on Plan Sheet 8 and example features in the Architectural Packet. The proposed amenities include a Clubhouse with Pool, Tot Lot Playground, Walking Trails, Exercise/Picnic Area, and Dog Park Area. See Summary Table below of Active Recreation Areas. Active Recreation Area (Article 5 §10.1) Required Provided on Plan 275 S.F. per dwelling unit or ½ • Clubhouse Area with Pool and Amenities Areas acre (21,780 SF) whichever is (27,240 SF) greater to be provided on site. • Tot Lot Playground (5,565 SF) • Walking Trails (20,670 SF) 302 DU = 83,050 SF (1.90 acres) • Exercise/Picnic Area (21,525 SF) Required = 83,050 SF • Dog Park Area (22,360 SF) Provided: 97,360 SF (2.24 acres) Also: Bike Racks 84

Item 4. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 3 of 6 Article 5 Accessible The Clubhouse with Pool is in the central portion of the site §10.151 plan and reachable via the sidewalk system from the apartment buildings. The Tot Lot Playground is also near the sidewalk system and has benches for sitting. The Clubhouse has interior spaces of an Office and Business Center, Fitness Center, Yoga Room, Restrooms, and a Great Room with Games Tables, TV Lounge, and Social Functions spaces. The exterior spaces in addition to the Pool are seating area, outdoor kitchen/grill area, social gathering/eating areas, game area for cornhole and bocce, and shade structure features. 10.152 Pedestrian oriented There are walking paths through the woodland areas outlined in the Site Plan. Staff would like to see measurements on the linear feet of walkways. One walking trail leads to a Dog Park Area. 10.153 Age Oriented The types of recreation areas outlined in the plans show the ability for a variety of users from the Tot Lot Playground to Clubhouse and Pool and Walking Trails. 10.154 Parking The parking is provided for the apartment buildings and is adjacent to the sidewalk system for the complex. 10.155 Walking, jogging There are 6 bike rack locations on the Site Plan providing 42 and biking trails spaces. The requirement is 1 bike space for every 20 car spaces (Article 6, Section 3 of the Zoning Ordinance). They are in compliance with the 37 minimum bike spaces requirement. The walking trail system has a mulch surface. 10.156 Setbacks The recreation areas on these Site Plans follow the setback requirements as they are internal to the site. A portion of the Dog Park areas should be removed from the wetland buffer area. 10.157 Landscaping The site requires 273 trees and there is the appropriate number listed on the plan. Specific tree species will need to be identified on the plans and signed off by a Landscape Architect as per Zoning Ordinance. The site will preserve 19.02 acres of woodland of the 37.44 acres of existing woodlands. No development will occur in the wetland areas or Special Flood Hazard Area (floodplain). 10.158 Area The breakdown of the allotted recreation areas is listed on Sheet 8 of the Site Plan. The dimension measurements of each recreation amenity should be provided to confirm the listed land area. 85

Item 4. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 4 of 6 III. REVIEW PROCESS The Planning Office has prepared this Active Recreation Area Report outlining the Recreation Area proposal. The Parks, Recreation and Community Enhancement Committee will need to consider the proposed Active Recreation Area and make a recommendation. The Planning Commission must act to accept the Recreation Area Plan as part of the Site Plan review process. The Parks, Recreation and Community Enhancement Committee will review the Recreation Area Plan at their meeting on October 10, 2023. The Planning Commission Public Hearing and Review of the Site Development Plan S-23-19 and the Recreation Area Plan is scheduled for October 16, 2023. IV. CODE CITATIONS: Dover Code of Ordinances, Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 10 – Open Space, Recreation and Other Public Facilities (select excerpts). Article 5 Section 10 Section 10. - Open space, recreation, and other public facilities. The City of Dover shall require the reservation of open space, recreation, and other public facilities in accordance with the provisions of this section as a condition of approval for all one-family dwelling, two-family dwelling and multiple-family dwelling residential developments requiring conditional use approval, site development plan approval, or land subdivision approval by the City of Dover Planning Commission. 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. 10.12 Dedication required. The commission shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth. 10.13 Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. 10.14 Recreation area review…. 10.15 Design guidelines… 10.16 Area required. All residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit or one-half acre of land, whichever is greater. In no case shall the commission require that more than ten percent of the gross are a of the development be so dedicated or reserved when the gross area is greater than five acres. 86

Item 4. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 5 of 6 V. STAFF RECOMMENDATIONS The following are comments and recommendations from staff of the Planning Office following review of the Active Recreation Area Plan. 1) Provide size (dimensions) of each recreation area amenity. Based on 302 dwelling units (when including the two existing single family detached dwellings), a total of 83,0500 SF of Active Recreation Area must be provided. As presented, the Plan has met the area requirement. Clarify if Lot A and B will be allowed access to these amenities. 2) The Site Plan overall is showing pedestrian connectivity among the various buildings, amenities, and across the drive-aisles and the parking lot areas. 3) Active Recreation Area: As a residential development, there is a requirement for Active Recreation area(s). Staff Recommends the following regarding these Recreation Areas: a. Clubhouse: The Clubhouse offers a number of function spaces for exercise, game play, and socializing both on the interior and the exterior surrounding the Pool. i. Ensure appropriate pool security systems are in place. ii. Add exterior access gates to fenced pool area. iii. Provide details of the Clubhouse and its amenities i.e., surfaces, shade structures, fencing, etc. b. Playground: Plans submitted show that there are proposed features identified as a Tot Lot, but further information is needed as to what specific playground amenities are proposed. i. It should also be noted what material is intended for the ground cover. ii. Add connecting sidewalk to reach benches. c. Walking Trails: Two walking trail/path systems are proposed: one in the southwest woodland area and one near the northern stormwater management pond. i. Include the linear feet length of walking path. ii. Provide construction details for surface material, width, and edge treatment of walking trails. d. Dog Park: The Dog Park is located within the woodland area along one of the walking trails. It is proposed to be fenced. i. Provide details of fence design. Alter shape of fenced area to remove it from the wetland buffer area. ii. Identify any amenities of Dog Park such as fenced areas, gate entry system, trash/waste disposal, rules of usage, etc. e. Exercise/Picnic Area: Clarify the location of this amenity. f. Bicycle Parking: Bicycle parking should be located near each Apartment Buildings. If any Bike Parking facilities are proposed internal to the buildings, then the Plans should note as such. i. Staff recommends adding bike racks near each recreation amenity, especially the Clubhouse. ii. Staff encourages providing covered bicycle parking opportunities within the 87

Item 4. S-23-19: Windward Ridge Apartments Active Recreation Area Plan Review for Parks and Recreation Meeting of October 10, 2023 Page 6 of 6 buildings or as an extension of the garage buildings. g. Pedestrian Facilities Internal to the Site/ Connectivity: The layout of the proposed sidewalks internal to the site are generally good. i. Make sure to connect the bike racks and the recreation areas directly to the pedestrian paths or sidewalks. ii. Add Pedestrian marked crossings where sidewalks and trails cross drive aisle. Add at trail crossing south of Building 10. iii. Ensure curb cuts or ramps shown on sidewalks near drive aisle crossings; add accessible ramps where necessary. iv. Ensure wooden footbridge crossings do not impact wetland areas. h. Adequate Lighting for the Site: Please detail the light fixtures to be used and add lighting to the parking lots. i. Landscaping: Specific tree species will need to be identified on the plans and signed off by a Landscape Architect as per Zoning Ordinance. i. Tree placement providing shade to recreation amenity areas is encouraged. VI. ADVISORY COMMENTS 1) This Site Development Plan set depicting the Recreational Areas are to include appropriate improvements, plans, and details of the Active Recreation Area as approved. 2) There shall be provisions which ensure that the community space (all areas under consideration for Active Recreation Areas) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of the common use areas or provide for and establish one (1) or more organizations for the ownership and maintenance of all common space i.e., a Homeowners Association or other property management entity. The organization shall be responsible for maintenance, insurance, and taxes on the community space. 3) In the event, that major changes and revisions to the Plan occur in the finalization of the Plan contact the Planning Office. Examples include reorientation of buildings, relocation of site components, changes in floor area or unit count, or design revisions impacting Active Recreation Areas. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 4) The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Recreation Area Plan. Attachments: • Select Sheet from Site Plan S-23-19: Sheet 1 – Title Sheet, Sheet 3 – Existing Conditions Plan, and Sheet 8 – Conceptual Landscape & Active Recreation Plan • Architectural Drawings and Photo Series Set 88

Item 4. STATE OF DELAWARE OFFICE OF MANAGEMENT AND BUDGET OFFICE OF STATE PLANNING COORDINATION August 23, 2023 Charlie Barnett Morris & Ritchie Associates, Inc. 8 W Market Street Georgetown, DE 19947 RE: PLUS Review – 2023-07-09; Windward Ridge Dear Mr. Barnett: Thank you for meeting with State agency planners on July 26, 2023 to discuss the Windward Ridge project. According to the information received, you are seeking review of a proposed site plan for the construction of 13 garden apartment buildings totaling 312 units on three parcels totaling 40.12 acres zoned RM-2 (Medium Density Residential). Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. 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. Strategies for State Policies and Spending The proposed project is located in investment Levels 1 and 2 according to the 2020 Strategies for State Policies and Spending. Investment Level 1 reflects areas that are already developed in an urban or suburban fashion, where infrastructure is existing or readily available, and where future redevelopment or infill projects are expected and encouraged by State policy. Investment Level 2 reflects areas where growth is anticipated by local, county, and State plans in the near-term future. Because development in Levels 1 and 2 is consistent with the 2020 Strategies for State Policies and Spending, the Office of State Planning Coordination supports this site plan, provided it meets all requirements of the City of Dover. 122 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 89

Item 4. PLUS review 2023-07-09 Page 2 of 19 Code Requirements/Agency Permitting Requirements Department of Transportation (DelDOT) – Contact Stephen Bayer 302-760-4834 • Any site access points onto State maintained roads must be designed in accordance with DelDOT’s Development Coordination Manual, which is available at http://www.deldot.gov/Business/subdivisions/index.shtml?dc=changes. • 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 https://www.deldot.gov/Business/subdivisions/pdfs/Meeting_Request_Form.pdf?0802 2017. • Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DelDOT 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. • Per Section 2.2.2.1 of 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 11th edition of the Institute of Transportation Engineers’ Trip Generation Manual, DelDOT estimates that the subject development will not generate traffic volume sufficient to require a TIS. The traffic volume expected would require an Area Wide Study Fee (AWSF). • 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, DelDOT may accept an AWSF in lieu of the TIS if the local government does not require a TIS. The AWS Fee is calculated as $10 per daily trip. AWS Fees are used to fund traffic studies, not to build improvements. • As necessary, in accordance with Section 3.2.5 and Figure 3.2.5-a of the Manual, DelDOT will require dedication of right-of-way along the site’s frontage. By this regulation, this dedication is to provide a minimum of 30 feet of right-of-way from the physical centerline of West Denneys Road. By this regulation, this dedication is to provide a minimum of 30 feet of right-of-way from outmost edge of the through lanes of West Denneys Road. The following right-of-way dedication note is required, “An X-foot wide strip of right-of-way from the centerline is hereby dedicated in fee simple to the State of Delaware, acting by and through the Delaware Department of Transportation.” 90

Item 4. PLUS review 2023-07-09 Page 3 of 19 • In accordance with Section 3.2.5.1.2 of the Manual, DelDOT will require the establishment of a 15-foot wide permanent easement across the property frontage. The location of the easement shall be outside the limits of the ultimate right-of-way. The easement area can be used as part of the open space calculation for the site. The following note is required, “A 15-foot wide permanent easement is hereby dedicated in fee simple to the State of Delaware, acting by and through the Delaware Department of Transportation.” • Referring to Section 3.4.2.1 of the Manual, the following items, among other things, are required on the Record Plan: o A Traffic Generation Diagram. See Figure 3.4.2-a for the required format and content. o Notes identifying the type of off-site improvements, agreements (signal, letter) contributions and when the off-site improvements are warranted. • Section 3.5.4.2 of the Manual addresses requirements for Shared Use Paths (SUP) and sidewalks. For projects in Level 1 and 2 Investment Areas, installation of paths or sidewalks along the frontage on State-maintained roads is required. • In accordance with Section 3.8 of the Manual, storm water facilities, excluding filter strips and bioswales, shall be located a minimum of 20 feet from the ultimate State right-of-way along all frontage roads. • In accordance with Section 5.2.9 of the Manual, the Auxiliary Lane Worksheet should be used to determine whether auxiliary lanes are warranted at the site entrances and how long those lanes should be. The worksheet can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. • In accordance with Section 5.4 of the Manual, sight distance triangles are required and shall be established in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards. A spreadsheet has been developed to assist with this task. It can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. • In accordance with Section 5.14 of the Manual, all existing utilities must be shown on the plan and a utility relocation plan will be required for any utilities that need to be relocated. 91

Item 4. PLUS review 2023-07-09 Page 4 of 19 Department of Natural Resources and Environmental Control (DNREC) – Contact Beth Krumrine 302-735-3480 Disclaimer Clause: Staff from the Delaware Department of Natural Resources and Environmental Control (DNREC) reviewed the project submitted for PLUS review. The absence of comments regarding specific resources does not indicate that there are not additional constraints or environmental issues on site, nor does it indicate DNREC support of a project. Concerns Identified Within the Development Footprint Wetlands and Subaqueous Lands Maps from the Statewide Wetlands Mapping Project indicate the potential presence of non- tidal wetlands on the site. The application indicates that wetlands have been delineated. The U.S. Army Corps of Engineers sign-off is completed. The application does not propose direct impacts to the wetlands. The forested wetlands on this property could support an array of plants and animals, most notably wetland dependent species such as amphibians. Requirements: • If the site design changes and dredge or fill of wetlands or subaqueous lands becomes necessary, permitting and/or authorization requirements may apply. Federal Contact: U.S. Army Corps of Engineers (Dover Office) at (267) 240-5278. Website: https://www.nap.usace.army.mil/Missions/Regulatory/Contacts/ State Contact: DNREC Wetlands and Subaqueous Lands Section at (302) 739-9943. Website: https://dnrec.alpha.delaware.gov/water/wetlands-subaqueous/ Vegetated Buffer Zones Site plans show a 30-foot vegetated buffer along non-tidal wetlands. Vegetated buffer zones placed adjacent to waterways and wetlands help improve water quality by reducing sediment and pollutants loads. They also provide valuable habitat and can help prevent encroachment of human activities into ecologically sensitive areas. Vegetated buffers are not equivalent to setbacks, as residential lots, walkways, and stormwater management facilities should not be contained within the vegetated buffer zone. Requirements: • The applicant must comply with minimum vegetated buffer widths as identified within county and municipal codes. Contact: DNREC Wildlife Species Conservation & Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/contact-information/ 92

Item 4. PLUS review 2023-07-09 Page 5 of 19 Special Flood Hazard Area According to the newest Flood Insurance Rate Maps (FIRM), the northern portion of this parcel is situated within a Special Flood Hazard Area, specifically within the mapped 100-year floodplain (1% annual chance of flooding). The Special Flood Hazard Area identified on the site lies within zone A. In lands contained within the 100-year floodplain, the National Flood Insurance Program's floodplain management regulations must be enforced through the local floodplain ordinance, which can have higher standards. There are no structures or features proposed within the floodplain. Requirements: • The applicant must comply with the local floodplain ordinance and regulations applicable to development or construction within the 100-year floodplain. In determining the boundary of the floodplain, use the most recent FIRM maps available, which can be found at https://floodplanning.dnrec.delaware.gov/ Contact: DNREC Shoreline and Waterway Management Section at (302) 739-9921. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/waterways/floodplains/ Stormwater Management The project proposes greater than 5,000 square feet of land disturbing activities and will be subject to Delaware’s Sediment and Stormwater Regulations. Requirements: • A Sediment and Stormwater Plan must be developed, then approved by the appropriate plan review agency prior to any land disturbing activity taking place on the site. For this project, the plan review agency is the Kent Conservation District. • Additionally, to address federal requirements, construction activities that exceed 1.0 acre of land disturbance require Construction General Permit coverage through submittal of an electronic Notice of Intent for Stormwater Discharges Associated with Construction Activity. This form must be submitted electronically (https://apps.dnrec.delaware.gov/enoi/, select Construction Stormwater General Permit) to the DNREC Division of Watershed Stewardship, along with the $195 fee. • Schedule a project application meeting with the appropriate plan review agency prior to moving forward with the stormwater and site design. As part of this process, you must submit a Stormwater Assessment Study. Plan review agency contact: Kent Conservation District at (302) 608-5370. Website: http://kentcd.org/ 93

Item 4. PLUS review 2023-07-09 Page 6 of 19 General stormwater contact: DNREC Sediment and Stormwater Program at (302) 739-9921. E-mail: DNREC.Stormwater@delaware.gov. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/ Hydrologic Soils Group Hydrologic Soil Group soils (poorly drained) have been identified in the site. These soil types are typically not conducive to utilizing infiltration stormwater Best Management Practices such as bioretention and infiltration basins, which must meet minimum infiltration requirements. Requirements: • Any stormwater Best Management Practices that propose the use of infiltration or natural recharge shall include a soils investigation. Contact: DNREC Sediment and Stormwater Program at (302) 739-9921. E-mail: DNREC.Stormwater@delaware.gov. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/ Excellent Groundwater Recharge Area An Excellent Groundwater Recharge Area is located on the central portion of the site. These areas have soils that are conducive to water infiltrating downward from surface water into groundwater. Preservation of these areas is important for replenishing groundwater supplies and ensuring drinking water for future generations. Requirements: • The applicant must comply with all county and municipal requirements for construction and uses in Excellent Groundwater Recharge Areas. Contact: DNREC Source Water Assessment and Protection Program at (302) 739-9945. Website: https://dnrec.alpha.delaware.gov/water/supply/ground-water-protection/ Wildlife Displacement Development of this site is anticipated to displace local wildlife. Delaware is home to a rich array of wildlife species, which greatly depend on forests and other habitat types for food, water and cover. Requirements: • Future residents are not permitted to discharge firearms within 100 yards (300 feet) of any occupied dwelling or building to hunt or remove nuisance wildlife. Contact: DNREC Division of Fish and Wildlife at (302) 739-9912 Website: https://dnrec.alpha.delaware.gov/fish-wildlife/wildlife/ 94

Item 4. PLUS review 2023-07-09 Page 7 of 19 Nutrient Management Plan This project proposes open space of 26 acres. Requirements: • A nutrient management plan is required for all persons or entities who apply nutrients to lands or areas of open space of 10 acres or more. Contact: Delaware Department of Agriculture’s Nutrient Management Program at (302) 698- 4558. Website: https://agriculture.delaware.gov/nutrient-management/ Delaware Emergency Management Agency (DEMA) – Contact Phillip Cane 302-659-2325 Proposed Project Parcel Flood Concern • The majority of this parcel is located within an area of Minimal Flood Concern of 1,000 years or greater. However, the northwestern part of the property appears to be in a Special Flood Hazard Area (SFHA) Flood Zone A, which is a 1% or 100-year flood plain. The properties themselves do not appear to actually be within a floodplain. No official requirements here from DEMA. Parcel Status within County Evacuation Zone Location • The parcel is not yet located within the 10-mile EPZ for the Salem Nuclear Power Plant. However, the sections to the southeast of W. Denneys Road are located within Kent Evacuation Zone D. Parcel Status within the 10-mile Emergency Planning Zone (EPZ) for the Salem Nuclear Power Plant • The parcel is not located within the 10-mile EPZ for the Salem Nuclear Power Plant. State Historic Preservation Office (SHPO) – Contact Carlton Hall 302-736-7400 • There are no known archaeological sites or known historic or eligible properties in the project area. • Wetland permitting may be required for northern portion of the parcel – in which case, this project should be properly initiated through Section 106 Regulations. • Probability for precontact archaeological resources is high. 95

