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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, September 17, 2018 – 7:00 P.M. City Hall, City Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF MEETING of August 20, 2018 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, October 15, 2018 at 7:00pm in the City Council Chambers. 2) Update on City Council Actions 3) Department of Planning & Inspections Updates 4) Education Opportunities a. APA Delaware 2018 Regional Conference – Planning 360°: Economy, Environment and Health to be held October 23 and 24, 2018 at Atlantic Sands Hotel, Rehoboth Beach, DE OPENING REMARKS CONCERNING MEETING PROCEDURES3 OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a. S-16-18 Loockerman Way Redevelopment Master Plan: Two Mixed Use Buildings at 126 West Loockerman Street – Request for a one-year extension of the Planning Commission approval granted on September 19, 2016 of a Site Development Master Plan, Active Recreation Area Plan, and Architectural Review Certification to permit in two phases the construction of retail and restaurant space and a total of twenty (20) apartment units in two mixed use buildings on the existing site known as Loockerman Way. Phase 1 is to consist of the three story 24,960 S.F. west building (5,860 S.F. +/- retail and eight (8) apartment units) while Phase 2 is to consist of the four story 29,272 S.F. east building (6,913 S.F. +/- retail and twelve (12) apartment units). Reconfiguration of the existing plaza on site and construction of additional parking are also proposed. The property consists of 1.14 acres and is located on the south side of West Loockerman Street between South Governors Avenue and South State Street. The property is zoned C- 2 (Central Commercial Zone) and is subject to the H (Historic District zone). The owner of record is the Downtown Dover Partnership and the equitable owner is Loockerman Plaza, LLC. Property Address: 126 West Loockerman Street. Tax Parcel: ED-05-077.09- 04-06.00-000. Council Districts 4.

City of Dover Planning Commission Agenda Public Hearing: September 17, 2018 Page 2 of 3 b. S-16-19 Schutte Park Public Works Yard – Request for a one-year extension of the Planning Commission approval granted on September 19, 2016 of a Site Development Plan to permit construction of a maintenance building, a greenhouse, a salt barn, two truck wash stations, material storage, and other improvements at the City Department of Public Works Yard in Schutte Park. The total area of proposed new buildings is 7,855 S.F. The property consists of 104.33 acres and the project area consists of approximately 15.61 acres. The project site is located at the end of Electric Avenue inside Schutte Park. The property is zoned ROS (Recreational and Open Space Zone) and is subject to the SWPOZ-3 (Source Water Protection Overlay Zone- Tier 3 Excellent Recharge Area). The owner of record is the City of Dover. Property Address: 10 Electric Avenue. Tax Parcel: ED-05-076.00-01-06.00-000. Council District 2. NEW APPLICATIONS 1) Z-18-01 Lands of the Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue – Public Hearing and Review for Recommendation to City Council for rezoning of three parcels of land (133 and 135 Roosevelt Avenue share one parcel) totaling 0.83 +/- acres located on the north side of Roosevelt Avenue east of South DuPont Highway. The property area is zoned R-8 (One-Family Residence Zone). The proposed zoning is RG-2 (General Residence Zone). The owner of record is The Clyde Corporation. Property Addresses: 127, 129, 133 and 135 Roosevelt Avenue. Tax Parcels: ED-05-077.18-02-71.00-000, ED-05- 077.18-02-72.00-000, and ED-05-077.18-02-73.00-000. Council District 2. Ordinance #2018-08. For this zoning map amendment, the First Reading was completed on August 27, 2018 and Final Reading/Public Hearing is scheduled for October 8, 2018 before City Council. 2) AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road – Public Hearing and Review for Recommendation to City Council on an Annexation Request and Rezoning Request for a parcel of land totaling 1.37 acres +/- located at 179 Mifflin Road. The property is currently zoned RS-1 (Single Family Residential Zone) in Kent County. The proposed zoning is R-8 (One-Family Residence Zone). The property is located on the east side of Mifflin Road and south of but not adjacent to Woodmill Drive. The annexation category according to Dover’s 2008 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Low Density Residential. The owner of Steven E. Andrew. Property Address: 179 Mifflin Road. Tax Parcel: ED-00-076.10-01-32.00-000. Proposed Council District 1. Ordinance #2018-09. For this Annexation request, the First Reading was completed on August 27, 2018 and Final Reading/Public Hearing is scheduled for October 8, 2018 before City Council. 3) C-18-04 Little Kids Swagg Learning Center LLC at 631 Ridgley Street: Child Day Care Center – Public Hearing and Review of Conditional Use Application to permit conversion of 7,800 SF an existing one-story building into a Child Day Care Center to serve 100 children. The subject site contains one large warehouse-like facility; and the Child Day Care Center is proposed to occupy only a part of the structure. The property consists of a 28.5-acre parcel and is located on the north end of Ridgley Street, immediately west of the railroad tracks. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Clara Ridgley Properties, LLC and the applicant (lessee) is Shakiah Davis. Location Address: 631 Ridgley Street #5. Tax Parcel: ED-05-076.08-01-01.00-000. Council District 4.

City of Dover Planning Commission Agenda Public Hearing: September 17, 2018 Page 3 of 3 4) SB-18-03: Lands of Larlham Construction LLC at 35 & 39 North New Street – Public Hearing and Review of a Site Plan and Minor Subdivision Plan for two (2) parcels of land totaling 9,822 SF (0.22 acres) located at 35 & 39 North New Street. The applicant proposes to re-subdivide the land into three (3) parcels of 5,174 SF, 1,650 SF, and 2,988 SF. The applicant also proposes to build a townhouse unit on each new parcel and construct associated site improvements. The property is zoned RG-3 (Group Housing Zone). The property is located at the southeast corner of North New Street and Fulton Street. The owner of record is Larlham Construction, LLC. Property Addresses: 35 & 39 North New Street. Tax Parcels: ED-05-076.08-05-39.00-000 and ED-05-076.08-05-40.00-000. Council District 4. Waiver Request: Elimination of Rear Emergency Access Requirement. This application is the subject of Variance V-18-01, approved by the Board of Adjustment on March 21, 2018. The variance permits the applicant to go below the minimum lot size in the RG-3 zone for the 1,650 SF parcel and the minimum lot depth in the RG-3 zone for all three parcels. 5) SB-18-04 Minor Subdivision Plan Bay Road Office Park at 550 Bay Road – Public Hearing and Review of a Minor Subdivision Plan for two (2) parcels of land totaling 6.46 acres located at 550 Bay Road. The applicant proposes to combine the current Lots 1 and 2 into one single parcel, while subdividing the sections of Lot 1 currently planned to contain the two smaller office buildings into their own lots as the new Lot 2 and Lot 3. The new Lot 1 would be 4.16 +/- acres, Lot 2 would be 1.20 +/- acres, and Lot 3 would be 1.10 +/- acres. The site is the subject of Site Development Master Plan Application S-17-19 conditionally approved by the Planning Commission on July 17, 2017; Phase 1 of an Office Building located on Lot 1 is under construction per Administrative Site Plan S-17-30. The property is zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road and south of Miller Drive with access from Cowgill Street and Martin Street. The owner of record is Bay Road One, LLC. Property Addresses: 550 Bay Road and 540 and 544 Bay Road (The parcel to the rear of the site is located at the end of Cowgill Street and is not addressed.) Tax Parcels: ED-05-077.00-01-10.01-000 and ED-05-077.00-01-11.00-000. Council District 2. This application is also the subject of variance V-18-04, approved by the Board of Adjustment at their July 18, 2018 meeting. This variance permits the widths of the proposed Lots 2 and 3 to be less than the minimum required in the C-4 zone. NEW BUSINESS 1) Update on Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) 2) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities i. Update on Survey and Data Collection ii. Report on Open House Event b. Review of Preliminary Goals c. Review of Preliminary DRAFT Land Development Plan Map Series ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Agenda: September 7, 2018

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 The Regular Meeting of the City of Dover Planning Commission was held on Monday, August 20, 2018 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding. Members present were Mr. Holden, Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Dr. Jones, Ms. Maucher and Mr. Tolbert. Mrs. Welsh was absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Eddie Diaz, Mr. Julian Swierczek, Mr. Jason Lyon and Mrs. Kristen Mullaney. APPROVAL OF AGENDA Mrs. Melson-Williams stated that there are two applications that will not be heard by the Planning Commission tonight. The first one is the Site Development Master Plan application S- 18-07 Dover Mall Power Center Master Plan at 1365 North DuPont Highway. It will not be heard by the Planning Commission this evening. The applicant requested that the application be placed on hold and the Letter of Request is included in the packet. When the application is ready to be moved forward, its Public Hearing will be scheduled for a future Planning Commission meeting and it will be subject to all of the public notice requirements for that new meeting date. The second item is Minor Subdivision Plan SB-18-03 Lands of Larham Construction LLC at 35 and 39 North New Street. It will not be heard tonight due to some incomplete public notice requirements on their part. Likewise, this application and its Public Hearing will be rescheduled for a future Planning Commission meeting date and will be subject to public notice requirements for that new meeting date. For that project, they anticipate that it returns to the Planning Commission in September. Dr. Jones moved to approve the agenda excepting S-18-07 and SB-18-03 as they have been removed from consideration, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mrs. Welsh absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JULY 16, 2018 Mr. Holden moved to approve the Planning Commission Meeting minutes of July 16, 2018, seconded by Ms. Edwards and the motion was unanimously carried 8-0 with Mrs. Welsh absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, September 17, 2018 at 7:00pm in the City Council Chambers. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on July 23 & 24, 2018. Mr. Hugg stated that unfortunately one of our Code Enforcement Inspectors decided to undertake a different career. Ms. Betty Sanchez left us about one week ago. She is going back in a military service related capacity as an Airfield Manager in New Jersey. We will be recruiting for a Code Enforcement Inspector. 1

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the meeting. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a. S-16-17 Parking Lot at 623 Fulton Street – Request for one-year extension of the Planning Commission approval granted on September 19, 2016 of a Site Development Plan to replace an existing 11,600 S.F. +/- gravel parking lot with a thirty-four (34) space asphalt parking lot of the same area, with striping, parking bumpers, and lighting. The purpose of the parking lot is to provide parking for adjacent properties. The property consists of 0.33 acres and is located on the north side of Fulton Street east of Ridgely Street. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Harrington Commercial, LLC. Property Address: 623 Fulton Street. Tax Parcel: ED-05-076.08-01-13.00-000. Council District 4. Waiver Request Denied: Elimination of Sidewalk Requirement, Waiver Requests Approved: Partial Elimination of Curbing Requirement, Elimination of Bicycle Parking, and Elimination of Opaque Barrier (Fence Component). This application is associated with approved variance V-15-06 (granted March 18, 2015) to allow the property to use gravel surfacing for a specific time period. Representative: None Mrs. Melson-Williams stated that this is a request for an extension of Planning Commission approval. The project S-16-17 for a parking lot development at 623 Fulton Street was reviewed by the Planning Commission in September 2016. The Site Plan was granted conditional approval for a period of two years. They have by letter of August 10, 2018 requested an extension of one year of the Planning Commission approval. This is a project that would take an existing gravel parking lot and make it an asphalt paved parking lot. They are still working on the stormwater management plans for that activity with the Kent Conservation District and therefore are seeking an extension of the Planning Commission approval process. It would be a request for a one-year extension during which time they must finalize the Site Plan and commence construction under the appropriate permits. Mr. Holt questioned what the delay was on the parking lot? Responding to Mr. Holt, Mrs. Melson-Williams stated that she believes that they just haven’t been working through the plan approval process. It is an active parking lot with gravel. They went the Board of Adjustment to allow the gravel to be there for a period of five years. They are still within that five-year time frame but parking on gravel is not something that is looked upon fondly in the Code which is why they need to be a paved parking lot. She thinks that working out the details for stormwater management has been a little tricky. Mr. Holden questioned when their five-year Board of Adjustment waiver runs out? Responding to Mr. Holden, Mrs. Melson-Williams stated that their five years with the Board of Adjustment would expire in March 2020. 2

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Ms. Edwards moved to approve S-16-17 Parking Lot at 623 Fulton Street for a one-year extension, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mrs. Welsh absent. 2) MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities (Dover Code of Ordinances, Chapter 66 and Zoning Ordinance, Article 3, Section 8 and Article 12) – Continuation of the Review of Proposed Ordinance #2018-01 of Text Amendments to the Dover Code of Ordinances, Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; to Zoning Ordinance, Article 3, Section 8- Manufactured Housing (MH) Zone; and to Zoning Ordinance, Article 12- Definitions. The Public Hearing was held on March 19, 2018 and the Planning Commission tabled action. Then on April 16, 2018 the Planning Commission deferred action until June 2018 seeking additional information. At the June 18, 2018 Meeting, Staff provided an update report on the Ordinance work and the Planning Commission deferred action until their August meeting. Planning Staff is proposing Staff Substitute #1 for Proposed Ordinance #2018-01. Mr. Tolbert recused himself from discussion on this application. Mrs. Melson-Williams stated that Vice-Chairman Mr. Holden will take over the Chairman duties for this application. Mr. Diaz stated that this update to the Manufactured Housing Ordinance. It first came before the Commission in March 2018 and at that time, the Commission chose to defer action due to concerns that they had at the time as well as the public testimony that was heard. It was deferred in April and then also in June. Since March, Staff has been working diligently to address the different concerns. They have been doing a detailed review of the verbal and written testimony that was given at March meeting and they have a large number of proposed changes to the original Ordinance which are given in the report on what they are calling Staff Substitution Number #1. They are continuing through with the goal of ensuring that State Law is met, second that the section is better organized and third that processes for enforcement are clearer in the update than they are in the current version. Some of the changes include that they are clarifying that installation of manufactured homes have to be by installers and inspectors that are licensed by the State. They are rewriting the provisions on landscaping and utilities so that they are based on State requirements. To specifically address the Commissioner’s concerns about how homeowners and homeowners’ associations might handle their side of the maintenance contracts that can potentially be introduced by land lease communities, Staff looked at that and clarified it. They clarified that the manufactured home communities cannot impose any requirements that are already forbidden under State Law. They took a second look at the provisions for offices and loosened that requirement a bit when it comes to communities that are small enough that they might not necessarily be able to support an on-site office. They clarified the specific information that is being asked for with the “homeowner record” rather than the “lease record”. The intent there is to identify owners of manufactured homes within land lease communities rather than gather detailed information about their leases. They are also clarifying the process for suspending a license for a manufactured home community or a land lease community, if such a step would prove necessary it would follow the existing procedures that are in the Dover Code of Ordinances for all businesses within the City. Finally, they are updating several definitions to 3

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 better match the State definitions and they will be repeating those in both the Dover Code of Ordinances and the Zoning Ordinance. Because of the very extensive changes between the version that the Commission saw in March and the version that they are introducing today, what they are doing instead of introducing a Staff Amendment like they usually do when making changes to a proposed ordinance, is introducing a Staff Substitution. It’s basically a whole alternative text to the proposed ordinance. Dr. Jones stated that the idea of where there was a revision of language concerning the office, she still has a concern. She understands the revision, but she is still concerned about the statement that “there must be an office of some kind accessible to residents.” What does “accessible” mean in this instance? Responding to Dr. Jones, Mrs. Melson-Williams stated that those of you who are following along in the Staff Substitute #1, the discussion that talks about the office and office hours begins on Page 5, Line 182 in Section 66-4 that talks about land lease communities. Item B is regulations regarding reporting, record keeping and license requirements of land lease communities. Mr. Diaz stated that what would be required in this case is what’s required for all rental properties in the State of Delaware. The State regulation is Title 25 Chapter 55 that deals with the Landlord Tenant Code; the specific requirement is that there must be an office somewhere within the County; a place where the residents can go to deposit their rent checks and to communicate with the property owner. Dr. Jones stated that in the section that was just pointed out, under office hours was that qualifier put into the new language that it should be within the County? The reason that she is asking this question again is because there is a likelihood that many of the people who may be renters may not really have access to reliable transportation. So the language that Mr. Diaz just read, since it looks like we are trying to align ourselves with State Code, why are we not using the County language specifically? Responding to Dr. Jones, Mr. Diaz stated that he supposes that it wouldn’t hurt but they don’t necessarily need to replicate the County language in every single case. Dr. Jones stated that she understands that, but she is really concerned about the residents; people who may be owners of record. Maybe she is just getting a little bit worked up about that. Ms. Maucher questioned the source of the 20 hours or is that State Code or is that something that the City selected? If the City selected it, what was the basis for 20 hours? Responding to Ms. Maucher, Mr. Diaz that the City did select that and the basis for that was simply that 24 hours a day, 7 days a week was not acceptable to the manufactured home community owners that they communicated with, so they had to pick something less than that. They thought that 20 hours a week would be something that might work. Ms. Maucher questioned if they have heard feedback from those representatives about the 20- hour requirement? Responding to Ms. Maucher, Mr. Diaz stated that they said while they would prefer to not be required to have any hours but that would be acceptable to them. Ms. Maucher questioned if there was a similar requirement for other rental properties? There seems to be a consistency issue that she is concerned about. Responding to Ms. Maucher, Mr. 4

