Planning Commission Packet Document 12-21-2020

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, December 21, 2020 at 7:00 PM Virtual Meeting AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. VIRTUAL MEETING NOTICE The Planning Commission Meeting for December 21, 2020 will be held only as a Virtual Meeting using WebEx. Representatives of each Project Application will receive a specific invitation to attend this meeting. Regular Planning Commission member participants will receive a specific invitation to attend the meeting as a Panelist. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of December 21, 2020 Dial: 1-408-418-9388 Event number/Access code: 173 776 0093 Event password: DoverPC Event Address: https://bit.ly/PCMeeting122120 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of November 16, 2020 1

PLANNING COMMISSION - December 21, 2020 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date Tuesday, January 19, 2021 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates 2. Update on the Implementation of the City of Dover 2019 Comprehensive Plan 3. Meeting & Deadline Schedule for 2021 Education and Training Opportunities 4. University of Delaware: Institute for Public Administration - Training Opportunities OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval: None NEW APPLICATIONS 5. C-20-04 Kid Clouds Child Day Care at 113 North West Street - Public Hearing and Review of a Conditional Use application to establish a Large Family Day Care serving up to 12 children within an existing building. The property is 0.558 acres and is zoned RG-1 (General Residence Zone). The property is located on the east side of North West Street just north of Fulton Street. The owner of record is the Solid Rock Baptist Church. Property Address: 113 North West Street. Tax Parcel: ED-05-076.08-03-02.00-000. Council District 4. This property was previously subject to Conditional Use Application C-16-01 The Gathering Place Large Family Daycare. The application was granted Conditional Approval by the Planning Commission at their February 2016 meeting, Final Plan Approval on April 18, 2016, and was in operation until October 2018. 6. C-20-05 Bay Pointe Apartments at 1080 and 1106 Bay Road - Public Hearing and Review of a Conditional Use Site Plan Application and associated Lot Consolidation Plan to permit the construction of two (2) Multiple Dwelling-Unit (Apartment) Buildings consisting of a three- story 39,750 SF building with 30 units and a three-story 30,864 SF building with 24 units for a total of 54 apartment units and associated site improvements. The proposed Apartment buildings require Conditional Use review in the C-4 zoning district. The three existing lots to be consolidated total 3.302 +/- acres and are zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road at the intersection with Lafferty Lane. The owner of record is Patel Hospitality Properties. Property Addresses: 1080 and 1106 Bay Road and an unaddressed parcel. Tax Parcel Numbers: ED-05-086.00-01-18-00-000, ED-05- 086.00-01-19.00-000, and ED-05-086.00-01-20.00-000. Council District 2. Waiver Request: Reduction of Arterial Street Buffer and Elimination of Rear Emergency Access. For Consideration: Active Recreation Plan and Request for Cash-in-Lieu of Recreation Area Construction. 2

PLANNING COMMISSION - December 21, 2020 PAGE 3 NEW BUSINESS ADJOURN Posted Agenda: December 11, 2020 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 The Meeting of the City of Dover Planning Commission was held on Monday, November 16, 2020 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mr. Roach, Mrs. Malone, Mr. Hartman, Mr. Baldwin, Mrs. Lord, Mrs. Welsh, Dr. Jones (arrived at 7:13 PM) and Mrs. Maucher. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Ms. Patricia Keller, Ms. Jeanine Kleimo, Mr. Herb Konowitz, Mr. Brian Turner, Mr. Tolano Anderson, Mr. Jonathan Street and Mr. Frank DiMondi. Speaking from the public were Bishop Nelson-Lewis, Mr. John Paradee, Mr. Bennie Smith, Mr. Dave Callahan, Mr. Arthur Giangrant, Mr. Victor Giangrant, Mr. Tolano Anderson, Ms. Cheryl Jenkins, Ms. Christine Mikkleson and Mr. Robert Sanders. APPROVAL OF AGENDA Mr. Adams moved to approve the Agenda tonight, seconded by Mrs. Malone and the motion was unanimously carried 8-0 with Dr. Jones absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 19, 2020 Mr. Adams moved to approve the Planning Commission Meeting Minutes of October 19, 2020, seconded by Mrs. Malone and the motion was unanimously carried 8-0 with Dr. Jones absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, December 21, 2020 at 7:00PM. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on October 26 & 27, 2020 and November 9 & 10, 2020. Mr. Hugg stated that he is pleased to report that Planning Staff has completed a first round review of the Radius Map and proposed zoning of the Comprehensive Rezoning Project that has to happen early next year. The Planning Staff has been working remotely to the maximum extent possible and he should add that because of an outbreak of Covid-19 related issues, City Hall and other City Departments are closed for public access and most staff is working remotely or in some kind of flex schedule that minimizes both their contact with other Staff members that need to be in the office and their face to face contact with customers. We aren’t too sure how long this situation is going to proceed but probably until at least the end of the month. Mr. Hugg also wanted to announce that that Julian and Samantha are both scheduled to take their AICP Exams this week and we wish them great success in doing so. Hopefully they will have their results early next week and we can recognize them for this significant accomplishment. 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 Mrs. Melson-Williams stated that just a reminder to all people listening; City Hall is closed to the public. Departments are operating in a remote fashion or a staffing schedule that minimizes the number of people in the building but still extends services as necessary. So if you are an applicant that has been working with the particular Planner, the easiest way to reach out to us is by email. They are trying to be in the office and man the office at least each morning with a Planner in the office. So reach out to the person that you have been dealing with on your application as it continues to move forward in the process. For those that may need other portions of our Department for services; just a reminder that Permits and Licensing can be reached at our main number of 302-736-7010 or by email at permitsandlicenses@dover.de.us . Likewise, any building code questions can be addressed to that number and email address. The Fire Marshal’s Office is also accessible as well as Code Enforcement. For more detailed information about contacting the greater Planning & Inspections Department as well as the various other City Department, please visit the City of Dover website which is cityofdover.com. the initial splash page is what we call our Covid-19 page and there is a link there; a green button that says Covid-19 Information. If you go to that it will have a listing of updates on various Council Meetings as well as the various City Departments and how they are conducting operations currently. There is also a note there that all of our Boards and Commissions are functioning in a remote capacity by making use of the WebEx system for virtual meetings. All of the access for information for participation in those meetings is found on the City’s website or if you have questions you can reach out to the Planning Office at 302-736-7196 or by email at compplan@dover.de.us . OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW APPLICATIONS Z-20-02 Lands of NCALL at 35 and 39 N. New Street - Public Hearing and Review for Recommendation to City Council for a rezoning application for two adjacent parcels of land consisting of 5,952 SF +/- and 3,877 SF +/-. The properties are zoned RG-3 (Group Housing Zone). The proposed zoning is RG-1 (General Residence Zone). The properties are located at the southeast corner of North New Street and Fulton Street on the east side of N. New Street. The owner of record is National Council on Agricultural Life & Labor Research Fund, Inc. (NCALL). Property Addresses: 35 N. New Street and 39 N. New Street. Tax Parcels: ED-05- 076.08-05-39.00-000 and ED-05-076.08-05-40.00-000. Council District 4. Ordinance #2020-15. Representatives: Ms. Patricia Keller, NCALL; Ms. Jeanine Kleimo, Dover Interfaith Mission; Mr. Swierczek stated that this is a Rezoning application for two properties at the southeast corner of North Street and Fulton Street. Together they are just under 10,000 SF. These two properties 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 had previously come to the Planning Commission for a Rezoning in 2015 to go from RG-1 to RG-3. That was to allow for a townhome development under the zoning guidelines at the time and then a Subdivision again for that townhouse development in 2018. However, those plans were not finalized; therefore, these two properties are in their original plats and are seeking to be returned to the RG-1 zone. The reason for the Rezoning is that the owners would like to develop new single family homes on each of the parcels. They have been vacant now for some time and the previous structures have been demolished. The parcel immediately at the corner of North New Street and Fulton Street is rather limited in size and RG-1 does allow for some administrative waivers for new home construction for single family homes. This is in line with the 2009 Comprehensive Plan and as a note; the members of the Planning Commission are simply reviewing the Rezoning to take it from RG-3 to RG-1. The actual construction of the homes will be done through the regular permitting process. Ms. Kleimo stated that as a board member, she thinks that the Commission knows that NCALL has been a very affective developer of affordable housing in a very responsible fashion and this project is consistent with the Restoring Central Dover Planning Effort and she certainly thinks merits the support of the Commission. Mrs. Melson-Williams read a comment from Ms. Keller. Ms. Keller stated that she was trying to speak but cannot be heard. She has no statement but she does appreciate the City’s support of the Rezoning application. Mrs. Maucher opened the public hearing. Ms. Patricia Keller – NCALL Ms. Keller stated that the two new homes proposed will continue the revitalization of this once very distressed block and that is referring to the block of North New Street. Mrs. Melson-Williams stated that there was an email received on October 29, 2020 regarding this application and it was included in the Planning Commission packet. It says “Hello City of Dover, this is Eric O’Brien here at 30 North New Street. He notes that he would vote in favor of the Rezoning because he likes the idea of helping others and notes that group housing has been very problematic for the neighborhood but says thank you for the recent improvements with the Habitat for Humanity homes and other efforts related to homelessness problems and good luck with everything.” Mrs. Maucher closed the public hearing. Mr. Adams moved to recommend approval to City Council for Z-20-02 Lands of NCALL at 35 and 39 North New Street to change the zoning from RG-3 to RG-1 as the proposed zoning is consistent with both the Comprehensive Plan and the surrounding zoning. He would further mention that we appreciate NCALL’s efforts Downtown, the motion was seconded by Ms. Malone and the motion was carried 9-0 by roll call vote. Mr. Adams voting yes; for the reasons stated in the motion. Mr. Roach voting yes; for reasons previously stated. Ms. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; based on what Mr. Adams has 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 already stated. Mr. Baldwin voting yes; it is consistent with the Comprehensive Plan for mixed use. Mrs. Lord voting yes; she loves to see revitalization of blighted areas in our community. Dr. Jones voting yes; she concurs with the comments made by Mr. Adams. Mrs. Welsh voting yes; for the reasons stated by Mr. Adams and she too concurs with the fact that it’s good to have development and is very much appreciative to have NCALL to work on that. Mrs. Maucher voting yes; for reasons previously stated and she also welcomes this redevelopment as it is much needed. Z-20-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street - Public Hearing and Review for Recommendation to City Council for a rezoning application for a parcel of land consisting of 1.0853 acres (47,275.3 SF +/-). The properties are zoned C-3 (Service Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is IO (Institutional and Office Zone) subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of West Division Street and opposite the intersection with Ridgely Street. The owner of record is Silver Linings Holding Corporation c/o Tolano Anderson and the equitable owner is Dover Interfaith Mission for Housing. Property Address: 630 W. Division Street. Tax Parcel: ED-05-076.08-01-40.01-000. Council District 4. Ordinance #2020- 16. Representatives: Ms. Jeanine Kleimo, Dover Interfaith Mission; Mr. Herb Konowitz, Dover Interfaith Mission; Mr. Brian Turner, Mountain Consulting Mr. Swierczek stated that this is an application to rezone the property at 630 W Division Street from C-3 (Service Commercial Zone) to IO (Institutional and Office Zone) while maintaining the COZ-1 (Corridor Overlay Zone). The COZ-1 being an adding zoning measure with added physical aesthetic requirements. The owner is doing this as they are purchasing the property for the previous owner who will stay on as a tenant. There was a church that had offices there and they will stay on at least in part of the space to keep their offices there. There are no physical changes proposed to the site; it is already developed. However the main reason for the Rezoning is to accommodate an emergency shelter to transitional housing which is a permitted use in the IO (Institutional & Office Zone). That is in line with land use matrix as adopted in the 2019 Comprehensive Plan. This is only to allow for the use to occur; to establish the use will still be an administrative process with the City. This is only to allow that process to occur. Ms. Kleimo stated that they currently occupy on a leased basis at a nearby property on Forest Street where we currently operate a shelter, offices and a day time resource center. These same facilities that currently exist in the neighborhood would be relocated to this site. Mr. Tolano Anderson is also on the call as he is a representative of the Silver Linings Holding Corporation and currently has is offices in the building. He has been extraordinarily corporative with us and will continue to have his offices in the building. We have been working closely with the City and Mountain Consulting to ensure that the proper steps have been taken to acquire this facility for this propose and she is happy to answer any questions about the operation of the building and how this would be done. Mountain Consulting has provided a Site Plan and Mr. Brian Turner is here to address that plan if there are questions about it. Mr. Turner stated that he wanted to speak to the existing utilities that are there at Division Street. 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 There is currently a 12 inch water main that currently serves the existing building and there is a fire hydrant also located directly across the street about 122 feet from the front door of 630 West Division Street. Ms. Kleimo has also been working with a local contractor, Bayside Fire Protection on doing an assessment to have the building sprinkled in the future given that the plan does receive the Rezoning approval. That fire hydrant is capable of receiving 1,000 to 1,500 gallons per minute of firefighting flow. There is also a 12 inch sewer main that is in Division Street so these mains for both water and sewer are on the larger end of the mains that currently exist within the City’s utilities system. There is also a combined entrance for this site. The entrance is thirty-four feet in width and it serves both the existing buildings and the automatic and the self-service car wash and the self-storage which is located in the rear of the site. DelDOT has gone through and made several pedestrian improvements, created bike lanes, sidewalks on each side of Division Street and there is also a DART bus stop which is located 56 feet from the front door of this site. There are certainly adequate utilities and safe public transportation to access at the current site. Mr. Anderson stated that he thinks this is a great and positive project and he really loves the program. He sees what Dover Interfaith has done our community. The fact that they have been so able to affectively provide shelter and subsidence and homeless transition housing; you couldn’t find a better property or project with this much capacity anywhere in the City or even in the County. He thinks that it is an ideal situation and he thinks that it answers and resolves a lot of significant issues in our community. He owns two properties directly across the street from this property at 627 & 629 West Division Street. As a property owner and a business man, he does not see any negative impact as a result of what is going to transpire here. That is partly based on the fact that the services and the professionalism of the people that are providing the service running this company is just outstanding. He has another thirteen properties in the City within 1,000 feet of this property and a total of 20 properties located within a quarter mile of this property. He understands what they are trying to do and he understands what this project is designed to do and he is in favor of it. He doesn’t see any negative impact because of how the program is going to be run. He and his staff are going to remain in that building as well adjacent to the operation that Dover Interfaith is running. He has seven employees full time and two employees part time and they are going to stay there as long as Dover Interfaith will allows us to use the space in there as well. Mr. Konowitz stated that he has been with Dover Interfaith for twelve years. He has seen what they can do with men to better themselves. Presently we are in 684 Forest Street and they are renting the property from Downtown Dover Partnership. They have a lease with them which will be up at the end of the New Year in December. They have to move and the City would like to see us move. They have served in the period of time that he has been there, over 3,000 men and he thinks that they have done an adequate job. They want to expand and they ask for the Commission’s positive vote tonight. Ms. Kleimo stated that she thinks that they have had a very successful record; they cannot control all of the homeless people who might come in and out of Dover but they are hoping that this will provide more space for sheltering them, for training them and for assisting them in a variety of ways. They have increased their services over the years so that we have a wide range of wraparound or comprehensive services so that they can change the lives of the people who 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 come to us at Dover Interfaith. They don’t just come for a night; they come to reside in the building for a period of time in the program. More than 70% of them leave with stability, with employment, with housing opportunities in the community and become productive members of our local society. There are a couple of other board members on the call, Mr. Dave Callahan and Bishop Nelson Lewis who may have further comments. Mr. Hartman thanked the applicant for what they are doing in Dover. They know that it is a hard job. Reading the concerns of the adjacent businesses that have been there a long time, if you have a resident that is giving those businesses a problem, is there anything that you can do about that? Responding to Mr. Hartman, Ms. Kleimo stated that one of the things that they do is that they have quite a strict set of rules. One of them is no panhandling so that they do provide the needs of the men who are residing with us. They get the meals that they need, we help them with clothing and access to medical care and a wide range of services so there is no need for them to be bothering other people. They do often have a number of people who reside in the shelter at any given time who have been incarcerated in the past but our record of keeping them out of prison is very substantial. It is a rare event for someone who comes into our program to return to incarceration and nearly all of those have events have been the results of violation of probation such as staying out too late at night or being in the wrong place rather than any criminal action. They would want to work with the surrounding property owners to ensure that there is no harassment or panhandling or other behavior that they would find undesirable because we also find it undesirable. They also don’t let men just hang out around the building. They have plans to provide for some sort of protected area for smoke breaks or recreation but with such a large building, they have more indoor space for television, games and recreation of general nature. They don’t allow their residents to just be hanging around outside and being a nuisance. Mr. Hartman questioned if one of the residents was giving the funeral home a problem, they could call you and you could address it? Responding to Mr. Hartman, Ms. Kleimo stated absolutely. They also have an excellent relationship with the Dover Police Department. She has met with the new Chief and one of our staff members is on his Advisory Committee that he has set up so that when there is an incident of belligerent behavior, sometimes they have had people who have come over from the street to pick a fight, then they call the police immediately. Anyone who is in the building who engages in any behavior like that is put in the hands of the police as soon as we find out about it. Mr. Lord stated that she lives State Street right next to the Oxford House and when they learned that our neighbors had sold the house next door to us to the Oxford House, they were quite frankly freaked out because they had no idea what to expect; they imagined the worst. It is a similar sort of setup but it is self-policed so they don’t even have someone looking out for them other than themselves so they hold each other accountable. She can tell you that they have had absolutely zero problems and they have been there for 2.5 years. They know most of them; they say hi and we say hi and they keep up the house. She knows that everyone is leery and she can understand because they did the same thing. She would say to the other Commissioners and the property owners around this particular property, just give them a chance and they have been doing this work for a while and they know how to handle it and they have the direct communications to law enforcement and the rules are very clearly understood. It has been her experience as a homeowner on State Street that you can coexist with people who are just trying 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 to better themselves. Dr. Jones asked the applicant to talk about the professional office space combined with temporary housing. She helps serve with her church over there and is familiar with the program and services of Dover Interfaith and there is such a broad range of services. She is curious how logistically this is working. Responding to Dr. Jones, Ms. Kleimo stated that the building would be divided into four parts. Half of the downstairs would be the shelter and above it would be some longer term supportive housing for people moving up literally from the shelter. The other ground floor area would be the resource center and offices for the organization for Dover Interfaith. Upstairs would be offices currently operated by and leased in part by Mr. Anderson and his company. They would have an entrance that would not give them access or our residents access to the second floor office. They have talked with both Mr. Anderson and the architect about ways to segregate the facilities so that the office space is not accessed by any residents or users of the building and neither would they freely come and go from the shelter. She thinks that the building lends itself to that plan so that if you and your church were to come back, they would have a designated space; that resource center corridor on the ground level where the commercial kitchen and the food and training rooms and so on would be located and there wouldn’t be any interaction with the office space that would be used by other agencies. Dr. Jones stated that she is just sort of wondering why not the entire building is being used. Responding to Dr. Jones, Ms. Kleimo stated that it is a matter of affording the entire building and also Mr. Anderson and others have done quite a lot to create local office space in the building which they have reason to want to continue to use. Mr. Anderson stated that Ms. Kleimo covered it very well. We have outfitted our space very nicely and that is why we requested to stay on in this facility. We have a separate entrance and our suite has its own restroom that has a kitchenette and everything that we need. It also keeps us in the community where we serve people. This particular ministry supports a group of housing units Downtown just off of New Street. Some of the staff may remember it as Progress LLC. There are several commercial and residential units. It keeps up close to the community as well as some of our other clients and we really like it there. They don’t have any concerns because they have seen how Dover Interfaith runs their business. The love it and the price point is good. Dr. Jones questioned if this space is being leased by Mr. Anderson currently? Responding to Dr. Jones, Ms. Kleimo stated yes and he would continue to lease that office space and we have altered the design so that it is separate from the rest of the operation. Mrs. Maucher opened the public hearing. Bishop Nelson Lewis – 47 Westover Drive Dover DE 19904 Bishop Lewis stated that before he became a board member of Dover Interfaith, he is the current Pastor of a local church Mt. Caramel which is down the street from the current location and the proposed location. Our collaboration began several years ago when Code Purple first came to Kent County and his church was one of the first churches that opened our doors for the homeless during the winter months and that is where he has the opportunity of meeting Ms. Kleimo and Mr. Konowitz and began to work closely with them and the Interfaith Mission. He found that the 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 Interfaith Mission wasn’t just a shelter for the homeless but they also had a great impact in transitioning the lives of many of the homeless back to the workforce and becoming very productive in the community. He is hoping and prayer for a favorable decision and they can continue on the great effort and the accomplishments that are being conducted and carried out by the Interfaith Mission. Mrs. Melson-Williams stated that Mr. John Paradee submitted a letter that was delivered to the Planning Office as correspondence in regards to this application. The letter is dated November 13, 2020 and he notes that he is representing Bennie Smith Real Estate LLC and Bennie Smith individually as owner of several parcels of land in the immediate area. The Planning Commission members were forwarded this letter and she will reference it for the record. The Planning Office also received today, a Protest Petition in Opposition to this Rezoning application and it was signed by two individuals, Mr. Bennie Smith and Mr. Victor Giangrant with addresses at 717 West Division Street and 805 Forest Street. A copy of that Petition was also forwarded to the Planning Commission members and is available on the screen. Mr. John Paradee – Baird, Mandalas & Brockstedt – 6 South State Street Dover DE 19901 Mr. Paradee stated that he represents Mr. Bennie Smith and Bennie Smith Real Estate LLC, the owner of several parcels located across the street from 630 West Division Street. He also represents Mr. Victor Giangrant, the owner of the West Side Car Wash which is immediately to the west of the subject property. His clients are concerned that the site of this proposed use located in a highly developed area of Division Street which has improved by a number of businesses that have been operating in the area for a long time and he certainly knows that Mr. Konowitz and Ms. Kleimo are good and honorable people and he believes that their mission and cause is a noble one but unfortunately his clients believe that the use proposed by this application, an emergency shelter and transitional housing is simply incompatible with the long standing businesses in the area. They are concerned that the introduction of a substantial number of transient residents into the neighborhood will create serious conflicts with the businesses in the area notably congregating, loitering, traffic safety risks and enhanced risks of criminal activity. His clients respectfully submit that the proposed use is incompatible with the existing uses in the neighborhood and that adequate public services and infrastructure do not exist to serve the demand that would result from that conflict. He would point out for the record that Mr. Giangrant has told him that panhandling is already going on at his business and he has to chase people off of his property constantly. The concern here is that by expanding this use, by moving it across the street onto this property and dramatically increasing the size and the magnitude of the operation which by the applicant’s own admission, they have difficulty controlling some of these homeless people and it is even more concerning he thinks to learn tonight that they often have formerly incarcerated prisoners in the facility and he thinks there was mention of examples of belligerent behavior in the past. Those are the kinds of threats and concerns to any business operating in the Downtown area that ought to cause everyone some concern. He would like to give Mr. Bennie Smith and Mr. Victor Giangrant an opportunity to give examples of these instances. But for example, Bennie Smith’s Funeral Home has a number of funeral services throughout the year on a regular basis at his property where people are decked out in their Sunday best and they are coming there for a very somber occasion and the risk of conflict with these gentlemen who may be in the neighborhood on a transient basis with no real investment in the community is a great concern to that operation. Same thing for Mr. Giangrant’s car wash 8 11