Item 4. PLUS review 2023-07-09 Page 8 of 19 • Portions of the area have been archaeologically surveyed. The survey uncovered many archaeological sites and materials in analogous areas. • An archaeological survey is recommended. Delaware State Fire Marshall’s Office – Contact Duane Fox 302-739-4394 This document is for information purposes only and does not constitute any type of approval from the Delaware State Fire Marshal’s Office At the time of formal submittal, the applicant shall provide; completed application, fee, and three sets of plans depicting the following in accordance with the Delaware State Fire Prevention Regulations (DSFPR): Fire Protection Water Requirements • Water distribution system capable of delivering at least 1,000 gpm for 1-hour duration, at 20-psi residual pressure is required. Fire hydrants with 800 feet spacing on centers. • Where a water distribution system is proposed for mixed occupancy use sites, the infrastructure for fire protection water shall be provided, including the size of water mains for fire hydrants and sprinkler systems. Fire Protection Features • All structures over 10,000 Sq. Ft. aggregate will require automatic sprinkler protection installed. • Buildings occupied as apartments (multi-family living units comprising of 3 or more units) will require automatic sprinkler protection installed. • Buildings greater than 10,000 sq ft, 3-stories or more, over 35 feet, or classified as High Hazard, are required to meet fire lane marking requirements. o Show Fire Department Connection location (Must be within 300 feet of fire hydrant), and detail as shown in the DSFPR. • Show Fire Lanes and Sign Detail as shown in DSFPR. • Standpipe systems may be required per DSFPR. Accessibility • All premises, which the fire department may be called upon to protect in case of fire, and which are not readily accessible from public roads, shall be provided with suitable gates and access roads, and fire lanes so that all buildings on the premises are accessible 96

Item 4. PLUS review 2023-07-09 Page 9 of 19 to fire apparatus. This means that the access road must be constructed so fire department apparatus may negotiate it. • Any dead-end road more than 300 feet in length shall be provided with a turn-around or cul-de-sac arranged such that fire apparatus will be able to turn around by making not more than one backing maneuver. The minimum paved radius of the cul-de-sac shall be 38 feet. The dimensions of the cul-de-sac or turn-around shall be shown on the final plans. Also, please be advised that parking is prohibited in the cul-de-sac or turn around. • The use of speed bumps or other methods of traffic speed reduction must be in accordance with Department of Transportation requirements. • The local Fire Chief, prior to any submission to our Agency, shall approve in writing the use of gates that limit fire department access into and out of the development or property. Gas Piping and System Information • Provide type of fuel proposed and show locations of bulk containers on plan. Required Notes • Provide a note on the final plans submitted for review to read “All fire lanes, fire hydrants, and fire department connections shall be marked in accordance with the Delaware State Fire Prevention Regulations.” • Proposed Use • Alpha or Numerical Labels for each building/unit for sites with multiple buildings/units • Square footage of each structure (Total of all Floors) • National Fire Protection Association (NFPA) Construction Type • Maximum Height of Buildings (including number of stories) • Note indicating if building is to be sprinklered. • Name of Water Provider • Letter from Water Provider approving the system layout. • Provide Lock Box Note (as detailed in DSFPR) if any buildings are to be sprinklered. • Provide Road Names, even for County Roads Please note that this project has not been reviewed for adequacy of emergency responder (fire, emergency medical services, law enforcement) response. 97

Item 4. PLUS review 2023-07-09 Page 10 of 19 Recommendations/Additional Information This section includes a list of site-specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how these suggestions can benefit the project. Department of Transportation (DelDOT) – Contact Stephen Bayer 302-760-4834 • The applicant should expect a requirement that all PLUS and Technical Advisory Committee (TAC) comments be addressed prior to submitting plans for review. • Please be advised that the Standard General Notes have been updated and posted to the DelDOT website. Please begin using the new versions and look for the revision dates of March 21, 2019 and March 16, 2021. The notes can be found at https://www.deldot.gov/Business/subdivisions/ Department of Natural Resources and Environmental Control (DNREC) – Contact Beth Krumrine 302-735-3480 Wetlands and Subaqueous Lands • As proposed for this project, do not disturb wetland areas. Wetlands are a critical part of our natural environment. They reduce the impacts of flooding, absorb pollutants, and improve water quality. Wetlands provide habitat for animals and plants and many contain a wide diversity of life, supporting plants and animals that are found nowhere else. • Maintain input to natural wetlands at the pre-construction level. Avoid causing an increase or decrease in the naturally occurring water level. • Avoid diverting surface water from roadways and stormwater facilities into the wetlands on site. Water quality could be detrimentally affected by run-off, which can contain oil and other pollutants. • Avoid installing sewers with grates, which can create a hazard for amphibians and reptiles. 98

Item 4. PLUS review 2023-07-09 Page 11 of 19 • Design the development to exclude curbs. If road curbing is part of the design, curbing that allows small animals, such as turtles and salamanders, to climb out of the roadbed (such as Type 2 or Cape Cod curbing) is preferred over steep, vertical curbing. • Use open bottom box culverts to allow for natural substrate to remain and in-water passage of aquatic life. Additionally, culverts should be left as wide as possible to ensure that salamanders can travel through them. Federal Contact: U.S. Army Corps of Engineers (Dover Office) at (267) 240-5278. Website: https://www.nap.usace.army.mil/Missions/Regulatory/Contacts/ State Contact: DNREC Wetlands and Subaqueous Lands Section at (302) 739-9943. Website: https://dnrec.alpha.delaware.gov/water/wetlands-subaqueous/ Vegetated Buffer Zones • Expand the 30-foot buffer to no less than 100 feet from the edge of wetlands and all waterways to protect water quality and to provide an additional margin of safety for flooding. • Vegetated buffer zones should be left undisturbed during construction and should be identified outside of the Limit of Disturbance on the engineering plans. In some instances, stormwater outfalls, conveyances, and emergency spillways may cross through these zones, and will require temporary disturbance during construction. • Vegetated buffer zones should be deeded as community open space. Signage should be installed at the edge and within the buffer zones to deter residents from encroaching into these common areas. • Maintain vegetated buffer zones as either grasslands/meadows or forest. Buffer zones should be planted exclusively with native trees and plants. Native plants are well-suited to our climate and require limited maintenance. They also provide an increasingly important role in the survival of native birds and beneficial insects whose habitat is shrinking due to development and climate change. • Grass cutting for vegetated buffer zones if maintained as meadow should not occur between April 1st to July 31st to reduce impacts to nesting birds and other wildlife species that utilize meadows and grasslands for breeding habitat. Contact: DNREC Wildlife Species Conservation & Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/contact-information/ 99

Item 4. PLUS review 2023-07-09 Page 12 of 19 Delaware Ecological Network Most of the project site lies within lands designated within the Delaware Ecological Network, a statewide network of interconnected lands of significant ecological value. This GIS data layer is based on principles of landscape ecology and conservation biology, providing a consistent framework to identify and prioritize areas for natural resource protection. Forest disturbances on this site will jeopardize habitat on the parcel and likely beyond the parcel’s boundary. • Removing forested areas within the Delaware Ecological Network should be avoided to the greatest extent possible. These areas provide wildlife habitat, uptake nutrients, infiltrate stormwater, and improve water quality. Forests also provide shading and cooling, while also reducing carbon that contributes to climate change. Contact: DNREC Wildlife Species Conservation and Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/contact-information/ Removal of Mature Forest The preliminary plan proposes the elimination of approximately 18 of 37 acres of forest on the site. An analysis of historical data indicates that much of the forest area located on the site has likely maintained some degree of forest cover since 1937 and could be considered mature forest. Mature forests possess the potential for rare, threatened, or endangered species that rely on this type of habitat. • Removing forested areas for development, especially mature forests, should be avoided to the greatest extent possible. Forests filter water for improved water quality, provide habitat for wildlife, absorb nutrients, infiltrate stormwater, moderate temperatures, and store atmospheric carbon which would otherwise contribute to climate change. • A forest assessment should be conducted to determine if mature forest resources exist on the property and to delineate their boundaries. Additionally, a forest assessment would include the identification of specimen trees and forest-dependent wildlife. If mature forests are found, these areas should be conserved to the maximum extent practicable. • To reduce impacts to nesting birds and other wildlife species that utilize forests for breeding, it is recommended that tree clearing not occur from April 1st to July 31st. Likewise, avoid mowing open space areas and grass filter strips during the same timeframe, as various species of birds utilize these areas for nesting sites. Contact: DNREC Division of Fish and Wildlife, Species Conservation and Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/conservation/ 100

Item 4. PLUS review 2023-07-09 Page 13 of 19 Special Flood Hazard Area • As proposed, locate all structures outside of the floodplain. If this is not possible, the developer should consider designing structures to a higher standard to avoid potential future flood damage and loss. Contact: DNREC Shoreline and Waterway Management Section at (302) 739-9921. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/waterways/floodplains/ Key Wildlife Habitat The non-tidal coastal plain stream directly adjacent to the property, is mapped as Key Wildlife Habitat in the Delaware Wildlife Action Plan. • Key Wildlife Habitat should be conserved to the maximum extent practicable and negative impacts should be minimized. • In the interest of water quality and wildlife habitat, we recommend maintaining an upland buffer of at least 100 ft along rivers, streams and wetlands. This buffer should not be a maintained lawn area and should not contain lot lines or infrastructure. We recommend the buffer area be comprised of the existing vegetation or planted with Delaware native species of trees, shrubs, grasses or wildflowers. • Appropriate erosion and sediment control measures should be taken during construction activities to minimize potential impacts to the stream system. For erosion control, we recommend (if feasible) using materials that are biodegradable and that do not include plastic netting or have welded-joint poly-based matting. Wildlife entanglement in rolled erosion control products (RECP), especially those that contain plastic netting, is well documented. Contact: DNREC Division of Fish and Wildlife, Species Conservation and Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/conservation/ Stormwater Management • Where the site and soil conditions allow, integrate runoff reduction techniques including infiltration basins, bioretention (rain gardens), filter strips, and pavers to encourage on- site stormwater infiltration and reduce runoff. • For improved stormwater management, preserve existing trees, wetlands, and passive open space. Plan review agency contact: Kent Conservation District at (302) 608-5370. 101

Item 4. PLUS review 2023-07-09 Page 14 of 19 Website: http://kentcd.org/ General stormwater contact: DNREC Sediment and Stormwater Program at (302) 739-9921. E- mail: DNREC.Stormwater@delaware.gov. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/ Drainage • All existing drainage ditches on the property should be evaluated for function and cleaned, if needed, prior to the construction of the project. • Environmental permits or exemptions may be required by the County Conservation District (Standard Plan), the DNREC Sediment and Stormwater Program (eNOI/NOT), Army Corp of Engineers, and/or DNREC Wetlands and Subaqueous Lands Section prior to clearing and/or excavating ditch channels. • All precautions should be taken to ensure the project does not hinder any off-site drainage upstream of the project or create any off-site drainage problems downstream by the release of on-site storm water. Contact: DNREC Drainage Program at (302) 855-1930. Website: https://dnrec.alpha.delaware.gov/drainage-stormwater/ Water Quality (Pollution Control Strategies) This site lies within the Saint Jones River Watershed. Surface water quality in this watershed does not meet Federal and/or State Water Quality Standards and a Pollution Control Strategy is in place for this watershed. • Implement vegetated buffers with a width of at least 100 feet around all water features on or adjacent to the site. • Reduce impervious surfaces on the project site by eliminating areas of impervious pavement and/or using pervious pavement where practicable. • Reduce stormwater runoff by integrating infiltration basins, bioretention (rain gardens), filter strips, and by preserving existing trees, wetlands, and passive open space. • Reduce the necessity for nutrient application by maintaining open space as meadow or forest planted exclusively with native plants. Native plants are well- suited to our climate and require limited maintenance. 102

Item 4. PLUS review 2023-07-09 Page 15 of 19 Contact: DNREC Division of Watershed Stewardship’s Watershed Assessment Section at (302) 739-9939. Website: https://dnrec.alpha.delaware.gov/watershed-stewardship/ Excellent Groundwater Recharge Area • For Excellent Groundwater Recharge Areas, limit impervious surfaces to no more than 20% of the entire area designated as having excellent recharge. Contact: DNREC Source Water Assessment and Protection Program at (302) 739-9945. Website: https://dnrec.alpha.delaware.gov/water/supply/ground-water-protection/ Wildlife Displacement • Removing forested areas for development, especially mature forests, should be avoided to the greatest extent possible. Forests are a key habitat type for wildlife in Delaware. • Deer, groundhogs, and rabbits will browse on gardens and ornamental landscaping. Reduce the potential for future conflicts between future residents and wildlife by maintaining large blocks of forest, as opposed to small pockets of wooded areas. Contact: DNREC Division of Fish and Wildlife, Species Conservation and Research Program at (302) 735-3600. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/wildlife/ Mosquitoes The project is expected to be impacted by mosquitoes due to its location near large expanses of wetlands. Mosquito control issues are increasing as developments infringe on wetland areas, often leading to increased demands for mosquito control services beyond what DNREC has the resources to provide. • If necessary, arrange for long-term mosquito control services through a private company licensed in this area of specialty. In some cases, the DNREC Mosquito Control Section may be able to provide these services free of charge. Contact: DNREC Division of Fish and Wildlife, Mosquito Control Section at (302) 739-9917. Website: https://dnrec.alpha.delaware.gov/fish-wildlife/mosquito-control/ Nature Preserves The proposed development is located near the Fork Branch Nature Preserve. • While across the street, there should be an effort made by the developer to ensure encroachment into the Preserve does not occur. There shall be no staging of equipment 103

Item 4. PLUS review 2023-07-09 Page 16 of 19 on Park property. • While not currently registered as Natural Area, the property’s proximity to Fork Branch Nature Preserve suggests that it may share some or all ecological, historical, cultural, or geologic value as the land within the Nature Preserve. Consider minimizing the development footprint and dedicating forested and wetland areas as a Nature Preserve through a conservation easement or donation of land. For more information, please contact the DNREC Planning Preservation and Development Section. Contact: DNREC Division of Parks and Recreation, Office of Nature Preserves at (302) 739-9039. Website: https://dnrec.alpha.delaware.gov/parks/natural-areas/ or https://dnrec.alpha.delaware.gov/parks/open-space/conservation-easements/ Additional Sustainable Practices • Install electric vehicle (EV) charging stations for your residents. Residents will increasingly expect options for EV charging. Installation costs can vary significantly depending on the parking and electricity distribution at a given location, so it is often easier and cheaper to plan for the installation at construction, rather than doing costly retrofits later. The DNREC Division of Climate, Coastal and Energy offers rebates of up to 90% of the cost of the charging station for commercial, multi-unit dwelling and other public properties. These programs address climate change goals of reducing greenhouse gas emissions and improving overall air quality (https://dnrec.alpha.delaware.gov/climate-coastal-energy/clean-transportation/). • Use renewable energy infrastructure such as solar or geothermal to reduce energy costs and further reduce pollution created from offsite generation. Grant funds and incentives are available for Delmarva Power customers through the DNREC Green Energy Fund, which includes several funding types through the state’s major electric utilities (https://dnrec.alpha.delaware.gov/climate-coastal-energy/renewable/assistance/). • Include space for recycling dumpsters within the preliminary site design stage. These can be placed adjacent to trash dumpsters. • Incorporate nonmotorized connectivity and install bicycle racks where feasible to help facilitate non-vehicular travel modes. • Use efficient Energy Star rated products and materials in construction and redevelopment. Energy efficient appliances use less energy over time. This saves consumers and businesses money, while also helping to reduce pollution from power generation. 104

Item 4. PLUS review 2023-07-09 Page 17 of 19 • Use structural paint coatings that are low in Volatile Organic Compounds to help protect air quality. Air pollution from new construction is generated through the use of maintenance equipment, paints, and consumer products like roof coatings and primers. • Use recycled materials, such as reclaimed asphalt pavement, to reduce heat island effects on paved surfaces, prevent landfill waste, and lower material costs. Contact: DNREC Division of Climate, Coastal & Energy at (302) 735-3480. Website: https://dnrec.alpha.delaware.gov/climate-coastal-energy/ Delaware Emergency Management Agency (DEMA) – Contact Phillip Cane 302-659-2325 Population • The county has a population density of 310.20 per square mile based on the US 2020 Census report; an increase from 2010 at 271.30 persons per square mile. • The specific census block(s) the project is located on has a total population of 77, though, with development, this will undoubtedly change. • The adjacent blocks aggregate bring the area to a total population of 710. FEMA National Risk Index • The FEMA National Risk Index is an online mapping application that identifies communities most at risk to 18 natural hazards: Avalanche, Coastal Flooding, Cold Wave, Drought, Earthquake, Hail, Heat Wave, Hurricane, Ice Storm, Landslide, Lightning, Riverine Flooding, Strong Wind, Tornado, Tsunami, Volcanic Activity, Wildfire, and Winter Weather. The FEMA National Risk Index is calculated by multiplying the Expected Annual Loss times the Social Vulnerability and dividing that by the Community Resilience. • According to FEMA’s National Risk Index, the parcel is considered relatively low for overall natural hazards risks. 105

Item 4. PLUS review 2023-07-09 Page 18 of 19 • Community Resilience is a consequence reduction risk component and a community risk factor that represents the ability of a community to prepare for anticipated natural hazards, adapt to changing conditions and withstand/recover rapidly from disruptions. Social Vulnerability is a consequence-enhancing risk factor that represents the susceptibility of social groups to the adverse impacts of natural hazards. • Its community resilience and social vulnerability are rated as relatively high. Renewable Energy Commitment • Regarding energy use and consumption, the parcel utilizes natural gas as the predominant fuel type for heating purposes with electric heat a close second. • DEMA strongly encourages the use of renewable energies and high-efficiency appliances and utilities. Regarding utilities, DEMA suggests incorporating 90% series furnaces/HVAC systems; the closer to 99%, the better, as well as A/C units of 20 Seer or greater. DEMA recommends using tankless water heaters, and battery backup systems for sump pumps to reduce potential water damage from power failure. • Lastly, DEMA encourages the integration of modern and emerging technologies, such as the potential for electric vehicles in garages/parking lots, green roofs where applicable and allowable, and the like. Delaware State Housing Authority (DSHA) - Contact Karen Horton 302-739-4263 • DSHA supports the proposal for 312 rental units on 40 acres of land near West Denney’s Road in Dover. While this is a market-rate development, it provides a more affordable option for many residents. • This site is also located within a DSHA-defined “Area of Opportunity” which are strong, high value markets, with close job proximity and economic opportunity, high performing schools, amenities and supportive infrastructure that help households succeed. Unfortunately, these same areas contain little affordable housing. DSHA recommends that local stakeholders provide resources to connect these residents to the high-quality services the area has to offer. • Due to the large scale of this project (40 acres, 312 units), DSHA encourages that the developer utilizes thoughtful site layout and design measures. This includes measures that are human-scale and incorporates attractive streetscapes, community recreation areas, visually appealing façade treatments, and significant landscaping measures. These elements all serve to create desirable quality communities where families can thrive. 106

Item 4. PLUS review 2023-07-09 Page 19 of 19 Delaware State Fire Marshall’s Office – Contact Duane Fox 302-739-4394 • Although not a requirement of the Delaware State Fire Prevention Regulations, the Office of the State Fire Marshal encourages home builders to install residential fire sprinkler systems in all residential dwellings. • The Office of the State Fire Marshal reminds home builders that they are obligated to comply with requirements of Subchapter III of Chapter 36 of Title 6 of the Delaware Code which can be found at the following website: http://delcode.delaware.gov/title6/c036/sc03/index.shtml • Preliminary meetings with fire protection specialists are encouraged prior to formal submittal. Please call for appointment. Applications and brochures can be downloaded from our website: www.statefiremarshal.delaware.gov, technical services link, plan review, applications or brochures. Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason, therefore. Thank you for the opportunity to review this project. If you have any questions, please contact me at 302-739-3090. Sincerely, David L. Edgell, AICP Director, Office of State Planning Coordination CC: City of Dover 107

Item 4. MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS Date: September 29, 2023 Office of State Planning Coordination 122 Martin Luther King Jr. Blvd. South Dover, DE 19901 Attention: Mr. David Edgell, Director RE: Windward Ridge PLUS Review 2023-07-09 Dear Mr. Edgell: We are in receipt of your comment letter dated August 23, 2023 with regard to the proposed Windward Ridge residential project proposed in the City of Dover and respond as follows: Strategies for State Policies and Spending Comment 1: The proposed project is located in investment Levels 1 and 2 according to the 2020 Strategies for State Policies and Spending. Investment Level 1 reflects areas that are already developed in an urban or suburban fashion, where infrastructure is existing or readily available, and where future redevelopment or infill projects are expected and encouraged by State policy. Investment Level 2 reflects areas where growth is anticipated by local, county, and State plans in the near-term future. Because development in Levels 1 and 2 is consistent with the 2020 Strategies for State Policies and Spending, the Office of State Planning Coordination supports this site plan, provided it meets all requirements of the City of Dover. Response: Comment acknowledged. Code Requirements/Agency Permitting Requirements Department of Transportation - Contact Stephen Bayer 302 760-4834 Comment 2: Any site access points onto State maintained roads must be designed in accordance with DelDOT’s Development Coordination Manual, which is available at http://www.deldot.gov/Business/subdivisions/index.shtml?dc=changes. Response: Comment acknowledged; the site access will be designed in accordance with the Development Coordination Manual. Comment 3: 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 https://www.deldot.gov/Business/subdivisions/pdfs/Meeting_Request_Form.pdf?080 2 2017. Response: Comment acknowledged; the Pre-Submittal Meeting was held on July 19, 2023. Comment 4: Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DelDOT 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. 18 Boulden Circle, Suite 36, New Castle, DE 19720 (302) 326-2200 Fax: (302) 326-2399 www.mragta.com Abingdon, MD  Baltimore, MD  Laurel, MD  Towson, MD  Georgetown, DE  New Castle, DE  Purcellville, VA  Raleigh, NC  Orlando, FL (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 (407) 317-6288 108