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Diaz stated that there is not a requirement for office hours for rental properties in general but then again there isn’t a requirement for offices in general on-site for rental properties because they come in all shapes and sizes. Mr. Hugg stated that in terms of the typical apartment complex, it’s customary that they do have a rental office with regular hours. He questioned if Dr. Jones had some language that would make her more comfortable with the notion of “accessible”. The compromise that they are trying to reach here is that for smaller parks and parks that are pretty much developed the need to have a physical office right in that facility might be a burden but on the other hand he would hate to see a facility in Dover where the “accessible” office was located in Milford. He thinks that Dr. Jones does raise a point that there is at least the recognition that it has to be “accessible” in the sense that the people who need to use them can reasonably expect to get there and transact their business. What they are trying to avoid here is having an office that is open for 20 hours a week but it’s in New Castle, but it’s in Maryland, or some place. They don’t have a definition of accessible, but they might be able to come up with something. Responding to Mr. Hugg, Dr. Jones stated that she is thinking that they could use a mile radius or within 25 miles. She does not want to suggest that the owners of record are not capable of taking care of business, but she thinks that the fact of the matter is that there are people who may live in manufactured housing who are doing all that they can do to make ends meet and may be late making a payment thus incurring an additional fee. She would like to see something that would give the owner of record 20 miles or in Kent County or something that they can sink some teeth in. Mr. Hugg stated that the examples given by Dr. Jones would pretty much be handled by saying Kent County. Mrs. Melson-Williams stated that this evening there are a variety of options. The Commission is making a recommendation to City Council with the motion. If you think that the items are better addressed by Staff Substitution #1 then the motion could be to recommend that for approval noting that Staff had worked to respond to the Commission inquiries and the public testimony that was received in regards to the original Ordinance that was proposed as Ordinance #2018-01. If the Commission has any additional changes, they can certainly include them as part of a recommendation to either Ordinance. If the Commission thinks that there are still outstanding items, they do have the ability to defer giving specific tasks for Staff to take action on. At this point, it’s been waiting a good bit of time and Staff has done significant work on it so hopefully there is certainly enough information for the Commission to make a decision this evening. Mr. Holden stated that there was some discretion over the office hours and specifically whether some of those hours were going to be outside of the typically 8-5 hours. Was there a review or discussion on whether some of those hours should be before 8AM or after 5PM? Responding to Mr. Holden, Mr. Diaz stated that what they have settled on for now is that the 20 hours cannot be between the hours of midnight and 7AM. Between 7-8AM and between 5PM-midnight would work but not in the middle of the night. Mr. Holden stated that it doesn’t necessarily require the office hours to be outside of the 8AM- 5PM which he thinks was the intent of a lot of the discussion. Responding to Mr. Holden, Mr. Diaz stated no it does not. 5

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Mr. Holden stated that the other item that he wanted to bring up was related to the concern over the ability of the Homeowner’s Association or owners to maintain roads, the rights-of-way of community area landscaping and this version seems to allow the ability of the City to fine those homeowners for what typically is the community owner’s responsibility. The community owner has the resources and knowledge and how to maintain roadways specifically. He thinks back to the times where he was renting different places he certainly didn’t have the knowledge to understand what he was getting into in terms of signing an agreement much less how to take care of a paved community road. He thinks that there was some desire to ensure that the community owners were charging rent sufficient to keep that responsibility within their footprint or even if they had side agreements to place the fining and responsibility to ensure that got done within the community owner. Responding to Mr. Holden, Mr. Diaz stated that is another place where they are again relying on the State law while trying not to repeat every word. They allow maintenance responsibilities to be delegated through an appropriate legal contract such as a lease agreement or an agreement with the Homeowner’s Association, but the State actually regulates what the content of lease agreements can be and it does not allow land owners to delegate maintenance of the private roadways. It’s very limited in what maintenance of landscaping can be delegated and so forth. Mr. Holden stated that Section 66-4 to say that 1-4 (items i-iv) which includes the private roads within the community, that responsibility can be delegated to the homeowner via a rental agreement. It sounds like Mr. Diaz said that State law doesn’t allow that. Responding to Mr. Holden, Mr. Diaz stated that our Ordinance is broad in saying that the responsibilities in general can be delegated but the State would still not allow specific things to be delegated. Mr. Holden stated that the two sound to be in direct conflict with each other. Is Item i private road access not the community roads? Responding to Mr. Holden, Mr. Diaz stated that it is. Mr. Holden stated that it seems like we are saying that you can delegate the responsibility of private roads through a rental agreement, but you are saying that State Law doesn’t allow us to do that. Responding to Mr. Holden, Mr. Diaz stated that if you think that is an area where more clarification is needed then Staff can look at that. It says maintenance responsibilities detailed in Sections i through iv may be delegated. That is an area where State Code would trump City Code but perhaps it would be better if City Code didn’t say it in the first place. Mr. Holden stated that his concern is that some rental homeowners don’t necessarily have the thought to do that research. We need to be cognizant of both the property owners and their ability to run businesses and communities but also be clear. If a homeowner was to go back to City Code, it seems like they can get fined for the maintenance requirement of a road for a community that they just moved into six months ago. That is a big burden and a fair amount of work to go through. Personally, he has concerns over that. He thinks their goal was to have a balanced Text Amendment that reflected the rights of both sides but didn’t unfairly burden the homeowners or Homeowner’s Associations with tasks that they really aren’t very good at. Ms. Maucher stated that under the landscaping portion, it seems to be pretty descriptive with trees over 25 feet and a diameter of 6 inches. What is the source of that? Responding to Ms. 6

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Maucher, Mr. Diaz stated that was from the State Code. They originally had trees planted by the land lease community owner which seems to make more sense, but the State requirement is actually based on size rather than who originally planted it. Ms. Maucher questioned if the State would ask a property owner to remove a tree over twenty- five feet tall? Responding to Ms. Maucher, Mr. Diaz stated that the State would require the land lease community owner to take care of any trees over twenty-five feet tall. The Code states shall maintain, care for and if necessary remove. Mr. Holden questioned if there is language in the State Code or has there been push back from any of the communities? It seems reasonable that a lease holder should be responsible for the footprint in which they lease. That is that they need to maintain it in the state that they leased it originally and that the community owner should be responsible for community spaces and streets and such. Does that contravene State Code or does that contravene any of the guidance that you have gotten from some of the groups that you surveyed? Responding to Mr. Holden, Mr. Diaz stated no, there is no language in the State Code that deals with the necessity on the homeowner’s part to maintain a specific delineated area of land around their home. Because it is not restricted, it is something that the land lease community owner could introduce if they wanted but ultimately the homeowner owns the home and is just renting the site. It is also possible for the land lease community owner to maintain everything expect the homes themselves. Mr. Holden questioned if Staff was looking for a motion from the Commission towards Council or a motion from the Commission for specific changes? Responding to Mr. Holden, Mrs. Melson-Williams stated that the Commission could do both. If you feel that there are particular changes, you could certainly identify those in a motion. If you think they are minor enough that Staff can work that language and move that forward along with a full recommendation on the Ordinance itself, you can do that. Basically, they become Planning Commission amendments to the Ordinance. If you feel comfortable enough with Staff putting those in language format, they can certainly do that if you clearly identify the items of concern. Two items have been noted at this point; the office location requirement of being in Kent County and making the language about the maintenance a little clearer and perhaps not including the reference to the above items which causes confusion about the road issue and who can care for that. Mr. Holden stated that the other piece that they talked about was some of those 20 hours being outside of typical Monday to Friday work day. It seems that they could look to differentiate the items or footprint that a homeowner could be made responsible for. If you rent a car you are responsible for the care of the car and you are expected to be able to drive a car and adequately care for it. For a homeowner to maintain the road or common areas is not the footprint in which they lease. Mr. Roach stated that at the March 2018 meeting, Mr. Michael Morton had a lot of concerns in regard to what we were trying to do. Did Staff have any further communication with him? Is there anything that he had to say? Did Staff work collaboratively with him to make sure that the concerns and issues that he had about this actual Code being a contradiction to the State Housing Authority Law? Responding to Mr. Roach, Mr. Diaz stated that they did have contact with Mr. 7

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Morton and his feedback was very valuable to Staff. A number of the changes that they made with this Staff Substitution were based on his comments. They showed the comments to him at a meeting afterwards and he went through the proposed changes with Staff and gave them some further feedback. The biggest outstanding issue for him was the issue of under what circumstances it’s possible to revoke a land lease community owner’s Business License and I think the changes that they made there by making it clear that it’s the same process that would be used for other businesses in the City, should satisfy that concern. Ms. Maucher questioned if you revoke a Business License what happens? Responding to Ms. Maucher, Mr. Diaz stated that if you revoke a License then the business owner has a period of time in which they will need to fix all of the Code Enforcement issues that led to the shut down before they can open up and do business again. Ms. Maucher questioned if there had to be a notice provision to residents of the property? She is still not understanding if you do a revocation process how that impacts the people who own the homes and how they can address that. Responding to Ms. Maucher, Mr. Diaz stated the revocation of the Business License only means that the land lease community cannot conduct business. The homeowner’s ownership of the home is not affected. While the business is not operating, they can’t collect rent and they are not required to perform maintenance, but it would be in their interest to fix the problems as soon as possible so they can get back in business. Dr. Jones stated that the owner must have a license; is it an annual license? Responding to Dr. Jones, Mr. Diaz stated yes, the Business License to run the manufactured home park or the land lease community is an annual license similar to the business licenses for other businesses in the City. Dr. Jones questioned if the $45.00 annual fee was consistent with like businesses? Responding to Dr. Jones, Mr. Diaz stated she is looking at the license fee for the manufactured home owners. That is not a Business License that is a separate kind of license specific to manufactured homes and it is there as a substitute for the taxes that they are not paying. Ms. Maucher questioned if manufactured homeowners pay that fee currently? Responding to Ms. Maucher, Mr. Diaz stated yes. Ms. Maucher questioned if it is paid to the community owner as part of the land rent? Responding to Ms. Maucher, Mr. Diaz stated no, it is not part of that. Ms. Maucher questioned what happens if someone does not pay that fee? Responding to Ms. Maucher, Mr. Diaz stated if a manufactured home owner isn’t paying their annual license fees then they are not entitled to City utilities. Ms. Maucher questioned if the City Solicitor has reviewed this thoroughly and is confident that if it was appealed it would withstand appeal? Responding to Ms. Maucher, Mr. Diaz stated yes. Mr. Holden stated that it seems like the Commission has highlighted a few different things and Mrs. Melson-Williams has highlighted those back for us: the proximity of the office, suggestion 8

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 for Kent County, a concern over should some specific number of those twenty hours be made available outside of 8AM-5PM and whether they are going to support the burden of landscaping, utilities and roadways to be placed on the owner through a rental agreement. Ms. Maucher stated that she would also like to see some clarification about the revocation of the Business License and what those implications are. If the owner is responsible for providing certain services and he loses his license what happens to the people in the community that rely on these services? Responding to Ms. Maucher, Mr. Diaz stated that there is disagreement on what exactly would happen in the unlikely event that a manufactured home community would shut down. The side of the manufactured home owners says that it would be an opportunity to incorporate as an independent community that owns the land as well as the houses. The side of the manufactured home park owners and land lease community owners says that would be an occasion necessitating the eviction of everybody who lives there. It is not something that has ever happened in Dover. Ms. Maucher questioned if it has ever happened in Delaware? Responding to Ms. Maucher, Mr. Diaz stated not to his knowledge. Mr. Holden asked what Ms. Maucher would suggest including of? He doesn’t know how they would include within the text amendment for the benefit of the property owner or anyone interested, what the legal steps would be if a land lease Business License was revoked. Responding to Mr. Holden, Ms. Maucher stated that in the public utility realm, if the person responsible for the bill in a tenant situation doesn’t pay it, notice has to be given to the tenants so she thinks that some notice needs to be given to the people paying the lot rent so that they can withhold rents or take action to try to force the correction of whatever is causing the potential revocation. Mrs. Melson-Williams stated that the revocation for the Business License is the license for a “land lease community operator”. It is one of our business license categories and the process to revoke the Business License has a process that is laid out in Dover Code already and that is the refence to the Chapter 26 – Businesses. She believes that there is a hearing type process to that so during that hearing process you might get the details of what steps would need to be taken in order to avoid revocation or given a certain time frame to complete certain things in order to avoid revocation. The process for revoking Business Licenses is already laid out in Code. It may be somewhat unusual because of the type of license that we are talking about for a land lease community operator. It’s not like your typical retail store or other entities like that. Mr. Holden moved to recommend a conditional approval (of Staff Substitute #1) to City Council for MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities (Dover Code of Ordinances, Chapter 66 and Zoning Ordinance, Article 3, Section 8 and Article 12) contingent upon several items being amended. The first of which the land lease community operator (office) be located in Kent County. Second, that at least five hours of those twenty hours be made available outside of the typical Monday to Friday 8AM-5PM time line. Third, if a revocation process is instituted that the lease holders are notified. Fourth, the delegation of responsibility be limited to the specific footprint lease by the homeowner but not to include the community roads or the community open space or community utilities. It supports the property 9

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 owner to create a rent structure that is supportive of maintaining the community and it leaves the responsibility within the hands of someone who is more likely capable of those responsibilities. The motion was seconded by Dr. Jones and it the motion was carried 7-0 with Mrs. Welsh absent and Mr. Tolbert recused. Mr. Holden voting yes; for the reasons discussed. Mr. Roach voting yes; for the reasons previously stated. Ms. Edwards voting yes; for the reasons previously stated. Mr. Holt voting yes; for the reasons given. Mr. Baldwin voting yes; for the reasons stated. Dr. Jones voting yes; for the reasons stated. Ms. Maucher voting yes; for the reasons stated. NEW BUSINESS 1) Nomination and Election of Officers (Chairman and Vice-Chairman) Mrs. Melson-Williams stated that Staff provided the Commissioners with a copy of their By- laws. In those By-laws, it outlines the procedure for the election of officers. It is an annual event that is typically held in July of each year. This year it was delayed a month so that they could make sure that they had a full appointment of Commission members. It talks about a voting process that allows the candidate to serve as the Chairman or Vice Chairman for a period of one year. Section 6.4 states that the Chairman and Vice Chairman shall be limited to three consecutive one year terms. A former Chairman or Vice Chairman who has held three consecutive terms in such a position may be elected to that position after vacating the position for a period of one year. Mr. Tolbert was first elected to the Chairman position in July 2015 so he is just now completing year three. Per the By-laws, he would not be eligible to return as the Chairman until he was not Chairman for one year. The election process is by secret ballot. They have in the past, when there has only been one candidate for a particular seat, suspended that rule. She does have pen and paper should the Commission need that this evening. Dr. Jones questioned if Colonel Welsh has been gone for three years? Responding to Dr. Jones, Mrs. Melson-Williams stated that she believes so. Colonel Welsh’s term ended in June 2017. We are at three years for Mr. Tolbert serving as Chairman. He was elected as Chairman in July 2015. Dr. Jones questioned what Colonel Welsh’s position? Responding to Dr. Jones, Mrs. Melson- Williams stated that she believes that he served on the Commission for a number of years. She doesn’t know if he served as Chairman through his entire term. Colonel Welsh was elected to the Chairman position in July 2014 and then served through 2015. He may have also had the situation of three years. Mrs. Melson-Williams stated that Mr. Holden has been Vice Chairman for two years so he would be eligible for another term as Vice Chairman or he would certainly be eligible for the position as Chairman as well. The only one who has a limitation as per the By-laws is Mr. Tolbert. However, the By-laws can be amended and the By-laws are amended by a majority vote of the entire membership of the Commission. Mr. Tolbert questioned if Mrs. Welsh was Vice-Chairman? Responding to Mr. Tolbert, Mrs. Melson-Williams stated that yes; she was Vice-Chairman for a period of one year. Dr. Jones questioned how to handle the amendment to the By-laws is handled? Responding to 10