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 operation; he has mentioned that he has had trouble with people on his property causing problems and he hopes that Mr. Giangrant will talk a little bit more about that. They did submit a Protest Petition and the reason for that protest in writing is pursuant to Title 22 Section 305of the Delaware Code which requires a three fourths majority vote of the City Council in the event that the owners of properties comprising 20% or more of the area immediately surrounding the subject property if they submit a written protest, then that three fourths majority is required and he would submit respectfully that between Mr. Smith and Mr. Giangrant, they own close to 50% of the property in the area. It is also his understanding that the gentleman who owns and operates the Mini Storage Facility to the east is likewise opposed to this application for Rezoning. Mr. Bennie Smith – Bennie Smith Funeral Homes 717 West Division Street Dover, DE 19904 Mr. Smith stated that they have a concern that they are going to have more cars broken into. They find people sleeping in some of the cars. Most of our people are elderly people that have to walk up the sidewalk with walkers and canes. Even himself, when he goes out to get in his car someone in the neighborhood is knocking on his window asking for something to eat. If they are doing that to him, he certainly would think that it would be a problem for one hundred people or more that are coming in for a funeral or viewing. He has great concern that it will affect his business. Mr. Dave Callahan – 23 Clark Court Dover DE 19901 Mr. Callahan stated that he is a member of the Board of Directors for Dover Interfaith Mission for Housing. He has seen first-hand the tremendous impact that the shelter has on changing lives for the better. He fully supports this application for a Rezoning. Mr. Arthur Giangrant – West Side Car Wash - 805 Forest Street Dover DE 19901 Mr. Giangrant stated that he would like to follow up with Mr. Paradee’s statement. They already have a lot of problems with panhandlers. A lot of people come to our lot and really give our customers a hard time. They are worried that it’s going to be a bigger issue with a lot more people in the area. They have a lot of automobiles traveling on their property and at this point we have a lot of transit traffic, currently people walking through their yard bumming cigarettes and trying to ask our customers and employees for money. It already is a safety issue for us and they are worried that a lot of extra people in the area will cause a lot more safety concerns as far as traveling in our parking lot. He thinks that it is a great idea; he just doesn’t think it works in this location. There is just too much going on as far as panhandling and prostitution. They try to do our best to kick them out and to call the police but at some points we can be overwhelmed and we believe that we will be even more overwhelmed if this comes through. Like he said, he thinks that it is a fantastic idea it’s just not the correct location for this facility. Mr. Victor Giangrant – West Side Car Wash – 805 Forest St Dover DE 19901 Mr. Giangrant stated that they have been at this location for 39 years. We hire an awful lot of homeless people and he is proud to say that they have turned their lives around but he doesn’t believe that a shelter should be located directly next to a car wash. They have had some many problems in the past with panhandlers that have come into our establishment to go the restroom and making a mess out of the place and take the toilet paper off of the wall. We have a lot of running vehicles in the yard. The way the vehicles are designed in today’s world is that you have to have a key fab inside of them and you have to leave them running otherwise they will put 9 12