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 2 of 17 Response: Comment acknowledged; review fees are anticipated to be provided in accordance with current DelDOT policy. Comment 5: Per Section 2.2.2.1 of 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 11th edition of the Institute of Transportation Engineers’ Trip Generation Manual, DelDOT estimates that the subject development will not generate traffic volume sufficient to require a TIS. The traffic volume expected would require an Area Wide Study Fee (AWSF). Response: Comment acknowledged. Through further discussions with DelDOT we anticipate providing the AWSF. Comment 6: 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, DelDOT may accept an AWSF in lieu of the TIS if the local government does not require a TIS. The AWS Fee is calculated as $10 per daily trip. AWS Fees are used to fund traffic studies, not to build improvements. Response: Comment acknowledged. Through further discussions with DelDOT we anticipate providing the AWSF. Comment 7: As necessary, in accordance with Section 3.2.5 and Figure 3.2.5-a of the Manual, DelDOT will require dedication of right-of-way along the site’s frontage. By this regulation, this dedication is to provide a minimum of 30 feet of right-of-way from the physical centerline of West Denneys Road. By this regulation, this dedication is to provide a minimum of 30 feet of right-of-way from outmost edge of the through lanes of West Denneys Road. The following right-of-way dedication note is required, “An X-foot wide strip of right-of-way from the centerline is hereby dedicated in fee simple to the State of Delaware, acting by and through the Delaware Department of Transportation.” Response: Comment addressed; as shown on the Preliminary Plan, additional right of way has been noted to be dedicated along West Denneys Road. The Record Plan will include the requested dedication note in accordance with DelDOT requirements. Comment 8: In accordance with Section 3.2.5.1.2 of the Manual, DelDOT will require the establishment of a 15-foot wide permanent easement across the property frontage. The location of the easement shall be outside the limits of the ultimate right-of-way. The easement area can be used as part of the open space calculation for the site. The following note is required, “A 15-foot wide permanent easement is hereby dedicated in fee simple to the State of Delaware, acting by and through the Delaware Department of Transportation.” Response: Comment addressed; the requested easement area has been shown on the Preliminary Plan. The Record Plan will include the requested easement note in accordance with DelDOT requirements. Comment 9: Referring to Section 3.4.2.1of the Manual, the following items, among other things, are required on the Record Plan: • A Traffic Generation Diagram. See Figure 3.4.2-a for the required format and content. • Notes identifying the type of off-site improvements, agreements (signal, letter) contributions and when the off-site improvements are warranted. 109

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 3 of 17 Response: Comment acknowledged; Record Plans will be prepared in and submitted for DelDOT review in accordance with current DelDOT requirements. Comment 10: Section 3.5.4.2 of the Manual addresses requirements for Shared Use Paths (SUP) and sidewalks. For projects in Level 1 and 2 Investment Areas, installation of paths or sidewalks along the frontage on State-maintained roads is required. Response: Comment acknowledged; the Preliminary Plan shows the Shared Use Path as discussed with, and requested by, DelDOT during the Pre-Application Meeting. The location of these improvements will be shown on both the Record Plans and Site Entrance Plans in accordance with current DelDOT requirements. Comment 11: In accordance with Section 3.8 of the Manual, storm water facilities, excluding filter strips and bioswales, shall be located a minimum of 20 feet from the ultimate State right-of-way along all frontage roads. Response: Comment addressed; all SWM areas are currently shown a minimum of 20’ beyond the area of DelDOT Right-of-Way dedication. Comment 12: In accordance with Section 5.2.9 of the Manual, the Auxiliary Lane Worksheet should be used to determine whether auxiliary lanes are warranted at the site entrances and how long those lanes should be. The worksheet can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. Response: Comment acknowledged; site entrance will be designed in accordance with current DelDOT requirements. Supporting design calculations will be provided as part of the plan review package. Comment 13: In accordance with Section 5.4 of the Manual, sight distance triangles are required and shall be established in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards. A spreadsheet has been developed to assist with this task. It can be found at http://www.deldot.gov/Business/subdivisions/index.shtml. Response: Comment acknowledged; plans will be developed and submitted for DelDOT review in accordance with current DelDOT requirements. Supporting design calculations will be provided as part of the plan review package. Comment 14: In accordance with Section 5.14 of the Manual, all existing utilities must be shown on the plan and a utility relocation plan will be required for any utilities that need to be relocated. Response: Comment acknowledged; plans will be developed and submitted for DelDOT review in accordance with current DelDOT requirements. Department of Natural Resources and Environmental Control – Beth Krumrine 302-735-3480 Concerns Identified Within the Development Footprint Wetlands and Subaqueous Lands Maps from the Statewide Wetlands Mapping Project indicate the potential presence of non- tidal wetlands on the site. The application indicates that wetlands have been delineated. The U.S. Army Corps of Engineers sign-off is completed. The application does not propose direct impacts to the wetlands. The forested wetlands on this property could support an array of plants and animals, most notably wetland dependent species such as amphibians. 110

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 4 of 17 Comment 15: If the site design changes and dredge or fill of wetlands or subaqueous lands becomes necessary, permitting and/or authorization requirements may apply. Response: Comment acknowledged. Vegetated Buffer Zones Site plans show a 30-foot vegetated buffer along non-tidal wetlands. Vegetated buffer zones placed adjacent to waterways and wetlands help improve water quality by reducing sediment and pollutants loads. They also provide valuable habitat and can help prevent encroachment of human activities into ecologically sensitive areas. Vegetated buffers are not equivalent to setbacks, as residential lots, walkways, and stormwater management facilities should not be contained within the vegetated buffer zone. Comment 16: The applicant must comply with minimum vegetated buffer widths as identified within county and municipal codes. Response: Comment acknowledged; vegetated buffers will be provided in accordance with requirements of the City of Dover Code. Special Flood Hazard Area According to the newest Flood Insurance Rate Maps (FIRM), the northern portion of this parcel is situated within a Special Flood Hazard Area, specifically within the mapped 100-year floodplain (1% annual chance of flooding). The Special Flood Hazard Area identified on the site lies within zone A. In lands contained within the 100-year floodplain, the National Flood Insurance Program's floodplain management regulations must be enforced through the local floodplain ordinance, which can have higher standards. There are no structures or features proposed within the floodplain. Comment 17: The applicant must comply with the local floodplain ordinance and regulations applicable to development or construction within the 100-year floodplain. In determining the boundary of the floodplain, use the most recent FIRM maps available, which can be found at https://floodplanning.dnrec.delaware.gov/ Response: Comment acknowledged. Stormwater Management The project proposes greater than 5,000 square feet of land disturbing activities and will be subject to Delaware’s Sediment and Stormwater Regulations. Comment 18: A Sediment and Stormwater Plan must be developed, then approved by the appropriate plan review agency prior to any land disturbing activity taking place on the site. For this project, the plan review agency is the Kent Conservation District. Response: Comment acknowledged; Sediment and Stormwater Management Plans will be developed in accordance with the requirements of Kent Conservation District (KCD) and the Delaware Sediment and Stormwater Regulations (DSSR). Comment 19: Additionally, to address federal requirements, construction activities that exceed 1.0 acre of land disturbance require Construction General Permit coverage through submittal of an electronic Notice of Intent for Stormwater Discharges Associated with Construction Activity. This form must be submitted electronically (https://apps.dnrec.delaware.gov/enoi/, select Construction Stormwater General Permit) to the DNREC Division of Watershed Stewardship, along with the $195 fee. Response: Comment acknowledged; NOI will be submitted as part of the plan approval process with KCD. 111

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 5 of 17 Comment 20: Schedule a project application meeting with the appropriate plan review agency prior to moving forward with the stormwater and site design. As part of this process, you must submit a Stormwater Assessment Study. Response: Comment acknowledged; pre-application meeting will be coordinated with KCD prior to formal submittal of plans and reports for review associated with the proposed land disturbance activities. Hydrologic Soils Group Hydrologic Soil Group soils (poorly drained) have been identified in the site. These soil types are typically not conducive to utilizing infiltration stormwater Best Management Practices such as bioretention and infiltration basins, which must meet minimum infiltration requirements. Comment 21: Any stormwater Best Management Practices that propose the use of infiltration or natural recharge shall include a soils investigation. Response: Comment acknowledged; a soils investigation will be done to identify locations where this stormwater practice is practical and a report will be provided to KCD as part of the design package for their review. Excellent Groundwater Recharge Area An Excellent Groundwater Recharge Area is located on the central portion of the site. These areas have soils that are conducive to water infiltrating downward from surface water into groundwater. Preservation of these areas is important for replenishing groundwater supplies and ensuring drinking water for future generations. Comment 22: The applicant must comply with all county and municipal requirements for construction and uses in Excellent Groundwater Recharge Areas. Response: Comment acknowledged; proposed construction activities within the Excellent Groundwater Recharge Area will be designed in accordance with requirements of the City of Dover Code. Wildlife Displacement Development of this site is anticipated to displace local wildlife. Delaware is home to a rich array of wildlife species, which greatly depend on forests and other habitat types for food, water and cover. Comment 23: Future residents are not permitted to discharge firearms within 100 yards (300 feet) of any occupied dwelling or building to hunt or remove nuisance wildlife. Response: Comment acknowledged. Nutrient Management Plan This project proposes open space of 26 acres. Comment 24: A nutrient management plan is required for all persons or entities who apply nutrients to lands or areas of open space of 10 acres or more. Response: Comment acknowledged. Delaware Emergency Management Agency (DEMA) – Contact Phillip Cane 302-659-2325 Comment 25: The majority of this parcel is located within an area of Minimal Flood Concern of 1,000 years or greater. However, the northwestern part of the property appears to be in a Special Flood Hazard Area (SFHA) Flood Zone A, which is a 1% or 100-year flood 112

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 6 of 17 plain. The properties themselves do not appear to actually be within a floodplain. No official requirements here from DEMA. Response: Comment acknowledged. Comment 26: The parcel is not yet located within the 10-mile EPZ for the Salem Nuclear Power Plant. However, the sections to the southeast of W. Denneys Road are located within Kent Evacuation Zone D. Response: Comment acknowledged. Comment 27: The parcel is not located within the 10-mile EPZ for the Salem Nuclear Power Plant. Response: Comment acknowledged. State Historic Preservation Office (SHPO) – Contact Carlton Hall 302-736-7400 Comment 28: There are no known archaeological sites or known historic or eligible properties in the project area. Response: Comment acknowledged. Comment 29: Wetland permitting may be required for northern portion of the parcel – in which case, this project should be properly initiated through Section 106 Regulations. Response: Comment acknowledged. Comment 30: Probability for precontact archaeological resources is high. Response: Comment acknowledged. Comment 31: Portions of the area have been archaeologically surveyed. The survey uncovered many archaeological sites and materials in analogous areas. Response: Comment acknowledged. Comment 32: An archaeological survey is recommended. Response: Comment acknowledged; recommendation for archaeological consultant will be noted for developer’s consideration. Delaware State Fire Marshall’s Office – Contact Duane Fox 302-259-7037 Comment 33: At the time of formal submittal, the applicant shall provide; completed application, fee, and three sets of plans depicting the following in accordance with the Delaware State Fire Prevention Regulation (DSFPR). Response: Comment acknowledged; plans will be developed and submitted in accordance with the requirements of the Delaware State Fire Prevention Regulation (DSFPR) and the applicable application for plan review. Fire Protection Water Requirements: Comment 34: Water distribution system capable of delivering at least 1,000 gpm for 1-hour duration, at 20-psi residual pressure is required. Fire hydrants with 800 feet spacing on centers. Response: Comment acknowledged; if necessary, flow tests will be performed to confirm available flow and pressure requirements of the DSFPR. Hydrants will be provided for on-site 113

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 7 of 17 areas in accordance with spacing requirements consistent with the proposed residential unit type(s) proposed by this project. Comment 35: Where a water distribution system is proposed for mixed occupancy use sites, the infrastructure for fire protection water shall be provided, including the size of water mains for fire hydrants and sprinkler systems. Response: Comment acknowledged; this information will be provided as part of the construction plans. Fire Protection Features: Comment 36: All structures over 10,000 Sq. Ft. aggregate will require automatic sprinkler protection installed. Response: Comment acknowledged; sprinkler systems are proposed for all apartment buildings. Comment 37: Buildings occupied as apartments (multi-family living units comprising of 3 or more units) will require automatic sprinkler protection installed. Response: Comment acknowledged; sprinkler systems are proposed for all apartment buildings. Comment 38: Buildings greater than 10,000 sq ft, 3-stories or more, over 35 feet, or classified as High Hazard, are required to meet fire lane marking requirements. Show Fire Department Connection location (Must be within 300 feet of fire hydrant), and detail as shown in the DSFPR. Response: Comment acknowledged; all apartment buildings will meet the DSFPR requirements. Fire lanes and required markings will be included in the final Site Plan. Comment 39: Show Fire Lanes and Sign Detail as shown in DSFPR. Response: Comment acknowledged; fire lanes and required markings will be included in the final Site Plan. Comment 40: Standpipe systems may be required per DSFPR. Response: Comment acknowledged. Accessibility: Comment 41: All premises, which the fire department may be called upon to protect in case of fire, and which are not readily accessible from public roads, shall be provided with suitable gates and access roads, and fire lanes so that all buildings on the premises are accessible to fire apparatus. This means that the access road must be constructed so fire department apparatus may negotiate it. Response: Comment acknowledged; all buildings will have adequate access. All internal roads will be in designed in accordance with City of Dover standards and will accommodate fire apparatus. Comment 42: Any dead-end road more than 300 feet in length shall be provided with a turn-around or cul-de-sac arranged such that fire apparatus will be able to turn around by making not more than one backing maneuver. The minimum paved radius of the cul-de-sac shall be 38 feet. The dimensions of the cul-de-sac or turn-around shall be shown on the final plans. Also, please be advised that parking is prohibited in the cul-de-sac or turn around. Response: Comment acknowledged; no dead-end roads are proposed for this project. Comment 43: The use of speed bumps or other methods of traffic speed reduction must be in accordance with Department of Transportation requirements. 114

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 8 of 17 Response: Comment acknowledged. Comment 44: The local Fire Chief, prior to any submission to our Agency, shall approve in writing the use of gates that limit fire department access into and out of the development or property. Response: Comment acknowledged; no gates limiting access to the development are anticipated to be installed as part of this project. Gas Piping and System Information: Comment 45: Provide type of fuel proposed and show locations of bulk containers on plan. Response: Comment acknowledged; while no bulk containers are anticipated for this project, plans will be developed in accordance requirements of the DSFPR and will include this information. Required Notes: Comment 46: Provide a note on the final plans submitted for review to read " All fire lanes, fire hydrants, and fire department connections shall be marked in accordance with the Delaware State Fire Prevention Regulations" Proposed Use Alpha or Numerical Labels for each building/unit for sites with multiple buildings/units. Square footage of each structure (Total of all Floors) National Fire Protection Association (NFPA) Construction Type Maximum Height of Buildings (including number of stories) Note indicating if building(s) is/are to be sprinklered Name of Water Provider Letter from Water Provider approving the system layout Provide Lock Box Note (as detailed in DSFPR) if Building is to be sprinklered Provide Road Names, even for County Roads Response: Comment acknowledged; plans will be developed in accordance requirements of the DSFPR and include the applicable notes and information as detail in the plan application checklist. Recommendations/Additional Information This section includes a list of site-specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how the suggestions can benefit the project. Department of Transportation – Contact Stephen Bayer 302-760-2109 Recommendation 1: The applicant should expect a requirement that all PLUS and Technical Advisory Committee (TAC) comments be addressed prior to submitting plans for review. Response: Comment acknowledged; plans will be submitted to DelDOT with revisions to address TAC and PLUS comments as noted above. Recommendation 2: Please be advised that the Standard General Notes have been updated and posted to the DelDOT website. Please begin using the new versions and look for the revision 115

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 9 of 17 dates of March 21, 2019 and March 16, 2021. The notes can be found at https://www.deldot.gov/Business/subdivisions/. Response: Comment acknowledged; plans to be submitted to DelDOT will reference latest General Notes for Record Plans, Entrance Plans, and Maintenance of Traffic Plans. Department of Natural Resources and Environmental Control (DNREC) – Contact Beth Krumrine 302-735-3480 Concerns Identified Within the Development Footprint Wetlands and Subaqueous Lands Recommendation 3: As proposed for this project, do not disturb wetland areas. Wetlands are a critical part of our natural environment. They reduce the impacts of flooding, absorb pollutants, and improve water quality. Wetlands provide habitat for animals and plants and many contain a wide diversity of life, supporting plants and animals that are found nowhere else. Response: Comment acknowledged; the project will be designed to minimize impacts to wetlands and will comply with State and Federal regulations. Recommendation 4: Maintain input to natural wetlands at the pre-construction level. Avoid causing an increase or decrease in the naturally occurring water level. Response: Comment acknowledged. Recommendation 5: Avoid diverting surface water from roadways and stormwater facilities into the wetlands on site. Water quality could be detrimentally affected by run-off, which can contain oil and other pollutants. Response: Comment acknowledged. Recommendation 6: Avoid installing sewers with grates, which can create a hazard for amphibians and reptiles. Response: Comment acknowledged. Recommendation 7: Design the development to exclude curbs. If road curbing is part of the design, curbing that allows small animals, such as turtles and salamanders, to climb out of the roadbed (such as Type 2 or Cape Cod curbing) is preferred over steep, vertical curbing. Response: Comment acknowledged. Recommendation 8: Use open bottom box culverts to allow for natural substrate to remain and in- water passage of aquatic life. Additionally, culverts should be left as wide as possible to ensure that salamanders can travel through them. Response: Comment acknowledged. Vegetated Buffer Zones Recommendation 9: Expand the 30-foot buffer to no less than 100 feet from the edge of wetlands and all waterways to protect water quality and to provide an additional margin of safety for flooding. Response: Comment acknowledged; buffer areas to natural resources will be provided in accordance with the requirements of the City of Dover Code. Strategies will be 116

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 10 of 17 developed in concert with KCD to provide protection to wetland areas during construction to reduce sediment discharge to these areas. Recommendation 10: Vegetated buffer zones should be left undisturbed during construction and should be identified outside of the Limit of Disturbance on the engineering plans. In some instances, stormwater outfalls, conveyances, and emergency spillways may cross through these zones, and will require temporary disturbance during construction. Response: Comment acknowledged; buffer areas will be designed in accordance with the requirements of the City of Dover Code. Recommendation 11: Vegetated buffer zones should be deeded as community open space. Signage should be installed at the edge and within the buffer zones to deter residents from encroaching into these common areas. Response: Comment acknowledged; buffer areas will be primarily located within community open space areas. Recommendation 12: Maintain vegetated buffer zones as either grasslands/meadows or forest. Buffer zones should be planted exclusively with native trees and plants. Native plants are well-suited to our climate and require limited maintenance. They also provide an increasingly important role in the survival of native birds and beneficial insects whose habitat is shrinking due to development and climate change. Response: Comment acknowledged; riparian buffer areas will be planted and maintained in accordance with requirements of the City of Dover Code. Recommendation 13: Grass cutting for vegetated buffer zones if maintained as meadow should not occur between April 1st to July 31st to reduce impacts to nesting birds and other wildlife species that utilize meadows and grasslands for breeding habitat. Response: Comment acknowledged. Delaware Ecological Network Recommendation 14: Most of the project site lies within lands designated within the Delaware Ecological Network, a statewide network of interconnected lands of significant ecological value. This GIS data layer is based on principles of landscape ecology and conservation biology, providing a consistent framework to identify and prioritize areas for natural resource protection. Forest disturbances on this site will jeopardize habitat on the parcel and likely beyond the parcel’s boundary. Removing forested areas within the Delaware Ecological Network should be avoided to the greatest extent possible. These areas provide wildlife habitat, uptake nutrients, infiltrate stormwater, and improve water quality. Forests also provide shading and cooling, while also reducing carbon that contributes to climate change. Response: Comment acknowledged. Removal of Mature Forest Recommendation 15: The preliminary plan proposes the elimination of approximately 18 of 37 acres of forest on the site. An analysis of historical data indicates that much of the forest area located on the site has likely maintained some degree of forest cover 117