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Dr. Jones, Mrs. Melson-Williams stated that an amendment to the By-laws would be through a motion and all it states is that the By-laws may be amended at any time by a majority vote of the entire membership of the Commission. You would have to be very specific in what your amendment is and then a vote to adopt that amendment. Ms. Maucher questioned if the By-laws are amended does Mr. Tolbert wish to continue as Chairman? Responding to Ms. Maucher, Mr. Tolbert stated that the task is not difficult and the more that you do it the more you do the more you get used to it. He has no problem serving as the Chairman. Dr. Jones moved that the By-laws of the Planning Commission be amended to state that the term of the Chairman be extended by one year, seconded by Mr. Holden. Mrs. Melson-Williams questioned if that meant the Chairman could serve four consecutive terms in lieu of the three consecutive terms that is currently stated in the By-laws? Responding to Mrs. Melson-Williams, Dr. Jones stated yes. The motion was carried 7-1 by roll call vote with Mrs. Welsh absent. Mr. Roach stated that the only reason that he voted no for the motion was because if they were going to make that amendment he wanted it to be applicable to the Chairman and the Vice Chairman. Mr. Roach moved that the By-laws of the Planning Commission be amended to state that the term of Vice-Chairman also be at a maximum of a four year term, seconded by Dr. Jones and the motion was carried 8-0 by roll call vote with Mrs. Welsh absent. Mr. Holden moved to nominate Mr. Tolbert as Chairman and close nominations for Chairman, seconded by Dr. Jones and the motion was carried 8-0 by roll call vote with Mrs. Welsh absent. Mr. Roach moved to nominate Mr. Holden as Vice Chairman, seconded by Ms. Maucher and the motion was carried 8-0 by roll call vote with Mrs. Welsh absent. 2) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) Mrs. Melson-Williams stated that Staff is still trying to finalize this out from the last annual meeting which had to occur in December 2017 because of timing and attendance. Currently, the two members of the Planning Commission that are appointed to that group are Mrs. Welsh and Mr. Holden and then the third member is the Mayor or the Mayor’s designee. You may want to check to see if those Planning Commission members serving on the Committee wish to continue in that capacity. Mr. Holden stated that he cannot speak for Mrs. Welsh but he would be happy to remain if so desired. He doesn’t know that they have ever truly been called upon but he would be ready if needed. 11

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 Mrs. Melson-Williams stated that there are to be two design professionals appointed to that Committee as well. In the past, Mrs. Sarah Kieffer and Dr. R.G. Chandler have been appointed to that Subcommittee. Staff has been working to see if they were interested in continuing but they have not reconfirmed that at this point. It actually suggests the appointment of alternates in that design professional realm so if the Commission has any other suggestions then Staff can explore those as well. Mr. Tolbert stated that at this point they shouldn’t do anything with the Architectural Review Sub- committee and they should wait until the next meeting. Responding to Mr. Tolbert, Mrs. Melson- Williams stated that if the Commission is interested in having those two individuals participate again, Staff can certainly pursue that and get an answer for the September timeframe. Mr. Roach stated that the Commission has been waiting a long time to hear back from these individuals. Are there any other individuals that Staff can reach out to because every month is the same update? They have never used the Sub-committee but he would hate for there to be a time that they don’t have anybody appointed to those seats. Responding to Mr. Roach, Mrs. Melson- Williams stated that they have not thought about any other individuals, but they could certainly take suggestions and then reach out to them. Mr. Holt questioned if there were any special requirements needed to serve on that Sub-committee? Responding to Mr. Holt, Mrs. Melson-Williams stated that the text of the Code states that there should be two design professionals with experience in construction. That certainly doesn’t limit it to them being architects or even engineers. It’s fairly broad in that statement of design professionals with experience in construction. Mr. Holt said that it could be a local builder. Responding to Mr. Holt, Mrs. Melson-Williams stated that she thinks that would certainly qualify. In the past, there was an individual that was in Building Facilities Management for the hospital. They have had architects on the Sub-Committee off and on. Certainly, the two individuals that have been discussed tonight, Ms. Keiffer is the Planning Director at Kent County and Dr. Chandler was an instructor at Del Tech. There is really a variety of people that could potentially qualify as design professionals with experience in construction. Mr. Tolbert questioned if the people that Staff were going to reach out to meet the qualifications? Responding to Mr. Tolbert, Mrs. Melson-Williams stated yes they do. Mr. Holden recommended that Staff seeks Ms. Keiffer and Dr. Chandler’s concurrence if they would be willing to remain on the Sub-Committee. They are both locally invested and knowledgeable. Ms. Maucher questioned if the problem was that they have just not been responsive? Responding to Ms. Maucher, Mrs. Melson-Williams stated that she thinks that is some of it. Shortly after December, she did correspond with Dr. Chandler about him staying on the Sub-Committee but she never heard back. Mr. Hugg may have had some early conversations with Ms. Keiffer but she has been a little busy because the County is doing their Comprehensive Plan update too. She thinks that it might just be that they need to get them to say yes or no so that they can continue to move 12

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 forward. Ms. Maucher questioned if they could ask for that response by a certain date and if we don’t hear back then reach out to someone else? Responding to Ms. Maucher, Mrs. Melson-Williams stated that she thinks that is reasonable. Ms. Maucher questioned if there was a professional association of these types of people that Staff could reach out to in Delaware? Responding to Ms. Maucher, Mrs. Melson-Williams stated yes there would be, in a number of fields like engineering, architects, landscape architects or the home builders association. There are a number of different interest groups that they could potentially reach out to. This Sub-Committee doesn’t meet often. She can think of at least one or two times that it has met during the time that she has been with the City. Mr. Holden stated that Staff should make attempts in the next month and if we don’t find success by the next meeting that they attempt to come back with some alternate recommendations. 3) Project for Dover’s 2019 Comprehensive Plan a. Open House Event for Comprehensive Plan: Thursday, August 23, 2018 from 3:00pm to 7:00pm at the Dover Public Library, Meeting Rooms A & B. Presentations at 3:30pm and 5:30pm. Mrs. Melson-Williams stated that it is a very busy week for the Planning Office. On Thursday, they are having an Open House Event on the Comprehensive Plan. The event begins at 3PM and ends at 7PM at the Dover Public Library in Meeting Rooms A and B on the first floor. There will be a series of things that you can come and look around the room and comment on. They will do a formal presentation at two points during that timeframe: one at 3:30PM and one at 5:30PM to present some of the information that they have from the survey. They are still in the data gathering phase but are moving into writing of chapters at this point in time. b. Update on Project Activities i. Update on Survey and Data Collection Mrs. Melson-Williams stated that there was an online survey that was also available in hard copy format. It initially began in mid-June and closed the last day of July. On the desks this evening, Staff gave the Commission a tidbit about the survey. They gave the responses about what people like about Dover and the dislikes about Dover. Attached to that is the page from the 2008 Comprehensive Plan that talks about the likes and dislikes. Mr. Swierczek stated that they had 511 respondents of the survey which is phenomenal. They come from all different age groups and expectedly 18-24 years old was the least but otherwise they had a very good collection of all different kinds of people from Dover. 98% were homeowners within Dover. Some of the issues that they talked to people about were discussing efforts that the City is looking into and the new parking garage and City Hall Downtown. 38% of respondents were strongly in favor and 28% were in favor; so, generally it was a favorable response. They asked about certain studies like redeveloping the west end of Loockerman Street; 39% were strongly in favor and 30% were in favor of that. When asked if they believed that 13

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 current efforts of the City and other partners have been successful in redeveloping the City: 42% were yes and 33% were no. A few of the areas that they has asked respondents about in particular were types of housing types to go in, whether or not they thought that there was adequate supplies of housing, or that they thought that the housing provided was desirable. They gave people the option of different housing types and to rank them from 5 being the most strongly preferred to 1 being less so. The most desired was a single family detached home and the least was a manufactured home. They asked about if the community felt that the Library was addressing the needs of the community today and 33% were strongly in agreement with that and 32% agreed. They asked people about new residential developments and if they were well planned, well-built and if the design aesthetics were to their liking. They put utilities and services as their favorite in new developments. For the overall design of the developments, they had an interesting mix on this. Only 5% strongly agreed that it was desirable and 31% desirable. 47% stated no opinion. Staff was hoping that it would be a little more in favor for this one; 15% said no and 3% were strongly saying no. Commercial development was somewhat similar. It wasn’t very strongly in favor; there were a lot of mixed responses. When asked about the growth rate of the City since 2008, there was a pretty even split four ways between too fast, too slow, just right and no opinion. ii. Update on Evaluation of 2008 Goals and Recommendations Mrs. Melson-Williams stated that there is one chart that shows the goals and the rating that each respondent gave and then they did an average. The average is based on having nine responses. In some cases, people skipped things or they didn’t receive a rating. In addition, a number of the Commissioners also wrote writing comments in looking at these goals and recommendations so Staff will be looking at those for information to help them as well. There isn’t something striking one way or another but Staff will continue to sort through that. These goals and recommendations are really what they are using as the starting point for developing what will be the goals and recommendation series for the 2019 Comprehensive Plan. Obviously, there are some goals that will need to be tweaked or will be removed all together like the one that pertains to building a new library or recommendations such as in the Transportation Chapter that talked about the West Dover Connector which is now open and is the POW/MIA Parkway. Things like that will go away and new things will come in their place. Included in the packet was just the pull out of those goals along with the other table that is another starting point from the 2008 Comprehensive Plan and that is the Land Development Plan Goals. Staff has started going through the process to look at the Land Development Plan Map. This is the most used map in the Comprehensive Plan. It plays into any future requests for rezoning. Planning Staff has started to go through this map to look to see that the colors are in the right place or where they think they may need to be changing some of the colors based on how things have shaped up over the last ten years. If the Commissioners have time this evening, Staff did bring the paper copies of the map and they would welcome comments. They can do a hands on activity with the Commission to gather any thoughts or items that the Commission may have about the Comprehensive Plan or this map. c. Discussion of Key Topics Mr. Hugg stated that Mrs. Melson-Williams has pretty much covered the universe in a fairly 14

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 quick manner. He would urge the Commission to come out on Thursday and to bring your friends, neighbors and family or anyone who wants to have input into the future Comprehensive Plan for the City of Dover. There are a lot of areas that they are taking a look at. A number of months ago, the 2008 Comprehensive Plan was a very good plan but this is ten years later. The City has achieved some of its objectives and recommendations and some of them have had little or no success but that doesn’t mean that fundamentally it isn’t a good plan. The Survey kind of documented a lot of what they intuitively felt were issues for the City. One interesting observation is on the survey question that dealt with issues Downtown. One of the topics that they would constantly hear as an issue ended up being number 6 out of 10. In spite of the fact that people talked about it, they didn’t rank it as high. The concerns of Downtown are things that they know about like crime, vacant buildings and building maintenance. They are data mining the survey and trying to read between the lines to see what people are trying to tell them. 511 responses in his world are absolutely amazing and it is a good cross section and he is really glad for that input. Mr. Tolbert questioned what the red area at the top of the map to the right was? Responding to Mr. Tolbert, Mr. Hugg stated that was Dover Downs. Mrs. Melson-Williams stated that was the area that was annexed into the City to bring the festival grounds that are owned by Dover International Speedway into one jurisdiction. It was an annexation and it is an area that is zoned RC (Recreational and Commercial Zone). From a Land Development Plan perspective, that’s why it gets the red color just like all of the other commercial areas like the Route 13 Corridor and the Route 8 Corridor. Mr. Tolbert stated that Dover Downs has sold the casino and hotel. Does that make any kind of difference at this point or no? Responding to Mr. Tolbert, Mr. Hugg stated that he doesn’t believe that it makes a difference. These kinds of corporate restructurings happen pretty frequently; they happen with shopping centers all of the time. He thinks the bigger concern would be if they start to feel that Dover Downs itself were to be diminished or changed. He is not sure that the ownership is necessarily a concern at this point. One of the discussions that they had at the Staff level is that the right land use designation for some of those properties that are clearly supportive of outdoor recreation and music festivals but not really “commercial” in the sense that we tend to think of commercial. Mr. Holt stated that he thinks he read in the paper that the people who put on the music festival, Red Frog, have been changed and that it has been sold to a different group. Responding to Mr. Holt, Mr. Hugg stated that was correct, he doesn’t know if that will change the fundamental land use that we are dealing with but there will be a different operator for the festival next year. Mr. Tolbert stated that he lost Acme Market and it looks like we are losing Pizza Hut. Responding to Mr. Tolbert, Mr. Hugg stated that he doesn’t know anything about the Pizza Hut but that is something that they can follow up on. The Acme is one of those sorting out that is taking place in the grocery and food business. There is the number 1 or number 2 grocer behind Walmart who is seriously interested in Dover and has looked at that site and a couple of others. He thinks what we will see is some changes in the way food sales and food services are provided over the next ten years. He doesn’t think they will actually see those things go away but we will 15

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2018 see them in different sizes and different kinds of configurations. Mr. Hugg stated that one of the areas that they are really looking hard at is an area near the Dover Air Force Base is a collection of properties that are mostly zoned for manufacturing kinds of uses. They are working closely with the County on both the future use of the civilian air terminal and the County Aero Park. The white space just above it is an area that has been identified by the County as a future employment zone as part of their Comprehensive Plan. They are having a lot of discussions with the County about the future of that whole area near the Air Base. Ms. Maucher questioned if the “Unlock the Block” for Downtown Dover met with any success? Have any of those vacant buildings been leased out? Responding to Ms. Maucher, Mr. Hugg stated that he is pleased to announce that a lease has been signed and a project is coming forth at the building that is on the northeast corner of Loockerman Street and Governors Avenue. There is a lady who is opening a bakery and sweets shop. She is an “Unlock the Block” candidate and has a number of years of experience in the business, so she is a definite. The building across the street is under contract to a person that originally came through “Unlock the Block”. They are encouraged by what is happening. There are some local prospects for a couple of other buildings Downtown. He thinks that within the next few months they will see at least four new businesses Downtown. Ms. Maucher questioned if there was anything planned for the Priscilla Block Building where the old Loockerman Exchange was? Responding to Ms. Maucher, Mr. Hugg stated yes, and he can’t tell her very much about it. There is a professional organization that is involved in lobbying on behalf of a certain class of businesses that would like to relocate from Wilmington to Dover and they would like to take a portion of that building. Staff is having active discussions with them. Ms. Maucher questioned if there will be another event besides Thursday’s event? Responding to Ms. Maucher, Mrs. Melson-Williams stated that Thursday is an Open House Event just to kind of check in and see where we are. They can certainly continuously take comment as they are moving into the drafting stage. It’s likely that their next full force planning public hearing outreach will be once there is a draft that has been issued. Now is the time to put those thoughts in our head as we are working to develop the goals and recommendations and the map series for the document. Meeting adjourned at 8:47 PM. Sincerely, Kristen Mullaney Secretary 16

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PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the Planning Commission September 17, 2018 File Number: AX-18-02 Ordinance Number: 2018-09 Applicant: Steven E. Andrew Owner of Record: Steven E. Andrew Property Address: 179 Mifflin Road Tax Parcel ID #: ED-00-076.10-01-32.00-000 Lot Size: 1.37 acres Present Zoning: RS-1 (Single Family Residential Zone) Proposed Zoning: R-8 (One Family Residence Zone) Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Low Density Residential Land Use Designation: Present Use: Single Family Detached Dwelling Proposed Use: Single Family Detached Dwelling (same) Utility Availability: Water & Sanitary Sewer: Water and sanitary sewer service is available within Mifflin Road. The property owner would be responsible for the costs associated with tapping the water and sanitary sewer mains extending services to the property, payment of impact fees, and obtaining permits associated with such improvements. Electric: The property is not currently served by City of Dover Electric; it appears to be served by overhead line at the rear of the properties by another service provider. The property owner

AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road DAC Report of September 5, 2018 Page 2 of 6 would be responsible for the costs and installation of certain equipment to the City’s specifications in order to extend City Electric Service to the property. Summary This application is for the annexation and rezoning of a parcel of land totaling 1.37 acres +/- located at 179 Mifflin Road. The property is currently zoned RS-1 (Single Family Residential Zone) in Kent County. The proposed zoning is R-8 (One-Family Residence Zone). The property is located on the east side of Mifflin Road and south of but not adjacent to Woodmill Drive. Tax Parcel: ED-00-076.10-01-32.00-000. Existing Property The property is located on the east side of Mifflin Road and south of but not adjacent to Woodmill Drive. The property includes an existing one-story building constructed as a residence. The property is currently RS-1 (Single Family Residential District) in Kent County. It is the only parcel on the east side of Mifflin Road that is not within the City. There is no designated curbed entrance to the site and no sidewalk system along the street frontage. Surrounding Land Uses Immediately surrounding uses on this east side of Mifflin Road are other one-family residences on properties zoned R-8 (One Family Residence Zone). To the west, across Mifflin Road are additional one-family residences; however, several of the properties are not within the City. This property is south of the roundabout intersection of Mifflin Road with Woodmill Drive. To the east is the Woodmill Apartment complex zoned RG-2 (General Residence Zone). Comprehensive Plan In the 2008 Comprehensive Plan (as amended), the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendation that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, pages 170-171 note that the Zoning Review may include: • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan.

AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road DAC Report of September 5, 2018 Page 3 of 6 Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Low Density Residential. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Low Density Residential. R-20 (One Family Residential) R-15 (One Family Residential) R-10 (One Family Residential) R-8 (One Family Residential) R-7 (One Family Residential) C-1 (Neighborhood Commercial) Request for R-8 (One Family Residence Zone) The applicant has requested the zoning of R-8 (One Family Residence Zone). The types of permitted uses in the R-8 (One Family Residence Zone) are given in Article 3 §1 of the Zoning Ordinance. See the following Code excerpt: • Article 3, Section 1. - One-family residence zones [(R-20, R-15, R-10, R-8 and R-7)]. (R-20, R-15, R-10, R-8, R-7.) (See also article 5, Supplementary Regulations; and article 6, Off-Street Parking, Driveways and Loading Facilities.) 1.1 Uses permitted. In a one-family residence R-20, R-15, R-10, R-8 and R-7 zones, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof, provided no building is erected and signs conform with article 5, section 4. 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds, subject to approval of site plans by the planning commission in accordance with article 10, section 2. 1.14 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 and to any specified requirements set forth below: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Child day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in

AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road DAC Report of September 5, 2018 Page 4 of 6 all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. (b) Railroad and public utility rights-of-way and structures necessary to serve areas within the city, subject to such conditions as the planning commission may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (c) Country clubs or other annual membership clubs, catering exclusively to members and their guests, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following operations shall be prohibited: i. Outdoor entertainment, live or mechanical; ii. The use of outdoor public address systems for any purpose; and iii. Exterior lighting producing glare at the lot line other than that essential for the safety of the users of the premises. No building erected under the provisions of this paragraph [subsection 1.14(c)] shall be so erected nearer than 50 feet to any street or property line. (d) Adult day care facilities in accordance with Article 5—Supplementary Regulations, Section 22—Adult Day Care Facilities. 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased to a person not [a] resident on the premises. (d) Keeping domestic animals as pets, provided not more than three (3) dogs over six months old, shall be permitted.

AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road DAC Report of September 5, 2018 Page 5 of 6 (e) Keeping of chickens for individual domestic purposes subject to the following restrictions: i. Keeping of chickens shall not be permitted on lots smaller than 10,890 square feet in lot area. ii. No more than five (5) chickens shall be permitted on a residential lot. iii. Chickens shall be registered with the Delaware Department of Agriculture. iv. Chickens shall be penned in a coop that shall be at least four (4) square feet per chicken. v. All chicken coops shall be located in a rear yard and shall be a minimum of 20 feet from side and rear property lines. vi. Any odor associated with the chickens shall not be discernable from property lines. vii. Keeping of roosters shall be prohibited. viii. Any lot with chickens shall either comply with these requirements by June 1, 2016 or remove the chickens. (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6—Off-Street Parking, Section 3— Required off-street parking spaces, Paragraph 3.1—Schedule of requirements. (g) Customary home occupations, provided that: i. No display of products, goods and/or signs shall be visible from the street. ii. Such home occupation shall be incidental and secondary to the residential use of the premises and shall be conducted in the principal building by the resident or residents that reside therein. iii. Nonresident assistants or co-workers shall be prohibited. iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. 1.16 [1.2] Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use. 1.17 [1.3] Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 1.18 [1.4] [ Closed zone. ] Zone R-7 is a closed zone in accordance with article 10, section 5.19. 1.19 [1.5] [ Signs. ] Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. Recommendation of Planning Staff: Staff recommends the annexation of the property and rezoning to R-8 (One Family Residence Zone) be approved as submitted. The subject property is in the City’s Annexation Plan of the 2008 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Low Density Residential. The R-8 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Low Density Residential. This recommendation is being made without the benefit of hearing the comments of surrounding landowners and residents. A Public Hearing is required on this matter and the Planning Commission should give those comments consideration.

AX-18-02 Lands of Steven E. Andrew at 179 Mifflin Road DAC Report of September 5, 2018 Page 6 of 6 ADVISORY COMMENTS TO THE APPLICANT 1) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, the City of Dover Business Licenses, Rental Dwelling Permits, etc. 2) Prior to establishing any new use or commencing with any construction on the subject property, including within the existing buildings, the applicant shall contact the Planning Office so that the appropriate review process can be determined and coordinated with other reviewing entities including the Fire Marshal’s Office, Public Works/Utilities, and the Chief Building Inspector. 3) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent Site Development Plan or Record Plan approval. A separate Site Development Plan must be submitted and approved if development activities are proposed to establish a use on the property. A separate Record Plan must be submitted and approved if changes to existing property lines are proposed to combine the two existing parcels held by this property owner. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 5) Annexation into the City of Dover does not require the property to connect to City Water or Sanitary Sewer services or Electric service. If the property owner wishes to pursue these services, they may contact the City’s Department of Public Works and Electric Department to learn more about the process and associated costs. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2018 APPLICATION: LANDS OF STEVEN E. ANDREW AT 179 MIFFLIN ROAD FILE #: AX-18-02 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed annexation of tax parcel ED-00-057.02-01-04.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, August 28, 2018, please find the following: • Water and sanitary sewer service is available within Mifflin Road. The property owner would be responsible for the costs associated with tapping the water and sanitary sewer mains extending services to the property, payment of impact fees, and obtaining permits associated with such improvements. SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. STORMWATER / STREETS / GROUNDS 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 .

C F AX-18-02 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: 09/05/18 D S O H V A E L R APPLICATION: Lands of Steven E Andrew at 179 Mifflin Rd FILE #: AX-18-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is single family residential 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the

street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. This office has no objections APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 29, 2018 T =============================================================== APPLICATION: Lands of Steven E. Andrew (179 Mifflin Road) FILE#: AX-18-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No Objection to the rezoning.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY 2018 APPLICATION: Lands of Steven E. Andrew FILE #: AX-18-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jared C. Adkins, P.E. PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2014 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the annexation of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

City of Dover Application No.: AX-18-02 Department of Planning & Inspections Farmview Dr R-8 R-8 R-8 Faw n St RG-2 RG-2 ill Dr Woodm RG-2 R-8 Site R-8 ROS R-8 RM-1 ar Dr Trafalg ifflin M RM-1 Rd R-8 R-8 Title: Steven E. Andrew Legend Address: 179 Mifflin Road Dover Boundary Parcel ID: ED-00-076.10-01-32.00-000 Proposed Zoning: R-8 (One-Family Residence Zone) Zoning Owner: Steven E. Andrew Dover Parcels Date: 8/14/2018 Kent County Parcels Subject Property « 0 125 250 500 Feet 2012 Buildings

PETITION TO AMEND ZONING DISTRICT Public Hearing Before the Planning Commission September 17, 2018 Applicants/Owners: Lands of Clyde Corporation (David L. Bowen) Equitable Owner: Miller Investments, LLC (David Miller) Addresses: 127, 129, 133 and 135 Roosevelt Avenue, Dover, DE (133 and 135 Roosevelt Avenue are located on same parcel) Location: North side of Roosevelt Avenue east of South DuPont Highway Tax Parcels: ED-05-077.18-02-71.00-000 ED-05-077.18-02-72.00-000 ED-05-077.18-02-73.00-000 Size: 0.828 acres Present Use: Residential: Two Single Family Detached Dwellings and Two Buildings of Apartment Units (6-units and 2-units) Proposed Use: Residential: Garden Apartment Building (proposed new construction) Comprehensive Plan Designation: Residential Medium Density Present Zoning: R-8 (One Family Residence Zone) Proposed Zoning: RG-2 (General Residence Zone) Reason for Request: Request for Rezoning of three properties for the future development of a Garden Apartment Building File Number: Z-18-01 Ordinance Number: 2018-08 This rezoning application consists of three parcels of land (133 and 135 Roosevelt Avenue share one parcel) totaling of 0.828 acres of area. The property is currently zoned R-8 (One Family

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 2 Residence Zone). The proposed zoning classification is RG-2 (General Residence Zone). The properties known as127, 129, 133, and 135 Roosevelt are situated on the north side of Roosevelt Avenue east of South DuPont Highway. The owner of record is The Clyde Corporation. The equitable owner is Miller Investments, LLC. Tax Parcels: ED-05-077.18-02-71.00-000, ED-05- 077.18-02-72.00-000, and ED-05-077.18-02-73.00-000. Existing Property: The subject property area consists of three parcels of land and includes four (4) existing buildings. Two (2) of the buildings are single family detached dwellings. Two (2) of the buildings have been converted to apartment units; one building consists of six units and the other building consists of two units. The applicant is seeking rezoning to allow for future development of the properties with a Garden Apartment Building. Redevelopment of the site will be subject to a separate application submission. Surrounding Land Uses: The surrounding uses vary on the north side of Roosevelt Avenue. Immediately west of the subject area is a property zoned C-1 (Neighborhood Commercial Zone) and then properties zoned C-4 (Highway Commercial Zone) including a carwash and a multi-tenant building that fronts on DuPont Highway. To the east, are residential properties zoned R-8 (One Family Residence Zone) and MH (Manufactured Home Zone) with multiple manufactured homes. On the south side of Roosevelt Avenue, after the C-4 (Highway Commercial Zone) property of the automobile dealership, there are a series of properties with R-8 (One-Family Residence Zone) zoning with single family detached houses and a theater guild facility. At the east end of Roosevelt Avenue is an apartment complex zoned RG-2 (General Residence Zone). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated March 2012) recommends that this property be used for Residential Medium Density. The following is an excerpt from the Comprehensive Plan (page 146-147): Recommendation for Medium Density Residential Medium density residential land uses involve a maximum gross density of eight (8) dwelling units per acre. This type of development may include single family houses on smaller lots, duplexes, townhouses, and some apartments. Some mobile home park developments would also be considered medium density. Medium density residential uses are permitted in the following zoning districts: R-8 (One Family Residence), R-7 (One Family Residence), RM-1 (Medium Density Residence), RM-2 (Medium Density Residence), RG-1 (General Residence), RG-2 (General Residence), RG-3 (Group Housing), and MHP (Mobile Home Park). The Land Development Plan recommends that medium density residential uses be permitted in near existing and planned service and employment centers and in locations well supported by transportation infrastructure and mass transit services. The rezoning request is also consistent with the Land Use Classification of Residential Medium Density. Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification.

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 3 R-8 (One Family Residential) R-7 (One Family Residential) RM-1 (Medium Density Residential) RM-2 (Medium Density Residential) RG-1 (General Residential) RG-2 (General Residential) RG-3 (Group Housing) RGO (General Residence and Office) C-1 (Neighborhood Commercial) MHP (Mobile Home Park) *now known as MH (Manufactured Housing Zone) Request for RG-2 (General Residence Zone) The types of permitted uses in the RG-2 Zone are given Article 3 §2 of the Zoning Ordinance. The permitted uses include the following: • Article 3, Section 2. - General residence zones (RG-1 and RG-2). 2.1 Uses permitted. In a general residence zone, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: 2.11 Any use permitted in one-family residence zones. 2.12 Garden apartments limited to placement within the RG-2 district only. 2.2 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 2.3 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use. 2.4 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Townhouses subject to the following restrictions: i. No more than one dwelling unit shall be permitted upon a lot. ii. No more than four dwelling units shall be permitted in a group of townhouses. iii. Each group of townhouses shall be physically separated from another by no less than two dwelling units of a different housing type from other groups of townhouses on the same side of the street. iv. Townhouse groups shall be designed to minimize points of access to the public street and to take access from an alley or other shared access where such access is available. (b) Duplex dwellings subject to the following restrictions: i. No more than one dwelling unit shall be permitted upon a lot

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 4 ii. Duplex dwellings shall be designed to minimize points of access to the public street and to take access from an alley or other shared access where such access is available. (c) Bed and breakfast inns in the RG-1 district only, subject to the following: i. A bed and breakfast inn may only be established within a primary residential structure or an associated accessory structure. ii. The owner of the property shall reside on the premises of the bed and breakfast inn or in an adjacent premises. However, if ownership of the property is in the name of a corporation, partnership, trust, etc., a full-time resident manager/operator/inn-keeper shall reside in the principal structure on the subject property or adjacent property. iii. The principal structure shall contain at least one full bathroom for the exclusive use of the owner or resident manager and other members of the immediate household. In addition, one full bathroom shall be provided for each two guestrooms. Each full bathroom shall contain a minimum of one water closet (toilet), one lavatory (sink) and one bathtub or shower stall and shall comply with all applicable building and plumbing codes. iv. The number of guestrooms requested shall be set forth in the application for conditional use. The planning commission shall expressly establish the maximum number of guestrooms permitted for any application for which approval is granted. In no case shall a bed and breakfast inn contain more than ten guestrooms. v. Off-street parking shall be provided at a minimum of two spaces, plus one space per guestroom. Off-street parking shall be prohibited in the front yard, except that such parking which may be customarily accommodated on a single width driveway may be permitted. Required parking may be provided on the premises or off the premises, provided that such off-premises parking is located within 150 feet walking distance of the bed and breakfast property. vi. Lot coverage for a bed and breakfast inn shall not exceed 60 percent of the lot. vii. Signage is limited to one sign not to exceed six square feet in area. Signs may be illuminated, provided that internally illuminated signs shall be prohibited. viii. Meals may be served to residents and overnight guests only. No cooking appliances or kitchenettes shall be permitted within the guestrooms, except small refrigerators and microwave ovens. ix. The stay of overnight guests shall be limited to 30 consecutive days. x. The owner/operator of a bed and breakfast inn shall maintain a current City of Dover business license, and the establishment shall be inspected by the City of Dover Fire Marshal and the City of Dover Health Inspector for compliance with all applicable life safety and health and sanitation codes. (d) Student homes subject to the following siting and bulk criteria: i. No student home shall be located closer than 500 feet from any other student home. ii. The maximum allowable occupancy shall be four persons or the occupancy limit as determined by the building and fire codes adopted by the City of Dover, whichever is less.