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 themselves in park and we would not be able to clean them as far as going through the car wash system so we have to keep vehicles running. They come out at the other end and are still running. We have a lot of people cutting through our yard, watching the operation, panhandling our customers and if we add more people to this, it will just amplify the problem. They have been here a long time and sometimes it’s struggle and it’s embarrassing to have to shew off homeless people and they get arrogant sometimes. He likes the idea but he doesn’t think that it fits in the neighborhood. Also there is a school close by and he doesn’t know how that affects the zoning. It is about 2,000 feet away and that should also be taken into consideration. Mr. Tolano Anderson – 50 Dove Creek Drive Dover DE 19901 Mr. Anderson stated that he wanted to point out something that is erroneous information concerning the layout of this property. Because of the way it is situated and the way it is fenced, the issue that Mr. Giangrant was referring to, they haven’t had any of those problems and we are literally right next door. He is not sure what the draw is but he doesn’t think that Dover Interfaith should be penalized or punished for behavior of unrelated persons on other properties because they make great efforts to manage their people and to manage their program. He mentioned earlier that that he has two businesses directly across the street from this property right next door to Mr. Bennie Smith’s property and he does not have those problems either. He doesn’t have anyone breaking in, getting into cars or panhandling. His staff parks at the front of the property and they don’t have any of those issues at all and they haven’t had any situations or confrontations or anything like that. He just wanted to point out that there is a difference and it may have a lot to do with factors that maybe we are not all considering here. Cars cannot travel between this property and Mr. Giangrant’s property because it is completely fenced off. This property has one way in and one way out. He wanted to point this out because his business in this building has had none of these issues. Mrs. Maucher closed the public hearing. Mrs. Welsh stated that hearing the comments about panhandling made her wonder if the people who are using the services at Dover Interfaith, would they be there all day and would they have free time to be standing around panhandling and activities such as that? What would their typical day be like? Responding to Mrs. Welsh, Ms. Kleimo stated that everyone in our program is prohibited from panhandling and face eviction if they do that because their needs are met. During the day, they have access to facilities. We have case managers who work with them and provide training in things like managing their money and opening a bank account. They also coach them so that they can go out on job interviews. We help them job applications so that their days should be occupied in that process of looking for work and looking for what is next in their life and preparing for it rather than loitering, wandering around and panhandling. As she mentioned, they can’t control other people in the community who might panhandle. They have had a number of men successfully gain employment in the West Side Car Wash while residing in the shelter until they can save up enough money to move on. She would hope that would continue, in fact they have prohibited car washing at the shelter out of respect for the car wash so that they don’t detract from their business. They don’t allow people to be parking cars and sleeping in them or things of that nature. In fact, very few of our residents have cars. They are not really transient people. When they come in, they are usually there for period of time, often as long as ninety days. The average is more between fifty and sixty days that is takes them to go through the case 10 13

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 management process and find a job, save money and be able to move on but they should be fully occupied with those tasks. Mr. Konowitz stated that they have been doing this for 12 years. Our reputation means a lot to us and the type of people that you are talking about, they don’t tolerate at the shelter. The people that you think that you are talking about are the people that are Downtown presently, urinating in the galley and defecating on buildings. We don’t have those kinds of people. They have a reputation for running a tight ship. Mrs. Malone stated that about nine years ago, she and her husband lost all of their living parents within one month and they had a couple houses that they needed to clean out. She contacted the Dover Interfaith Mission and they had a gentleman that had just gotten a job and had just gotten his first apartment and he had his children on a temporary basis, but they were sleeping on the floor. She told him that if he could get a truck and come to one of the houses that they would donate whatever furniture that he needed and he showed up at the time that they agreed and he and a friend packed that truck. He was so grateful and so thankful. She has volunteered in there before and she just really finds it very hard to believe that the people that have been mentioned that are causing issues on this street are coming from the Dover Interfaith Mission because those are not the people that she has ever been affiliated with. She thinks that it is a really great program. Mrs. Malone moved to recommend approval to City Council for Z-20-03 Lands of Silver Lining Holdings Corporation at 630 West Division Street to change the zoning from C-3 (Service Commercial Zone) to IO (Institutional & Office Zone) and remaining subject to the COZ-1, seconded by Mrs. Welsh and the motion was carried 8-1 by roll call vote. Mrs. Malone voting yes. Mr. Hartman voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes. Mrs. Welsh voting yes; it is in compliance with the Comprehensive Plan. Mrs. Lord voting yes; a rising tide raises all ships. Mr. Adams voting yes; he encourages Mr. Smith and Mr. Giangrant to continue the conversations with Dover Interfaith Mission and try to make sure that they all can get on the same page. Mr. Roach voting no; he loves all of the work that Dover Interfaith Mission does. He loves all of the development that Tolano Anderson has been doing around this area but he would have to agree with Mr. Smith and Mr. Giangrant, just being an employee of at Booker T Washington Elementary and knowing that it is directly a walking route for kids to go home, he definitely feel as though we need all the help that we can for men and transitioning but for him to have those concerns by 50% of the land owners in that area and him being a parent and a teacher in that area, he does not feel as though that is a good use at all. Mrs. Maucher voting yes; it is consistent with the Comprehensive Plan. S-20-12 Walker Pavilion at 101 Mont Blanc Boulevard - Public Hearing and Review of a proposed Site Development Plan Application to permit the construction of a new 24,657 SF office building, parking, and other site improvements. The parcel totals 2.61 acres +/- and is zoned CPO (Commercial and Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone). The property is located on the southwest corner of Walker Road and Saulsbury Road, and east of Mont Blanc Boulevard. The owner of record is Moore Walker Road, LLC and equitable owner is KD Management, LLC. Property Address: 101 Mont Blanc Boulevard. Tax Parcel Number: ED-05-067.19-04-52.00-000. Council District 1. This property was previously 11 14

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 subject to Site Development Plan Applications S-05-18, S-06-46 as well as S-09-19. S-09-19 Walker Pavilion at Four Seasons was granted Conditional Approval by the Planning Commission in October 2009 and obtained Final Plan Approval on August 15, 2011. Construction however never commenced, and the Plan expired in 2012. Representatives: Mr. Jonathan Street, Becker Morgan Group; Mr. Frank DiMondi Mrs. Bulkilvish stated that this is a project located on the southwest corner of Walker Road and Saulsbury Road and is addressed as 101 Mont Blanc Boulevard. It is a two story office building parking, landscaping and other site improvements. It is part of the Four Seasons Development; it is mostly residential development with four commercial parcels fronting on Saulsbury Road that all of access off of Mont Blanc Boulevard. As it is in the Combined Highway Overlay Zone, there are stricter, more stringent standards that are required for the design of the property including increased pedestrian access, increased landscaping buffers and more thought out architectural standards for the building itself which all of these are addressed on the plan. This plan has some history with the Planning Commission. This property was under review under Site Plan S-05-18; at that point it was call _____ Medical Pavilion. The Planning Commission reviewed and approved that application on December 30, 2005. That Site Plan subsequently expired and was reintroduced as the Walker Medical Pavilion as Site Plan S-06-46 and that plan expired again on December 30, 2008. An application for Rezoning was unsuccessful in the spring of 2009. A Site Plan for development S-09-19 Walker Pavilion at Four Seasons was approved on August 15, 2011 after an extension was granted and despite getting Final Approval on that Site Plan, no construction took place and therefore has expired again. This plan before you this evening is almost identical to that last Site Plan that was approved in 2011. Some of the things that have changed since then in the Zoning Ordinance which now this plan has to be brought up to date with, are parking requirements as they have actually been reduced. The parking requirements shown on the plan are what is met by the previous parking standards so this project does have adequate parking. The other thing that has changed since this plan was last approved is the pedestrian connections within the site itself. Staff’s only recommendation for the applicant in the DAC Report was to improve that pedestrian connection that comes from Mont Blanc Boulevard. There is really no pedestrian protections crossing the parking lot to get to the front door of the building so Staff recommended putting a designated pedestrian crosswalk, some kind of striping or decorative concrete that would designate a pedestrian walkway to go across the parking lot and then through the island in front of the door leading to the front door. The applicant has also submitted architectural of the building which is also a requirement when submitting something for review in the COZ-1. Mr. Street stated that this project has a long history and this is a perfect example of a previous project that has been approved multiple times but has kind of sat on the shelf waiting for someone to pick it up and develop it. What you are seeing is a previously approved plan that needs to come back through and gain approval and they are here ready to do that. Mr. Adams questioned if Staff was recommending that there be some sort of dedicated walkway that comes through the middle of the grassy island in the front? Responding to Mr. Adams, Mrs. Bulkilvish stated yes, currently there is a sidewalk that is near the entrance of the property along Mont Blanch Boulevard and it kind of dumps pedestrians in the middle of the parking area. If 12 15

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 they could provide some kind of designated stripping or something that would alert vehicles to pedestrian crossing. Mr. Street stated that they are in receipt of the Planning Office’s report and they really have no comments on it. They had a comment at the DAC Meeting and Staff made adjustments so that they are in compliance so they are agreeable to the recommendation itself. The pedestrian path that Mrs. Bulkilvish is from the entrance up through Mont Blanc Boulevard to the main entrance of the building. They had discussions on how they could amend the plan at DAC and we are agreeable to that and able to provide that connection. Mrs. Maucher opened the public hearing. Ms. Cheryl Jenkins – 55 Eiger Court Dover DE 19904 Ms. Jenkins stated that she was kind of just listening in because she didn’t recall what they were doing with that property so she was more or less just interested in hearing the proposal of what is happening at that establishment. Responding to Ms. Jenkins, Mrs. Melson-Williams stated that this is a proposal for an office building. Ms. Christine Mikkleson – 134 Matterhorn Drive Dover DE 19904 Ms. Mikkleson stated that her concern is the traffic that is going to be on Mont Blanc Boulevard. We have a day care that at 8 or 9AM when children are dropped off, they park on the entire north bound lane of Mont Blanc Boulevard. Our neighborhood did get a petition that they cannot park on the other side but by the time you get cars parked on one side of the road, you get cannot have two cars passing on that road, especially on that curve just as this building is going to have their entrance in. It’s a dangerous curve. The school buses have problems and with the day care coming and going in the mornings, it’s just very hectic on Mont Blanc Boulevard. Mr. Robert Sanders – 61 Eiger Court Dover DE 19904 Mr. Sanders stated that with regards to this proposal for a new office building, it is currently proposed for the entrance to be right at the back of Mont Blanc Boulevard as already discussed but it is also very close to another intersection at the very end of Matterhorn Drive. That could possibly be a traffic concern in addition to the small kids that walk past there. In addition, they have three other commercial buildings right next to this proposed office building so we already have parking issues to begin with and now they are proposing to add more parking issues and the traffic is going to increase significantly. Overall, they generally don’t know much about this project itself; this is the most that he has ever heard about it. He is an active board member of the HOA and this is a concern of ours. He sees that the project itself has expired a couple of times and here we are again. He has no idea of the time line for this project but again overall, these are the concerns that he has and he echoes the concerns of his other two HOA members regarding the traffic because it is a problem already. Dealing with this proposed office building is only going to enhance those concerns that we have at this moment. Mrs. Maucher closed the public hearing. Mr. Adams moved to approve S-20-12 Walker Pavilion at 101 Mont Blanc Boulevard as submitted. He knows that he speaks for many when he says that he will be anxious to see this 13 16

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 parcel developed as it’s been vacant for quite a while now and given the past approvals that this project has received and the current status of the plan that includes off-street parking. He thinks this will be a welcomed addition to the neighborhood, seconded by Mr. Hartman and the motion was carried 9-0 by roll call vote. Mr. Adams voting yes; he knows that Mr. DiMondi has a tracked record of developing in the City and has done a great job and he expects that would be the same in this case as well. Mr. Roach voting yes; due to the parking requirement only requiring eighty-two spaces and they are proposing one hundred twenty-seven spaces. He thinks that this will be a welcomed addition to this neighborhood. Mrs. Malone voting yes; for reasons stated. Mr. Hartman voting yes; based on the findings of the DAC. Mr. Baldwin voting yes; for reasons previously stated. Mrs. Lord voting yes; based on the reasons previously stated. Dr. Jones voting yes; she is looking forward to the development of that piece of property. Mrs. Welsh voting yes; for reasons previously stated and she is looking forward to seeing that building because it looks beautiful and Becker Morgan Group always does such a thorough job. Mrs. Maucher voting yes; she appreciates the applicant’s willingness to add that pedestrian walkway. She thinks that is an important addition and also for the reasons previously stated. MI-20-04 - Text Amendment: Short Term Rental Uses – Public Hearing and Review for Recommendation to City Council of Text Amendments outlining provisions for Short Term Rental Use (STRU) by amending Chapter 22 of the Dover Code of Ordinances, Article 12 - Definitions of the Zoning Ordinance, and Appendix F – Fees and Fines. This Ordinance establishes an annual licensing process and regulations for Short Term Rental Use of any one family dwellings for a duration of a temporary occupancy of less than 30 days. This proposed Ordinance amends definitions; establishes guidance on registration and inspection requirements; outlines owner obligations and limits on occupancy and use; and creates guidelines for enforcement, fees and penalties, and reporting. The text amendment of the Zoning Ordinance amends the definition of “family.” Ordinance: Staff Substitute #2 with CCW #1 for Ordinance #2020-05. Representatives: None Mr. Hugg stated that in the packet tonight is a relatively long explanation of why we are doing what we are trying to do with this Ordinance. Short Term Rental Uses are typically commonly referred to as Airbnbs or there are a number of other commercial corporations that basically involve an individual or family renting a property as a temporary accommodation; generally for a couple of days or maybe a week. They are often used for things such as the family coming to Dover for Dover Downs or for the music festival or Dover Days or some event of that nature. This is an area that nationwide has become a significant concern, particularly in established residential neighborhoods where property owners for whatever reason chose not to enforce regulations and standards or standards on their renters. As a result, situations like noise, trash, parking and a variety of other kinds of concerns disrupt a quiet and established neighborhood. We are fortunate in Dover that we have not had a number of these but we have had enough in the last couple of years that we really thought that some kind of licensing and an approval process was necessary. We have been walking this line for probably almost a year now trying to figure out what kind of regulatory scheme might make sense. He is going to read the purpose of this Ordinance because he thinks that is probably where the most significant focus is what they are trying to do. “The City of Dover wishes to permit the limited and temporary rental use of one 14 17