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 11 of 17 since 1937 and could be considered mature forest. Mature forests possess the potential for rare, threatened, or endangered species that rely on this type of habitat. Removing forested areas for development, especially mature forests, should be avoided to the greatest extent possible. Forests filter water for improved water quality, provide habitat for wildlife, absorb nutrients, infiltrate stormwater, moderate temperatures, and store atmospheric carbon which would otherwise contribute to climate change. Response: Comment acknowledged; forest area removal will be minimized as much as practical for the development and will comply with the City of Dover Code. Recommendation 16: A forest assessment should be conducted to determine if mature forest resources exist on the property and to delineate their boundaries. Additionally, a forest assessment would include the identification of specimen trees and forest-dependent wildlife. If mature forests are found, these areas should be conserved to the maximum extent practicable. Response: Comment acknowledged. Recommendation 17: To reduce impacts to nesting birds and other wildlife species that utilize forests for breeding, it is recommended that tree clearing not occur from April 1st to July 31st. Likewise, avoid mowing open space areas and grass filter strips during the same timeframe, as various species of birds utilize these areas for nesting sites. Response: Comment acknowledged. Special Flood Hazard Area Recommendation 18: As proposed, locate all structures outside of the floodplain. If this is not possible, the developer should consider designing structures to a higher standard to avoid potential future flood damage and loss. Response: Comment acknowledged; no structures are proposed within the floodplain. Key Wildlife Habitat Recommendation 19: The non-tidal coastal plain stream directly adjacent to the property, is mapped as Key Wildlife Habitat in the Delaware Wildlife Action Plan. Key Wildlife Habitat should be conserved to the maximum extent practicable and negative impacts should be minimized. Response: Comment acknowledged; no impacts are expected to this stream as part of this project. Recommendation 20: In the interest of water quality and wildlife habitat, we recommend maintaining an upland buffer of at least 100 ft along rivers, streams and wetlands. This buffer should not be a maintained lawn area and should not contain lot lines or infrastructure. We recommend the buffer area be comprised of the existing vegetation or planted with Delaware native species of trees, shrubs, grasses or wildflowers. Response: Comment acknowledged. Recommendation 21: Appropriate erosion and sediment control measures should be taken during construction activities to minimize potential impacts to the stream system. For 118

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 12 of 17 erosion control, we recommend (if feasible) using materials that are biodegradable and that do not include plastic netting or have welded-joint poly- based matting. Wildlife entanglement in rolled erosion control products (RECP), especially those that contain plastic netting, is well documented. Response: Comment acknowledged. Stormwater Management Recommendation 22: Where the site and soil conditions allow, integrate runoff reduction techniques including infiltration basins, bioretention (rain gardens), filter strips, and pavers to encourage on- site stormwater infiltration and reduce runoff. Response: Comment acknowledged; stormwater management facilities will be designed in accordance the requirements of the DSSR, and the Kent Conservation District. Recommendation 23: For improved stormwater management, preserve existing trees, wetlands, and passive open space. Response: Comment acknowledged. Drainage Recommendation 24: All existing drainage ditches on the property should be evaluated for function and cleaned, if needed, prior to the construction of the project. Response: Comment acknowledged. Recommendation 25: Environmental permits or exemptions may be required by the County Conservation District (Standard Plan), the DNREC Sediment and Stormwater Program (eNOI/NOT), Army Corp of Engineers, and/or DNREC Wetlands and Subaqueous Lands Section prior to clearing and/or excavating ditch channels. Response: Comment acknowledged; these agencies will be consulted through the design of the project when necessary. Recommendation 26: All precautions should be taken to ensure the project does not hinder any off- site drainage upstream of the project or create any off-site drainage problems downstream by the release of on-site storm water. Response: Comment acknowledged; no modifications to the existing natural drainageways are proposed by this project. On-site grading will maintain the current drainage patterns of the neighboring properties. Stormwater management will be provided on site and will be designed in accordance with the current DSSR to reduce the potential for impacts to downstream properties due to discharge of stormwater runoff. Water Quality (Pollution Control Strategies) Recommendation 27: This site lies within the Saint Jones River Watershed. Surface water quality in this watershed does not meet Federal and/or State Water Quality Standards and a Pollution Control Strategy is in place for this watershed. Implement vegetated buffers with a width of at least 100 feet around all water features on or adjacent to the site. Response: Comment acknowledged; buffer areas will be planted and maintained in accordance with requirements of the City of Dover Code. Recommendation 28: Reduce impervious surfaces on the project site by eliminating areas of 119

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 13 of 17 impervious pavement and/or using pervious pavement where practicable. Response: Comment acknowledged. Recommendation 29: Reduce stormwater runoff by integrating infiltration basins, bioretention (rain gardens), filter strips, and by preserving existing trees, wetlands, and passive open space. Response: Comment acknowledged; stormwater management will be provided on site and will be designed in accordance with the current DSSR and these practices will be considered during the design. Recommendation 30: Reduce the necessity for nutrient application by maintaining open space as meadow or forest planted exclusively with native plants. Native plants are well- suited to our climate and require limited maintenance. Response: Comment acknowledged; open space plantings will be provided in accordance with the requirements of the City of Dover Code. Excellent Groundwater Recharge Area Recommendation 31: For Excellent Groundwater Recharge Areas, limit impervious surfaces to no more than 20% of the entire area designated as having excellent recharge. Response: Comment acknowledged; the project will be designed in accordance with the requirements of the City of Dover Code. Wildlife Displacement Recommendation 32: Removing forested areas for development, especially mature forests, should be avoided to the greatest extent possible. Forests are a key habitat type for wildlife in Delaware. Response: Comment acknowledged. Recommendation 33: Deer, groundhogs, and rabbits will browse on gardens and ornamental landscaping. Reduce the potential for future conflicts between future residents and wildlife by maintaining large blocks of forest, as opposed to small pockets of wooded areas. Response: Comment acknowledged. Mosquitoes Recommendation 34: The project is expected to be impacted by mosquitoes due to its location near large expanses of wetlands. Mosquito control issues are increasing as developments infringe on wetland areas, often leading to increased demands for mosquito control services beyond what DNREC has the resources to provide. If necessary, arrange for long-term mosquito control services through a private company licensed in this area of specialty. In some cases, the DNREC Mosquito Control Section may be able to provide these services free of charge. Response: Comment acknowledged; it is anticipated that the SWM facilities will be designed to provide deep pool areas to accommodate the establishment of native fish to provide level of natural mosquito control within the SWM area. Information regarding Mosquito Control services will be provided to the developer and HOA for their consideration. 120

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 14 of 17 Nature Preserves Recommendation 35: The proposed development is located near the Fork Branch Nature Preserve. While across the street, there should be an effort made by the developer to ensure encroachment into the Preserve does not occur. There shall be no staging of equipment on Park property. Response: Comment acknowledged; no disturbance or staging of equipment on Park property is expected for this project. Recommendation 36: While not currently registered as Natural Area, the property’s proximity to Fork Branch Nature Preserve suggests that it may share some or all ecological, historical, cultural, or geologic value as the land within the Nature Preserve. Consider minimizing the development footprint and dedicating forested and wetland areas as a Nature Preserve through a conservation easement or donation of land. For more information, please contact the DNREC Planning Preservation and Development Section. Response: Comment acknowledged; this information will be provided to the developer. Additional Sustainable Practices Recommendation 37: Install electric vehicle (EV) charging stations for your residents. Residents will increasingly expect options for EV charging. Installation costs can vary significantly depending on the parking and electricity distribution at a given location, so it is often easier and cheaper to plan for the installation at construction, rather than doing costly retrofits later. The DNREC Division of Climate, Coastal and Energy offers rebates of up to 90% of the cost of the charging station for commercial, multi-unit dwelling and other public properties. These programs address climate change goals of reducing greenhouse gas emissions and improving overall air quality (https://dnrec.alpha.delaware.gov/climate-coastal-energy/clean-transportation/). Response: Comment acknowledged; EV charging stations are proposed for this project and this information will be shared with the developer for their consideration. Further details will be provided as part of the Site Plan. Recommendation 38: Use renewable energy infrastructure such as solar or geothermal to reduce energy costs and further reduce pollution created from offsite generation. Grant funds and incentives are available for Delmarva Power customers through the DNREC Green Energy Fund, which includes several funding types through the state’s major electric utilities (https://dnrec.alpha.delaware.gov/climate-coastal- energy/renewable/assistance/). Response: Comment acknowledged; information will be shared with the developer for their consideration. Recommendation 39: Include space for recycling dumpsters within the preliminary site design stage. These can be placed adjacent to trash dumpsters. Response: Comment acknowledged; information will be shared with the developer for their consideration. Recommendation 40: Incorporate nonmotorized connectivity and install bicycle racks where feasible to help facilitate non-vehicular travel modes. 121

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 15 of 17 Response: Comment acknowledged; connectivity and bicycle racks are proposed for this project. Further details will be provided as part of the Site Plan. Recommendation 41: Use efficient Energy Star rated products and materials in construction and redevelopment. Energy efficient appliances use less energy over time. This saves consumers and businesses money, while also helping to reduce pollution from power generation. Response: Comment acknowledged; information will be shared with the developer for their consideration. Recommendation 42: Use structural paint coatings that are low in Volatile Organic Compounds to help protect air quality. Air pollution from new construction is generated through the use of maintenance equipment, paints, and consumer products like roof coatings and primers. Response: Comment acknowledged; information will be shared with the developer for their consideration. Recommendation 43: Use recycled materials, such as reclaimed asphalt pavement, to reduce heat island effects on paved surfaces, prevent landfill waste, and lower material costs. Response: Comment acknowledged; information will be shared with the developer for their consideration. Delaware State Emergency Management Agency (DEMA) - Contact Philip Cane 302-659-2325 Recommendation 44: The county has a population density of 310.20 per square mile based on the US 2020 Census report; an increase from 2010 at 271.30 persons per square mile. The specific census block(s) the project is located on has a total population of 77, though, with development, this will undoubtedly change. The adjacent blocks aggregate bring the area to a total population of 710. Response: Comment acknowledged. Recommendation 45: The FEMA National Risk Index is an online mapping application that identifies communities most at risk to 18 natural hazards: Avalanche, Coastal Flooding, Cold Wave, Drought, Earthquake, Hail, Heat Wave, Hurricane, Ice Storm, Landslide, Lightning, Riverine Flooding, Strong Wind, Tornado, Tsunami, Volcanic Activity, Wildfire, and Winter Weather. The FEMA National Risk Index is calculated by multiplying the Expected Annual Loss times the Social Vulnerability and dividing that by the Community Resilience. According to FEMA’s National Risk Index, the parcel is considered relatively low for overall natural hazards risks. Response: Comment acknowledged. Recommendation 46: Community Resilience is a consequence reduction risk component and a community risk factor that represents the ability of a community to prepare for anticipated natural hazards, adapt to changing conditions and withstand/recover rapidly from disruptions. Social Vulnerability is a consequence-enhancing risk factor that represents the susceptibility of social groups to the adverse impacts of natural hazards. Its community resilience and social vulnerability are rated as relatively high. 122

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 16 of 17 Response: Comment acknowledged. Recommendation 47: Regarding energy use and consumption, the parcel utilizes natural gas as the predominant fuel type for heating purposes with electric heat a close second. DEMA strongly encourages the use of renewable energies and high-efficiency appliances and utilities. Regarding utilities, DEMA suggests incorporating 90% series furnaces/HVAC systems; the closer to 99%, the better, as well as A/C units of 20 Seer or greater. DEMA recommends using tankless water heaters, and battery backup systems for sump pumps to reduce potential water damage from power failure. Response: Comment acknowledged; information will be shared with the developer for their consideration. Recommendation 48: Lastly, DEMA encourages the integration of modern and emerging technologies, such as the potential for electric vehicles in garages/parking lots, green roofs where applicable and allowable, and the like. Response: Comment acknowledged. Delaware State Housing Authority (DSHA) - Contact Karen Horton 302-739-4263 Recommendation 49: DSHA supports the proposal for 312 rental units on 40 acres of land near West Denney’s Road in Dover. While this is a market-rate development, it provides a more affordable option for many residents. This site is also located within a DSHA-defined “Area of Opportunity” which are strong, high value markets, with close job proximity and economic opportunity, high performing schools, amenities and supportive infrastructure that help households succeed. Unfortunately, these same areas contain little affordable housing. DSHA recommends that local stakeholders provide resources to connect these residents to the high-quality services the area has to offer. Due to the large scale of this project (40 acres, 312 units), DSHA encourages that the developer utilizes thoughtful site layout and design measures. This includes measures that are human-scale and incorporates attractive streetscapes, community recreation areas, visually appealing façade treatments, and significant landscaping measures. These elements all serve to create desirable quality communities where families can thrive. Response: Comment acknowledged. Delaware State Marshall's Office - Contact Duane Fox 302-739-4394 Recommendation 50: Although not a requirement of the Delaware State Fire Prevention Regulations, the Office of the State Fire Marshal encourages home builders to install residential fire sprinkler systems in all residential dwellings. Response: Comment acknowledged. Recommendation 51: The Office of the State Fire Marshal reminds home builders that they are obligated to comply with requirements of Subchapter III of Chapter 36 of Title 6 of the Delaware Code which can be found at the following website: http://delcode.delaware.gov/title6/c036/sc03/index.shtml 123

Item 4. Re: Windward Ridge PLUS Review (2023-07-09) Comments Response September 29, 2023 Page 17 of 17 Response: Comment acknowledged. Recommendation 52: Preliminary meetings with fire protection specialists are encouraged prior to formal submittal. Please call for appointment. Applications and brochures can be downloaded from our website: www.statefiremarshal.delaware.gov, technical services link, plan review, applications or brochures. Response: Comment acknowledged; a pre-submittal meeting will be scheduled with the SFMO prior to plan submittal. A Preliminary Plan application has been submitted to the City of Dover Department of Planning and Zoning for review and approval. If you should require additional information regarding this PLUS application, please contact me at your convenience at 302-326-2200. Truly Yours, MORRIS & RITCHIE ASSOCIATES, INC. Charlie Barnett, Principal c.c. Mary Ellen Gray, City of Dover Doug Motley, JLAM File (21905) 124

Item 4. SITE DATA: SITE MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS 18 BOULDEN CIRCLE SUITE 36 NEW CASTLE, DE 19720 302-326-2200 302-326-2399 FAX DEVELOPER JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 226-6645 LOCATION MAP WINDWARD RIDGE NORTH SITE KENT COUNTY, DELAWARE LOCATION MAP CITY OF DOVER LEGEND: GENERAL NOTES: NW NW FP FP © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. SHEET INDEX: OWNER CERTIFICATION (PARCEL OWNER 02.00): CERTIFICATION (PARCEL 03.00): SHEET TITLE PRELIMINARY PLAN TITLE SHEET SHEET NUMBER ENGINEER'S CERTIFICATION: OWNER CERTIFICATION (PARCEL 04.00): 1 OF 8 125

Item 4. LEGEND MORRIS & RITCHIE ASSOCIATES, INC. ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS NORTH 18 BOULDEN CIRCLE CURVE TABLE SUITE 36 NEW CASTLE, DE 19720 302-326-2200 CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH 302-326-2399 FAX DEVELOPER JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 226-6645 WINDWARD RIDGE LINE TABLE LINE # LENGTH DIRECTION KENT COUNTY, DELAWARE CITY OF DOVER © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. SITE DATA: SHEET TITLE PRELIMINARY PLAN RECORD PLAN SHEET NUMBER 2 OF 8 126

Item 4. FP FP LEGEND FP FP FP FP / SOILS TABLE: FP FP FP FP / FP FP / FP NW NW / FP / NW NW MORRIS & RITCHIE FP / FP / FP ASSOCIATES, INC. FP FP FP FP / FP FP / ENGINEERS, PLANNERS, / / / / SURVEYORS, AND LANDSCAPE FP / FP / FP FgcA ARCHITECTS NORTH FP FP FP / / FP / NW NW NW 18 BOULDEN CIRCLE / SUITE 36 / FP / NEW CASTLE, DE 19720 / FP FP NW CURVE TABLE 302-326-2200 FP / / / / 302-326-2399 FAX NW NW FP / NW CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH / FP / DEVELOPER FP / / FP / Za / / NW NW JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE FP / REHOBOTH BEACH, DE 19971 / FP S (302) 226-6645 /FP NW / SA FP NW N / FP / / FP SA N / Za NW / / NW SA N LINE TABLE / / SA WINDWARD RIDGE / NW NW N LINE # LENGTH DIRECTION / / / S / / SA N / / / SA FgcA / / / N / / SA / N SA / N / SA N FgcA / S / / / / NW NW NW / NW NW / / NW / / NW / / / NW / / KENT COUNTY, DELAWARE G / G / NW / / / G / G / G / / WocA / NW / / / G / / W G / / / G S NW W G / / W NW / G G / / CITY OF DOVER / W G G W / / / G NW W / NW NW NW WdcB W G NW NW / NW W / / G FgcA W G W CoA / / W / G W / / / / G W / / FgcA / G W / / / / W / G HbB / W / / / / / / G / W / / / / / / / / G W / / / / / / / / / / G W / / / / / W G / / / W / / / G / W HbB G / / W / / © CONTENTS COPYRIGHT 2023 / / MORRIS & RITCHIE ASSOCIATES, INC. WdcB G W / / / / G W / / / / G W / / / HbB G W / W / / / G / / W / / G W SHEET TITLE / W / G / / W PRELIMINARY PLAN EXISTING CONDITION / W / / W / / W / SHEET NUMBER / W / / W / / / / W W 3 OF 8 / / 127

Item 4. LEGEND RT HNO MORRIS & RITCHIE NW NW ASSOCIATES, INC. NW NW ENGINEERS, PLANNERS, FP FP SURVEYORS, AND LANDSCAPE ARCHITECTS 18 BOULDEN CIRCLE SUITE 36 NEW CASTLE, DE 19720 302-326-2200 302-326-2399 FAX DEVELOPER JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 226-6645 WINDWARD RIDGE KENT COUNTY, DELAWARE CITY OF DOVER © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. A A A A A A A A A CZ CZ A A CZ CZ A A A CZ A A CZ CZ CZ A CZ CZ CZ CZ CZ A CZ CZ A A A SHEET TITLE A A A A PRELIMINARY PLAN A A SITE PLAN A A SHEET NUMBER 4 OF 8 128

Item 4. FP FP FP LEGEND FP FP FP FP FP FP FP FP NO NW NW H RT MORRIS & RITCHIE FP NW NW FP ASSOCIATES, INC. FP FP FP ENGINEERS, PLANNERS, FP SURVEYORS, AND LANDSCAPE ARCHITECTS FP FP 18 BOULDEN CIRCLE SUITE 36 NEW CASTLE, DE 19720 FP 302-326-2200 302-326-2399 FAX FP FP DEVELOPER FP JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 (302) 226-6645 FP FP FP NW FP FP NW FP WINDWARD RIDGE NW FP NW FP FP FP FP NW FP NW FP FP FP NW FP FP NW FP FP NW FP FP NW NW FP NW NW FP NW NW FP KENT COUNTY, DELAWARE NW FP NW NW NW NW NW NW NW NW NW CITY OF DOVER NW NW NW NW NW NW NW NW NW NW // NW NW // // NW NW // NW // NW NW NW // // NW NW NW NW NW NW // // NW NW // // NW // NW // NW // NW // // © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. SHEET TITLE PRELIMINARY PLAN SITE PLAN SHEET NUMBER 5 OF 8 129