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 5 iii. Two off-street parking spaces shall be provided per dwelling unit. iv. A student home shall not be permitted to be established within any semi-detached dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit. v. Buildings or groups of buildings on the same lot with 15 or more units on the lot shall not be subject to the student home regulations. vi. Student homes shall be licensed under chapter 10, Housing Code [chapter 22, Buildings and Building Regulations], article V [X], Rental Dwellings, of the Code of Ordinances. vii. Student homes shall be subject to the provisions of chapter 10, Housing Code [chapter 22, Buildings and Building Regulations], article III [VIII], Leases, of the Code of Ordinances. (e) Multiple dwellings limited to placement in the RG-2 district only. (f) Professional offices may be permitted on Governors Avenue between Water Street and Mary Street, and on Route 8, subject to the following restrictions: i. The office operations shall be conducted in such a manner as to maintain the residential character of the surrounding neighborhood, and no changes or improvements shall be made to the premises which might preclude utilization of the premises for residential purposes in the future. ii. There shall be no other professional office located in the same zoning district within 250 feet of the premises. iii. No display of products or goods shall be visible from the street. iv. There shall be no exterior effects such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. v. A minimum of two off-street parking spaces shall be required. vi. No more than four off-street parking spaces shall be permitted. Furthermore, all off- street spaces shall be visually screened from adjacent residential uses, to the greatest extent possible, by employing a landscape screen no less than six and one-half feet high, which landscape screen shall be properly maintained throughout the duration of the professional office use on the subject premises. vii. Signage shall be limited to one sign, not to exceed six square feet in area. No sign may be illuminated. viii. The hours of operation shall not commence prior to 6:00 a.m. and shall cease no later than 8:00 p.m., with no more than four employees engaged in the operations upon the premises at any given time. ix. The planning commission shall have the authority to impose such additional conditions and restrictions as may be necessary or appropriate to protect the general health, safety, and welfare of the residents of surrounding properties.

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 6 (g) In order to stimulate limited commercial activity in the RG-1 and RG-2 zones within the city's historic district zone and/or where a historic district property or a property listed on the National Register of Historic Places exists, and to make this area of historic Dover more attractive to tourists and residents, antique shops, art galleries, gift and card shops, book stores, specialty hobby stores, and restaurants with no alcoholic beverages may be permitted as accessory uses incidental to the principal residence, subject to the conditional use approval of the planning commission in accordance with Article 10—Planning Commission, Section 1—Approval of conditional uses, and subject to the following: i. Total floor area of any nonresidential accessory use shall not exceed 2,000 square feet. ii. A minimum of two off-street parking spaces shall be required to serve the residence and the accessory use. iii. Signage for the accessory use is limited to one sign not to exceed six square feet in area. Signs may be illuminated, provided that internally illuminated signs shall be prohibited. (h) Off-street parking. 2.5 Reserved. 2.6 Administrative waivers: (a) The city planner shall have the authority to waive the bulk standards and parking requirements of article 4, section 4.2 for all non-conforming lots that existed in the RG-1 zone prior to January 1, 2007, when deemed necessary for redevelopment. The applicant must request such waivers in writing, stating the reasons that such waivers are necessary for development for redevelopment of the subject parcel. (b) The city planner shall have the authority to adjust the lot dimension requirements of article 4, section 4.2 in the approval minor lot line adjustment plans, where no additional lots are created, and to waive the bulk standards of article 4, section 4.2 for the placement of a structure on associated lots when deemed necessary for redevelopment. The applicant must request such waivers in writing, stating the reasons that waivers are necessary for redevelopment of the subject property. (c) The city planner shall have the authority to allow alternative parking surface, other than those specified in article 6, section 3.6 provided that such off-street parking areas where alternative surface is used are located within a rear yard. The applicant must request such a waiver in writing, stating the reasons that waivers are necessary. (Ord. of 7-12-1993, § 14; Ord. of 4-22-1996; Ord. of 2-12-2001 Ord. of 1-13-2003; Ord. of 9-11- 2006; Ord. of 5-29-2007; Ord. No. 2011-29, 1-9-2012; Ord. No. 2014-05, 5-27-2014 ; Ord. No. 2015-13, 10-12-2015 ) Recommendation of the Planning Staff: Staff recommends that the rezoning be granted as requested, as the proposed zoning is consistent with the Comprehensive Plan for the Residential Medium Density land use classification. Even in the RG-2 zone, the uses of the R-8 continue to be allowed. In the RG-2 zone, the additional dwelling types of garden apartments are permitted uses and duplexes, townhouses, and multiple dwellings are conditional uses. The bulk standards of RG-2 and other development requirements will limit the density (number of units per area). This segment of Roosevelt Avenue is a mix of types of housing options.

Z-18-01 Lands of The Clyde Corporation at 127, 129, 133 and 135 Roosevelt Avenue DAC Report of September 5, 2018 Page 7 This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. A separate Site Development Plan must be submitted and approved if redevelopment activities are proposed on the property. 2) The applicant shall be aware that approval of any rezoning application does not represent a Demolition Permit, Building Permit or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 3) Currently, the dwelling units on these parcels participate in the Rental Dwelling Permit program. This annual permit is required of residential rental units in the City. If the ownership of the property changes, then the new owners must reapply for Rental Dwelling Permits and may be subject to Annual Housing Inspections by Code Enforcement Staff. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2018 APPLICATION: LANDS OF THE CLYDE CORPORATION AT 127, 129, 133, AND 135 ROOSEVELT AVENUE FILE #: Z-18-01 REVIEWING AGENCY: City of Dover CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7072 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS Our office has no objection to the rezoning of: ED-05-077.18-02-71.00-000 ED-05-077.18-02-72.00-000 ED-05-077.18-02-73.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Department of Public Works standards and specifications. 2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards & Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 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 .

C F Z-18-01 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: 09/05/18 D S O H V A E L R APPLICATION: Lands of Clyde Corporation at 127, 129, 133, and 135 Roosevelt Avenue FILE #: Z-18-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is single family dwellings and apartments. 2. Fire Alarm System required per occupancy code requirements (apartments). 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)

3. 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) 4. 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) 5. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. 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

6. 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. 7. Project to be completed per approved Site Plan. 8. Full building and fire plan review is required (for renovations). 9. Construction or renovations cannot be started until building plans are approved. 10. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Our system shows the following: - 127 is a single-family dwelling - 129 is a single-family dwelling - 133 is an apartment building with 6 units - 135 is a single-family dwelling with 2 units 2. Any renovations would require a building permit. If renovations are over 50%, the building would need to become code compliant. 3. This application is for rezoning only and this office has no objection. Additional comments would be provided for demolition, renovations, or new construction. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 29, 2018 T =============================================================== APPLICATION: Lands of Clyde Corporation (127, 129, 133, and 135 Roosevelt Avenue) FILE#: Z-18-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No Objection to the rezoning. Property Access shall be from Roosevelt Avenue (City Maintained). No direct access to South DuPont Highway is proposed

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY August 2018 APPLICATION: Lands of the Clyde Corporation FILE #: Z-18-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2014 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the re-zoning plan for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

City of Dover Application No.: Z-18-01 Department of Planning & Inspections C-4 C-4 EV ER GR T PO N E EN DU MH R-8 C-4 C-1 Site R-8 ROOSEVELT R-8 C-4 RG-2 Title: Lands of Clyde Coporation Ordinance #: 2018-08 Address: 127, 129, 133, and 135 Roosevelt Avenue Parcel IDs: ED-05-077.18-02-71.00-000 Legend ED-05-077.18-02-72.00-000 2012 Buildings ED-05-077.18-02-73.00-000 Existing Zoning: R-8 One-Family Residence Zone Zoning Proposed Zoning: RG-2 General Residence Zone Dover Parcels « Owner: Clyde Corporation Date: 8/14/2018 Subject Property 0 75 150 300 Feet

City of Dover DATA SHEET FOR CONDITIONAL USE REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 5, 2018 PLANNING COMMISSION MEETING OF September 17, 2018 Plan Title: Little Kids Swagg Learning Center C-18-04 Plan Type: Conditional Use Plan Property Location: North end of Ridgely Street, west of the railroad tracks And east end of Clara Street Extended Property Address: 631 Ridgely Street Tax Parcel: ED-05-076.08-01-01.00-000 Owner: Clara Ridgely Properties, LLC Lessee: Shakiah Davis Present Zoning: IPM (Industrial Park Manufacturing Zone) Existing Use: Vacant tenant space in existing building Proposed Use: Child Day Care Center Site Area: 28.5 acres Building Area: Child Day Care Center Building Area – 7,800 S.F. Development Area: 27,930 S.F. (estimated) P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of CITY OF DOVER Dover Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 5, 2018 APPLICATION: Little Kids Swagg Learning Center at 631 Ridgely Street FILE #: C-18-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Plan is for review of the Conditional Use Plan to permit conversion of a 7,800 S.F. area in an existing one-story building into a Child Day Care Center to serve 100 children. The subject site contains one large multi-tenant warehouse office building. The Child Day Care Center is proposed to occupy a tenant space on the south side of the structure. The property consists of 28.5 acres and is located on the north end of Ridgely Street and the east end of Clara Street extended, west of the railroad tracks. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Clara Ridgely Properties, LLC and the applicant (lessee) is Shakiah Davis. Property Address: 631 Ridgely Street #5. Tax Parcel: ED-05-076.08-01-01.00-000. Council District 4. II. PROJECT DESCRIPTION: The subject area is a 7,800 S.F. vacant tenant space in an existing building. The existing parcel includes a large warehouse/office building. The applicant is proposing to occupy the existing vacant office space as a Child Day Care Center that will serve 100 children. The proposed hours of operations are from 6:00 am to 8:00 pm Monday through Friday, and 7:00 am to 6:00 pm on Saturday. A 783 S.F. playground area is proposed in the interior of the building at the rear of the tenant space; it is not an outdoor play area. III. ZONING REVIEW The property is zoned IPM (Industrial Park Manufacturing Zone) and subject to the provisions of Zoning Ordinance, Article 3 Section 20. This building space is not currently occupied as a Child Day Care Center. A Child Day Care Center requires Conditional Use approval by the Planning Commission based on the requirements noted in Article 5 §14 and Article 10 §1. The substantive requirements for Child Day Care facilities are given below: Article 5 Section 14 Child day care facilities. 14.1 General. In order to promote the development of quality child care outside of the home (day care facilities), the following two basic assumptions have been made: 14.11 The establishment of child day care services and facilities, wherever there is a need, is a necessary public objective; and

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 2 of 8 14.12 Day care programs for children shall be treated as community facilities and shall be permitted to locate in any zoning district, provided that need has been demonstrated, state licensing requirements have been met and no physical hazard to children can be reasonably anticipated. 14.2 Definitions. Child day care facility. For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by a parent or guardian, for periods of less than 24 hours per day shall be defined as follows: 14.21 Child day care center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or large family day care home; and (b) Any occupied residence which receives 13 or more children for compensation for day care. Child day care centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10 and to any specified requirement set forth in subsection 14.3 below, except in zoning districts where listed as a permitted use. 14.22 Family day care home-children. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a family day care home is limited to that care given to six or fewer children with a maximum of three children allowed for after school care. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. 14.23 Large family day care home-children. A facility which provides child care for more than six, but less than 13 children with a maximum of three children allowed for after school care. This care may be offered in a private home or in a property converted to the purpose of providing child day care. This form of day care facility requires the submission of a site plan application in accordance with the procedures and subject to article 10, section 2 of the zoning ordinance. If a large family day care home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with article 10 section 1 of the zoning ordinance. 14.3 Zoning criteria. 14.31 Number of children. Child day care centers shall be limited to a maximum of 50 children in all residential zones. 14.32 Outdoor play area. Must meet the state requirement for day care centers. 14.33 Off-street parking/loading. One space per each adult attendant, plus one space for every ten children. 14.34 Signage for child day care facilities: (a) Signs in residential zones i. Family day care homes-children and large family day care homes-children. One wall- mounted sign limited to two square feet. ii. Child day care center. One sign, wall-mounted or freestanding, limited in area to 12 square feet. The planning commission shall consider the location of such sign as part of the

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 3 of 8 conditional use review and may approve a lesser amount of sign area if deemed necessary by the commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular. (b) Signs in nonresidential zones. Child day care centers within nonresidential zoning districts shall be governed by the sign regulations in effect for the particular nonresidential zoning district in which the day care center is located. 14.35 Licensing requirements. Child day care facilities must meet state licensing standards and must be inspected by the City of Dover Fire Marshal’s Office. A City of Dover Business License and a Public Occupancy Permit is required. Conditional Use Review With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications: This property is in an Industrial Park Manufacturing Zone; it is not located in or adjacent to a residential zone. ARTICLE 10. PLANNING COMMISSION Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 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.

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 4 of 8 If the Planning Commission approves a Conditional Use, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. For a property seeking Conditional Use approval which does not need associated Site Development Plan approval (due to occupying an existing building), Article 10 §1.8 outlines the submission requirements. These requirements include a map of the property showing existing conditions with the appropriate legal data and information about the proposed use. IV. PARKING SUMMARY Child Day Care Centers require one parking space for every ten children and one parking space for every adult attendant. Based on the number of proposed children (100) and the number of adult attendants (2), a total of twelve (12) parking spaces are required. The required number of adult attendants must be confirmed based on the age and number of children. The Site Plan dated July 24, 2018 indicates that there are eleven (11) existing parking spaces, including one (1) handicap parking space on the property near this portion of the building. The parking spaces are located along the fence line to the south of the building. The existing parking lot does not include curbing. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one (1) for every twenty (20) parking spaces. Based on the number of required parking spaces one (1) bicycle parking space is required. Bicycle parking is not identified on the Site Plan. V. SITE CONSIDERATIONS Access The property has access from Ridgely Street via a private drive extension of Ridgely Street. The property also has access from Clara Street Extended. On-site there is a two-way drive aisle that encircles the building. From the placement of the angled parking, there is two-way drive aisle leading east towards Ridgely Street that will serve the parking lot. Dumpsters Dumpsters for trash collection are required for the utilization of the site. Based on the size of the tenant space, one (1) dumpster pad location and enclosure is required. The dumpster pad is not identified on the Site Plan to specifically serve the Child Day Care Center. It will need to be noted if the trash collection service is shared for the site. Sidewalks Sidewalks exist along the property’s street frontage of Clara Street. There does not appear to be an overall sidewalk system on site. On-site in the vicinity of this tenant space is a sidewalk segment with connecting steps leading to the Child Day Care Center Building entry.