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 family dwellings (residences) in established areas of the City as an economic asset, allowing for increased travel, visitation and tourism and affording property owners of the opportunity to earn revenue from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood character is not compromised, and that such businesses are properly operated and maintained. The purpose of this Division shall be to minimize public safety risks and public nuisances, such as noise, trash and parking problems; to ensure that traditional neighborhoods are not turned into tourist areas to the detriment of long-term residents; and to ensure that individual dwellings are not turned into pseudo hotels or party houses.” This Ordinance does a couple of things. From a Planning Commission standpoint, the only areas that fall specifically under your jurisdiction is that we need to tweak a couple of definitions in the Zoning Ordinance. The definition of “family” some years ag, had the word “non-profit” put in it. We aren’t quite sure what that means but in the context of regulating short term rental, the word “non-profit” is probably unnecessary and maybe sort of counter intuitive. The second change in the Ordinance is to add a couple of words to the definition of “lodging house.” Which again, lodging use is referred to in a couple of additional places in Dover Code. But there was some terms like “inn” and “boarding house” that need to be part of that same definition so that we are consistently applying it. The other part of the Ordinance is to setup much like we do with the part of the Code that deals with rental housing; this is where someone rents a house and leases it to someone for a long-term rental. This is to setup a companion section of the Code that deals with Short Term Rental Uses and sets forth some standards for the behavior of owners and their visitors. The one significant provision that he would call to your attention is a response to a problem that is happening not only in Dover but nationwide. Very frequently, we are finding that outside corporations and non- resident property owners are buying these properties solely for the purpose of using them for a Short Term Rental purpose. They are avoiding most regulations; they are falling outside of the restrictions that apply to a normal bed and breakfast inn which our Ordinance very clearly addresses, and falling outside of the regulations that would apply to hotels and motels and those kinds of accommodations. This Ordinance is drafted so that while we encourage Short Term Rental Uses throughout the City and that opportunity is limited only to people who are owner occupants of property in the City of Dover. That eliminates the possibility that someone from Ohio or somewhere else would buy a property in a neighborhood and regularly rent it for short term purposes. That in fact, has been a recurring issue in the City of Dover. In the interest of being totally open with the Commission, there is one unresolved issue that he has asked that the City Solicitor look at. This Ordinance provides some language dealing with the occupancy. The Fire Marshal advised me that the National Fire Code has a somewhat different standard. Not only do those two potentially conflict with each other, but he looked quickly at Ordinances that relate to Short Term Rental Uses downstate in the coast area and for whatever reason, they are exempted from or not covered by the same Fire Code. He has asked the City Solicitor to help him clarify that language but he would ask tonight that if you agree with the intent of the Ordinance to recommend it with the understanding that a correction to that part of the Ordinance will be made before Council takes final action. During the course of developing this Ordinance, they met with some people who are actually owner/operators of Short Term Rental Uses. They took part because they were concerned about the regulations. They also 15 18

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 talked to the hotel and motel people and met with the Kent County Realtors, the Kent County Tourism Bureau and the Kent County Chamber of Commerce. This Ordinance is a reflection of the amount of discussion with them to try and ensure that we encourage these kinds of tourist related uses but don’t let neighborhoods be damaged by party houses and other kinds of activities that create disruption. Mrs. Melson-Williams clarified that the bulk of this Ordinance is actually part of what she calls the main part of Dover Code; it is not in the Zoning Ordinance. The only portion that is in the Zoning Ordinance is the definition of “family” that needs to be tweaked to remove the word “non-profit.” The only other link to zoning is that this would be permitted in one family dwellings. It really sets up a licensing program and that is covered under the main part of Dover Code. Mrs. Maucher stated that she was interested in the comments by the Code Enforcement Supervisor and there are some pretty good questions that aren’t really answered. In Section 22- 357b - clarify what they are inspecting. If she chooses to rent out her home, are they inspecting her entire home or just the rooms? Is that something that needs to be clarified? Responding to Mrs. Maucher, Mr. Hugg stated that one of the things that would have to happen after the adoption of this Ordinance is a licensing document. That document would describe the portion of the property that would be subject to the license; it is both actually. There are a number of properties that they are aware of that the entire house is subject to the Short Term Use. he knows of at least one where the residents regularly take a short vacation when Firefly is happening and they rent their entire house out to people for the event. That used to happen with Dover Downs races as well. If you search on the web for Air BNB’s near Dover, you will find that there is an array of offerings, from single rooms to a couple of bedrooms to entire properties. One of the things that they will definitely need to identify in the licensing provisions is what portion of the property that the people are licensed for. If they do not obtain a license, what is the recourse? The recourse is the same as if they don’t obtain a Rental Permit now. We ultimately can fine them. Mrs. Maucher questioned if the fines turn to liens on the properties if they are not paid? Responding to Mrs. Maucher, Mr. Hugg stated that they would become a lien after a period of time. The authority is the same as a Rental Permit and is granted in this Ordinance. They had talked to the Police Department. This is an issue that we have had repeatedly; and this is why for some of these they are trying to add some standards. Most often what happens is that we have a disorderly property, we call the Police Department, the police come, and they quiet down or move their cars or we hear about it on Monday morning when the uses have ended. They have talked to the Police Department at length about not only these kinds of areas but also in some of the issues that they have with Downtown where aggressive ticketing is going to be necessary to get them message across to people in some cases. He is hoping from the discussions, the owners of these properties, most of them would welcome a set of standards that they could apply. It strengthens their hands in being able to say to somebody that they have to quit doing what they are doing. He does know that recently there was an article that the Airbnb company actually changed its standards to make them much tougher and give owners much more leeway in dealing with what they call “party houses” or houses that were rented by large groups of people for 16 19

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 weekend parties. Mrs. Maucher stated that it also mentions a Good Neighbor Brochure. Is that something that is under development? Responding to Mrs. Maucher, Mr. Hugg stated it is. He has actually wanted to do this for the rental side as well. We have a number of pamphlets that we give out to people and make available on the website, but we really don’t have one that sets forth “how to be a good neighbor” and that will be something that will also be finalized. The Ordinance has a period after for adoption but assuming that City Council ultimately does adopt it, then we will definitely have a new license document and a Good Neighbor Brochure. He has seen a couple that other municipalities have done and they are relatively straight forward with saying this is what is expected and here is who you call if you have a problem. Mrs. Maucher stated that under Section 22-360 – Enforcement Fee, Penalties, Reporting. She sees that under Item D that talks about a suspension of a license and then there is some voluntary reporting that you are asking for but there is no mention of what happens if that reporting is not completed. Is there consideration to not renew licenses if some of the things are not complied with? Responding to Mrs. Maucher, Mr. Hugg stated that if we have a situation where someone has a license and we have multiple complaints or issues, one of the options is to prevent them from renewing the license or to lift the license. They can suspend it just as they do now with other dwelling units. They chose not to make the reporting mandatory because they just felt that their interest is mostly to gather information and not to create the potential that we are just out to get revenue or that we are trying to get into how people use their properties any more than we otherwise would. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to recommend approval to City Council for MI-20-04 Text Amendment: Short Term Rental Use considering the fact that there are still ongoing discussions between the Fire Marshal and the City and they we are waiting on resolutions on those, seconded by Mrs. Malone and the motion was carried 9-0 by roll call vote. Mrs. Welsh voting yes; it seems to be very much needed for conditions in the City to be addressed. It’s very timely and she thinks that it will do a lot of good for businesses and rentals. Mr. Adams voting yes. Mr. Roach voting yes; for reasons previously stated. Mrs. Malone voting yes; for reasons previously stated. Mr. Hartman voting yes; for the purpose stated in Section 22-356 of the proposed regulation. Mr. Baldwin voting yes. Mrs. Lord voting yes; based on reasons previously stated. Dr. Jones voting yes. Mrs. Maucher voting yes; for reasons previously stated although she does have reservations. She would encourage the Planning Office to track the issues and the problems that might be occurring because that would be interesting data to have. She is reluctant to make things more difficult but if there is a need for it then there is a need for it. NEW BUSINESS Meeting adjourned at 9:15 PM. Sincerely, 17 20

Item 1. CITY OF DOVER PLANNING COMMISSION NOVEMBER 16, 2020 Kristen Mullaney Secretary 18 21

Item 3. CITY OF DOVER APPLICATIONS TO PLANNING COMMISSION FOR CONDITIONAL USE, SITE PLANS, SUBDIVISION, & REZONING 12.11.2020 DRAFT Schedule of APPLICATION DEADLINES, DEVELOPMENT ADVISORY COMMITTEE meeting dates, PLANNING COMMISSION meeting dates, and CITY COUNCIL PUBLIC HEARING dates for 2021 filing deadlines. A Pre-Application Meeting must be conducted with Planning Staff prior to filing of an Application. Application filing deadline is by 4:00 P.M. on designated dates. January February March April May June July August September October November December Application 12/31/20 2/5/21 3/5/21 4/1/21 5/7/21 6/4/21 7/2/21 8/6/21 9/3/21 10/1/21 11/5/21 12/3/21 Deadline Rezoning 11/24/21 CITY COUNCIL 1/25/21 2/22/21 3/22/21 4/26/21 5/24/21 6/28/21 7/26/21 8/23/21 9/27/21 10/25/21 11/22/21 12/13/21 Rezoning Ordinance First Reading D.A.C. MEETING 1/27/21 2/24/21 3/31/21 4/28/21 6/2/21 6/30/21 7/28/21 9/1/21 9/28/21 10/27/21 12/1/21 12/29/21 (STAFF ONLY) D.A.C. MEETING 2/3/21 3/3/21 4/7/21 5/5/21 6/9/21 7/7/21 8/4/21 9/8/21 10/6/21 11/3/21 12/8/21 1/5/22 (APPLICANT) PLANNING 2/16/21 3/15/21 4/19/21 5/17/21 6/21/21 7/19/21 8/23/21 9/20/21 10/18/21 11/15/21 12/20/21 1/18/22 COMMISSION Public Hearings, Rezoning Recommendations CITY COUNCIL 3/8/21 4/12/21 5/10/21 6/14/21 7/12/21 8/9/21 9/13/21 10/11/21 11/8/21 12/13/21 1/10/22 2/14/22 Action on Rezonings: Consideration of PC Recommendation and Public Hearing/Final Reading – Rezoning Ordinance ***Planning Staff will advise applicant as to the Committee Meetings schedule if applicable to the Application submission. For Information Contact: City of Dover Department of Planning & Inspections, City Hall, 15 Loockerman Plaza P.O. Box 475, Dover DE 19903 (302)736-7196 Phone (302)736-4217 Fax www.cityofdover.com 22

Item 4. The Institute for Public Administration presents Advanced Land Use Law COURSE INSTRUCTOR Max Walton, Esq. Connolly Gallagher LLP. DECEMBER 18, 2020 This course focuses on advanced land use law in Delaware and expands upon the material presented in our basic land use law course. 10:00 A.M. TO NOON This course will highlight the recent land use case law from the past year that may affect VIA ZOOM MEETING municipalities statewide. Participants will learn about both national court decisions and Delaware Registration in advance is required. court decisions affecting local land use. After registering, you will receive a confirmation email with information This session qualifies for certificate credit in the about joining the webinar. Academy for Excellence in Local Government Leadership and the Delaware Planning Education REGISTER ONLINE Program. www.bidenschool.udel.edu/ ipa/events/upcoming 23

The Institute for Public Administration presents Item 4. Planning 101: Planning Your Community’s Future COURSE INSTRUCTOR COURSE INSTRUCTOR David Edgell, AICP Edward O’Donnell, AICP Principal Planner Senior Fellow, IPA Office of State Planning Coordination University of Delaware COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP JANUARY 22, 2021 Planning 101 provides valuable information for all elected officials who consider and act upon comprehensive plans, land use and zoning matters, 10:00 a.m. to NOON . and other growth issues. Planning and zoning commissioners, board of adjustment members, and those who take part in community planning and VIA ZOOM MEETING land-development matters will enjoy this course. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Delaware planning and zoning statutory about joining the webinar. requirements • The elements of a comprehensive plan REGISTER ONLINE • The basics of land use control www.bidenschool.udel.edu/ • The role of the planning & zoning commissioner ipa/events/upcoming This session qualifies for certificate credit in the Academy for Excellence in Local Government Leadership and the Delaware Planning Education Program. 24