Item 4. LEGEND W W W W W W W W W W W W RT HNO NW NW MORRIS & RITCHIE W W NW NW ASSOCIATES, INC. W W FP FP ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE W ARCHITECTS W W W W W W W 18 BOULDEN CIRCLE W W SUITE 36 W W W NEW CASTLE, DE 19720 W 302-326-2200 W 302-326-2399 FAX W W W W DEVELOPER W JACK LINGO ASSET MANAGEMENT 246 REHOBOTH AVENUE W REHOBOTH BEACH, DE 19971 W (302) 226-6645 W W W W W W W W W W W W WINDWARD RIDGE W W W W W W W W W W W W W W W W W W W W W KENT COUNTY, DELAWARE W W W W W W W W W CITY OF DOVER W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W © CONTENTS COPYRIGHT 2023 W W MORRIS & RITCHIE ASSOCIATES, INC. W W W W W W W W W W W W W W W W W W W W W W SHEET TITLE W W W W W W W W W W W W W W W W W W W W W W W W PRELIMINARY PLAN W W W W W W W UTILITY PLAN W S W SHEET NUMBER W W W W 6 OF 8 130

Item 4. FP FP FP FP LEGEND FP FP FP FP FP FP FP NO H RT MORRIS & RITCHIE W FP NW NW W FP ASSOCIATES, INC. NW NW W FP ENGINEERS, PLANNERS, FP SURVEYORS, AND LANDSCAPE FP FP ARCHITECTS W FP W W W FP 18 BOULDEN CIRCLE W SUITE 36 W W NEW CASTLE, DE 19720 FP W 302-326-2200 W 302-326-2399 FAX W FP FM FM W FP W DEVELOPER W FP JACK LINGO ASSET MANAGEMENT W 246 REHOBOTH AVENUE REHOBOTH BEACH, DE 19971 W (302) 226-6645 W FP FP W W FP NW W FP W W FP NW W FP WINDWARD RIDGE NW W W W FP NW W FP FP FP W FP NW FP NW W FP W FP FP NW W FP W FP NW FP FP NW W FP W FP NW NW W FP W NW W NW FP NW NW W FP KENT COUNTY, DELAWARE W NW W FP W W NW NW W W NW W NW W FM NW W NW NW FM NW W NW CITY OF DOVER NW NW FM NW NW W NW NW W FM NW NW NW W FM NW // NW NW // // W NW FM NW // W NW // NW W NW NW FM // // W NW NW NW W W W NW NW FM NW // // W NW W NW // // FM W W NW // NW // W FM W NW // NW // FM W FM // W W FM W W FM W W FM W W FM © CONTENTS COPYRIGHT 2023 W W MORRIS & RITCHIE ASSOCIATES, INC. W W FM W W W FM W W W W W W FM W W W W SHEET TITLE W FM W W W PRELIMINARY PLAN W W UTILITY PLAN W W W W SHEET NUMBER W W W W W W W 7 OF 8 W W W W W W 131

Item 4. FP FP FP FP SITE NOTES: FP FP FP FP FP FP FP FP FP FP MORRIS & RITCHIE FP FP FP ASSOCIATES, INC. FP FP FP FP ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE FP ARCHITECTS FP FP NORTH FP FP FP FP NW NW NW 18 BOULDEN CIRCLE SUITE 36 FP NEW CASTLE, DE 19720 FP FP NW 302-326-2200 FP 302-326-2399 FAX NW NW NW FP FP FP NOTES: DEVELOPER FP NW JACK LINGO ASSET MANAGEMENT NW 246 REHOBOTH AVENUE FP REHOBOTH BEACH, DE 19971 FP (302) 226-6645 FP NW FP NW FP FP NW NW WINDWARD RIDGE NW NW NW NW NW NW NW NW NW NW KENT COUNTY, DELAWARE // // // NW // NW // NW // // NW CITY OF DOVER // // // NW NW NW NW NW NW NW LEGEND © CONTENTS COPYRIGHT 2023 MORRIS & RITCHIE ASSOCIATES, INC. NW NW NW NW FP FP SHEET TITLE PRELIMINARY PLAN // // ACTIVE RECREATION AND LANDSCAPE PLA SHEET NUMBER 8 OF 8 132

Windward Ridge Item 4. Building Architecture – While the architectural plan design will not begin until after Preliminary Approval, we expect to construct buildings of similar design and finishes as we have used in other recent projects. 133 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Building Architecture – Front Perspective 134 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Building Architecture – Front and Side Perspective 135 *Buildings shown were constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Garage Architecture – The garage architecture and finish materials will be similar to, and cohesive with, the main apartment buildings. 136 *Garage buildings shown are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Architecture – Similar to the buildings, amenity architectural plan design will not begin until after Preliminary Approval. However, we expect to construct an amenity comparable in size and finishes to another recent JLAM project. 137 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Architecture – Front Perspective 138 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Architecture – Rear Perspective 139 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Clubhouse Interior Main Entrance Office Business Center Yoga Room M&W Restrooms Great Room Game Tables Fitness Center TV Lounge Social Functions Pool Deck Pool Deck 140 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Great Room Typical Finishes 141 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Great Room Typical Finishes 142 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Yoga Studio & Fitness Center Typical Finishes 143 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Clubhouse Exterior – Typical Features Outdoor Kitchen / Grilling area Ample Pool Deck with Seating Resort Style Pool Social Social / gathering eating area areas Arch. / shade Cornhole, features bocce, game area 144 *Illustration shown for programming intent only, not for specific locations on Windward Ridge amenity site

Windward Ridge Item 4. Amenity Programming – Clubhouse Exterior 145 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity Programming – Clubhouse Exterior 146 *Amenity Building shown was constructed by JLAM at our project Windward on the River located in Milford, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Amenity – Active Open Space – We plan to complement the wooded walking trails with our “Thicket” concept, which is a curated selection of features concentrated within the designated area to enable residents to enjoy the surrounding natural and serene setting. 147 *Area shown were constructed by JLAM at our project Welches Pond located in Lewes, DE and are intended to be indicative of the design for Windward Ridge.

Windward Ridge Item 4. Entrance Monument – Our planned entrance monument will be constructed of natural materials that compliment the community aesthetic. It will be located in the median of the entryway, providing signage in both directions. 148 *Area shown were constructed by JLAM at our project Welches Pond located in Lewes, DE and are intended to be indicative of the design intent for Windward Ridge.

Item 4. S-23-19 Windward Ridge Apartments on West Denneys Road Public Comments Received (as of Noon 10/6/2023): Set 1 Item 1: Email of 9/29/2023 from Joseph Blevins noting need for housing and also listing some questions. 149

Item 4. From: Security Guard To: CompPlan Cc: jlbhomemail@yahoo.com Subject: EXTERNAL: S-23-19 Windward Ridge Apartments Date: Friday, September 29, 2023 4:53:08 PM 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. I am excited about this project because there is a great need for housing in the Dover area but I do have some questions. Denny’s Rd isn’t conveniently located near anything. Are there plans to build sidewalks the entire length? I perceive it as a fairly dangerous road to be walking on. What about public transportation? There are no bus stops along this section of Denny’s road either. Thank you for your time, Joseph Blevins 150

Item 4. From: Beth Knight To: CompPlan Subject: EXTERNAL: Apartment Plans on Denney"s Road Date: Thursday, October 12, 2023 3:33:34 PM 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. As a longtime resident and homeowner in Carlisle Village, I would like to have my concerns over the proposed 13 apartment buildings being built by our neighborhood. My first concern relates to Denney's Road itself. This is a two-lane road with no shoulders, no turns lanes, and no sidewalks. It curves where the proposed development is. Since being made part of Rt. 15, the traffic can be very heavy, at times. There have been times where we cannot get out of our neighborhood for several minutes. There have been a couple of occasions where we are stuck in our neighborhood due to accidents or construction- and we have only one way in and out of our neighborhood, so it's inconvient. It's also a concern because what if an ambulance or fire truck needs to get into Carlisle Village and can't? I can foresee many more accidents if you put in 300 apartments and make no improvements to that road. People flying left out of the apartments won't have a clear view of people coming right out of Carlisle Village because of the curves in the road. Accidents near our entrance means we are either trapped in our neighborhood or not able to get in and go to our homes. Before anything of this scale is built, serious improvements need to be made to Denney's. It's the same road it was 50 years ago!!! I have additional concerns but feel that this traffic situation is the priority right now. I disagree with such a large apartment complex being built at that location. Sincerely, Beth A. Knight 151

Item 5. City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING of November 1, 2023 PLANNING COMMISSION MEETING of November 20, 2023 Plan Title: Mt. Zion A.M.E. Church Building Addition, C-23-03 Plan Type: Conditional Use Site Plan Application Parcel Consolidation Plan Associated Application: V-23-04 Owner: Mt. Zion A.M.E. Church Project Engineer: W. Zachary Crouch, Davis, Bowen, and Friedel, Inc. Location: Northeast corner of N. Queen Street and Fulton Street Property Address: 101 & 107 N. Queen St. Tax Parcels: ED-05-076.08-03-37.00-000 ED-05-076.08-03-38.00-000 Site Area: 0.17 acres +/- (7,405.2 square feet) 0.09 acres +/- (3,920.4 square feet) Project Area: 0.26 acres +/- (11,325.6 square feet) Zoning: RG-1 (General Residence Zone) Existing Use: Place of Worship (Church) Proposed Use: Place of Worship (Church) with Building Addition Building Footprint Area: 5,152 Square Feet Building Addition Footprint Area: 1,402 Square Feet New Building Footprint Area: 6,554 Square Feet Sanitary Facilities: City of Dover Water Supply: City of Dover Waivers Requested: None P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 152

City of Item 5. Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: November 1, 2023 APPLICATION Mt. Zion A.M.E. Church Building addition at 101 (and 107) N. Queen St. FILE #: C-23-03 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Katherine Oehmke and Dawn Melson-Williams, AICP PHONE #: 302.736.7196 I. PLAN SUMMARY This application is for the review of a Conditional Use Site Plan for a 1,402 SF addition (footprint) to 5,152 SF Building (footprint) for Mt. Zion A.M.E Church. The use of the subject properties is as a Place of Worship (Church), which is a conditionally allowed use in the RG-1 Zone (General Residence Zone). The subject properties are zoned RG-1 (General Residence Zone). The properties totaling 11,500 SF are located at the northeast corner of N. Queen Street and Fulton Street. The owner of record for both parcels is A.M.E. Church of Dover. Property Addresses: 101 N. Queen Street and 107 N. Queen Street. Tax Parcel IDs: ED-05-076.08-03- 37.00-000 and ED-05-076.08-03-38.00-000. Council District 4. II. PROJECT DESCRIPTION The site is located on the corner of Queen Street and Fulton Street with an alley on its east side. The location consists of two parcels upon which the existing Church Building stands with the front elevation facing N. Queen Street. The use of the subject properties is as a Place of Worship (Church), which is a conditionally allowed use in the RG-1 Zone (General Residence Zone). The Place of Worship structure known as Mt. Zion AME Church was built circa 1959 with later renovations. The church building’s original construction was established prior to the current zoning provisions of the City of Dover Zoning Ordinance thus making it a legal non-conforming use and building. The project will add a building addition onto the existing church to allow for offices and muti-function space used as accessory related to the church activities. Previous Application V-23-04 The existing principal building exceeds the building coverage limitation of the Zoning Ordinance and is considered legal non-conforming. Since the proposed project will increase the building coverage, an application to the Board of Adjustment was required. The Applicant requested a variance from the requirements of Article 3 §1.14(a)(v) of the Zoning Ordinance. This was to allow an increase in the maximum sum of all areas permitted to be covered by a principal building and accessory buildings from 20% to 56.89% to allow for a proposed building addition. On September 20, 2023, the Board of Adjustment granted this variance to increase the area permitted to be covered by buildings (Application V-23-04). Surrounding Properties 153

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 3 of 8 The properties in the blocks surrounding the Church site are zoned RG-1 (General Residence Zone). The property (109 N. Queen Street) adjacent to the north contains a one-family detached dwelling that is listed as a Vacant Building. Continuing to the north are other single family detached dwellings. There are several churches along N. Queen Street in the proximity. A series of parcels across the street from the subject site are owned by Mt. Zion A.M.E. Church. Directly across from the church is a single family home owned by the applicant. There is also a parking lot for the church. III. ZONING REVIEW RG-1 (General Residence Zone) Zoning Ordinance, Article 3 Section 2. General residence zones (RG-1 and RG-2) list the permitted uses, conditional uses, and other provisions of the RG-1 zone. In Article 3 Section 2.11, it notes for the RG-1 zone that the allowable uses include those uses permitted in the one- family residence zones; this refers to Zoning Ordinance, Article 3 Section 1. In the One-Family Residence Zones, Places of Worship are a Conditional Use and have specific requirements for development. See code excerpt below. Article 3 Section 1 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. 154

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 4 of 8 The current use as a Place of Worship is allowed as a Conditional Use per Article 3 Section 1.14 (a). The current use as a Place of Worship since established prior to the adoption of the Zoning Ordinance is considered legal non-conforming and can continue indefinitely per Zoning Ordinance, Article 7. Nonconforming Buildings and Uses. For any expansion of the use such as this Building Addition, it would be subject to the current zoning provisions and would require consideration through the Conditional Use application process to become a conforming use. With the proposed Building Addition, the property would also become subject to the requirements listed (items i through vi). Specifically for this use as a Place of Worship, the requirements of Item iv and Item v would apply.  The placement of the building on the lots does not meet the setback provisions outlined in Item iv; however, these setbacks are considered legal non-conforming and are allowed to continue as long as the degree of nonconformity is not increased or any new conformity created (per Zoning Ordinance, Article 7. Nonconforming Buildings and Uses). Any Building Addition would be limited to the existing setbacks of the existing building. Any Building Addition could not be placed any closer to the property lines than the existing building. The proposed Building Addition complies with this provision.  In the case of Item v for the coverage of the lot by the principal building, a Building Addition increases the degree of nonconformity for the building coverage compared to the lot area. Thus, it required consideration of a variance that was approved with V-23- 04. With Conditional Use Plan applications, the Planning Commission reviews the proposed project to determine whether or not the intended use for the building is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relates to the role of the Commission in reviewing Conditional Use Plan applications are particularly relevant when reviewing this application: Article 10 Section 1 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 155

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 5 of 8 If the Planning Commission approves a Conditional Use Application, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance, Article 10 §1.41 or be required by the Commission to undergo periodic renewal using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been or are no longer being complied with. IV. PARKING SUMMARY In addition to the two handicapped spaces in front of the building along N. Queen Street, there is an off-street parking for the Church in the parking lot across the street from the church at 110 and 120 N. Queen Street. Staff counted additional 25 spaces. There is another small parking lot at 37 N. Queen Street with 6 spaces. Total off-street parking is 33 spaces. Using the parking calculation in Zoning Ordinance, Article 6, Section 3.1, the requirement would be 33 parking spaces based on the 6,554 SF footprint size of the building (and needs to be calculated based on total floor area). A seat count of the sanctuary was not provided. For: At Least One Parking Space For Each Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where Places of worship provided The parking requirement for this location for the existing Church Building is considered legal non-conforming as the Building was constructed prior to enactment of the Zoning Ordinance. There is on-street parking in the vicinity in addition to a sidewalk system for pedestrians. Bicycle Parking There is no current bicycle parking at the property, and there is no proposed bike parking on the Site Plan. For every 20 parking spaces, there should be one bicycle parking space. It is unclear if their parking lots include bicycle parking. V. SITE CONSIDERATIONS Building Access The current main entrance to the Church is a set of large double doors. The proposed addition will have an additional set of double doors in the north addition to the building. There are two existing single doors on the south side of the building. The rear (east) side of the building will remain to have 2 single doors for egress. Lighting While the architectural plans do not depict new lighting, Google Street View shows lights by the doors and the large cross on the front of the building appears to be backlit. The demolition plan shows that they are taking out a light pole from the ramp area. Dumpster There are no dumpsters shown in the proposed plan. Google Street View shows the large trash/recycling bins at the back (east) side of the building along the alley. It appears that they have City collection service with large black bins and a recycle bin. It is unclear if the bins are stored inside or within the back fenced area along the alley. 156

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 6 of 8 Sidewalks There are sidewalks on the west and south sides of the building along N. Queen Street and Fulton Street. The proposed addition has an ADA accessible ramp that connects the front sidewalk from the front (west) side of the building into the addition. VI. BUILDING ARCHITECTURE When the Church was constructed in 1957-1959, the design of the church was modern. The modest church addition design will allow the large stained-glass window to remain the focal point of the structure. The Church has a raised first floor approximately a half story up with 8 steps to the entrance level. There are windows to the basement at street level. The basement contains a kitchen, multi-purpose spaces, storage, and bathrooms. The addition to the Church basement will house two more multi-purpose spaces with an accordion dividing wall and a storage closet. The roof line of the main church building is pitched. The entrance area at the rear of the building along the alley, and the front entrance along N. Queen Street have flat roofs. The current office area on the north side of the building also has a flat roof. The north side of the Addition has 2 tall thin windows, and 2 double windows on the first floor. The basement will have 3 more windows visible from the pedestrian level. The Addition will have a dark brick exterior with 2 narrow tall windows on the west side facing N. Queen Street. The front portion of the Addition will have an ADA ramp surrounded by wood railings. The ramp will provide access to the church through the Addition from the surrounding sidewalks. The roof will be flat, similar in height to the offices at the rear portion of the existing building. The first floor addition will house a lobby, offices, a connecting corridor to the church and additional multi-purpose spaces with another folding partition wall. VII. TREE PLANTING AND LANDSCAPE PLAN Development Area The project site development area is most of the northern lot at 107 N. Queen Street. Tree Plantings The submitted plan does not include any new trees. There are 2 existing trees on the south side of the property. According to the tree planting schedule in Article 5 Section 16.62, the tree calculation is 1 tree for every 3,000 square feet of development area. The two parcels together are 11,325 square feet. There should be 4 trees total, giving credit for the existing 2 trees on the south side of the property. Please note a Tree Mitigation Plan on the Cover Sheet if you plan to place your additional trees elsewhere than the two parcels in this application. VIII. 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) Sheet C-001 and associated plan sheets: a) Clarify building floor area versus building footprint. Provide each in square feet. 157

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 7 of 8 b) The Zoning is not listed on the cover page. c) Identify any bicycle parking on site or note if in parking lots. d) City of Dover Engineer Signature Block not required. e) Item 8, replace “Town” with “City of Dover”. Electric will be City of Dover. f) Item 10, please add column with existing setbacks. g) Item 16, list Building Footprint and the Building Floor Area. Make sure to clarify the combined Floor Area for both floors of the addition to the building. h) Add Tree Planting calculations. 2) A Record Plan Sheet is needed to combine parcels. 3) Page C-002: Line 15, Approved Site plans are valid for 2 years. Stormwater Management Plans may be valid for 3 years. Please clarify which Plan is referenced and the correct number of years if needed. 4) Page C-051: i) The 50’ Setback line in the middle of the existing building should read “Property Line”. 5) Page C-101: (a) Proposed Addition square footage should indicate footprint. (b) Please note Dumpster/Garbage storage location. (c) Notate a Tree Planting Schedule. Based on requirement of 1 tree per 3000 SF of total lot area. This project must provide a total of 4 trees (existing and proposed). 6) The applicant may seek approval of a Tree Mitigation Plan to plant the required trees elsewhere. A written request must be submitted with reasons and concept for planting. IX. 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. 1) Conditional Use for Place of Worship: The applicant is seeking to expand an existing Place of Worship building that pre-dates the enactment of the City’s Zoning Ordinance. The use of the building is not changing; it is just expanding in size (floor area). The Building Addition seeks to continue the use of the building as a Church facility at this location in the neighborhood while modernizing the building for programming functions and ADA accessibility. Planning Staff finds the proposal compatible with the area. 2) Bicycle Parking: Planning Staff recommends the installation of the bicycle parking rack to serve the building either at the Church Building or at the nearby church owned parking lot to allow to appropriate parking for this transportation option. 158

Item 5. C-23-03 Mt. Zion A.M.E. Church Building Addition at 101 (and 107) N. Queen St. Final DAC Report of November 1, 2023 Page 8 of 8 Other agencies may recommend additional considerations to meet code objectives in accordance with their areas of expertise. Action on all considerations identified in this section is at the discretion of the Planning Commission. X. ADVISORY COMMENTS TO THE APPLICANT: 1) If major changes and revisions to the Conditional Use Site Development Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the addition, relocation of site component, 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) 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). 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meeting and permits/licenses are required. 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 should be aware that Conditional Use Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign unless deemed internal to the campus. It is recommended that the applicant discuss the sign regulation requirements with the Planning Staff prior to applying for a Sign Permit. 7) The applicant should be aware that Conditional Use Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for the issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 159