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 5 of 8 VI. BUILDING ARCHITECTURE The existing one-story building has a brick façade for this tenant’s space area. Adjacent portions of the building appear to be warehouse areas with loading docks. There will not be any exterior improvements or additions to the existing building. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping details indicating several existing trees. Based on the development area for this proposed use, an area of 27,930 S.F. has been estimated for the Child Day Care Center. A total of ten (10) trees are required. There are four existing trees in the general area of this proposed use. Additional tree plantings are required. VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The data column needs to be updated prior to Final Approval. Some of the items which need revising are as follows: a) Indicate the required parking calculation: One (1) parking space per adult attendant plus one space for every ten (10) children. b) Add the City Planner’s waiver of upright curbing requirement. c) Any changes recommended by the Planning Commission. 2) Provide the following information on the Plan Sheet: a) Identify bicycle parking on the Site Plan. b) Identify the Dumpster Pad and enclosure on the Site Plan. c) Construction details for Dumpster enclosure and for the fencing material/height. d) Ensure placement of signage and striping for the handicap parking space. 3) The required number of adult attendants for the facility must be confirmed as in compliance with State Licensing and Fire Code provisions. If the number of adult attendants increases, so must the number of parking spaces provided. 4) Eleven (11) parking spaces are identified on the Site Plan and twelve (12) parking spaces are required per the current parking calculation. One (1) additional parking space needs to be added to the Plan. Parking spaces are required to be striped whenever space is provided for 10 or more vehicles in the open. 5) Due to the size of the development area, the number of trees required is ten (10) trees. Additional trees need to be planted to satisfy this requirement. Add planting locations to the plan. 6) The City Planner recognizes the lack of upright curbing in the existing parking lot area and will not require the installation of upright curbing. Add this as a note on the plan. 7) The Child Day Care Center is subject to licensing with the State Division of Child Care Licensing. They must authorize the use of an indoor play area in lieu of providing an outdoor

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 6 of 8 play area. State Regulations for Child Care Licensing allows for a minimum of 700 square feet of open, accessible indoor play space when a licensee can demonstrate that the outdoor space regulation cannot be met. 8) The appropriate City of Dover Business Licenses and Public Occupancy Permits will need to be obtained prior to opening of the Child Day Care Center. IX. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. To meet these code objectives, Planning Staff recommends the Planning Commission prescribe the following conditions and safeguards: 1) Staff notes concern with the compatibility of the location of this Child Day Care Center within an established warehouse facility area. While the location may provide a needed service to employees of other businesses at the site, there are some safety concerns. The location of parking for Day Care Center will require those arriving for drop-off and pick- up activities to park and then cross a main circulation drive aisle. The location is not readily accessible by pedestrians arriving to the property. Also, the Child Day Care Center does not include an outdoor play area. The Planning Commission may need carefully consider any additional conditions of approval to address these matters. 2) Staff recommends the removal of debris in the identified parking spaces along with the placement/replacement of parking bumpers at the head of spaces where missing in the parking area identified for this tenant. 3) Remove obstructions (vegetation) from stop sign at the west side of the entry drive from Ridgely Street. Additional traffic control signage and pavement markings are suggested such as pedestrian crossings, stop bars, etc. in the area of the Child Day Care Center. X. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) Following Planning Commission approval of the Conditional Use Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 3) In the event, that major changes and revisions to the plan occur in the finalization of the site

C-18-04 Little Kids Swagg Learning Center - Child Daycare Center at 631 Ridgely Street Final DAC Report of September 5, 2018 Page 7 of 8 plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 4) For a new use in an existing building, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and the City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building access/egress, and fire protection needs, etc. 5) The applicant shall be aware that Conditional Use Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover in order to establish this use in the existing building. 6) The applicant shall be aware that Conditional Use Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2018 APPLICATION: Little Kids Swagg Learning Center LLC at 631 Ridgely Street FILE #: C-18-04 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7072 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for locating all water, sewer, and storm sewer lines. 2. Owner is responsible for site and/or street lighting. 3. 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. 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. 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. 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.

Little Kids Swagg Learning Center LLC at 631 Ridgely Street File #: C-18-04 August 29, 2018 Page 2 of 3 STORMWATER / SANITATION / GROUNDS / STREETS 1. None GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. STREETS 1. None WATER / WASTEWATER 1. If a change in plumbing fixtures, either increase or decrease, is proposed for this project, please provide an existing and proposed fixture count prior to plan approval. Site visits can be scheduled through the Public Works office to obtain an accurate existing plumbing fixture count. STORMWATER / GROUNDS / STREETS / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. City of Dover will need proposed load sheets to validate current electrical equipment is adequate. Load sheets can be found on the at the following location: https://evogov.s3.amazonaws.com/media/27/media/13110.pdf WATER 1. Water impact fees may be associated with this project. 2. This lot shall be served by a single water service line, which shall be furnished and installed by the property owner. In the event a property contains multiple principal structures, the property shall be served by a single water main where a water service line may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water facilities. WASTEWATER 1. Wastewater impact fees may be associated with this project. 2. This lot shall be served by a single sanitary sewer lateral, which shall be furnished and installed by the property owner. In the event a property contains multiple principal structures, the property shall be served by a single sanitary sewer main where a sanitary sewer lateral may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate wastewater facilities. 3. There is an existing sanitary sewer meter located on this lot measuring the wastewater flow from this building. Before project completion this meter shall be properly calibrated to ensure accurate wastewater flow readings. STORMWATER / STREETS / GROUNDS / GENERAL 1. None SANITATION 1. The solid waste on this property shall be served by a private contractor. GENERAL

Little Kids Swagg Learning Center LLC at 631 Ridgely Street File #: C-18-04 August 29, 2018 Page 3 of 3 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F C-18-04 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: 09/05/18 D S O H V A E L APPLICATION: Little Kids Swagg Learning Center at 631 Ridgley St R FILE #: C-18-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is day care center (within an existing building). NFPA 101, A.16.1.1 Staffing in New and Existing Day-Care Occupancies Staff to Client Ratio Age (months) 1:3 0-24 1:4 25-36 1:7 37-60 1:10 61-96 1:12 97 plus 1:3 Clients incapable of self-preservation 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 25% (due to sprinkler being present) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser

units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover TBD 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. (2015 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 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. (2015 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8)

11. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 12. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created, and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created, and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 13. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 14. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private.

15. 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) 16. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high

hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. 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) 17. 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) 18. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 19. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and

where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 20. 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 are 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. (2015 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) 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)

21. 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) 22. 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) 23. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. 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 24. 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.

25. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. This must be scheduled in advance with Delaware State Communications. 26. Project to be completed per approved Site Plan. 27. Full building and fire plan review is required. 28. Construction or renovations cannot be started until building plans are approved. 29. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved. 30. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Building has an existing fire alarm and sprinkler system 2. A building permit will be required. Plans will be required by a licensed/authorized design professional. 3. Need clarification on 42x30 room (before and after) 4. I calculate an occupant load of 63 5. Need State of Delaware Day Care Licensing approval APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY August 2018 APPLICATION: Little Kids Swagg FILE #: C-18-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2014 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. The Kent Conservation District has no objection to the conditional use approval of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted to, reviewed by and approved by The Kent Conversation District.

City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF August 8, 2018 PLANNING COMMISSION MEETING OF September 17, 2018 Plan Title: Minor Subdivision Plan for Lands of Larlham Construction, SB-18-03 Plan Type: Minor Subdivision Plan Associated Plan: Larlham Construction LLC, V-18-01 Applicant/Owner: Larlham Construction, LLC Property Location: Southeast corner of North New Street and Fulton Street Property Addresses: 35 & 39 North New Street Tax Parcels: ED-05-076.08-05-39.00-000 ED-05-076.08-05-40.00-000 Existing Site Area: 0.22 acres+/- (9,822 SF) Parcels to be Created: Lot 1: 5,174 SF Lot 2: 1,650 SF Lot 3: 2,998 SF Zoning: RG-3 (Group Housing Zone) Current Use: Vacant lots (previous house demolished) Proposed Use: Total of 3 townhouse units on 3 new separate parcels. Sewer & Water: City of Dover Waiver Request: Elimination of Rear Emergency Access Requirement P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: August 8, 2018 APPLICATION: Minor Subdivision Plan for Lands of Larlham Construction at 35 & 39 North New Street FILE #: SB-18-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY: This application is the Review of a Site Plan and Minor Subdivision Plan for two (2) parcels of land totaling 9,822 SF (0.22 acres) located at 35 & 39 North New Street. The applicant proposes to re-subdivide the land into three (3) parcels of 5,174 SF, 1,650 SF, and 2,988 SF. The applicant also proposes to build a townhouse unit on each new parcel and construct associated site improvements. The property is zoned RG-3 (Group Housing Zone). The property is located at the southeast corner of North New Street and Fulton Street. The owner of record is Larlham Construction, LLC. Property Addresses: 35 & 39 North New Street. Tax Parcels: ED-05-076.08- 05-39.00-000 and ED-05-076.08-05-40.00-000. Council District 4. II. PROJECT DESCRIPTION The project is located on the east side of North New Street, just south of Fulton Street. Across Fulton Street to the north are the tennis courts of Wesley College. The properties to the east, south and west are all zoned RG-1 (General Residence Zone) and contain single family homes. This Minor Subdivision Plan proposes to resubdivide the two Larlham Construction properties into three new parcels and reorient them away from the North New Street frontage, to face Fulton Street. Lot 1 as proposed is the furthest east and has access off of an alley that will provide site access to a parking lot with three parking spaces, one for each dwelling unit. The applicant also proposes one (1) new townhouse on each of the newly resubdivided parcels of land, for three (3) total townhouse units. Application V-18-01 previously went to the Board of Adjustment at their March 21, 2018 meeting. Specifically, the applicants were requesting two variances from the Zoning Ordinance for the requirements of the minimum lot size in the RG-3 zone, as well as the minimum lot depth. The applicants were requesting that the minimum lot size of Lot 2 be 1,650 SF instead of 1,800 SF, and that the minimum lot depth for all 3 lots be 91.6 ft. instead of 100 ft. The Board of Adjustment approved the requests.

SB-18-03 Minor Subdivision Plan for Lands of Larlham Construction DAC Report of August 8, 2018 Page 2 III. ZONING REVIEW RG-3 Zoning District The property is zoned RG-3 (Group Housing Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §3 and Article 4 § 4.4. The proposed use of townhouses is a permitted use in the RG-3 zone. Townhouse A Townhouse is given the following definition within the Zoning Ordinance Article 12: Townhouse: A one-family, attached dwelling unit, with one dwelling unit from [the] ground to roof, having individual outside access. The proposed use fits this definition of a Townhouse as found in the Zoning Ordinance. The following table highlights some of the lot design standards for the RG-3 Zone for townhouses (group dwellings) and highlights the approved variances. RG-3 (Group Applicant's Project Housing Zone) Residence Type: Group Dwellings Townhomes (Group Dwellings) Standard: Requirements Proposed Minimum requirements per dwelling unit: Lot 1 Lot 2 Lot 3 Lot area (sq. ft.) 1,800 5,174 +/- 1,650 +/- 2,998 +/- Lot width (ft.) 18 32.6 +/- 18 32.6 +/- Lot depth (ft.) 100 91.6 +/- 91.6 +/- 91.6 +/- Front yard (ft.) 15 16 16 16 Minimum side yard (ft.) 15 15 N/A 15.2 +/- Off-street parking spaces 1/DU 3 0 0 Maximum permitted: Building Height (stories) 3 3 3 3 Building Height (ft.) 35 34.8 +/- 34.8 +/- 34.8 +/- Building Coverage 45% 10.20% 34.18% 18.35% IV. SITE CONSIDERATIONS Easements The plan will require cross access and other utility easements that are already in place must be documented on the Minor Subdivision Plan. Additionally, any additional easements to be recorded with the subdivision to ensure the unified character and usage of the townhouses between parcels such as including cross access from Lots 1, 2 and 3 must be shown. It should be noted that there will be a need for a parking easement and access easement as the parking for all three townhouse units is located on Lot 1. Site Access The proposed plan shows sidewalk access from the existing sidewalk along the Fulton Street frontage to the north to each of the three (3) townhouse units. There is also one vehicular point of

SB-18-03 Minor Subdivision Plan for Lands of Larlham Construction DAC Report of August 8, 2018 Page 3 access from an unnamed alley to the east that is 12 ft. wide. This access if for the parking lot that contains 1 parking space for each townhouse unit. Parking The required parking for a Group Dwelling in the RG-3 zone is one (1) parking space for each dwelling unit. The applicant is proposing one parking lot with three (3) parking spaces on Lot 1 with access off of the alley to the west of the site. This is intended to provide the parking for all three dwelling units. The applicant has not indicated any curbing in the parking area. Article 6 §3.6 (b) states that curbing shall not be required for parking spaces accessory to a one-family or two-family residence. As each townhouse is considered a one-family residence, the proposed parking area is compliant with Code. Sidewalks & Pathways According to Zoning Ordinance, Article 5 §18, sidewalks required along all street frontages of the properties with certain types of development reviews. The subject site provides sidewalks on both Fulton Street and New Street frontages. There are sidewalk connections leading into Lots 1, 2, and 3 from Fulton Street respectively. The plan does not show a pathway from the parking area to each townhouse unit. Infill Standards The following infill standards shall apply in locations where a lot or group of lots lies within a developed area as outlined in the Zoning Ordinance Article 5 § 1.12: (a) Sidewalks. Standard City of Dover sidewalk, per chapter 98, shall be required to be installed along public street frontage of every infill property by the property owner or developer. (b) Landscaping. Infill structures shall be designed to minimize the impact on existing, mature trees when practical. All residential lots shall include landscaping to include plants and shrubs along the portions of the house that front a public street. No form of vegetation shall be planted on a property in a way that blocks more than half of the front façade(s) from public view. (c) Primary facade. All buildings shall include a primary entry along the property's street frontage, and shall also include a porch or other entry feature. Sidewalks are already in place along both Fulton Street and North New Street. For the landscaping requirement, the plans submitted indicate landscaping at the front, or Fulton Street frontage, of each of the three townhouse units. The plans further indicate an area at the front of each townhouse unit for a porch. For these reasons, the infill standard requirements have been met for each individual lot per the requirements of Article 5 § 1.12. Waiver Request: Elimination of Emergency Rear Access Requirements The Zoning Ordinance requires a 16-foot alley to provide emergency access to the rear of the three townhouse units (Article 5 §17.5(a)); this alley requirement is for sets of 3-5 townhouse units that are not fire protected. The term “fire-protected townhouse” means “the individual units are separated by an NFPA-approved fire barrier and alternating pattern of noncombustible exterior

SB-18-03 Minor Subdivision Plan for Lands of Larlham Construction DAC Report of August 8, 2018 Page 4 siding separating combustible exterior siding.” The Ordinance provides for consideration of a waiver of the rear emergency access requirements; see Code citation as follows: Article 5 Section 17. - Emergency access requirements. (1) General purpose. The purpose of this section is to establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens. (2) Waiver. Should the planning commission determine, after demonstration by an applicant, that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance, then the planning commission may recommend to [the] city council to waive certain provisions of this ordinance that are not required under other city or state laws The plan currently does not provide the rear emergency access (alley) to any of the townhouse units on site. The applicant has requested a Waiver from the requirement for rear emergency access; see written request. The Waiver Request will be considered by the Planning Commission, the Safety Advisory and Transportation Committee, and City Council, who has the final authority to grant the request. Landscaping and Tree Planting Landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5, Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. Specifically, Article 5 § 16.62 requires a tree density of 1 tree for every 3,000 SF or fraction thereof. Based on a lot size of 5,174 SF, Lot 1 requires two trees. Lot 2, at 1,650 SF would require one tree. Existing trees on site would mean that both Lots 1 and 2 already meet the requirement for tree planting. Lot 3, at 2,998 SF would require 1 tree. As there is no existing tree on Lot 1, the applicant has indicated in the plans submitted that a new tree will be planted. V. 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) The project must comply with requirements for emergency rear access to the townhouse units unless a waiver is granted. Significant redesign of the project will be required if this waiver is not granted. The applicant has submitted a written waiver request for consideration. The waiver request demonstrates that alternative means of fire protection will be provided that are equivalent to or greater than the public safety protection provided by the requirements of the Zoning Ordinance. 2) Please correct the zoning classification to read “RG-3 (Group Housing Zone).” 3) Please identify the locations, widths and purposes of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property. - Specifically, related to the location of parking on one lot to serve all three lots.