Item 4. The Institute for Public Administration presents Introduction to Land-Use Law, the Constitution, and Takings COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP FEBRUARY 12, 2021 This course focuses on Land Use Law in Delaware. It begins a review of the basic principles governing land-use law. Topics include police power, delegation 10:00 a.m. to NOON Check-in begins at 8:30 a.m. of authority, nuisances, due process, equal protection, just compensation, vagueness, and vested rights. Participants will then learn about Delaware court decisions affecting local land use. VIA ZOOM MEETING Course topics will include: Registration in advance is required. • Basic terms and concepts After registering, you will receive a confirmation email with information • A summary of tools about joining the webinar. • Zoning, subdivision, and site-plan review • Other approaches to land-use control REGISTER ONLINE This session qualifies for certificate credit in the www.bidenschool.udel.edu/ Academy for Excellence in Local Government ipa/events/upcoming Leadership and the Delaware Planning Education Program. 25

Item 4. The Institute for Public Administration presents Introduction to Land Use Administration COURSE INSTRUCTOR COURSE INSTRUCTOR Ann Marie Townshend, AICP Savannah Edwards City Manager Planner, Municipal Department City of Lewes AECOM March 5, 2021 Introduction to Land Use Administration focuses on the principal strategy for implementing comprehensive plans. 10:00 a.m. to NOON Check-in begins at 8:30 a.m. Course topics include: • Zoning, subdivision, and land-use codes and how they are linked to comprehensive plans VIA ZOOM MEETING • Typical contents of land-use, zoning, and subdivision codes Registration in advance is required. After registering, you will receive a • Procedures and issues governing changes to confirmation email with information the zoning map about joining the webinar. • Issues involved in the day-to-day administration of land-use codes REGISTER ONLINE This session qualifies for certificate credit in the www.bidenschool.udel.edu/ Academy for Excellence in Local Government ipa/events/upcoming Leadership and the Delaware Planning Education Program. 26

Item 5. City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF December 9, 2020 PLANNING COMMISSION MEETING OF December 21, 2020 Plan Title: Kid Clouds Large Family Child Day Care at 113 North West Street Plan Type: Conditional Use Site Plan C-20-04 Property Location: 113 North West Street (Solid Rock Baptist Church Building) Tax Parcel: ED-05-076.08-03-02.00-000 Owner: Solid Rock Baptist Church Lessee: Jabria Allen Site Area: 24,298 SF± Existing Uses: Place of Worship and Community Center Proposed Use: Same with Large Family Child Day Care Building Area: Existing one story brick building (Place of Worship) Existing 2 story building (Community Center) Off Street Parking: Required – 4 spaces for daycare Existing – 26 spaces Sewer & Water: City of Dover Zoning Classification: RG-1 (General Residence Zone) Waivers Requested: None 27

Item 5. C P I L T A Y N CITY OF DOVER N O I DEVELOPMENT ADVISORY COMMITTEE F N G APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: December 9, 2020 V E R APPLICATION: Large Family Day Care: Kid Clouds at 113 North West Street FILE #: C-20-04 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Conditional Use Site Plan Review is to permit a Large Family Day Care in the community room of an existing building that is being utilized as a church at 113 North West Street to be known as Kid Clouds Large Family Daycare. The property for the proposed development is zoned RG-1 (General Residence Zone). The property is located on the east side of North West Street just north of Fulton Street. The owner of record is Solid Rock Baptist Church and the lessee is Jabria Allen. Property Address: 113 North West Street. Tax Parcel: ED-05-076.08-03- 02.00-000. Previous Applications: The property was previously subject to Conditional Use Application C-16-01 The Gathering Place Large Family Daycare. Application C-16-01 was granted Conditional Use Approval by the Planning Commission at their February 2016 meeting and was in operation until October 2018. Conditional Use Site Plan Application C-13-07 for the construction of a two-story Community Center Building, also on the property but addressed as 109 North West Street, was approved by the Planning Commission at its August 19, 2013 meeting. It is adjacent to the existing place of worship. The Conditional Use Site Plan C-13-07 included the construction of a parking lot and tree plantings for the site. II. PROJECT DESCRIPTION The existing place of worship (Church Building) is proposing to be occupied by a Day Care facility in the community room of the building. This application submission states that up to twelve (12) children (infants and toddlers 0-12 months only) will be attending the day care with two adult attendants. The applicant has submitted changes to the plan stating the age of the children will go up to 24 months and there will be 3 attendants. The project proposal for twelve (12) children at the Kid Clouds Daycare 28

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 2 would be classified as a “Large Family Day Care” by the Zoning Ordinance as it provides care for more than six children but less than thirteen (13) children. Since the Large Family Day Care is proposing to operate in a community room of a church, this review is a Conditional Use Plan application. If the number of children increases to thirteen (13) or greater, then it would be considered a “Day Care Center” and require additional review. The applicant has indicated the age of the children attending the daycare will be infants and toddlers only up to 24 months; therefore, no outdoor play area will be required. Day Care facilities also require licensing through the State of Delaware. The number of children permitted in a Day Care facility is determined by the State of Delaware along with mandated child to attendant ratios. III. ZONING REVIEW The property is zoned RG-1 (General Residence Zone). The existing building footprint is not changing or enlarging. The Child Day Care facilities type of land use requires Conditional Use approval by the Planning Commission based on the requirements (large family daycare home or day care center) noted in Zoning Ordinance, Article 5 §14 and Article 10 §1. The requirements for Child Daycare 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 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. 29

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 3 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. 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. 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. 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 all 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 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 standards, and a license from the state shall be submitted to the department of planning and inspections prior to the issuance of a City of Dover Business License. (Ord. of 5-14-1990; Ord. of 4-25-1994; Ord. of 4-23-2007(3); Ord. No. 2017-13, 12-11-2017) This Conditional Use is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use applications, the Planning Commission reviews the proposed project to 30

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 4 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 Planning Commission may prescribe appropriate conditions and safeguards to the use if determined to be necessary. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications are particularly relevant when reviewing this application: Article 10 §1: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 1.4 Conditional use permits. 1.41 Conditional use approval. Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that: (A) The provision in this article under which such permit was issued is still in effect; (B) Such permit was issued in conformity with the provisions of this article; and (C) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. 1.42 Periodic renewal of conditional use permit. The commission may require that conditional use permits be periodically renewed. Such renewal shall be granted following public notice and hearing in accordance with subsection 1.53. The commission may withhold approval of the renewal upon a determination by the city planner to the effect that such conditions as may have been prescribed by the commission in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. 31

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 5 IV. PARKING SUMMARY The number of required spaces for day care facilities are outlined in Zoning Ordinance, Article 5 §14.33, which requires one space per ten (10) children plus one space per adult attendant. Information provided by the applicant indicates a total of four (4) parking spaces will be required. The Plan identifies there will be twelve (12) children with two (2) adult attendants. There are twenty-six (26) existing parking spaces that were previously approved with the construction of the Community Center Building (Conditional Use Site Plan C-13-07). The Day Care facility will to utilize the existing parking lot. For the existing uses on the property, places of worship require one (1) parking space for every four (4) seats or one (1) parking space for every 200 SF of floor area whichever is greater. Based on the number of 115 seats within the existing sanctuary twenty-nine (29) parking spaces are required for the church. Based on the square footage of the Community Center Building (fellowship building) twenty-one (21) parking spaces are required. The total number of parking spaces required for these uses was fifty (50) parking spaces. However, with the previous application C-13-07, the Planning Commission considered and approved two waivers related to parking: an overall reduction in the number of off-street parking spaces and utilization of the combined parking space provisions. Zoning Ordinance, Article 6 Section 3.9 allows the Planning Commission to reduce the overall number of off-street parking spaces. The applicant requested the reduction in the overall number of required parking spaces to twenty-six (26) parking spaces. Since site is located within the Downtown Redevelopment Target Area, it is eligible for a 20% reduction and is eligible for up to a 50% reduction in the overall number of parking spaces as the site is has access to mass transit and pedestrian amenities. Zoning Ordinance, Article 6 Section 3.8 grants the Planning Commission the ability to reduce the number of total parking spaces required when it can be demonstrated that the uses will generate different demands for parking when the other use is not be utilized. The applicant requested the use of the combined parking spaces provision as the sanctuary (Church Building) and Community Center Building will be utilized at different times and shall not be utilized at the same time. Both parking related waivers were approved at the August 19, 2013 Planning Commission Meeting. V. BICYCLE PARKING As part of the approved parking requirement waivers for Conditional Use Site Plan Application C-13-07, the number of bicycle parking spaces increased from 2 to 6 spaces. There are 6 approved bicycle parking spaces located on the site. The total size of the building does not require a loading space as per Zoning Ordinance, Article 6 §4.23. VI. BUILDING ARCHITECTURE The submission does not include Architectural Elevation drawings since the existing building will be utilized. On the northern part of the site is the existing one-story public assembly building 32

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 6 (Church Building) with the primary entrance to the building facing North West Street. A secondary entrance is located at the entrance of the community room on the north side of the Church Building. VII. SITE CONSIDERATIONS The location and the screening of the dumpster are in accordance with Article 5 § 6.11 of the Zoning Ordinance. The City of Dover Planning Office granted approval for the dumpster and enclosure as part of the Final Plan (Conditional Use Site Plan C-13-07) on September 22, 2014. Sidewalk There is an existing sidewalk along North West Street that connects to the Church Building entrance. Tree Planting Based on the total site area of 24,298 SF, a total of nine (9) trees are required. There is a total of ten (10) trees located on the site which met the tree planting requirements as part of the Conditional Use Site Plan Application C-13-07. No additional tree plantings would be required of this C-20-04 application as long as the required nine (9) trees remain on site. 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 columns will need to be updated prior to Final Approval with the following: a) Any changes recommended or approvals granted by the Planning Commission. b) Indicate the square footage for the entire Church building. 2) On the Plan drawing: a) Label the address of each building on the property. b) The change in the age of the children and the number of adult attendants will need to be updated on the Plan. c) The location of the day care area within the church will need to be identified on the Plan. Identify the location of the proposed Large Family Day Care by marking which building it will be located within. d) Identify the location of the existing trees on the site; a total of nine (9) trees are required to comply with tree planting provisions. 3) The requirements for the maximum children allowed for a Large Family Day Care is twelve (12) children. Exceeding this number will require additional code compliance in accordance with the Zoning Ordinance. If the number increases to thirteen (13), thus becoming a Day Care Center, then the Planning Commission must consider a new/revised application. 33

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 7 IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 Section 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 expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. 1) Parking Requirements: Planning Commission approved the parking waivers for Conditional Use Site Plan Application C-13-07 setting the overall number of required parking spaces to twenty-six (26) spaces for the property. The Large Family Day Care in the community room of the Church Building will have different operational hours than services at the church and the two uses are anticipated not to have activities occurring during the same timeframe. Therefore, Staff recommends acceptance of the existing parking lot as meeting the parking requirements for the Large Family Day Care facility. X. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Plan contact the Department of Planning and Inspections. Examples include building additions, relocation of site components, and increases in change in the number of children. 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) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 3) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and to each DAC participant providing comments. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 4) This Day Care facility use may require activities of building construction/renovation and therefore, the requirements of the Building Code and 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 project design including such items as building design, infrastructure, and fire protection needs, etc. 34

Item 5. C-20-04 Kid Clouds Large Family Child Day Care Final DAC Report – December 9, 2020 Page 8 5) The applicant shall be aware that Conditional Use Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. 6) The applicant shall be aware that Conditional Use Site Plan approval does not represent a Building Permit, Business and Occupancy Licenses, and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. At a minimum an Administrative Building Permit will be required to establish this Day Care facility use in the building along with the required Business and Occupancy Licenses. 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. 35

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Kid Clouds Child Day Care at 113 North West Street FILE #: C-20-04 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER / STREETS / SANITATION / GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER 1. None. STREETS 1. None. SANITATION 1. The subject property currently receives commercial trash service through the City of Dover. The cans are placed in the alley for collection which is necessary to receive service. As a commercial customer, a maximum of two (2), ninety (90) gallon trash containers can be provided and bulk and yard waste collection are not provided. This location is currently grandfathered with four (4) ninety (90) gallon trash containers. If at any point this level of service no longer meets the needs of the subject property, a private hauler will be required. GENERAL 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 36

CITY OF DOVER Item 5. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Kid Clouds Child Day Care at 113 North West Street FILE #: C-20-04 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees may be associated with this project. WASTEWATER 1. Wastewater impact fees may be associated with this project. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 37

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Kid Clouds Child Day Care at 113 North West Street FILE #: C-20-04 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. 38

Kid Clouds Child Day Care at 113 North West Street Item 5. File #: C-20-04 December 2, 2020 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 2. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 3. 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 . 39

C F C-20-04 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/02/20 D S O H V A E L APPLICATION: Kids Clouds Child Day Care at 113 N West St R FILE #: C-20-04 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 occupancy classification is day care. NFPA 101, A.16.1.1 Suggested Staff to Client Ration in New and Existing Day-Care Occupancies Staff to Client Ratio Age (months) 1:3 0-24 1:4 25-36 1:7 37-60 1:10 61-96 1:12 97 plus 1:3 Clients incapable of self-preservation If staff to client ratios are below those suggested above, the AHJ shall determine the additional safeguards (this may include restricting the daycare to level of exit discharge only, requiring additional smoke detection, requiring automatic sprinkler protection, requiring better or additional means of egress, requiring similar types of provisions depending on the situation). NFPA 101, 3.3.190.4 Day Care Occupancy. An occupancy in which four or more clients receive care, maintenance, and supervision, by other than their relatives or legal guardians, for less than 24 hours per day. NFPA 101, 16.6.1.4.1.1 Family Day Care Home. A family day care home shall be s day care home in which more than three, but fewer than seven, clients receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. 40