CITY OF DOVER Item 5. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 1, 2023 APPLICATION: Mt. Zion AME Church Building Addition at 101 North Queen Street FILE #: C-23-03 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 current solid waste collection provided by the City of Dover can still be utilized. If this addition provides additional solid waste containers, above and beyond the existing, the property shall utilize private services. WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 3. 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. The type of assembly will be determined by the activity that will occur in the new addition. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. GENERAL / STORMWATER / STREETS 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 160

Item 5. Mt. Zion AME Church Building Addition at 101 North Queen Street File #: C-23-03 November 1, 2023 Page 2 of 2 STREETS / SANITATION / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees may be associated with this project. 2. One meter shall be utilized for the entire building. WASTEWATER 1. Wastewater impact fees may be associated with this project. STREETS / SANITATION / STORMWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 161

C F C-23-03 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: 11/01/23 D S O H V A E L APPLICATION: Mt. Zion AME Church Building Addition at 101 North Queen St R FILE #: C-23-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is assembly. 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. Perimeter access shall be N/A 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. 4. Fire lanes shall cover 50% of the proposed building. 162

Item 5. 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) 5. 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) 6. 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. (City Code of Ordinances 46-171) 163

Item 5. 7. Sprinkler system reuired. 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. 164

Item 5. 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) 8. 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) 9. 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) 10. 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) 11. 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. 165

Item 5. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 12. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 13. 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) 166

Item 5. Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 14. 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 15. Project to be completed per approved Site Plan. 16. Full building and fire plan review is required. 17. Construction or renovations cannot be started until building plans are approved. 18. 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. 19. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 20. 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). 167

Item 5. 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) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. The plan states the current building is 5,152 SF and the new addition is 1,402 SF. The plan then shows dimensions of 102’ x 25.4’ (times about two) which is 5,181 SF. This appears to be the first floor only and does not include the basement. I need to square footage of the entire building in order to determine several items/requirements. o Received an email on 11/03/23 from Timothy Matzner confirming that the total square footage will be 13,070 S.F. and that they will be adding a new sprinkler and fire alarm system as part of the project. 2. PA N/A as outlined in item # 3 listed above. 3. FL 50% as outlined in item # 4 listed above. o The N Queen St and Fulton St roadway can be counted towards the Fire Lane. 4. I don’t believe this building currently has a fire alarm system, please confirm the same. Fire alarm system TBD. o Older fire alarm currently in place, new fire alarm will be installed with this project. 5. If a FAS is required, the Hood suppression would need to be tied to the FAS 6. I don’t believe this building currently has a sprinkler system, please confirm the same. Sprinkler system TBD. o A new sprinkler system will be installed with this project. 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. 168

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: C-23-03 Mt Zion AME Church Addition 101 North Queen Street FILE#: C-23-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Michael Vandevander 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 comment and require no submission for this project as it is city limits. 169

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOV 1, 2023 APPLICATION: Mt. Zion AME Church Building Addition at 101 North Queen Street FILE #: C-23-03 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director 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. Any relocation or upgrade 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. 170

Mt. Zion AME Church Building Addition at 101 North Queen Street Item 5. File #: C-23-03 November 1, 2023 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 2. Electric service is currently provided by the City. 3. If any upgrade to electric supply needs to be accomplished, customer will be responsible for all costs associated with the project. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 171

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 NOVEMBER 2023 APPLICATION: Mt. Zion AME Church Building Addition at 101 & 107 North Queen Street FILE #: C-23-03 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: The proposed improvements will disturb less than 5,000 square feet and is therefore exempt from the Delaware Sediment and Stormwater Regulations. Kent Conservation District has no objection to the conditional use site plan for the above referenced site. 172

Item 5. ME MORANDUM TO: City of Dover Planning Office FROM: Malcolm Jacob, Transportation Planner DATE: 11/3/2023 SUBJECT: DAC Comments 11/2023 Dear Members of the Planning Office, Attached, please find comments submitted by Dover Kent MPO for each of the current Development Advisory Committee (DAC) site plan reviews. Plans were reviewed during the Staff DAC meeting of Wednesday, November 1, 2023, and comments are being submitted in advance of the Applicant DAC meeting of Wednesday, November 8, 2023. Please reach out to the MPO if further input is needed. Sincerely, Malcolm Jacob Transportation Planner Dover/Kent County Metropolitan Planning Organization Malcolm.Jacob@doverkentmpo.org (302) 387-6030 https://doverkentmpo.delaware.gov/ POB 383 / Dover, DE 19903 / http://doverkentmpo.delaware.gov / (302) 387-6030 FAX: (302) 387-6032 173

Item 5. 1. C-23-03 Mt. Zion AME Church Building Addition at 101 North Queen Street (and 107 North Queen Street) No objections to the current site plan. Sidewalks are already present, and the plan includes accessibility ramps. 2. S-23-20 Cold Storage Warehouse at 451 Garrison Oak Drive No objections to the current site plan, provided developers ensure the site is ADA-compliant. (Accessible pedestrian paths, ramps and striping at crossings, etc.) 3. S-23-21 BHD Operations Facility at 250 Garrison Oak Drive No objections to the current site plan, provided developers ensure the site is ADA-compliant. (Accessible pedestrian paths, ramps and striping at crossings, etc.) POB 383 / Dover, DE 19903 / http://doverkentmpo.delaware.gov / (302) 387-6030 FAX: (302) 387-6032 174

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Item 5. ENGINEER'S STATEMENT I, W. ZACHARY CROUCH, P.E., HEREBY STATE THAT I AM A REGISTERED ENGINEER IN MT ZION AME DATA COLUMN THE STATE OF DELAWARE, THE THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO MY BEST KNOWLEDGE REPRESENTS 1 TAX MAP ID 2-05-07608-03-3700-000, GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE O 2-05-07608-03-3800-000 STATE OF DELAWARE. 2 DEED REFERENCE BOOK: C 32, PAGE: 31 3 APPROXIMATE PROJECT CENTER LATITUDE LONGITUDE 39.1621461° 75.5309618° 4 ENGINEER OWNER CHURCH ADDITION DAVIS, BOWEN & FRIEDEL, INC. MT. ZION A.M.E. CHURCH Professional Certification. I hereby certify that these documents were prepared or approved by 1 PARK AVENUE 101 N QUEEN ST. me, and that I am a duly licensed Professional MILFORD, DE 19963 DOVER, DELAWARE 19904 Engineer, in the laws of the State of Delaware TIMOTHY M. METZNER, RLA License No. 12734 Expiration Date: 06-30-24 PHONE: (302) 424-1441 W. ZACHARY CROUCH, P.E. DATE N DAVIS, BOWEN & FRIEDEL, INC. EMAIL: tmm@dbfinc.com 1 PARK AVENUE 5 DATUM HORIZONTAL VERTICAL MILFORD, DE 19963 NAVD 83 (DE STATE PLANE) NAVD 88 6 7 ZONING LAND USE EXISTING GENERAL RESIDENCE (RG1) EXISTING PROPOSED GENERAL RESIDENCE (RG1) PROPOSED PRELIMINARY PLANS OWNER'S STATEMENT I, MT. ZION A.M.E. CHURCH, HEREBY STATE THAT I AM THE OWNER OF THE PROPERTY DESCRIBED AND SHOWN ON THIS PLAN, THE PLAN WAS MADE AT MY LAND USE LAND USE CITY OF DOVER DIRECTION. I ACKNOWLEDGE THE SAME TO BE MY ACT AND DESIRE THE PLAN TO BE 8 UTILITY PROVIDERS SEWER WATER GAS ELECTRIC DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE LAWS AND M TOWN TOWN N/A N/A REGULATIONS. 9 POSTED SPEED LIMIT FULTON ST (LOCAL ROAD) N QUEEN ST (KCR 190A) 25 MPH 25 MPH 10 11 FLOODPLAIN TRANSPORTATION IMPROVEMENT DISTRICT (TID) THE PROPERTY IS NOT IMPACTED BY THE 100 YEAR FLOODPLAIN AS DETERMINED BY FEMA PANEL 10001C0166H, DATED MAY 05, 2003 & BY FEMA PANEL 10001C0167H, DATED MAY 05, 2003. THE PROPERTY IS NOT LOCATED IN A TRANSPORTATION IMPROVEMENT DISTRICT (TID). DISTANCE TO NEAREST TID (MILFORD) : 18.244 MI. KENT COUNTY, DELAWARE MT. ZION A.M.E. CHURCH DATE L 12 13 GROUNDWATER RECHARGE WELLHEAD PROTECTION AREA THE PROPERTY IS LOCATED IN AN AREA OF FAIR GROUNDWATER RECHARGE. THE PROPERTY IS NOT LOCATED IN A WELLHEAD PROTECTION AREA. DBF# 4335A001 101 N. QUEEN ST. DOVER, DELAWARE 19904 14 WETLANDS THE PROPERTY IS NOT IMPACTED BY STATE AND/OR FEDERALLY REGULATED WETLANDS. JUNE 2023 APPROVED 15 CODE COMPLIANCE REQUIRED PROPOSED FRONT SETBACK 50 FT 50 FT CITY OF DOVER ENGINEER: MT ZION AME CHURCH ADDITION SIDE SETBACK 25 FT 25 FT K REAR SETBACK 25 FT 25 FT MAXIMUM DENSITY N/A N/A MAXIMUM BUILDING HEIGHT 35 FT (2.5 STORIES) 35 FT (2.5 STORIES) PARKING N/A N/A 16 AREAS EXISTING PROPOSED SITE AREA 11,520.00 SF. (0.264 AC.) (100.00%) 11,520.00 SF. (0.264 AC.) (100.00%) J NAME DATE IMPERVIOUS COVER 6,315.08 SF. (0.145 AC.) (54.82%) 7,776.79 SF. (0.179 AC.) (67.51%) KENT COUNTY, DELAWARE AGREEMENT # BUILDING FOOTPRINT 5,152 SF. (0.118 AC) (44.72%) 1,402 SF. (0.032 AC) (12.17%) OVERALL BUILDING FOOTPRINT --- 6,554 SF. (0.150 AC) (56.89%) INDEX OF SHEETS CITY OF DOVER GENERAL C-001 TITLE SHEET C-002 LEGEND & NOTES I DEMOLITION PLAN C-051 EXISTING CONDITIONS C-052 PRELIMINARY DEMOLITION PLAN SITE PLAN C-101 PRELIMINARY SITE & GRADING PLAN PE PE PE H PE PE PE PROJECT LOCATION PROJECT LOCATION G F © 2023 Microsoft Corporation © 2023 TomTom VICINITY MAP SCALE: 1" = 6 MILES LOCATION MAP SCALE: 1" = 500' E 0' 6 MI 12 MI 18 MI 0' 500' 1000' 1500' SCALE: 1" = 6 MILES SCALE: 1" = 500' D P:\4335\4335a001-mt zion ame church\CAD\SHEET\PRELIM\4335A001-C-001-TITLE.dwg Oct 06 , 2023 - 9:02am PERY Date: C JUNE 2023 Scale: AS SHOWN Dwn.By: YAP Proj.No.: 4335A001 B TITLE SHEET A Dwg.No.: C-001 175 THIS DRAWING, THE DESIGN AND CONSTRUCTION FEATURES DISCLOSED ARE PROPRIETARY TO DAVIS, BOWEN & FRIEDEL, INC., AND SHALL NOT BE ALTERED OR REUSED WITHOUT WRITTEN PERMISSION. COPYRIGHT © 2023