SB-18-03 Minor Subdivision Plan for Lands of Larlham Construction DAC Report of August 8, 2018 Page 5 4) The Final Record Plat submitted must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat. VI. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. Similar safeguards are also in the expressed intent of the Zoning Ordinance, and in the Site Development Plan objectives listed in subsections Article 10 §2.21 to 2.28. 1) Staff recommends both a parking easement and an access easement be put in place to ensure access between the parking lot and all three townhouse units be maintained. 2) Staff recommends a connecting sidewalk from the parking area north to the sidewalk along the Fulton Street frontage 3) Identify a location for the storage of trash/ recycling cans for the townhouse units. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. VII. ADVISORY COMMENTS TO THE APPLICANT: 1) In accordance with the provisions of Dover Code, Chapter 1, Sec. 1-13 Clean Hands (b) Obligations which must be current, the City will be unable to grant final action on this Minor Subdivision Application as there is an outstanding Grass Citation issued on May 11, 2018 (Case #18-1304) for the property addressed as 39 north New Street. Both 35 and 39 North New Street are also behind on taxes. As of September 7, 2018, the citation has not been paid. All payments due to the City must be paid in full into order to complete the review process and receive any final approval. a. For questions regarding the citation billing, you may contact the Inspections Office, Code Enforcement Section at (302) 736-7010. 2) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Planning Office. 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 Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement prior to recordation at the Kent County

SB-18-03 Minor Subdivision Plan for Lands of Larlham Construction DAC Report of August 8, 2018 Page 6 Recorder of Deeds Office. 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 engineer or surveyor signing and certifying the Plan is required to have a City of Dover Business License. Contact the Permitting & Licensing Section at 736-7010 for more information. 6) Any future property line alterations not recorded with the current application will also be subject to Planning Commission review. 7) The applicant shall be aware that Minor Subdivision Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permits 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.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 1, 2018 APPLICATION: Lands of Larlham Construction LLC at 35 & 39 North New Street FILE #: SB-18-03 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Lands of Larlham Construction LLC at 35 & 39 North New Street File #: SB-18-03 August 3, 2018 Page 2 of 4 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water service lines shall be shown for each residential lot meeting the following requirements: The water services shall be one-inch (1”) diameter Type K copper tubing, and installed five feet (5’) to the right of the sewer lateral as viewed from the center line of the street. Curb stops shall be installed one foot (1’) outside of the right-of-way for each lot. A water meter and meter pit must be installed on the domestic water service, in a non-traffic bearing location just downstream of the curb stop. 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. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes,

Lands of Larlham Construction LLC at 35 & 39 North New Street File #: SB-18-03 August 3, 2018 Page 3 of 4 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 minimum size of all sanitary sewer laterals shall be six-inch (6”). 4. 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. 5. Sanitary sewer laterals shall be shown for each residential lot meeting the following requirements: The sewer laterals shall be six-inch (6”) diameter schedule 35 PVC and, where practicable, installed to the center of each lot. Sewer laterals shall be connected directly to the main, not manholes, unless impracticable. Sewer laterals are to be installed one foot (1’) beyond the right-of-way line at a typical depth of three feet (3’), preferably not exceeding five feet (5’). Cleanouts shall be installed one foot (1’) outside of the right-of-way for each lot. The City of Dover has a sanitary sewer main located in Reed Street, the laterals shall connect to this infrastructure. 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. If Kent Conservation District does not require an approved plan, an erosion and sediment control plan shall be submitted to our office for review and approval. This is required for the City of Dover to maintain compliance with our MS4 permit. 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. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 2. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. 3. A pavement tie-in detail shall be provided for the proposed work entering the existing alley. SANITATION 1. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/.

Lands of Larlham Construction LLC at 35 & 39 North New Street File #: SB-18-03 August 3, 2018 Page 4 of 4 WATER / WASTEWATER / STORMWATER / GROUNDS / GENERAL / STREETS / SANITATION 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None 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. Hydrant flow testing is currently only performed three (3) times per year during system wide flushing operations. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 3. Impact fees may be required for this project. It is the responsibility of the applicant to provide documentation that there were existing dwellings on this site connected to the City’s sanitary sewer and water system. 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. Impact fees may be required for this project. It is the responsibility of the applicant to provide documentation that there were pervious dwellings existing on this site connected to the City’s sanitary sewer and water system. STORMWATER / STREETS / SANITATION / GROUNDS 1. None. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F SB-18-03 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: 08/08/18 D S O H V A E L R APPLICATION: Lands of Larlham Construction LLC at 35 & 39 North New St FILE #: SB-18-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is residential townhouses. 2. Emergency access to rear building areas compliant with City of Dover Code (Appendix B- Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear. 3. 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) 4. 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) 5. Project to be completed per approved Site Plan. 6. Full building and fire plan review is required. 7. Construction or renovations cannot be started until building plans are approved.

8. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved. 9. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. A meeting in regards to item # 2 listed above (rear access) needs to take place with the Fire Marshal and Chief Building Inspector. At that time, a sprinkler system and noncombustible siding can be discussed in lieu of the rear access. If a sprinkler system is installed, additional comments will be provided. 2. Each unit will need a proper address (Fulton St). APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 1, 2018 T =============================================================== APPLICATION: Lands of Larlham Construction (35 & 39 North New Street) FILE#: SB-18-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Access shall be from 12’ wide alley. No direct access to North New Street to Fulton Street is proposed

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY August 2018 APPLICATION: Lands of Larlham Construction FILE #: SB-18-03 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office 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 our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. 2. The following notes must appear on the record plan: • The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. • The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. • A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. 3. A soils investigation in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. 4. A SAS (Stormwater Assessment Study) submittal and pre-application meeting are required unless waived. ADVISORY COMMENTS TO THE APPLICANT: There appears to be no Stormwater being shown on the submission. 1. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply with the Delaware Sediment and Stormwater Regulations. 2. The preferred methods of Stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved.

Elliott Survey, Corp. 332 Audrey Lane Smyrna, DE 19977 Ph: (302) 678-8115 Fax: (302) 678-8255 August 13, 20118 To: CITY OF DOVER PLANNING SERVICES DIVISION OF PLANNING 15 Lockerman Plaza Dover, Delaware 19901 (302) 736-7008 From: NIK PATEL ELLIOTT SURVEYING, CORP. 332 Audrey Lane Smyrna, Delaware 19977 RE: WAIVER REQUEST ~ STATEMENT OF THE NATURE OF REQUEST To Whom It May Concern; As per the Site Plan Waiver Application Requirement, I, on behalf of my client "Larlham Construction, LLC" , would like to request a waiver from the City of Dover Code of Ordinances Article 5 §17.5(a). Our client is in the process of applying for a "MINOR SUBDIVISION" Application (Application: SB-18-03) for Elimination of Emergency Rear Access Requirements for the properties located at #35 & #39 North New Street, Parcel # ED-05-076.08-05-39.00-000 & Parcel # ED-05-076.08-05- 40.00-000; being further located in the City of Dover, Kent County. Article 5 Section 17.5(a) - Emergency access requirements. (1) General purpose. The purpose of this section is to establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens. (2) Waiver. Should the planning commission determine, after demonstration by an applicant, that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance, then the planning commission may recommend to [the] city council to waive certain provisions of this ordinance that are not required under other city or state laws. As per the Article above, the Zoning Ordinance requires a 16-foot alley to provide emergency access to the rear of the three townhouse units. In lieu of the 16-foot alley, the owner, with initial conversations with the City of Dover, Office of the Fire Marshal, is proposing residential fire protection for the (3) proposed units. The Office of the Fire Marshal has agreed to move forward with this proposal pending submittal and review of detailed building plans highlighting the design of the fire protection being proposed. We respectfully request that the City of Dover Planning Services office please consider the facts given and grant the approval of this waiver request. If you have any questions or concerns, please contact me directly at my office at (302) 678-8115. Thank you again for your time and assistance on this matter. Sincerely, Nik Patel Elliott Surveying, Corp.

City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 5, 2018 PLANNING COMMISSION MEETING OF September 17, 2018 Plan Title: Minor Subdivision Plan for Bay Road Office Park, SB-18-04 Plan Type: Minor Subdivision Plan Associated Plans: Site Development Master Plan S-17-19 Administrative Site Plan Phase 1 Office Building, S-17-30 Bay Road Office Park, V-18-03 Applicant/Owner: Bay Road One, LLC Property Location: Southwest side of Bay Road and south of Miller Drive Property Addresses: 550, 540 and 544 Bay Road (rear parcel is not addressed) Tax Parcels: ED-05-077.00-01-10.01-000 ED-05-077.00-01-11.00-000 Existing Site Area: Lot 1: 5.00 +/- acres Lot 2: 1.46 +/- acres Total: 6.46 +/- acres Parcels to be Created: Lot 1: 4.16 +/- acres Lot 2: 1.20 +/- acres Lot 3: 1.10 +/- acres Total: 6.46 +/- acres Zoning: C-4 (Highway Commercial Zone) Previous Use: Mobile Home/Manufactured Home Sales Proposed Property Uses: Offices (Office Building on Lot 1 has started construction) Sewer & Water: City of Dover P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 5, 2018 APPLICATION: Minor Subdivision Plan for Bay Road Office Park at 550 Bay Road, Dover FILE #: SB-18-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY: Review of a Minor Subdivision Plan for two (2) parcels of land totaling 6.46 acres located at 550 Bay Road. The applicant proposes to combine the current Lots 1 and 2 into one single parcel, while subdividing the sections of Lot 1 currently planned to contain the two smaller office buildings into their own lots as the new Lot 2 and Lot 3. The new Lot 1 would be 4.16 +/- acres, Lot 2 would be 1.20 +/- acres, and Lot 3 would be 1.10 +/- acres. The site is the subject of Site Development Master Plan Application S-17-19 conditionally approved by the Planning Commission on July 17, 2017; Phase 1 of an Office Building located on Lot 1 is under construction per Administrative Site Plan S-17-30. The property is zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road and south of Miller Drive with access from Cowgill Street and Martin Street. The owner of record is Bay Road One, LLC. Property Addresses: 550 Bay Road and 540 and 544 Bay Road (The parcel to the rear of the site is located at the end of Cowgill Street and is not addressed.) Tax Parcels: ED- 05-077.00-01-10.01-000 and ED-05-077.00-01-11.00-000. Council District 2. II. PROJECT DESCRIPTION The project is located on the southwest side of Bay Road and south of Miller Drive. The current rear parcel (Lot 2) has frontage onto Cowgill Street but is not addressed. Immediately adjacent to the north at the rear of the site is a residential area zoned RG-1 and RG-3. To the north along the Bay Road frontage are more commercial lots, zoned C-4, as are the lots to the rear with frontage on DuPont Highway. The parcel to the south along Bay Road is also zoned C-4, and is the site of the approved Site Development Plan S-17-20 Bay Road Commercial Plan for a shopping center. Across Bay Road is the Kent County Levy Court building. Previous Applications Previous applications for the site include Site Development Master Plan S-17-19 Bay Road Office Park which was heard before the Planning Commission on July 17, 2017 and received conditional approval. This approved Master Plan involves the construction of an office park and stormwater management area in three phases on property known as 550 Bay Road. The site is currently divided into two parcels: one at the front with frontage on Bay Road and an additional proposed access to Martin Street, and one parcel at the rear with no street access as it is planned to be a stormwater pond only. The existing manufactured home dealership has been demolished

SB-18-04 Minor Subdivision Plan for Bay Road Office Park DAC Report of September 5, 2018 Page 2 to allow for redevelopment. Each phase will include construction of one building and associated site improvements. Construction will result in a final floor area totaling 58,730 SF on the current front parcel for the office park and a stormwater management area on what is currently the rear parcel, replacing the originally proposed warehouse/ flex space building, when all site improvements are complete. Administrative Site Plan S-17-30 Bay Road Office Park- Phase 1 was approved in April 2018, and the first office building is under construction. Variance Application V-18-04 went before the Board of Adjustment at their July 18, 2018 meeting and received approval. This application proposed combining the current Lots 1 and 2 into one single parcel, while subdividing the sections of Lot 1 currently planned to contain the two smaller office buildings into their own lots, proposed to be the new Lot 2 and Lot 3. The applicant went to the Board of Adjustment asking for an area variance for lot width because the current owner, Century Engineering wished to maintain ownership of the central access road off Bay Road, while being able to sell on the two new parcels to other developers. This variance allows the newly proposed lots to have less than the required minimum lot width of 150 feet as stated in the Zoning Ordinance Article 4 §4.15. Variance Application V-17-12 went before the Board of Adjustment at their July 19, 2017 meeting and received approval. This application was to increase the allowable parking on site for Phase 1 of the project from 84 parking spaces to 119 parking spaces. III. ZONING REVIEW C-4 Zoning District The property is zoned C-4 (Highway Commercial Zone) and subject to the regulations of Zoning Ordinance, Article 3 Section 16 and Article 4 Section 4.15. The Master Plan identifies the use of three buildings as offices. The C-4 zone allows business, professional and governmental offices as permitted use. The C-4 zone also allows wholesale, storage, warehousing, and distribution establishments and also service establishments. The following table highlights some of the lot design standards for the C-4 (Highway Commercial Zone). Minimum Required C-4 Lot Width (ft.) 150 Lot Depth (ft.) 150 Front Yard Setback (ft.) 20 Side Yard Setback (ft.) 15 Rear Yard Setback (ft.) 10 or equal to bldg. height Side or rear yards which adjoin a residence zone (ft.) 30 Off-Street Parking Spaces Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum Permitted: Building Height: Stories 6 Feet 75 Floor Area Ratio 4.0 Lot Coverage 75%

SB-18-04 Minor Subdivision Plan for Bay Road Office Park DAC Report of September 5, 2018 Page 3 IV. SITE CONSIDERATIONS Easements The plan notes an existing 30 ft. wide cross access easement for future development along the main access drive off Bay Road to the parking lot for the building on Lot 1. The applicant is also proposing a 24 ft. wide cross access easement from Martin Road, across Lot 3 to the main access drive of Lot 1. The plan also notes a maintenance access easement established to benefit Lot 2 and Lot 3 for the purpose of performing maintenance and repair of stormwater facility, stormwater conveyances, and utilities. This easement connects the proposed Lots 2 and 3 directly to Lot 1 which includes the Stormwater Management area. Site Access The Plan shows the main access is off Bay Road onto the main drive of what is proposed to be Lot 1. Lot 3 has an access off Martin Street to the north, while Lot 2 has no direct access to a public street (other than utilizing the main access drive). Parking The parking requirement for C-4 (Highway Commercial Zone) is based on a rate of one parking space per 300 square feet of floor area. See the following table summary of the parking requirement by phase. The Plan as is shows 231 parking spaces in total with parking located on each of the proposed lots. The chart below shows the requirement for each building, noting the variance request V-17-12 granted for the proposed Lot 1, increasing the maximum parking allowed to 119 parking spaces. Phase Building Size Parking Required Parking to be Maximum (SF) Constructed Parking Lot 1 25,120 SF 84 spaces 119 spaces* 119* spaces Lot 2 17,500 SF 59 spaces 58 spaces 74 spaces Lot 3 16,250 SF 55 spaces 54 spaces 69 spaces TOTAL 58,870 SF 198 spaces 231 spaces 248 spaces The Zoning Ordinance Article 6 §3.3 on location and ownership of required accessory parking facilities, states Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In all cases, such parking spaces shall conform to the regulations of the district in which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either: (a) Throughout the existence of such use to which they are accessory; or (b) Until such spaces are provided elsewhere. Individually proposed Lots 2 and 3 do not meet the requirement for parking spaces; Lot 2 requires 59 spaces, and is planned to have only 58, and Lot 3 requires 55 spaces and is only planned to have 54. However, as the parking lot for Lot 1 is within 150 ft. of Lots 2 and 3, they are able to utilize Lot 1’s parking lot to meet their minimum parking requirements. The Minor Subdivision Plan should note this by indicating provisions for shared parking.