Item 5. NFPA 101, 16.6.1.4.1.2 Group Day Care Home. A group daycare home shall be a day care home in which not less than 7, but not more than 12, clients receive care, maintenance, or supervision bu other than their relatives or legal guardians for less than 24 hours per day, generally within a dwelling unit. NFPA 101, 3.3.66 Dwelling Unit definitions 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Perimeter access shall be 50% (25% if sprinklered) 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) 4. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 5. Sprinkler system TBB. 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% 41

Item 5. 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. 42

Item 5. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 6. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 7. 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) 8. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 9. 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) 10. 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 43

Item 5. 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) 11. 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 44

Item 5. 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 12. 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. 13. Project to be completed per approved Site Plan. 14. Full building and fire plan review is required. 15. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 16. Construction or renovations cannot be started until building plans are approved. 17. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 18. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. This is a change in occupancy classification. Plans from an authorized/licensed design professional are required to be submitted to the Chief Building Inspector showing how code compliance will be achieved with the new occupancy. This submittal needs to be approved by the Chief Building Inspector. 2. Daycare licensing approval will be needed. 3. Fire alarm system required. 4. Sprinkler system TBD 45

Item 5. 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. 46

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Kids Could Childcare (113 N. West Street) FILE#: C-20-04 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: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. Access to the property is from a city-maintained road. 47

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY June 2020 APPLICATION: Kid Clouds Child Day Care at 113 North West Street FILE #: C-20-04 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 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. 48

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Item 6. City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF December 9, 2020 PLANNING COMMISSION MEETING OF December 21, 2020 Plan Title: Bay Pointe Apartments Project Plan Type: Conditional Use Site Plan Location: Southwest side of Bay Road, end of Lafferty Lane Tax Map IDs: ED-05-086.00-01-18-00-000, ED-05-086.00-01-19.00-000, and ED-05-086.00-01-20.00-000 Owner/Applicant: Patel Hospitality Properties Combined Site Area: 3.302 +/- acres Zoning: C-4 (Highway Commercial Zone) Current Use: Vacant Land Proposed Use: Two (2) Apartment Buildings with (54) Total Dwelling Units with associated site improvements Off Street Parking: Required – 122 spaces Proposed – 124 spaces Sewer & Water: City of Dover For Consideration: Active Recreation Plan and Request for Cash-in-Lieu of Recreation Area Construction Waiver Requests: Reduction of Arterial Street Buffer Rear Emergency Access P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 52

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: December 9, 2020 APPLICATION: Bay Pointe Apartments Project FILE #: C-20-05 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 Dawn Melson-Williams, Principal Planner I. PLAN SUMMARY This application is for review of a Conditional Use Site Plan Application and associated Lot Consolidation Plan to permit the construction of two (2) Multiple Dwelling-Unit (Apartment) Buildings consisting of a three-story 39,750 SF building with 30 units and a three-story 30,864 SF building with 24 units for a total of 54 apartment units and associated site improvements. The proposed Apartment buildings require Conditional Use review in the C-4 zoning district. The three existing lots to be consolidated total 3.302 +/- acres and are zoned C-4 (Highway Commercial Zone). The property is located on the southwest side of Bay Road at the intersection with Lafferty Lane. The owner of record is Patel Hospitality Properties. Property Addresses: 1080 and 1106 Bay Road and an unaddressed parcel. Tax Parcel Numbers: ED-05-086.00-01-18- 00-000, ED-05-086.00-01-19.00-000, and ED-05-086.00-01-20.00-000. II. PROJECT DESCRIPTION The subject property is located at the southwest side of Bay Road, with State Route 1 running alongside the west and north portions of the project site, and at the intersection of Lafferty Lane. The applicant is proposing to construct two (2) three-story Multiple Dwelling-Unit (Apartment) Buildings of 54 total Dwelling Units. The north building is shown to be 39,750 total SF with 30 apartment units, and the south building is shown to be 30,864 total SF with 24 apartment units. The project consists of three (3) total parcels and a Lot Consolidation Plan (Minor Lot Line Adjustment Plan) is part of the overall project submission. The properties are surrounded on the west, north and south by right-of-way for Delaware State Route 1. Properties across Bay Road to the east and north of Lafferty Lane are also zoned C-4 (Highway Commercial Zone) and C-3 (Service Commercial Zone). Across Bay Road to the east and south of Lafferty Lane is the Kings Cliff Residential Development, which is zoned MH (Manufactured Housing Zone). III. ZONING REVIEW C-4 (Highway Commercial Zone) The application is a Conditional Use Site Plan for the proposed construction of two apartment 53

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 2 buildings. Apartments and multi-family dwellings in the C-4 Zone are Conditional Uses which require approval from the Planning Commission. (Zoning Ordinance Article 3 Section 16.2) Article 3 Section 16.1 Highway commercial zone (C-4) 16.1 Uses permitted. In a highway commercial zone (C-4), 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: (a) Retail stores. (b) Business, professional or governmental offices. (c) Restaurants. (d) Personal service establishments. (e) Service establishments. (f) Hotels and motels. (g) Places of public assembly. (h) Bus terminal. (i) Wholesale, storage, warehousing, and distribution establishments. (j) Indoor or outdoor recreation and amusement establishments. (k) Hospitals and medical centers. (l) Drive-throughs. (m) Motor vehicle, boat, or farm equipment sales or service: (1) The minimum lot size for such establishments shall be 20,000 square feet, and the minimum street frontage shall be 150 feet. (2) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than ten feet from any property line and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any public right-of-way or portion thereof. (3) Vehicle lifts or pits, dismantled and disabled automobiles, and all parts or supplies shall be located within a building enclosed on all sides. (4) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times. (5) The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with applicable provisions of the National Fire Protection Association Code. (6) No fuel pumps shall be located nearer than 15 feet to any street line. (7) Fuel pumps shall not be permitted closer than 100 feet from a property line of any school, day care, church, hospital, nursing home, or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons. (n) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedure as set forth in article 5, section 8. (o) Mini-storage facilities, subject to the following regulations: (1) No unit shall be placed within 30 feet of a residential property line. (2) No outside storage, except for recreational vehicles, boats, or personal automobiles when completely parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (3) No individual unit may be used for retail, garage sale, or any other commercial activities. (4) No storage of flammable, explosive, corrosive, or other hazardous products may occur in the individual unit. (5) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office. (p) Adult entertainment establishments, subject to the provisions stated in article 5, section 54

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 3 13. 16.2 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) Apartments and multi-family dwellings. (b) Crematory, subject to the following requirements: (1) The building lot line upon which a crematory is to be established shall be located at least 100 feet from any residential zone. (2) Where adjacent to residential zones, all landscape buffers shall be required. The buffer shall consist of a landscape screen no less than six and one-half feet high. All landscaping shall be properly maintained throughout the life of the use on lot. (3) Loading operations shall be conducted within a completely enclosed building. Location of loading doors shall be at the side or rear of the building. (4) The crematory shall comply with the Delaware Incinerator Regulations. A copy of the approved air pollution permit issued by the State of Delaware Department of Natural Resources and Environmental Control shall accompany the application for a certificate of occupancy. This Conditional Use Site Plan is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use Site Plan applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relates to the role of the Commission in reviewing Conditional Use Site Plan applications are particularly relevant when reviewing this application: Article 10 §1.1 [Accessibility for fire and police protection.] That all proposed structures, equipment or material shall be readily accessible for fire and police protection; Article 10 §1.2 That the proposed use be of such location, size, and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; IV. PARKING SUMMARY The parking requirement for apartments in the C-4 (Highway Commercial Zone) is based on a rate of two (2) parking space per dwelling unit plus 0.25 space per dwelling unit for visitor parking and one parking space for every 200 SF of office space. Based on the number of dwelling units (54 units), this site would require 122 parking spaces. The submission does not indicate office space. The plans submitted identify a total of 124 parking spaces, including six (6) handicapped parking spaces. Bicycle Parking Bicycle parking is required at a ratio of one space for every twenty parking spaces. If the site is to be served by 124 parking spaces, seven (7) bicycle parking spaces are required. The Data Column notes that only six (6) bicycle parking spaces are to be provided, and notes show these to 55

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 4 be outside the north building only. The Updated Active Recreation Plan now indicates two locations for covered bicycle parking. V. SITE CONSIDERATIONS Access There is one entrance proposed to the site: a full access drive at the signalized intersection of Bay Road and Lafferty Lane to the east of the subject site. The parking lot is shown to have two-way traffic throughout parking areas of the site. Sidewalks Sidewalks are required along the Bay Road street frontages of the site (Zoning Ordinance, Article 5 Section 18). The plan shows a multi-use path of ten (10) feet in width as required along the Bay Road frontage. Sidewalk is proposed on the north side of the proposed entrance drive from Bay Road leading into the site connecting to a sidewalk on the west side of the Apartment Buildings. This sidewalk runs north/south along the eastern edge of the parking lot placing it between the Apartment Buildings and the proposed parking lot area. Pedestrian access to the Apartment Buildings is shown as sidewalk connections from the sidewalk at the edge of the parking lot. No pedestrian access directly to the building is shown from the multi-use path proposed along the Bay Road frontage. However, the Updated Active Recreation Plan has now proposed the continuation of the sidewalks on the west side of the buildings around each building end (north and south) to reconnect into the multi-use path. There is a multi-use pathway known as the St. Jones Greenway on the west side of State Route 1; however, it is not readily accessible from these properties due to the format of the roadway systems in this area. Additionally, there are currently no other sidewalks or other type of pedestrian pathways available along either side of this Bay Road segment. The multi-use path proposed in this plan would be the start of a pedestrian system in this southern segment of Bay Road. However, it would not directly connect to other pedestrian-only facilities; the roadway system does have limited paved shoulders. Curbing The upright curbing for the parking lots and drive aisles is required the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized throughout the site layout. Lighting Lighting is proposed throughout the site where parking is provided. Most lighting is located along the perimeter and on the parking islands in the larger parking lot area. It is unclear if there will be exterior lighting on the Apartment Building. There is none shown on the elevations provided. Waiver Request: Rear Emergency Access Emergency rear access is required for some residential dwelling types. According to Article 5, Section 17 of the Zoning Ordinance an 18 ft. wide Secondary Fire Lane is required for apartments that are 2-3 stories to serve as rear access. This is to provide access to rear building areas. The configuration of this property and the placement of the buildings and parking lot requires a determination as to the project’s compliance this rear access requirement. The front of the property 56

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 5 is adjacent to the existing public street of Bay Road; however, the building placement orients the front (entry) of each building internal to the property site facing the parking lot. This building placement makes the rear building area to be the side of the building directly adjacent to Bay Road (the east elevation of the buildings). The front (west elevation) of the building is likely served by a fire lane coinciding with the twenty-four (24) foot wide drive aisle in the parking lot. For the rear building area, there is not a specifically designated fire lane; however, Bay Road with a paved roadway shoulder and the multi-use pathway are located on this side. The Planning Commission has the ability to grant a waiver from the requirements for Emergency Access. The Applicant has submitted such a Waiver Request and must sufficiently demonstrate that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance. Fire Marshal’s Office will also evaluate these fire protection measures as related to the fire lane requirements of the applicable Fire Codes. Dumpsters According to Zoning Ordinance, Article 5 §6.12, the Dumpster requirements for an Apartment Complex are two (2) Dumpsters required for the first 48 apartments, and one (1) for each additional 24 apartments or fraction thereof. The plans submitted identify two (2) Dumpster enclosures, each to contain two (2) Dumpsters, providing four (4) total Dumpsters which is compliant with Code requirements. The plans submitted further identify the details of the Dumpster enclosures. Each is to be surrounded by an 8 ft. high CMU dumpster enclosure. Each enclosure is also shown to have gates. However, the material for the gates is identified, nor is it shown if the material is to be opaque. VI. BUILDING ARCHITECTURE The Plan submission includes Architectural Renderings presenting several elevations. The elevations are not identified as to which building/ side they are depicting; however, Staff believes the two depictions of the long side of an apartment building, to be that of the southern building. There is some confusion as one elevation drawing depicts an Apartment Building with exposed staircases, while another is shown without exposed staircases. The drawings are not labeled. The drawings also show several of the exposed stairwells being the only apparent access points to the apartment units, but the stairwells do not align with the concrete pads that connect the buildings to the sidewalk and parking lot as shown on the Site Plans. The exterior finishes of the Apartment Buildings are comprised of a stone veneer at the first- floor watertable level and then horizontal siding for the remainder of the first, and then second and third levels. This siding is shown to be in two neutral colors, one darker than the other. The exact materials proposed are not specifically identified. The horizontal lines of the siding are broken by the vertical protrusions of the balconies which are lined with white vertical trim and encased with black railings. As with the wall materials, the trim and railing materials are also not identified. Finally, the drawings show that a gabled roof is proposed. 57