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Item 5. GENERAL NOTES DEMOLITION NOTES EXISTING SYMBOLS PROPOSED SYMBOLS O 1. THE CONTRACTOR SHALL NOTIFY THE FOLLOWING TWO WEEKS PRIOR TO THE START OF CONSTRUCTION AND 1. MISS UTILITY OF DELMARVA SHALL BE NOTIFIED THREE CONSECUTIVE WORKING DAYS PRIOR TO EXCAVATION, AT 1-800-282-8555. SHALL APPRISE AND COORDINATE DURING ALL PHASES OF CONSTRUCTION: LINETYPE DESCRIPTION LINETYPE DESCRIPTION 1.1. CITY OF DOVER PUBLIC WORKS DEPARTMENT 302-736-7025 2. EXISTING UTILITIES ARE SHOWN IN ACCORDANCE WITH THE BEST AVAILABLE INFORMATION. COMPLETENESS OR CORRECTNESS THEREOF 1.2. DAVIS, BOWEN & FRIEDEL, INC. 302-424-1441 IS NOT GUARANTEED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO CONTACT THE UTILITY COMPANIES INVOLVED IN ORDER TO 1.3. KENT CONSERVATION DISTRICT 302-608-5370 SECURE THE MOST ACCURATE INFORMATION AVAILABLE AS TO UTILITY LOCATION AND ELEVATION. NO CONSTRUCTION AROUND OR ADJACENT TO UTILITIES SHALL BEGIN WITHOUT NOTIFYING THEIR OWNERS AT LEAST 48 HOURS IN ADVANCE. THE CONTRACTOR SHALL PROPERTY LINE PE PROPERTY LINE TAKE THE NECESSARY PRECAUTIONS TO PROTECT THE EXISTING UTILITIES AND MAINTAIN UNINTERRUPTED SERVICE AND ANY DAMAGE 2. MISS UTILITY OF DELAWARE SHALL BE NOTIFIED THREE (3) CONSECUTIVE WORKING DAYS PRIOR TO EXCAVATION, DONE TO THEM DUE TO HIS/HER NEGLIGENCE SHALL BE IMMEDIATELY AND COMPLETELY REPAIRED AT THE CONTRACTOR'S EXPENSE. TO R/W RIGHT-OF-WAY LINE AT 1-800-282-8555. LOCATE EXISTING UTILITIES IN THE FIELD PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL CONTACT MISS UTILITY OF DELMARVA. EX-R/W RIGHT-OF-WAY LINE Professional Certification. I hereby certify that these documents were prepared or approved by me, and that I am a duly licensed Professional 3. THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL, AND DISPOSING IN A LOCATION APPROVED BY ALL GOVERNING 3. BOUNDARY SURVEY BY DAVIS, BOWEN & FRIEDEL INC JUNE 2023. BASE TOPOGRAPHY PREPARED BY DAVIS, BOWEN & FRIEDEL INC. BOUNDARY AND TOPOGRAPHIC SURVEY DATA PROVIDED BY DAVIS, BOWEN & FRIEDEL INC. AUTHORITIES, OF ALL ABOVE GROUND STRUCTURES, UNDERGROUND STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, ++ EASEMENT PE EASEMENT Engineer, in the laws of the State of Delaware License No. 12734 Expiration Date: 06-30-24 DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC., SUCH THAT THE IMPROVEMENTS SHOWN ON THE REMAINING PLANS CAN BE N CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE 2. THIS PROJECT USES DATUM NAD83 DELAWARE STATE PLANE. COMPACTED FILL MATERIAL PER THE SPECIFICATIONS. X FENCE X FENCE - CHAINLINK 3. CONTRACTOR SHALL PROVIDE STAKEOUT NECESSARY FOR THE INSTALLATION OF UTILITIES, STORM DRAINS, 4. THE CONTRACTOR SHALL REMOVE AND IMMEDIATELY REPLACE, RELOCATE, RESET OR RECONSTRUCT ALL OBSTRUCTIONS IN THE ROAD PAVING AND ALL OTHER SITE WORK INCLUDED IN THESE PLANS. ALL STAKEOUT WORK IS TO BE PERFORMED WAY, INCLUDING, BUT NOT LIMITED TO, MAILBOXES, SIGNS, LANDSCAPING, LIGHTING, PLANTERS, CULVERTS, DRIVEWAYS, PARKING AREAS, CURBS, GUTTERS, FENCES, OR OTHER NATURAL OR MAN-MADE OBSTRUCTIONS. TRAFFIC CONTROL, REGULATORY, WARNING AND 24 CONTOUR FENCE - SPLIT RAIL UNDER THE DIRECT SUPERVISION OF A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF DELAWARE. INFORMATIONAL SIGNS SHALL REMAIN FUNCTIONAL AND VISIBLE TO THE APPROPRIATE LANES OF TRAFFIC AT ALL TIMES, WITH THEIR RELOCATION KEPT TO A MINIMUM DISTANCE. THE COST SHALL BE INCLUDED IN THE COST OF ITEMS BID. 24.74 TC FENCE - STOCKADE 4. THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR ANY DEVIATION FROM THESE PLANS UNLESS 24.24 24.24 SPOT ELEVATIONS: SURFACE 5. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE LAWS, ORDINANCES, RULES, REGULATIONS AND ORDERS OF ANY PUBLIC BODY WRITTEN APPROVAL HAS BEEN PROVIDED BY THE ENGINEER. HAVING JURISDICTION. THE CONTRACTOR SHALL ERECT AND MAINTAIN, AS REQUIRED BY THE CONDITIONS AND PROGRESS OF THE WORK, ALL NECESSARY SAFEGUARDS FOR SAFETY AND PROTECTION. SWALE 24 CONTOUR 5. ACCORDING TO FEMA FLOOD INVENTORY MAP 10001C0166H, DATED: MAY 05, 2003, AND FEMA FLOOD INVENTORY MAP 10001C0167H, DATED: MAY 05, 2003. THE SITE IS IN ZONE "X" - AREA OF MINIMAL FLO0DING. 6. DELAWARE REGULATIONS PROHIBIT THE BURIAL OF CONSTRUCTION DEMOLITION DEBRIS, INCLUDING TREES AND STUMPS ON 23.00 TC 23.00 TOP OF CURB M CONSTRUCTION SITES. ANY SOLID WASTE FOUND DURING THE EXCAVATION FOR STRUCTURES AND UTILITY LINES ON AND OFF SITE MUST EDGE OF WOODS 22.50 BC SPOT ELEVATIONS: SURFACE BOTTOM OF CURB 6. THE DNREC SEDIMENT AND STORMWATER PROGRAM (OR DELEGATED AGENCY) SHALL BE NOTIFIED IN WRITING BE REMOVED AND PROPERLY DISCARDED. ANY REMEDIAL ACTION REQUIRED IS THE RESPONSIBILITY OF THE CONTRACTOR TO PERFORM. FIVE (5) DAYS PRIOR TO COMMENCING WITH CONSTRUCTION. FAILURE TO DO SO CONSTITUTES A VIOLATION OF ADDITIONAL COSTS WILL BE NEGOTIATED WITH THE OWNER. THE APPROVED SEDIMENT AND STORMWATER MANAGEMENT PLAN. 7. THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL AND/OR RELOCATION OF S EX-SS SANITARY SEWER - SEWER MAIN, MANHOLE, & CLEANOUT SWALE UTILITIES. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANY CONCERNING PORTIONS OF WORK WHICH MAY BE 7. REVIEW AND OR APPROVAL OF THE SEDIMENT AND STORMWATER MANAGEMENT PLAN SHALL NOT RELIEVE THE PERFORMED BY THE UTILITY COMPANY'S FORCES AND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES. CONTRACTOR FROM HIS OR HER RESPONSIBILITIES FOR COMPLIANCE WITH THE REQUIREMENTS OF THE THE CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES, PERMITS AND CHARGES. EX-W WATER SERVICE - EDGE OF WOODS DELAWARE SEDIMENT AND STORMWATER REGULATIONS, NOR SHALL IT RELIEVE THE CONTRACTOR FROM ERRORS OR OMISSIONS IN THE APPROVED PLAN. 8. DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. ALL WORK MUST BE DONE IN COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED AND ALL RULES AND REGULATIONS THERETO APPURTENANT. D STORM SEWER - STORMDRAIN, MANHOLE, & INLET MH 8SS SANITARY SEWER - MANHOLE, CLEANOUT, & FLOW ARROW 8. IF THE APPROVED PLAN NEEDS TO BE MODIFIED, ADDITIONAL SEDIMENT AND STORMWATER CONTROL MEASURES MAY BE REQUIRED AS DEEMED NECESSARY BY DNREC OR THE DELEGATED AGENCY. 9. PRIOR TO DEMOLITION OCCURRING, EROSION CONTROL DEVICES ARE TO BE INSTALLED AS DETAILED ON THE SEQUENCE OF CONSTRUCTION. CURB, CURB & GUTTER 8W WATER SERVICE - VALVE, WATER METER, & FIRE HYDRANT L 9. FOLLOWING SOIL DISTURBANCE OR REDISTURBANCE, PERMANENT OR TEMPORARY STABILIZATION SHALL BE COMPLETED FOR ALL PERIMETER SEDIMENT CONTROLS, SOIL STOCKPILES, AND ALL OTHER DISTURBED OR GRADED AREAS ON THE PROJECT SITE WITHIN 14 CALENDAR DAYS UNLESS MORE RESTRICTIVE FEDERAL CONCRETE - SIDEWALK, PAD, OR PAVING STORM SEWER - MANHOLE, PIPE, & DRAINAGE INLET REQUIREMENTS APPLY. 10. ALL EROSION AND SEDIMENT CONTROL PRACTICES SHALL COMPLY WITH THE DELAWARE EROSION AND SEDIMENT FULL DEPTH PAVEMENT - LIGHT / HEAVY CURB, CURB & GUTTER CONTROL HANDBOOK, LATEST EDITION. BUILDING CONCRETE - SIDEWALK, PAD, OR PAVING 11. AT ANY TIME A DEWATERING OPERATION IS USED, IT SHALL BE PREVIOUSLY APPROVED BY THE AGENCY CONSTRUCTION SITE REVIEWER FOR A NON-EROSIVE POINT OF DISCHARGE, AND A DEWATERING PERMIT SHALL BE APPROVED BY THE DNREC WELL PERMITTING BRANCH. TREES & BUSH - DECIDUOUS & EVERGREEN FULL DEPTH PAVEMENT - LIGHT MT ZION AME CHURCH ADDITION K 12. APPROVAL OF A SEDIMENT AND STORMWATER MANAGEMENT PLAN DOES NOT GRANT OR IMPLY A RIGHT TO DISCHARGE STORMWATER RUNOFF. THE OWNER/DEVELOPER IS RESPONSIBLE FOR ACQUIRING ANY AND ALL SIGNS & MAILBOXES FULL DEPTH PAVEMENT - HEAVY AGREEMENTS, EASEMENTS, ETC., NECESSARY TO COMPLY WITH STATE DRAINAGE AND OTHER APPLICABLE LAWS. 13. THE CONTRACTOR SHALL AT ALL TIMES PROTECT AGAINST SEDIMENT OR DEBRIS LADEN RUNOFF OR WIND FROM BUILDING LEAVING THE SITE. PERIMETER CONTROLS SHALL BE CHECKED DAILY AND ADJUSTED AND/OR REPAIRED TO FULLY CONTAIN AND CONTROL SEDIMENT FROM LEAVING THE SITE. ACCUMULATED SEDIMENT SHALL BE REMOVED WHEN IT HAS REACHED HALF OF THE EFFECTIVE CAPACITY OF THE CONTROL. IN ADDITION, THE CONTRACTOR MAY NEED TREES & BUSHES - DECIDUOUS TO ADJUST OR ALTER MEASURES IN TIMES OF ADVERSE WEATHER CONDITIONS, OR AS DIRECTED BY THE AGENCY CONSTRUCTION SITE REVIEWER. TREES & BUSHES - EVERGREEN 14. BEST AVAILABLE TECHNOLOGY (BAT) SHALL BE EMPLOYED TO MANAGE TURBID DISCHARGES IN ACCORDANCE WITH REQUIREMENTS OF 7. DEL C. CH 60, REGULATIONS GOVERNING THE CONTROL OF WATER POLLUTION, J SECTION 9.1.02, KNOWN AS SPECIAL CONDITIONS FOR STORMWATER DISCHARGES ASSOCIATED WITH ITEMS TO BE DEMOLISHED CONSTRUCTION ACTIVITIES, AND DNREC POLICIES, PROCEDURES, AND GUIDANCE. KENT COUNTY, DELAWARE 15. APPROVED PLANS REMAIN VALID FOR 3 YEARS FROM THE DATE OF APPROVAL. SIGNS 16. POST CONSTRUCTION VERIFICATION DOCUMENTS ARE TO BE SUBMITTED TO THE DNREC SEDIMENT AND SITE NOTES CITY OF DOVER STORMWATER PROGRAM WITHIN 60-DAYS OF STORMWATER MANAGEMENT FACILITY COMPLETION. 17. THE NOTICE OF INTENT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER A NPDES GENERAL PERMIT FOR THIS PROJECT IS #XXXX. AT ANY TIME THE OWNERSHIP FOR THIS PROJECT PARKING COUNT CHANGES, A TRANSFER OF AUTHORIZATION OR A CO-PERMITTEE APPLICATION MUST BE SUBMITTED TO DNREC. THE PERMITTEE OF RECORD SHALL NOT BE RELIEVED OF THEIR RESPONSIBILITIES UNTIL A NOTICE OF TERMINATION HAS BEEN PROCESSED BY DNREC. I 18. THE OWNER SHALL BE FAMILIAR WITH AND COMPLY WITH ALL ASPECTS OF THE NPDES CONSTRUCTION GENERAL PERMIT ASSOCIATED WITH THE PROJECT, INCLUDING, BUT NOT LIMITED TO, PERFORMING WEEKLY SITE INSPECTIONS DURING CONSTRUCTION AND AFTER RAIN EVENTS, AND MAINTAINING WRITTEN LOGS OF THESE INSPECTIONS. 19. BEFORE ANY EARTHWORK OR EXCAVATION TAKES PLACE, THE CONTRACTOR SHALL CALL MISS UTILITY AT 811 OR 1.800.282.8555 AT LEAST 48 HOURS PRIOR TO CONSTRUCTION, TO HAVE ALL EXISTING UTILITIES MARKED ONSITE 20. DOCUMENTATION OF SOIL TESTING AND MATERIALS USED FOR TEMPORARY OR PERMANENT STABILIZATION INCLUDING BUT NOT LIMITED TO SOIL TEST RESULTS, SEED TAGS, SOIL AMENDMENT TAGS, ETC. SHALL BE PROVIDED TO THE DEPARTMENT OR DELEGATED AGENCY TO VERIFY THAT THE PERMANENT OR TEMPORARY H STABILIZATION HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED PLAN. THE DEPARTMENT OR DELEGATED AGENCY MAY REQUIRE ADDITIONAL SOIL TESTING AND REAPPLICATION OF PERMANENT OR TEMPORARY STABILIZATION IN ACCORDANCE WITH SPECIFICATIONS PROVIDED IN THE DELAWARE EROSION AND SEDIMENT CONTROL HANDBOOK, OR ALTERNATIVE MEASURES THAT PROVIDE FUNCTIONAL EQUIVALENCY. 21. IT SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO MAINTAIN AND REPAIR ALL EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT PRACTICES DURING UTILITY INSTALLATION AND SITE CONSTRUCTION. 22. IT SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER TO MAINTAIN AND REPAIR ALL EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT PRACTICES AFTER COMPLETION AND APPROVAL OF ALL STORMWATER MANAGEMENT PRACTICES. 23. TEMPORARY VEGETATIVE COVER, MULCHING AND/OR SPRINKLING WITH WATER SHALL BE THE METHODS USED AS G NECESSARY TO CONTROL DUST. 24. STABILIZATION MATTING SHALL BE NORTH AMERICAN GREEN SC150BN OR DNREC TYPE SSM-III. 25. ALL RIPRAP SHALL BE UNDERLAIN WITH MIRAFI 600X GEOTEXTILE OR DNREC TYPE GS-1. 26. ALL STORM DRAIN PIPING, INLET, MANHOLE, AND END SECTION INSTALLATION SHALL BE IN ACCORDANCE WITH KENT COUNTY CONSTRUCTION STANDARDS. 27. ALL STORM DRAIN DESIGNATED AS RCP IS TO BE REINFORCED CONCRETE PIPE, MEETING AASHTO M 170 SPECIFICATIONS, STORM DRAIN SEE PIPE SCHEDULE FOR PIPE CLASSIFICATION. F 28. PIPE SPAN LENGTHS ARE MEASURED FROM C/L OF STRUCTURE TO C/L OF STRUCTURE, WHERE APPLICABLE ARE ROUNDED TO THE NEAREST FOOT. 29. ALL SEALS MUST BE WATERTIGHT WITH NON SHRINK GROUT OR RUBBER GASKETS AND CONCRETE STRUCTURES MUST BE PRECAST OR POURED IN PLACE. 30. CONTRACTOR SHALL GRADE, TOPSOIL, SEED AND MULCH ALL DISTURBED AREAS OF CONSTRUCTION, INCLUDING PIPE INSTALLATION OR DITCH CONSTRUCTION. EROSION CONTROL MATTING SHALL BE PROVIDED ON ALL SLOPES GREATER THAN 3:1. 31. THE CONTRACTOR SHALL PROVIDE SEDIMENT CONTROL MEASURES TO PROTECT STOCKPILE AREAS AND STORAGE AREAS. ALL AREAS USED BY THE CONTRACTOR FOR STAGING OPERATIONS SHALL BE FULLY RESTORED BY THE CONTRACTOR UPON COMPLETION OF THE PROJECT. IF THE STAGING AREA IS PAVED, IT SHALL BE E RESTORED TO ITS ORIGINAL CONDITION. IF THE STAGING AREA IS UNPAVED, IT SHALL BE RE-GRADED, TOPSOILED, SEEDED AND MULCHED TO THE SATISFACTION OF THE ENGINEER. ALL COSTS ASSOCIATED WITH RESTORATION OF THE STAGING AREA SHALL BE AT THE CONTRACTOR'S EXPENSE. IF THE ENGINEER DETERMINES THAT A SATISFACTORY STAND OF GRASS DOES NOT EXIST AT THE TIME OF FINAL INSPECTION, ALL COSTS ASSOCIATED WITH RE-ESTABLISHING A SATISFACTORY STAND OF GRASS SHALL BE AT THE CONTRACTOR'S EXPENSE. 32. EQUIPMENT AND/OR STOCKPILE MATERIAL SHALL NOT BE STORED IN THE DRIPLINE AREA OF ANY TREE. 33. IF THE APPROVED PLAN NEEDS TO BE MODIFIED, ADDITIONAL SEDIMENT AND STORMWATER CONTROL MEASURES MAY BE REQUIRED AS DEEMED NECESSARY BY THE KENT CONSERVATION DISTRICT. 34. STABILIZATION MATTING SHALL BE NORTH AMERICAN GREEN SC150BN OR APPROVED EQUIVALENT. D P:\4335\4335a001-mt zion ame church\CAD\SHEET\PRELIM\4335A001-C-001-TITLE.dwg Oct 06 , 2023 - 9:02am PERY Date: C JUNE 2023 Scale: AS SHOWN Dwn.By: YAP Proj.No.: 4335A001 B LEGEND & NOTES A Dwg.No.: C-002 176 THIS DRAWING, THE DESIGN AND CONSTRUCTION FEATURES DISCLOSED ARE PROPRIETARY TO DAVIS, BOWEN & FRIEDEL, INC., AND SHALL NOT BE ALTERED OR REUSED WITHOUT WRITTEN PERMISSION. COPYRIGHT © 2023

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Item 5. EX-R/W O Professional Certification. I hereby certify that EX-R/W these documents were prepared or approved by me, and that I am a duly licensed Professional Engineer, in the laws of the State of Delaware License No. 12734 Expiration Date: 06-30-24 N EX-R/W M PE PE PE PE PE PE PE PE PE PE PE L R/W MT ZION AME CHURCH ADDITION K R/W PE PE PE PE PE PE PE PE PE PE PE J KENT COUNTY, DELAWARE CITY OF DOVER R/W I R/W H R/W G R/W R/W R/W R/W R/W R/W R/W R/W R/W EX-R/W EX-R/W EX-R/W EX-R/W F E EXISTING CONDITIONS SCALE: 1" = 10" HORIZ. D P:\4335\4335a001-mt zion ame church\CAD\SHEET\PRELIM\4335A001-C-051-TOPO.dwg Oct 06 , 2023 - 9:02am PERY Date: C JUNE 2023 Scale: 1" = 10' Dwn.By: YAP Proj.No.: ANE 4335A001 TAT E PL B D 83 83 S NGV EXISTING NAD CONDITONS A Dwg.No.: 0' SCALE: 1" = 10' 10' 20' 30' C-051 177 THIS DRAWING, THE DESIGN AND CONSTRUCTION FEATURES DISCLOSED ARE PROPRIETARY TO DAVIS, BOWEN & FRIEDEL, INC., AND SHALL NOT BE ALTERED OR REUSED WITHOUT WRITTEN PERMISSION. COPYRIGHT © 2023

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Item 5. EX-R/W DEMO KEY NOTES REMOVE EXTERIOR FITTINGS FROM BUILDING O REMOVE SIDEWALK / CONCRETE PAD, FULL DEPTH EXISTING BRICK STAIRS TO BE REMOVED / RELOCATED EXISTING BRICK PORCH TO BE REMOVED EXISTING HVAC EQUIPMENT TO BE REMOVED / RELOCATED Professional Certification. I hereby certify that EX-R/W these documents were prepared or approved by me, and that I am a duly licensed Professional EXISTING LANDSCAPE BED TO BE REMOVED / RELOCATED Engineer, in the laws of the State of Delaware License No. 12734 Expiration Date: 06-30-24 REMOVE UTILITY / LIGHT POLES N LEGEND BUILDING TO BE REMOVED / RELOCATED EX-R/W SIDEWALK/CONCRETE PADS M TO BE REMOVED LANDSCAPE FEATURES TO BE REMOVED / RELOCATED MISCELLANEOUS ITEMS TO BE REMOVED PE PE PE PE PE PE PE PE PE PE PE L R/W MT ZION AME CHURCH ADDITION K R/W PE PE PE PE PE PE PE PE PE PE PE J KENT COUNTY, DELAWARE CITY OF DOVER R/W I R/W H R/W G R/W R/W R/W R/W R/W R/W R/W R/W R/W EX-R/W EX-R/W EX-R/W EX-R/W F E DEMOLITION PLAN SCALE: 1" = 10" HORIZ. D P:\4335\4335a001-mt zion ame church\CAD\SHEET\PRELIM\4335A001-C-051-TOPO.dwg Oct 06 , 2023 - 9:02am PERY Date: C JUNE 2023 Scale: 1" = 10' Dwn.By: YAP Proj.No.: ANE 4335A001 TAT E PL B D 83 83 S NGV PRELIMINARY NAD DEMOLITION PLAN A Dwg.No.: 0' SCALE: 1" = 10' 10' 20' 30' C-052 178 THIS DRAWING, THE DESIGN AND CONSTRUCTION FEATURES DISCLOSED ARE PROPRIETARY TO DAVIS, BOWEN & FRIEDEL, INC., AND SHALL NOT BE ALTERED OR REUSED WITHOUT WRITTEN PERMISSION. COPYRIGHT © 2023

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Item 5. EX-R/W SITE KEY NOTES CONCRETE SIDEWALK O 6" WOOD POST, TYP. WOOD HANDICAP RAMP, TYP. LANDSCAPE BEDDING, TYP. 6' HEIGHT, WOOD RAMP, W/ RAILINGS Professional Certification. I hereby certify that EX-R/W these documents were prepared or approved by me, and that I am a duly licensed Professional BRICK PLANTER Engineer, in the laws of the State of Delaware License No. 12734 Expiration Date: 06-30-24 RELOCATED MONUMENT N PAVEMENT LEGEND EX-R/W CONCRETE SIDEWALK, PAD OR PAVING M REINFORCED TURF PE PE PE PE PE PE PE PE PE PE PE 33.52 33.52 35.00 35.00 L 10.2' 9.5' 35.00 33.52 R/W 33.52 35.00 MT ZION AME CHURCH ADDITION K PROPOSED ADDITION 1,402 S.F. 36.53 F.F. 31.99 36.53 R/W 31.99 36.53 31.96 31.85 EXISTING WALL SHOWN AS REFERENCE PE PE PE PE PE PE PE PE PE PE PE J KENT COUNTY, DELAWARE 32.11 32.01 CITY OF DOVER R/W I R/W H R/W G R/W R/W R/W R/W R/W R/W R/W R/W R/W EX-R/W EX-R/W EX-R/W EX-R/W F E SITE & GRADING PLAN SCALE: 1" = 10" HORIZ. D P:\4335\4335a001-mt zion ame church\CAD\SHEET\PRELIM\4335A001-C-101-SITE.dwg Oct 06 , 2023 - 9:02am PERY Date: C JUNE 2023 Scale: 1" = 10' Dwn.By: YAP Proj.No.: ANE 4335A001 TAT E PL B D 83 PRELIMINARY 83 S NGV SITE & NAD GRADING PLAN A Dwg.No.: 0' SCALE: 1" = 10' 10' 20' 30' C-101 179 THIS DRAWING, THE DESIGN AND CONSTRUCTION FEATURES DISCLOSED ARE PROPRIETARY TO DAVIS, BOWEN & FRIEDEL, INC., AND SHALL NOT BE ALTERED OR REUSED WITHOUT WRITTEN PERMISSION. COPYRIGHT © 2023

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Item 5. 181

Item 5. 182

Item 6. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF November 8, 2023 PLANNING COMMISSION MEETING November 20, 2023 Plan Title: Cold Storage Warehouse at 451 Garrison Oak Drive Garrison Oak Business & Technology Center – Lot 8 S-23-20 Plan Type: Site Development Plan Associated Application: Variance Application V-23-05 (Approved by Board of Adjustment) Property Owner: City of Dover Applicants/ Equitable Owner: SLS Equity Partners Location: South side of Garrison Oak Drive Address: 451 Garrison Oak Drive Tax Parcel: LC-05-068.00-02-08.00-000 Site Area: Lot 8: 11.53 acres +/- Zoning: IPM-2 (Industrial Park/Manufacturing Technology Center) SWPOZ (Source Water Protection Overlay Zone): Tier 2 Primary Wellhead Protection Area Present Use: Vacant Proposed Use: Warehouse Sanitary Facilities: City of Dover Water Supply: City of Dover Waivers Requested: Partial Elimination of Upright Curbing Reduction of Parking Requirement For Consideration: Performance Standards Review Application P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 183

City of Item 6. Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: November 8, 2023 APPLICATION: Cold Storage Warehouse at 451 Garrison Oak Drive, Lot 8 Garrison Oak Business & Technology Park FILE #: S-23-20 REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: 302.736.7196 I. PLAN SUMMARY This is a Site Development Plan to permit construction of a 165,000 SF Cold Storage Warehouse with associated site improvements. The site is located at Lot 8 of the Garrison Oak Business & Technology Center. The property is zoned IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center) and partially subject to the SWPOZ (Source Water Protection Overlay Zone: Tier 2 Primary Wellhead Protection Area). The property of 11.53 acres is located on the south side Garrison Oak Drive. The owner of record is the City of Dover; and the equitable owner is SLS Equity Partners. Property Address: 451 Garrison Oak Drive. Tax Parcel: LC-05-068.00-02-08.00-000. Council District 3. Garrison Oak Business & Technology Center (Garrison Oak Technical Park) The Subdivision Plan to layout the lots, street network, and other infrastructure was reviewed as the Garrison Oak Technical Park (Application SB-09-06) to establish fifteen (15) individual lots and residual open space from two parcels totaling 381.84 acres +/- on a tract known as Garrison Oak. The Planning Commission reviewed and granted conditional approval of this proposed Subdivision Plan for the Technical Park in January 2010 and September 2010 with the Record Plan recorded in May 2012. Construction of infrastructure and the road network of Garrison Oak Drive then commenced. Within the Garrison Oak Business & Technology Center (previously known as the Garrison Oak Technical Park), several lots have already been developed through the Site Development Plan review process. Application S-10-01 completed the subdivision of Lot #15 and its development as the Dover Sun Park. A Site Development Master Plan application (S-12-03) and Performance Standards Review Application (MI-12-21) along with an Administrative Site Plan (S-12-17 Phase 1) approved in September 2013 was for Calpine’s development of Lot #7 as the Garrison Energy Center. Site Plan S-13-20 outlined the development of Lot #12 for the Uzin Utz Manufacturing N.A.; this dry mortar plant facility consisting of an office building, warehouse, and production building opened for operation in 2015. Site Plan S-16-24 was for the development of Advantech as office with the light manufacturing facility on Lot #13. Site Plan S-23-09 Byler’s Warehouse was recently approved for the development of Lot #2 with a warehouse building. 184