SB-18-04 Minor Subdivision Plan for Bay Road Office Park DAC Report of September 5, 2018 Page 4 It should also be noted that Lots 2 and 3 will be subject to a separate Administrative Site Plan review process when developed, at which point the planned use or size of the building may have different parking requirements. Sidewalks & Pathways Sidewalks are required along all street frontages of a site (Zoning Ordinance, Article 5 Section 18). The development plan proposes a shared use path of 10 ft. width along the Bay Road frontage. Sidewalks flank the main entrance drive from Bay Road leading into the site thus marking the connection from the street frontage sidewalk. There are sidewalks and crosswalk linkages to the three office buildings. Landscaping and Tree Planting Landscaping requirements are subject principally to the regulations found in Zoning Ordinance Article 5 Sections 15 and 16, and are also addressed in other various sections of code related to buffering, screening, and open space. The approved Site Master Plan for S-17-19 included the tree planting and landscaping approach for the overall project. The current 5-acre parcel requires seventy-three (73) trees and the current 1.46-acre parcel required twenty-two (22) trees. The approved Landscape Plan is providing a mixture of deciduous trees, evergreen trees, and ornamental trees to provide a total of ninety-five (95) trees on the overall site. V. 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) The Final Record Plat submitted must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat. 2) Sheet SUB702- Please remove the “existing use” statement and instead label it as “previous use”. VI. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. Similar safeguards are also in the expressed intent of the Zoning Ordinance, and in the Site Development Plan objectives listed in subsections Article 10 §2.21 to 2.28. 1) Staff recommends a parking easement be put in place to ensure access between the parking lots of Lots 2 and 3, and the parking lot of Lot 1. This is in order to comply with the parking requirements for the Development proposed in Master Plan S-17-19. Other agencies may recommend additional conditions and safeguards in accordance with their

SB-18-04 Minor Subdivision Plan for Bay Road Office Park DAC Report of September 5, 2018 Page 5 areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission. VII. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Planning Office. 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. 2) Following Planning Commission approval of the Minor Subdivision Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The engineer or surveyor signing and certifying the Plan is required to have a City of Dover Business License. Contact the Permitting & Licensing Section at 736-7010 for more information. 5) Any future property line alterations not recorded with the current application will also be subject to Planning Commission review. 6) The applicant shall be aware that Minor Subdivision Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permits 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.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2018 APPLICATION: Minor Subdivision Plan Bay Road Office Park at 550 Bay Road FILE #: SB-18-04 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Minor Subdivision Plan Bay Road Office Park at 550 Bay Road File #: SB-18-04 August 29, 2018 Page 2 of 4 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The proposed water main tie-in to Bay Road shall be completed before or during the construction of Lot 2 or 3 in order to loop the water system. 4. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 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. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The minimum size of all sanitary sewer laterals shall be six-inch (6”).

Minor Subdivision Plan Bay Road Office Park at 550 Bay Road File #: SB-18-04 August 29, 2018 Page 3 of 4 4. 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. 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. If Kent Conservation District does not require an approved plan, an erosion and sediment control plan shall be submitted to our office for review and approval. This is required for the City of Dover to maintain compliance with our MS4 permit. 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. The current City of Dover standard street section provides for a 3’ grass strip between the curb and sidewalk. This standard was administratively revised to meet ADA and FHA compliance with cross slope requirements and to prevent cars from scrapping at driveways. The revised standard utilizes a five feet (5’) wide public sidewalk with a five feet (5’) wide grass strip behind the curb. 2. It shall be unlawful for any person to alter the curb of any street so as to create a curb depression for the purpose of permitting vehicles to enter onto or exit from the city streets, without a permit issued by the city manager. SANITATION 1. The solid waste on these properties shall be served by a private contractor. GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER / WASTEWATER / STORMWATER / GROUNDS / GENERAL / STREETS / SANITATION 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Easements may need to be completed again due to parcel ID changes from this application. 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.

Minor Subdivision Plan Bay Road Office Park at 550 Bay Road File #: SB-18-04 August 29, 2018 Page 4 of 4 2. Hydrant flow testing is currently only performed three (3) times per year during system wide flushing operations. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 3. Impact fees may be required for this project. It is the responsibility of the applicant to provide documentation that there were existing dwellings on this site connected to the City’s sanitary sewer and water system. 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. Impact fees may be required for this project. It is the responsibility of the applicant to provide documentation that there were pervious dwellings existing on this site connected to the City’s sanitary sewer and water system. STORMWATER / STREETS / SANITATION / GROUNDS 1. None. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F SB-18-04 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: 09/05/18 D S O H V A E L R APPLICATION: Minor Subdivision Plan Bay Road Office Park at 550 Bay Rd FILE #: SB-18-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is office buildings (business) 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Fire lanes shall cover 25% 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 5. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1)

6. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 7. 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 8. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 9. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 10. 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 Any dead end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 11. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process.

12. 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. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 13. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 14. 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)

15. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply:

All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. 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) 16. 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. 17. 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) 18. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 19. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 20. 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 are 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. (2015 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) 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) 21. 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) 22. 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) 23. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)

Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. 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 24. 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. 25. 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. (2015 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 26. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. This must be scheduled in advance with Delaware State Communications.

27. Project to be completed per approved Site Plan. 28. Full building and fire plan review is required. 29. Construction or renovations cannot be started until building plans are approved. 30. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved. 31. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Comment from S-17-19 and S-17-30 still apply. 2. This office has no objections APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 29, 2018 T =============================================================== APPLICATION: Bay Road Office Park (550 Bay Road) FILE#: SB-18-04 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The property was previously reviewed by DelDOT. 2. A Commercial Record Plan is required to subdivide the property. The plan shall be submitted to DelDOT Subdivisions for review.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY August 2018 APPLICATION: Bay Road Office Park FILE #: SB-18-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2014 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the minor subdivision of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

Appointment of the Architectural Review Oversight Subcommittee of Planning Commission As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The following excerpt from the Zoning Ordinance is provided. Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval. 2.28 Consideration shall be given to the physical orientation and architectural characteristics of proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed buildings, and their contributions to the overall image of the immediate vicinity by considering the building and architectural design guidelines as set forth in article 5, section 19. Design characteristics of proposed buildings and building additions shall not detract or devalue existing buildings in the immediate vicinity. (A) If the planning commission determines that the proposed physical orientation and architectural characteristics of the proposed buildings do not meet the intent and objectives of this section, then the planning commission shall refer the proposal to the architectural review oversight subcommittee for review and comment. (B) The subcommittee shall meet and review the proposal with the applicant, and return its comments to the planning commission by the next regularly scheduled meeting. (C) The architectural review oversight subcommittee shall be appointed by the commission at its annual meeting, and membership shall consist of two planning commission members, and two design professionals with experience in construction, and the mayor or the mayor's designee. Two alternate design professionals with experience in construction shall also be appointed. At the Annual Meeting of the Planning Commission on August 20, 2018 the following individuals were appointed to the Architectural Review Oversight Subcommittee of Planning Commission. o Kathleen Welsh, Planning Commission member o Dean Holden, Planning Commission member o Mayor or Mayor’s designee The Planning Commission directed Planning Staff to contact the previous Subcommittee members to determine their willingness to continue as a member. Staff was also directed to suggest offer potential members. Previous Members to Contact: o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional o Dr. R.G. Chandler, former Director of Architecture at DelTech Community College, Design Professional o Alternates (Design Professionals): To Be Determined Update Selection of Architectural Review Oversight Subcommittee of the Planning Commission 9-2018

2019 Comprehensive Plan Preliminary DRAFT Chapter Goals 8.22.2018 Goal 1: Protect the Natural Environment Natural Resources Goal 2: Improve Watershed Quality and Environmental Protection Goal 3: Encourage Green Development and Sustainable Energy Practices Goal 1: Preserve and Protect Historic Resources Goal 2: Provide and Promote Incentives for Preservation Activities Historic Preservation Goal 3: Increase Public Information on Historic Resources Goal 4: Collaborate with Diverse Groups and Governments Goal 1: Proactively Maintain Existing Infrastructure and Expand Public Utilities and Infrastructure When Beneficial Community Goal 2: Enhance Infrastructure to Meet Community Needs Infrastructure Goal 3: Meet or exceed the State and Federal requirements of the NPDES permit and Stormwater Management Plan Goal 1: Provide a System of Interconnected Open Space Areas and Recreational Opportunities Goal 2: Continue to Provide a Modern Comprehensive Public Community Services Library Facility and Facilities Goal 3: Disaster Preparation (for natural and man-made events) Goal 4: Provide and Maintain High Quality City Services Goal 5: Protect and Preserve the City Owned Resources

Goal 1: Preserve and Maintain the Existing Transportation System Goal 2: Increase Coordination with Agencies Goal 3: Develop and Expand Alternate Modes of Transportation Transportation Goal 4: Create Recommendations and Policies for Roadways and Development Goal 5: Air Quality: The Ozone Challenge Goal 1: Attract and Retain High-Paying Quality Jobs by Targeting Large Firms and Businesses to Major Growth Areas in the City Goal 2: Revitalize Downtown Dover as a Vibrant Town Center Integrating the Hospital, the Colleges & Universities, the State and City Governments with Business (Retail and Professional), Housing and Tourism Goal 3: Ensure that Zoning Requirements Encourage the Uses Desired and Do Not Create Impediments to Desired Business Growth Goal 4: Create an Environment for Long Term Economic Investment Economic in Dover Focusing on Green Technology and Entrepreneurial Development Businesses Goal 5: Actively Market Garrison Oak Goal 6: Pursue Economic Development linked to Active Recreation Goal 7: Pursue Economic Development linked to Improved Healthy Food Access Goal 8: Promote Inclusive Workforce Development Programs, Strategies, and Partnerships especially for Disadvantaged Groups Goal 9: Promote the Revitalization and Redevelopment of the Center City Goal 1: Encourage Balanced Housing Opportunities for All Income Levels and Phases in Life Housing & Goal 2: Preserve Existing Housing Stock Community Development Goal 3: Provide Safe Livable Neighborhoods Goal 4: Provide Homeownership Opportunities for Low/Moderate Income

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PRELIMINARY DRAFT COPY PRELIMINARY DRAFT COPY City of Dover, Delaware Map Quadrant B: Land Development Plan AgPreservationDistrict StateAgEasem ents Municipal Boundaries Dover Parcels Hy drology St at e Hw y Water Bodies 1 Land Use Classifications ActiveAgriculture Com m ercial m on Tr ee Ln lla DoverAFB Kurt Dr Ho nd Ct im rs I ndustrial Pe r Jonathan D M ol y Ct l r Prim os eC D t I nstitutional h ele ton Sut lc We Prim e Mi c Kar is Dr hD e r rall ros Ci inn r Dr McG Far r on nP e Dr re y Dr h Lin m Aud l Ct l Finis i m rs Ver n el MixedUse Pe Dr Ct Dr Dr ly n o Old C ar er Moo r av We ic R r Ma u nD ips rdo ePl Le Of fice Go an Sus ree n Pl d Pl Bet d Gor hPl Pl ND up az OpenSpace on Pl tH on a wy Dr Ap ril ns Dr Dow Do ve PublicandPrivateUtilities r D el aw d ar ic R e d St W hi at Residential HighDensity te ips e oa Le kR rsity la ive rk D r Ln Un ak nO do is o w rr Ga Residential Low Density ea M ou M rn in g D eL ov Residential Medium Density n d Pu eR rp le eg C oll M ar tin W Roads ay Ni m it PRELIMINARY DRAFT COPY N State St zR St µ co Ba at d e N n Hw Ct Hiawatha Ln H Rd nt As Proposed y Av po e 1 oa Du d k Ba r Bl v hi rD co te wy n fer lle W ic i M oner W August 2018 ho Jef Long Point Rd Sc ay r perD L ep o re Rd Dr a lvd eD ns nu 0 1, 500 3, 000 Rep V is Ve en N dB r e n Bu i tz Av so im rese ta k Pl ck ck r E O verloo Bu To w D R d in d Feet W iv ntat Dr Dr r Dr Ln gs lD og ve e r B Ca W r R d lD ak W n el nc ite O in ho ow rL Wh d cD Pl a Old Vond Dr A d h M in Dr eR i rW re Fa Paper Map DISCLAIMER: am t Cha ld yT way r fi e Ba Ct Ct Ln a ar d Dr en G bo rd ar d St y Ar a By ac ceptanc eofthism ap m aterial, y ouagree to thef ollow in g: le G N Br ad Mac N State St Ea th Rd Ln st ur D Silver Lake B lvd Thism ap m aterial ism adeav ailableby theCity of Dov er, Delaw areasapu blic Ct dy Av e s ne r Su n St r ip n ven Ei e Ke Ste serv ice. The m aterial isf or ref erenc e purpos eson ly ,an dtheCity m ak esn o se tD Dr se Dr Patr ic ie w er w arranty ,repres entation,or gu aran ty asto the ac c urac y ofthe m aterial.You r n ow so ev nh ea r k d releas etheCity ,itsagents ,s erv ants ,andem ploy ees ,from an y an dall liability Fr La R Dr k Ly ak Do l relatedto th e m aterial,includingitsac curacy ,av ailability , u se,an dm isus e .I nno Dr O Suvarna y Tr ve Dr t e rP Part nn Dr on hi tery em e ar ev ents hall th eCity beliablef or any direc t or indirec t dam agess uff eredrelatedto C ris W k ial Tea Memor Ln r side d er R Lake Ha lvd Walk B Ro Blv d ck fo ution ary theus eofthisdata including,but not lim itedto,phy s icalin j ury ,death, property l n evo dam age,ec onom ic los s , or other cons equen tialdam agess u f feredby th e rn L R rd in Aco Go g ve Rec ipient or others aris ingfrom an y inadequac ies ofthe digitaldataorth e X ve kA rno oc rs an c Ros s St Ce nter SH Rec ipient’sus eof thisdata. Ln A ve k ns at w Oa pki Lake The m aterial isin the public dom ain and m ay be c opiedw ith outperm is sion . ov Ho D iaAve n St A lv a n Citationto thesourcew ouldbeapprec iated. view er sy Fair r n to ood P e nn Tho Nixo l St Caro r Pl illi s Ci Ave m er W Cly mbia n Ln Any errorsor om is sionsinthem aterials houldbereported to theCity ofDov er, ve olu NG N Br Sp C Rd Delaw are’ sPublicServ icesGI SDepartm en t. an over r ru adfo t Rd ce t est S nors R oin St er Rd d St NW ison o gP sy Mah ch Penn Mad ts ing Lon Ave Mi Dr Lex sD r r St ga n o ok lvania Rd Shady br hola Pea ney Nic N y Pl n xt Rod Ave E ut L lse d St Ha e ton N Edgehill Lind Sco am view y Willi Hw Girl St ke ton DatePrinted:August23,2018 Pl dA La yR hing s n Ct ng Acacia Pl as lan Ki Teak Ct d W Gr e Up *Becausethism ap isnottheresultofadetailed,parcel- by - parcel analy sisofz oningandlanduse, File:m :\gis_data\proj ects\tech_m x ds Dr Le Fox Rd en h w t Hw y Ave it lsRhouldnotberelieduponto indicatethataspecif iczoningor landclassif icationisappropriatef orn St ve \com p planm aps\land_developm ent_plan e N Dupon w St d Av een ill is Haze N Qu N Ne aspecif icparcel.Follow ingtheCom prehensiveRezon inkg ,w hichw ill involveadetailedanaly sis l D o y isi Mi l w Departm ent:PublicServicesGI S r v e P E Di and lane xtensivenotification,theLandDevelopm entPM laan m ap w ill beupdated. * e pl d Av a St Clar Mary City ofDover,Delaw are St St at EL Ma rt e rm o ck ec N Little Creek Rd Ed oo St lu ge aD y h St Mar B mo Smit St nt r Av e an

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Any errorsor om is sionsinthem aterials houldbereported to theCity ofDov er, Delaw are’ sPublicServ icesGI SDepartm en t. DatePrinted:August23,2018 *Becausethism ap isnottheresultofadetailed,parcel-by - parcel analy sisofz oningandlanduse, File:m :\gis_data\proj ects\tech_m x ds itshouldnotberelieduponto indicatethataspecificzoningor landclassif icationisappropriatef or \com p planm aps\land_developm ent_plan aspecif icparcel.Follow ingtheCom prehensiveRezoning,w hichw ill involveadetailedanaly sis andextensivenotif ication,theLandDevelopm entPlanm ap w ill beupdated. * Departm ent:PublicServicesGI S City ofDover,Delaw are

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