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 6 VII. TREE PLANTING AND LANDSCAPE PLAN Zoning Ordinance, Article 5 Section 16 lays out the requirements for tree planting and preservation. A new project is required to provide tree planting at a rate of one (1) tree per 3,000 SF of “Development Area.” With a stated overall site area of 143,856 SF, this would put their tree plantings requirement at a minimum of forty-eight (48) trees. The submitted plan includes the Landscaping approach for the overall project. The Landscape Plan is providing a mixture of deciduous trees, evergreen trees, and ornamental trees to provide a total of 48 trees, meeting minimum requirements. The trees are proposed within parking lot islands and medians as well as along periphery project site. However, it does appear that some of the proposed tree plantings may conflict with underground Stormwater Management Facilities. The Kent Conservation District will also be reviewing this application and will similarly offer comment if necessary. Waiver Request: Reduction of Arterial Street Buffer Article 5 Section 7.3 of the Zoning Ordinance requires a thirty (30) foot Arterial Street Buffer to be provided where a nonresidential zoned property fronts on a Principal Arterial Street. C-4 (Highway Commercial Zone) is considered to be a Commercial Zoning District. Both State Route 1 and Bay Road are classified as “Principal Arterial Streets.” Article 5 Section 7.33 allows for the Planning Commission to grant a reduction in the Arterial Street Buffer Requirements provided that the applicant may demonstrate sufficient cause to have one granted. The Plan provides the Arterial Street Buffer of 30 feet along Bay Road. The Applicant has submitted such a Waiver Request from the Requirements for the Arterial Street Buffer associated with State Route 1. The Applicant has noted the requested reduction to be of ten (10) feet, bringing the minimum thirty (30) foot Arterial Street Buffer to twenty (20) feet. The Applicant notes they are requesting this Waiver as a portion of the parking lot encroaches into the Arterial Street Buffer. The Applicant notes that there is no access to the site off of State Route 1 and argues that it should in affect be considered a rear yard. They also note an existing dense “vegetated buffer” within the State right-of-way between State Route 1 roadway and the subject site (the applicant has provided an exhibit showing said buffer along State Route 1 in their Waiver Request submission.). Finally, the applicant cites the character of State Route 1 in the immediate vicinity, noting in particular that it is an over-pass, and consequently largely elevated above the subject site. VIII. ACTIVE RECREATION AREA Request for Consideration of Cash-in-lieu of Recreation Area Construction The Zoning Ordinance Article 5, Section 10 sets out requirements to preserve areas of opens space within residential developments which are designed to provide buffer spaces between developing areas, to preserve existing natural and historic features and to establish a network of open spaces within the built environment to provide a balance between developed and undeveloped lands, wildlife habitat conservation, the preservation of scenic view corridors, and to provide residents opportunities to engage in passive recreational activities. Zoning Ordinance, Article 5 Section 10.514 notes that a residential development of 10 or fewer acres with a density over six (6) units per acre shall provide Active Recreation at a rate of 150 SF of active recreation area per dwelling unit, or 10,000 SF of active recreation area, whichever is greater. As the development overall is proposed to provide (54) total Dwelling Units (requiring 8,100 SF), the site would be required to provide a minimum of 10,000 SF of Active Recreation 58

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 7 Area. The Updated Recreation Area Plan submitted on December 11, 2020 shows the addition of covered bicycle parking, picnic areas and increased pedestrian connections to form a walking loop. The total proposed Active Recreation area amounts to 3,321 SF a deficit of 6,679 SF. Article 10 Section 10.514 of the Zoning Ordinance further notes that if the Planning Commission determines that the construction of some or all of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Furthermore, Article 5 Section 10.173 notes that the cash donation shall be equivalent to the appraised value of land area required. The land area value shall be based on the appraisal prepared for the developer to secure construction financing. As the applicant is not proposing fully required Active Recreation Area, they will need to provide a Cash-in-lieu Donation, the amount of which is to be determined by the Planning Office and approved by the Parks, Recreation and Community Enhancement Committee based off of the appraisal provided by the applicant and any deficiency of the 10,000 SF of required Active Recreation Area. See Recreation Plan Review Report for more detailed review (attached document) and Memo to Parks, Recreation and Community Enhancement Committee dated December 11, 2020 (also attached). VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with the agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Emergency Access must be provided in accordance with Article 5 Section 17 of the Zoning Ordinance unless a Waiver is granted by the Planning Commission and City Council. The Applicant has submitted a Written Waiver Request for consideration. 2) An Arterial Street Buffer must be provided along the entire frontage of Delaware State Route 1 in accordance with the Zoning Ordinance unless a Waiver is granted by the Planning Commission. A written Waiver Request was received to eliminate/reduce the Arterial Street Buffer along State Route 1, noting the requested reduction is 10 feet, thereby requiring only a 20 foot buffer to be provided. 3) The applicant is responsible for providing an active recreation area of a minimum 10,000 SF or a Cash-in-lieu of Active Recreation Area Construction Donation. The Applicant has submitted a Recreation Plan showing 3,321 SF of Active Recreation Area and has proposed a Cash-in- lieu Donation of $30,084 (based on an appraisal of the property dated December 3, 2020 that amounted to $648.000.00) for the deficit of the required 10,000 SF of Active Recreation Area Construction. The Cash-in-lieu of Active Recreation Area Construction donation shall be paid prior to the issuance of a Building Permit. Additional information regarding the calculation of this donation can be found in the Recreation Plan Report to the Parks, Recreation and Community Enhancement (PRCE) Committee of their meeting of December 15, 2020 as well as a Memo to the PRCE dated December 11, 2020. 59

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 8 4) Please note that Bicycle Parking Spaces are required to be provided at a rate of a minimum of one (1) bicycle parking space per every twenty (20) vehicle parking spaces. With 124 proposed vehicle parking spaces, this would require a minimum of seven (7) bicycle parking spaces. Also update Plan and Data Column with revisions bicycle parking as related to Updated Recreation Area Plan. 5) The Planning Commission must approve the Conditional Use for an Apartment Building use in the C-4 zone. 6) Please note if there is to be any lighting proposed on the perimeters of the buildings themselves this detail should be included on the Architectural Renderings. 7) Please label the building elevations in the Architectural Renderings submitted, including which building is depicted. Please similarly clarify as to whether the stairwells are to be open or enclosed. 8) The Architectural Renderings submitted indicate access points to the buildings that do not appear to match with the concrete pads connecting the Apartments Building to the sidewalk along the eastern edge of the proposed parking lot. Please ensure the proposed layout and pedestrian access points are accurately reflected on the Site Plans and are similarly calculated in the impervious lot coverage. 9) It is noted that there is currently 1,053 SF of impervious surface on the site. Please ensure that this is identified on Sheet 2 (Existing Conditions Plan). 10) Please note the details (materials) of the dumpster enclosures and related gates. 11) If determined, please note the planned bedroom counts of the different Apartment Unit types. 12) Please note neighboring property owners and zoning classifications. 13) Please note the soil types found on the subject site. 14) Please be aware of placement of any trees/ landscaping with regards to any underground utilities/ stormwater management systems. 15) Cover Sheet: a) Please ensure the correct number of bicycle parking spaces are provided and noted (7). b) Please note the Tax Parcel ID numbers as ED-05-086.00-01-18-00-000, ED-05-086.00-01-19.00-000, and ED-05-086.00-01-20.00-000 respectively and the associated current addresses. c) In the Data Column, please note the planned square footage of each building separately, as well as combined. d) Please note the location and general characteristics of any proposed signage. 60

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 9 IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. 1) Conditional Use for Apartments: The request is for the establishment of Apartment use through the Conditional Use process. The location of this residential development is in proximity to other residential areas (a manufactured home community), to a variety of commercial, service, and office establishments, and employment opportunities. The location is very close to Dover Air Force Base (DAFB) and may provide an opportunity for housing of personnel and their families. The property location is surrounded by a complex transportation system of State Route 1 (and associated on-ramps) and Bay Road and therefore is easily accessed by vehicle but has more limited pedestrian access. a) The development offers another residential housing option in the City in the form of a higher density apartment complex. b) Evaluate and implement any building construction techniques that may be necessary to abate nearby traffic noise. 2) Recommendation on Waiver Requests: a) Reduction of Arterial Street Buffer: Staff recommends the Planning Commission approve the Request to Reduce the Arterial Street Buffer from thirty (30) feet along the State Route 1 frontage by ten (10) feet, to create a twenty (20) foot Arterial Street Buffer. Any existing on-site vegetation and trees within this buffer area should be identified. b) Elimination of Rear Emergency Access: In regard to the waiver request for the elimination of the Emergency Access Requirements, Planning Staff recommends consideration of the properties’ location adjacent to Bay Road and the orientation of the front of the building interior to the site. There may be an opportunity for Bay Road to serve as a secondary access area with its dual travel lanes and shoulder. In addition, there is the multi-use path on the east side of the Building. To fully implement the 18 ft. wide Secondary Fire Lane would require significant redesign of the site and buildings size and/or placement. The Zoning Ordinance notes that the applicant must sufficiently demonstrate adequate alternatives are to be provided. Planning Staff also advises comments on this Waiver Request were received from the Fire Marshal. 3) Active Recreation Area: The Applicant has taken into consideration the concerns of the Staff regarding the lack of Active Recreation amenities in an area with limited access to any amenities in the area and has since submitted an Updated Recreation Plan to include 3,321 SF of the 10,000 SF of required Active Recreation Area. a) Open Space/Active Recreation: The Updated Active Recreation Plan (of 12/11/2020) includes: i) Two covered bike racks with seven (7) bicycle parking spaces each 61

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 10 ii) Picnic area to the north of the north apartment building iii) Picnic table near the southwest corner of the south building iv) Additional pedestrian connectivity connecting the sidewalks in front of the north and south apartment buildings to the multi-use path along the Bay Road frontage at the northern and southern edges of the property. b) Active Recreation Area Deficit: This project requires a minimum of 10,000 SF of Active Recreation Area. The provided amenities listed above leave a deficit of 6,679 SF of Active Recreation Area. The Applicant has proposed a Cash-in-lieu of Active Recreation Area Construction Donation to cover the deficit. 4) Cash-in-Lieu of Active Recreation Area Construction: A cash-in-lieu fee of $30,084.00 has been calculated based on deficit of 6,679 SF of Active Recreation Area, and will be presented to the Parks, Recreation and Community Enhancement Committee at their meeting of December 15, 2020. This fee is based on the appraised land value of the properties of $648,000 the applicant has provided in an Appraisal Report dated December 3, 2020. The Cash-in-lieu of Active Recreation Area Construction Donation fee has been outlined in the Active Recreation Area Review Report prepared for the Parks, Recreation, and Community Enhancement (PRCE) Committee for their meeting of December 15, 2020 and an updated memo dated December 11, 2020 after the submission of an Updated Active Recreation Area Plan on December 11, 2020. The Recreation Area Plan is pending PREC review comments. X. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event, that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Conditional Use Site Plan contact the Department of Planning and Inspections. Examples include relocation of site components like paving and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the Plan. 3) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and the other commenting agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement (Final Plan Approval). 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 62

Item 6. C-20-05 Bay Pointe Apartments Project DAC Report of December 9, 2020 Page 11 5) The Building Permit for the Apartment Buildings shall not be granted until the payment of the Cash-in-lieu of Active Recreation Area Construction donation has been received by the City. 6) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 7) The applicant/developer shall be aware that prior to any development or ground disturbing activities on the site the appropriate site inspections and permits are required. This includes activities to clean-up existing vegetation, the import of fill dirt, etc. 8) Construction may have an effect on the adjacent property owners and nearby travel lanes. Any work requiring the closing or rerouting of potential customers or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners. 9) The addresses for the new buildings proposed on the property will need to be confirmed with the City’s Tax Assessment Office. The existing two addresses may be revised. 10) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 11) The applicant shall be aware that Conditional Use Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. Building Permits will be required for each building. 12) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 63

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER 1. Final site plan approval will not be granted until a copy of the approval letter for the Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approval letter for the entrance plan from DelDOT is submitted to our office. SANITATION 1. The subject property cannot be serviced by the City of Dover. Provide a note on the plan stating that sanitation services will be provided by a private hauler. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 64

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve 65

Item 6. Bay Pointe Apartments at 1080 and 1106 Bay Road File #: C-20-05 December 2, 2020 Page 2 of 3 should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. A minimum of fifteen feet (15’) shall be provided between the fire hydrant and fire hydrant valve. 8. Please provide more detail on the proposed connection of this service to the City’s water main. WASTEWATER 1. The wastewater main that is existing belongs to Kent County Department of Public Works, their approval of this plan will be required prior to staff provided our final approval. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. None. 66

Item 6. Bay Pointe Apartments at 1080 and 1106 Bay Road File #: C-20-05 December 2, 2020 Page 3 of 3 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. This project will require a State Utility Permit to be submitted to Delaware Department of Transportation. This application shall be created by the developer. 3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 67

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 2, 2020 APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 2. Owner is responsible for locating all existing underground facilities to include electric, water and gas. 3. Owner is responsible for site and/or street lighting. 4. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 5. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 6. All Engineering and design for Dover Electric will be engineered upon receipt of final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. GENERAL 1. Final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format), if applicable. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. 68

Bay Pointe Apartments at 1080 and 1106 Bay Road Item 6. File #: C-20-05 December 2, 2020 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 2. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. 3. 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 . 69

C F C-20-05 I IItem 6. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/09/20 Updated D S O H V A E L R APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is residential apartments. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (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 75% 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 35% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. 70

Item 6. 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. Emergency access to rear building areas compliant with City of Dover Code (Appendix B- Zoning, Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units with no fire protection) require a 16ft alley or 18ft secondary fire lane at the rear. 12. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 71

Item 6. 13. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide 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. 14. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 15. 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) 16. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel 72

Item 6. 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. 17. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 18. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 19. 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. 73

Item 6. 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) 20. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby 74