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 3 of 11 Preliminary Land Use Services Review (PLUS) The Garrison Oak Technical Park Subdivision Plan application was reviewed on November 25, 2009 by the Preliminary Land Use Services as required by the City of Dover’s Memorandum of Understanding (MOU). This MOU requires certain types of applications (i.e. non-residential developments of over 75,000 square feet) or specific project locations complete the PLUS Review process prior to application submission. For this specific development of GOBTC Lot 8, the size of the proposed building would have required PLUS Review per the MOU; however, a PLUS Review Waiver has been granted based on its importance as an economic development project and as per the waiver process established by House Bill 104 (29 Del. C. §9202 and §9203). See Letter dated October 16, 2023 from the Office of State Planning Coordination granting the waiver. II. PROJECT DESCRIPTION The Site Development Plan proposes the construction of a Warehouse for bulk cold storage as a 165,000 SF building. The design of the site appears to maximize the building size while also providing on-site circulation, fire lane coverage, and space for on-site maneuverability of trucks for loading activities. The Warehouse Building includes a series of truck dock bays on the south elevation with additional truck and trailer parking for the functions of this distribution facility. A portion of the building includes an office area with the car parking lot area on the east side of the building. The southwestern edge of the site is partially impacted by the floodplain and the southeastern portion of the site will focus on stormwater management areas. The site will be subject to a Performance Standards Review Application to ensure the proposed use complies with Zoning Regulations. Previous Application The site was granted two variances by the Board of Adjustment on October 18, 2023 to reduce setbacks related to building height and to increase the maximum lot coverage to 71% (Application V-23-05). The first Variance request was to reduce the setbacks as it relates to building height by allowing a portion of the building to be up to 100 feet in height when setback 88 feet (front yard) or 60 feet (side yard) from the property lines. The second Variance request allows an increase in the maximum lot coverage from 65% to 71% for the property. Surrounding Properties With its location within the Garrison Oak Business & Technology Center, this property is adjacent to other undeveloped lots in the Park that are also zoned IPM-2. The neighboring parcels are not yet developed include Lot #9 adjacent on the west and Lots #5 and 6 to the east across Garrison Oak Drive. To the north, there are the solar field (Lot #15) and the energy generation facility (Lot #7) already existing to the north across Garrison Oak Drive. Along the subject parcel’s southern property line is a tract owned by the City of Dover zoned ROS (Recreational and Open Space Zone). It serves as an open space area within the overall GOBTC with tree plantings and also protects a Special Flood Hazard Area (100-year floodplain) and drainage system in the area. On the next lot (Lot #3) to the south includes the placement of a City of Dover Water Tower. III. ZONING REVIEW IPM-2 (Industrial Park Manufacturing Zone – Business & Technology Center) Zoning Ordinance, Article 3 Section 20A lists the permitted uses, conditional uses, and other provisions of the IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center) zone. In Article 3 Section 20A.16, it notes for the IPM-2 zone that the proposed use of a 185

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 4 of 11 warehouse building as a bulk cold storage and distribution building is allowable as a type of “Warehousing, transshipment and distribution, and logistics support and trucking terminals.” SWPOZ – Source Water Protection Overlay Zone, Tier 2: Primary Wellhead Protection Area The purpose of the Source Water Protection Overlay Zone (Zoning Ordinance Article 3 §29) is to provide a safe drinking water supply and to ensure that groundwater is adequately protected and maintained. This the eastern portion of the site is subject to the Tier 2: Primary Wellhead Protection Area. The following uses listed below are prohibited throughout the SWPOZ, including in the Tier 2 area. The proposed use as a warehouse would be allowed. Zoning Ordinance Article 3 Section 29 29.51 Uses prohibited: a) Automobile body/repair shop, motor vehicle, boat or farm equipment service; b) Gas stations and motor vehicle service stations; c) Fleet/trucking/bus terminal; d) Dry cleaner; e) Electrical/electronic manufacturing facility; f) Machine shop; g) Metal plating/finishing/fabricating facility; h) Chemical processing/storage facility; i) Wood preserving/treating facility; j) Junk yard/scrap yard/salvage yard; k) Mines/gravel pit; l) Land divisions resulting in high density (> one unit/acre) septic systems; m) Equipment maintenance/fueling areas; n) Injection wells/dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell; o) Underground storage tanks; p) All uses not permitted in the underlying zone district. Tier 2 - Primary Wellhead Protection Area Lands are additionally subject to specific rules for protection of potable water supply well fields. Specific requirements are for areas immediately surrounding the actual wellhead location; there is not a wellhead on or within 500 feet of this property. There are provisions related to management of stormwater runoff and its discharge requiring use of sheet flow through grassland areas and certain construction features of stormwater management facilities. This will be reviewed as part of the Stormwater Management Plan by the Kent Conservation District. IV. PARKING SUMMARY The parking requirement in the IPM-2 zoning district is one space per 800 S.F. of floor area or one space per employee of the largest shift. The floor area of 165,000 S.F. for the total facility would require a minimum of 207 parking spaces. The plan shows a parking lot of 118 parking spaces for (passenger) vehicles. However, the additional truck parking area (not at the loading dock) would allow for more parking functionally related to building operations for staging of trucks on-site. It is noted that the paved width of Garrison Oak Drive does not accommodate on- street parking. 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 186

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 5 of 11 require that an area of open space be designated where parking could be constructed. The applicant’s written request seeks a 50% reduction outlining a request to reduce the due to expected operational needs of the facility based on function and staffing. The Request described a proposal for 104 parking spaces. See attached Waiver Request. Loading Spaces The requirement for loading spaces in the IPM-2 zone is based on building square footage of the specific uses. However, the number of required loading spaces for buildings in excess of 150,000 square feet is not specified and the applicant is to provide sufficient off-street loading berths for the operations. Planning Staff is to evaluate the sufficiency of the loading area proposed. This plan shows a loading dock with 33 truck dock bays on the south side of the building to satisfy this requirement. Additionally, there are a series of 24 parking spaces for truck/trailer parking. The loading dock area and truck parking area of the site is enclosed by fencing. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the number of parking spaces, six (6) bicycle parking spaces are required. V. BUILDING ARCHITECTURE The proposed Cold Storage Warehouse facility is a building with a tall one story section as warehousing with a corner section proposed as office area. The area adjacent to the loading dock area is shorter in height. The building is predominately clad in a vertical metal insulated siding panel system in a white color. There is some concern that the size of the building will result in large expanses of blank walls unless detailing in material or form is implemented. The building has a flat low sloping roof system. The office (corner) area includes a greater variety of exterior finishes including the use of aluminum windows systems, metal wall panels, and metal canopy. The facility must comply with the maximum height limitations of the IPM-2 zoning district. For this zoning district, the maximum height is limited to distance of the element from the nearest property line. The project has received a variance regarding this height vs. distance to property line requirement. The tallest portion of the building is proposed at 100 feet to accommodate the cold storage facility. The building placement is within the buildable area established by the front yard setback of 60 feet and side yard and rear yard setbacks of 40 feet. VI. SITE CONSIDERATIONS Lot Coverage The IPM-2 zone has a maximum lot coverage (impervious coverage) of 65%; however, the project has received a variance to allow up to 71% lot coverage. Currently, the overall GOTBC has a regional stormwater management system to account for 65% lot coverage. This project will need to manage that increase in lot coverage (the difference of 6%). Access The site has two access/egress points to Garrison Oak Drive via an entrance drive aisle located on the west end of the building and also from the east side of the building. This entrance drive fully encircles the building serving as a fire lane on the north elevation and west elevation and leading to the truck dock and parking on the south and a vehicle parking lot on the east. 187

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 6 of 11 Lighting The lighting internal to the site is shown along the entrance drives and within the parking lot and the loading/ truck parking areas. Dumpster For industrial and warehousing uses, two Dumpsters are required for 80,000 SF of gross floor area and one for each additional 40,000 SF or fraction thereof. For this project with a building of 165,000 S.F. the requirement is for five Dumpsters. The plan does not indicate a location serving as a Dumpster area. Sidewalk Sidewalk is required along all City street frontages and within the site in accordance with Zoning Ordinance, Article 5 §18. As part of the Garrison Oak Technical Park subdivision, a sidewalk was constructed along the frontage of Lot #8 with Garrison Oak Drive in accordance with the subdivision plan for the Park. In addition, sidewalks are shown connecting from the street frontage sidewalk into the site and for pedestrian access from parking areas to building entrances. Curbing Waiver Requested: Partial Elimination of Curbing The Zoning Ordinance, Article 6 §3.6(b) requires upright curbing for all parking areas and access drives. The plan does not include curbing for portions of the east edge of the vehicle parking lot and along the north side of the north fire lane and east side of the west fire lane. A written waiver request for the elimination of curbing in these areas was submitted to the Planning Office for consideration by the City Planner citing the reasons for the request related to drainage related to stormwater management. VII. SPECIAL FLOOD HAZARD AREAS Flood Hazard Area Portions of the subject property are within the Special Flood Hazard Area (100-year floodplain/ 1% chance of annual of flooding). This property is found on the FEMA FIRM Panels of Kent County Delaware Map Number 10001C0167H effective 5/5/2003 and 10001C0186J effective date July 7, 2014. A Letter of Map Revision, LOMR #17-03-0901P effective June 4, 2018, identifies the site areas within the 100-year floodplain (Zone AE). The LOMR to refine the floodplain location was completed as part of the development activities for the overall Garrison Oak Technical Park where there were drainage improvements to the nearby Little River/White Oak Tax Ditch system located within the flood plain 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. The select areas on the along the southern area of this tract of land where the Special Flood Hazard Area is found will remain as the natural area with tree plantings outside of the proposed development area. VIII. TREE PLANTING AND LANDSCAPE PLAN The tree planting requirement is based on the development area with one (1) tree required per 3000 SF of development area. For this project on Lot #8, the Development Area consisting of the entire property at 11.53 acres (~502,246.8 SF) requires 168 trees. The Landscape Plan shows a concept for a total of 172 trees as a mix of canopy trees and evergreen trees. A line of new 188

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 7 of 11 trees is proposed along the north frontage of the site along the entrance drive/ fire lane and then along the southern property line. Othe trees are found in parking lot islands and select areas near the building. The construction of Garrison Oak Drive included the planting of street trees; the existing street tree plantings will need to be evaluated to determine if any are displaced by the site entrance placement. IX. PERFORMANCE STANDARDS REVIEW Uses in the IPM-2 (Industrial Park Manufacturing zone – Technology Center) are subject to the performance standards summarized in Zoning Ordinance, Article 5 §8.1 and as more specifically outlined in Article 5 §8.5. 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. The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” are 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 Performance Standard Review Application is required to accompany this Plan submission for review and approval. The Applicant has submitted a Performance 189

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 8 of 11 Standard Review Application Letter indicating how the proposed development would restrict the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. VIII. 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. The applicant has submitted a Performance Standard Review Application Letter indicating how the proposed development would restrict the emission of dangerous and objectionable elements detailed in Zoning Ordinance, Article 5, Section 8.5. 2) Upright curbing must be provided around all parking areas and circulation drives unless a waiver is granted by the City Planner. A waiver request was submitted to the Planning Office for consideration. 3) The Planning Commission will consider the Waiver Request for a reduction in the parking requirement. Site redesign could be required depending on the outcome of this Waiver Request. 3) Sheet C-001, Cover Sheet and Overall Layout: a) General Notes: i) Note #3: Fully listing the FEMA FIRM Panels in addition to LOMR. ii) Note #17: Update statement to apply to this project proposal. iii) Note #18 and #19: Update with action taken on variances and include Application V- 23-05. iv) Update references to Department of Public Works and Department of Water & Wastewater. b) Update label for Lot #7 for ownership to be the City of Dover unless land transaction is complete. Also, on other sheets. c) The zoning of the adjacent parcel to the south (Parcel 17.00) is zoned ROS. Also, on other sheets. d) Site Data Column: i) Item #5: List SWPOZ (Source Water Protection Overlay Zone): Tier 2. ii) Item #13 and #14: Update zoning district name. IPM-2 (Industrial Park Manufacturing Zone – Business and Technology Center). iii) Item #12: List coverage as a percentage. iv) Item #19: Check provider for source of Electric. v) Complete Items #23 and #24. 4) Sheet C-101, Boundary & Existing Conditions Plan: a) Identify any street trees that will be impacted by the new entrance locations. 5) Sheet C-201 Preliminary Site & Utility Plan: a) Identify location of bicycle parking. b) Ensure fence location does not impact Special Flood Hazard Area (floodplain). 190

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 9 of 11 c) Identify distance from parking space to building and fire lane to building. d) Clarify outfall from stormwater management facility. e) Ensure accessible ramps are provided from handicapped spaces onto sidewalk system and also at points of intersection of sidewalk with parking lot. f) The proposed sign placements are the entrances are subject to separate Sign Permits. Check distance from property line for compliance. g) Identify use of concreate pad near east gate entrance. h) The Notes listed on the plan do not include the reference labels on the plan drawing. Plan Set will also need to include Sheet C-901 for the details. i) Identify the location and format of the Dumpsters. 6) Sheet L-101 Landscape Plan: a) Check tree placement for utility conflicts and relocate as necessary to maintain adequate separation distances. There appears to be conflicts with stormwater drainage piping. b) Show the existing street trees along Garrison Oak Drive and confirm if any trees need to be relocated/ replanted due to removal for the entrance construction. 7) 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. 8) The Site Plan set will need to be updated with any changes recommended or approvals including information on any waivers granted by the Planning Commission. 9) The proposed sign locations shown on this plan sheet are for informational purposes only and approval of this plan does not grant approval to this signage. Additional review is required to evaluate compliance with the Sign Regulations of the Zoning Ordinance; this freestanding monument style sign is limited in height and size and distance to property line based on the type of road the property fronts. 10) Any Sediment & 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 technical review requirements of other agencies. X. 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) Recommendation on Waiver Requests: a. Waiver Request for Elimination of Upright Curbing: Planning Staff grants approval of the elimination of upright curbing for select areas of the drive 191

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 10 of 11 aisle/fire lanes and the parking lot. In these areas, the plan is looking to implement certain approaches for stormwater management (sheet flow) at the site. In locations where curbing is to be removed at the head of a parking space, then a parking bumper should be implemented. b. Waiver Request -Reduction of Parking Requirement: Planning Staff recommends approval of the Waiver Request for the reduction in Parking Requirements based on the expected operations of the building. A majority of the building floor area is warehouse space where the number of employees is likely limited and will not generate parking needs. 2) Consideration of Performance Standards Review Application: Planning Staff has reviewed the Performance Standards Review Letter submitted and finds that it sufficiently demonstrates the intent to comply with the restrictions as provided in Zoning Ordinance, Article 5 Section 8.1 and 8.2 and that the intended use of the building as a warehouse with distribution activities is not likely to cause these objectionable elements. 3) Building Architecture: Planning Staff notes a potential concern with large expanses of blank walls on the proposed building. Please clarify the form of the wall surface and any detailing by material and/or color that may animate the wall. 4) Electric Vehicle: 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. Other agencies may recommend additional considerations to meet code objectives in accordance with their areas of expertise. Action on all considerations identified in this section is at the discretion of the Planning Commission. 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 Site Development Plan occur in the finalization of the Plan contact the Planning Office. Examples include reorientation of the complex/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 in regards to the plan. 3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all 192

Item 6. S-23-20 Cold Storage Warehouse at Garrison Oak Drive on Lot #8 Garrison Oak Business & Technology Center DAC Report of November 8, 2023 Page 11 of 11 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) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meeting and permits/licenses are required. 6) Construction may have an effect on the nearby properties and the travel lanes of Garrison Oak Drive. Any work requiring the closing or rerouting of visitors to other properties served by this road should be coordinated as to offer the least amount of inconvenience. 7) 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. 8) Noting the proposed building height, Planning Staff reminds the applicant of compliance needs with all applicable Federal Aviation Administration, State, and other associated aeronautics related height restrictions, obstruction marking and lighting standards for during construction and for the actual building. 9) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. It is recommended that the applicant discuss the sign regulation requirements with the Planning Staff prior to applying for a Sign Permit. 10) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 193

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOVEMBER 1, 2023 Revised APPLICATION: Cold Storage Warehouse at 451 Garrison Oak Drive FILE #: S-23-20 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. STREETS 1. Final site plan approval will not be granted until a letter of no objection, signed by DelDOT is submitted to our office. 2. Please add the following notes to the plans: a. Standard City of Dover sidewalk, as per chapter 98, article IV of the Dover Code of Ordinances, shall be required to be installed along the entire public street frontage of a property. Where frontage sidewalk exists but does not meet the standards of chapter 98, article IV, the sidewalk shall be re-laid to meet the standards. Sidewalk shall include barrier-free access ramping at points of intersection with street crossings and at other locations so as to afford reasonable barrier-free pedestrian movement and site access. b. In accordance to Appendix A, Article VI, Section B.3, all sidewalks shall ascend from the curbstone to the building line at the ratio of one-quarter of an inch to the foot. Nothing in this section shall be construed to affect any pavement previously laid by order of the city council, until it is taken up and relaid. 3. Prior to construction occurring, a right-of-way permit will need to be submitted to our office for review and approval. 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. 194

Item 6. Cold Storage Warehouse at 451 Garrison Oak Drive File #: S-23-20 November 1, 2023 Page 2 of 4 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 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. All water infrastructure on the property will be owned and maintained by the property owner. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The 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 195

Item 6. Cold Storage Warehouse at 451 Garrison Oak Drive File #: S-23-20 November 1, 2023 Page 3 of 4 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. All wastewater infrastructure on the property will be owned and maintained by the property owner. 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. 196

Item 6. Cold Storage Warehouse at 451 Garrison Oak Drive File #: S-23-20 November 1, 2023 Page 4 of 4 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 will be required to be paid prior to Certificate of Occupancy for this project. 4. Depending on the effluent flow, the downstream pump station must be evaluated by the developer / engineer to verify it can handle the additional effluent flow. 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 . 197

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: NOV 1, 2023 APPLICATION: Cold Storage warehouse at 451 Garrison Oak Drive FILE #: S-23-20 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. 198

Item 6. Cold Storage Warehouse at 451 Garrison Oak Drive File #: S-23-20 Nov 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. This project is outside of the service area for the City of Dover Electric Department. Please save this document for our general notes if the apartments will be transferred to the city electric department in the future. 2. 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 . 199

C F S-23-20 Item 6. 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: 11/01/23 D S O H V A E L APPLICATION: Cold Storage Warehouse at 451 Garrison Oak Dr R FILE #: S-23-20 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is 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. (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% 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. 200

Item 6. 5. Fire lanes shall cover 100% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) Where parking is located between the building and the 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. 2021 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3.5.2 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. 201

Item 6. 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. 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. 13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 14. 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) 15. 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) NFPA 1 18.5.2 detached one- and two-family dwellings, fire hydrants shall be provided for detached one- and two-family dwellings in accordance with both of the following: 1. the maximum distance to a fire hydrant from the closest point on the building shall not exceed 600 feet 2. the maximum distance between fire hydrants shall not exceed 800 feet. 202

Item 6. 18.5.3 buildings other than detached one- and two-family dwellings, fire hydrants shall be provided for buildings other than detached one- and two-family dwellings in accordance with both of the following 1. The maximum distance to a fire hydrant from the closet point on the building shall not exceed 400 feet 2. The maximum distance between fire hydrants shall not exceed 500 feet 16. 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. 17. 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. 18. 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 19. 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 203

Item 6. 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) 20. 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. 204

Item 6. 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) 21. 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) 22. 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) 23. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 24. 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. 25. 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) 205

Item 6. 26. 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, 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) 27. 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) 206

Item 6. 28. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 29. 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 207

Item 6. entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 30. 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 31. 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) 32. 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. 33. Project to be completed per approved Site Plan. 34. Full building and fire plan review is required. 35. Construction or renovations cannot be started until building plans are approved. 36. 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. 37. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 38. The following is City Ordinance, Appendix B-Zoning, Article 8 Enforcement and Penalties: Section 1. - Building permits. 208

Item 6. 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) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. This is a high rise and large area building, please see additional regulations listed below. 2. Please confirm that the parking is 15’ from the building as outlined in item #6 listed above (we will discuss the tractor trailer bays). 3. Please advise where the main entrance will be located. 4. Please refer to item # 14 listed above regarding access to the fenced areas. 5. Please refer to item # 15 listed above regarding fire hydrants. They need to be shown and need to be spaced no farther than 800’ apart. These cannot be on the same system as the fire suppression system. One needs to be within 300’ of the FDC. 6. No parking is allowed on Garrison Oak Drive due to the street width. 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. 209

Item 6. 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) 3.0 High Rise Building Fire Protection Features Required. 3.1 Fire Command Center 3.1.1 Every High 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. 3.1.2 The fire command center shall contain the following: 3.1.2.1 Voice alarm and p