Item 6. 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. 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) 22. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 23. 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) 24. 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) 25. 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: 75

Item 6. 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) 26. 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 76

Item 6. 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 27. 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. 28. 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) 29. 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. 30. Project to be completed per approved Site Plan. 31. Full building and fire plan review is required. 32. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 33. Construction or renovations cannot be started until building plans are approved. 34. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 35. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. 77

Item 6. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. An 18’ secondary fire lane is needed at the rear of the building as outlined in item # 11 listed above 2. Please confirm that the Fire Lane at the front of the building is 24’ wide 3. Need to discuss the light duty asphalt. This area needs to be built to properly hold the weight of emergency apparatus. 4. A fire hydrant(s) will be needed at the front of the buildings 5. Please ensure that you have the proper size water line to the buildings due to the sprinkler systems. Waiver Request for Emergency access to rear building areas compliant with City of Dover Code (Appendix B-Zoning, Article 5- Supplementary Regulations, Section 17); All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. - The Fire Marshal’s Office does not support this request. This ordinance was written after a fire with access issues at Towne Point Apartments. This code allows ladder trucks to both sides of the building to reach all areas in case people are trapped. This is identified in item # 11 listed above. 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. 78

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Bay Pointe Apartments (1080 & 1106 Bay Road) FILE#: C-20-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. A traffic study is currently in process through DelDOT. 2. Once the traffic study is completed and accepted a pre-submittal meeting shall be requested through Subdivisions. 3. Record Plan and Entrance Plan approval will be required. 79

Item 6. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: 12-2-2020 Organization APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 943-8428 The MPO requested the opportunity to bring the recommendations on issues of our concern to the City of Dover. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 12-21-2020 Project Review C-20-05 Bay Pointe Apartments at 1080 and 1106 Bay Road There is a sidewalk proposed along the street frontage at Bay Road with connections to access the site. We recommend the Sidewalk be constructed as a shared use path, but it is only a recommendation. It is obvious that there needs to be some coordinated planning for bicycle and pedestrian access in this area of the City and the MPO will discuss this with our partners.. As mentioned during the Applicant Development Advisory Committee meeting, the MPO currently is supporting a study of access routes to the Air Cargo Facility at the end of Horsepond Road. The study also supports Kent County’s proposals for development of the area and immediately adjacent as an employment center (as defined in their 2018 Comprehensive Plan). Part of the study may look at Lafferty Lane as a connection to Route 1 North and South. The study may include, though nothing has been decided, improvements to the intersection of Bay Road and Lafferty Lane, across from the subject site. The study is being conducted by Century Engineering with offices on Bay Road closer to Downtown. The project managers are Ted Foglietta of the Dover office (302-734-9188) and Sonia Marichec-Gowdy of the Newark Office (302-525-6022). If the status of the project is of interest to the project engineer, I have provided a copy of this DAC Report to both Ted and Sonia. 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. 80

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY December 2020 APPLICATION: Bay Pointe Apartments at 1080 and 1106 Bay Road FILE #: C-20-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Katherine Owens PHONE #: 302-608-5370 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 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: a. The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection. b. The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary. c. A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. 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. 81

Christiana Executive Campus Item 6. 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com November 04, 2020 PLAWX-20001 Ms. Dawn Melson-Williams, AICP, Principal Planner City of Dover Department of Planning & Inspections 15 Loockerman Plaza Dover, Delaware 19901 RE: Bay Pointe Apartments Project – Waiver Request Letter Bay Road – City of Dover, Kent County, Delaware Dear Ms. Melson-Williams: Please consider this letter as our formal waiver request in support of the Conditional Use Site Plan Application for the Bay Pointe Apartments Project. The subject property abuts both State Route 1 and Bay Road. The City of Dover Comprehensive Plan classifies both State Route 1 and Bay Road as “principal arterials”. Per the City of Dover Zoning Code, a thirty-foot (30’) wide arterial buffer is required adjacent to principal arterials. The developer fully intends on incorporating a thirty-foot (30’) wide arterial buffer adjacent to Bay Road, which serves as the front yard/site access and may contain either a five-foot (5’) wide sidewalk or ten-foot (10’) wide multi-modal path. However, the developer is respectfully requesting a waiver from the thirty-foot (30’) wide arterial buffer adjacent to State Route 1. The reasons for this request are outlined as follows: • Access to the site from State Route 1 is not permitted and, effectively, should be considered a rear yard • There is an existing dense vegetated buffer within State right-of-way between State Route 1 and the subject site (see exhibit below) • State Route 1 in this area is an over-pass and, thus, elevated above the subject site (see exhibit below) Thank you in advance for your consideration. If you have any questions/comments or require additional information, please do not hesitate to contact me at this office. We thank you for your continued assistance with this project. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE 82

Christiana Executive Campus Item 6. 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com December 10, 2020 PLAWX-20001 Ms. Dawn Melson-Williams, AICP, Principal Planner City of Dover Department of Planning & Inspections 15 Loockerman Plaza Dover, Delaware 19901 RE: Bay Pointe Apartments Project – Waiver Request Letter Bay Road – City of Dover, Kent County, Delaware Dear Ms. Melson-Williams: As you are aware, the Bay Pointe Apartments Project consists of two proposed three-story apartment buildings with a total of 54 units. According to §5.17(5)(a) of the City of Dover Zoning Code, emergency access to the rear of the apartment buildings in the form of a 16’ wide alley or 18’ secondary fire lane shall be provided. Please consider this letter as our formal waiver request to the City of Dover Planning Commission. The front of the property lies adjacent to the public right-of-way of Bay Road; however, the building placement orients the front (entry) of each building internal to the property side facing the parking lot. This building placement is necessary to comply with the required off-street parking requirement and results in the rear of the building facing Bay Road. The entry drive aisle and drive aisles at the front of the building will serve as the primary fire lanes for the buildings. Since the City of Dover Comprehensive Plan classifies Bay Road as a “principal arterial”, a thirty foot (30’) wide arterial buffer is required adjacent to Bay Road. This buffer serves as the front yard/site access and may contain either a five-foot (5’) wide sidewalk or ten-foot (10’) wide multi-modal path. There is inadequate space to provide a rear emergency access lane adjacent to Bay Road. Please be advised that the shoulder to Bay Road is just over fifty feet (50’) to the rear face of the building which could serve as the rear emergency access lane, if necessary. Thank you in advance for your consideration. If you have any questions/comments or require additional information, please do not hesitate to contact me at this office. We thank you for your continued assistance with this project. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE 83

Christiana Executive Campus Item 6. 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com November 04, 2020 PLAWX-20001 Mr. Dominic J. Balascio Patel Hospitality Properties 1640 Powderhorn Drive Newtown, Pennsylvania 18940 RE: Wetland and Watercourse Presence/Absence Finding Letter Bay Pointe Apartments Project – City of Dover, Kent County, Delaware Dear Mr. Balascio: On October 06, 2020, Pennoni conducted a wetland and watercourse presence/absence investigation within and adjacent to the above referenced site to determine if wetlands and watercourses are present. The project site centroid is located along the west side of Bay Road at approximately 39°8’21.81” North Latitude and 75°29’50.27” West Longitude. The project is proposed to take place on three parcels: Tax Parcel #’s 2-05-08600- 01-1800, -1900 and -2000. The presence/absence of wetlands and watercourses were investigated within the limits of the property, as well as a buffer of 50 feet beyond, where accessible. Potential wetland and watercourse habitats located within the project study area were reviewed through the combined use of existing published data and a field investigation. Existing published data included 7.5-minute quadrangle USGS topographic mapping; Natural Resources Conservation Service (NCRS) Web Soil Survey website (http://websoilsurvey.nrcs.usda.gov); Kent County Soil Survey; U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI); and the Delaware Department of Natural Resources and Conservation (DNREC) State wetlands map. The NCRS Web Soil Survey website was reviewed to determine the soil types within the project study area. According to the website, UzC (Udorthents, 0 to 10 percent slopes) are mapped within the project study area. UzC is not listed as a hydric soil, according to the NRCS List of Hydric Soils. The USFWS NWI maps shows no wetlands mapped on the project study area. During the field survey, the presence of wetland habitats within the study area were evaluated using the Routine Wetland Delineation Method for small areas described in the US Army Corps of Engineers (USACE) Wetland Delineation Manual, Technical Report Y-87-1 (1987) and USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coast Region Version 2.0 (November 2010). The presence of watercourses was also evaluated during the field investigation. Watercourses are defined as channels or conveyances of surface water having defined bed and banks, natural or artificial, hydrologically sorted substrate material, and the presence of an Ordinary High-Water Mark (OHWM). These resources are potentially regulated under the Federal Clean Water Act as Waters of the United States of America and Delaware Code Title 7 Natural Resources and Environmental Control, Chapter 7500 as Wetlands and Subaqueous Lands. The on-site field investigation conducted on October 06, 2020, identified no wetlands or watercourse within the project study limits. If you have any questions, please contact this office. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE 84

Item 6. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 DATE: December 11, 2020 TO: Parks, Recreation, and Community Enhancement Committee Planning Commission FROM: Planning Office SUBJECT: Active Recreation Plan Update on C-20-05 Bay Pointe Apartments Regarding Submission of Updated Plan of December 11, 2020 Background At the time of original submission, the Applicant had not proposed any Active Recreation Area for Conditional Use Application C-20-05 Bay Pointe Apartments and instead requested to pay a Cash-in-lieu of Active Recreation Area Construction Donation. The Active Recreation Area required for this project was calculated at 10,000 SF. An Appraisal was received by the Planning Office dated December 3, 2020 which appraised the property at $648,000. Based on this appraisal the Cash-in-lieu of Active Recreation Area Construction amounted to $45,058.00 for the 10,000 SF of required Recreation Area. After Staff shared their recommendations to add a portion of the Active Recreation required the Applicant submitted the attached Recreation Plan on December 11, 2020. The proposed Recreation Plan now shows 3,321 SF of Active Recreation Area. Now only a deficit of 6,679 SF remains. Review of Updated Recreation Plan Planning Staff has reviewed the Updated Active Recreation Plan submitted on December 11, 2020. The Updated Active Recreation Plan, as revised, now shows a series of amenities on the site. These amenities consist of the following: • Two covered bike racks with seven (7) bicycle parking spaces each • Picnic area to the north of the north apartment building • Picnic table near the southwest corner of the south building • Additional pedestrian connectivity connecting the sidewalks in front of the north and south apartment buildings to the multi-use path along the Bay Road frontage at the northern and southern edges of the property. No additional updated Plan Sheets were provided. The DAC Report for C-20-05 prepared for the Planning Commission Meeting of December 21, 2020 is generally still applicable. The portions in the report regarding the Active Recreation Area requirements can be amended with this new information. 85

Memo to the Planning Commission and PRCE: Active Recreation Area Update to C-20-05 Bay Pointe Apartments Item 6. Page 2 of 2 After Review of the Updated Active Recreation Plan (of December 11, 2020), Staff has these additional comments: 1. Update in Cash-in-lieu Amount for Active Recreation Area Construction Donation: a. The deficit of Active Recreation Area not provided is 6,679 SF or 0.1533 Acres. At a rate of $196,245 per acre based on the appraised value of the property the new Cash-in-Lieu amount for the deficit of the required 10,000 SF of Active Recreation Area is $30,084. b. The Active Recreation Area Report should be edited to now include the amenities mentioned above including, covered bike racks, picnic areas and walking loop connections and the Cash-in-lieu of Active Recreation Area amount should be updated to reflect the new deficit of Active Recreation Area Construction. Planning Commission Action The Planning Commission is to continue its review of the Conditional Use Application C-20-05 with the addition of the Active Recreation Plan and the newly calculated Cash-in-lieu of Active Recreation Area Construction Donation amount which reflects the new deficit of 6,679 SF of the required 10,000 SF of Active Recreation Area. The DAC Report with comments (dated December 9, 2020), Recreation Plan Review Report (For PRCE Meeting of December 15, 2020), and this Memorandum (of Planning Staff Review) are provided as the City Planner Report (Zoning Ordinance, Article 10, §1.54 and §2.43 (D)). Attachments: • Recreation Area Plan for C-20-05 dated November 4, 2020, received December 11, 2020: CS1001 86

Item 6. City of Dover DATA SHEET FOR RECREATION PLAN REVIEW Review of Active Recreation Area Plan and Consideration of Cash-in-Lieu Donation PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF December 15, 2020 PLANNING COMMISSION MEETING of December 21, 2020 Plan Title: Bay Pointe Apartments Plan Type: Active Recreation Area and Consideration of Cash-in-lieu Donation (Cash-in-lieu of Recreation Area Construction) Associated with Conditional Use Site Plan C-20-05 Location: Southwest side of Bay Road at Lafferty Lane Address: 1080 and 1160 Bay Road and surrounding unaddressed parcel Tax Parcels: ED-05-086.00-01-18-00-000 ED-05-086.00-01-19.00-000 ED-05-086.00-01-20.00-000 Owner/Applicant: Patel Hospitality Properties Site Area: 3.302 +/- acres Zoning: C-4 (Highway Commercial Zone) Prior Use: vacant, wooded areas Proposed Use: Two Apartment Buildings; one containing 30 units the other containing 24 units Dwelling Units: 54 units Recreation Area: Required – 10,000 SF Provided – 0 SF (Deficient 10,000 SF) Proposed Cash-in-lieu Donation: $45,058.00 I. PROJECT SUMMARY: The project proposes the construction of two (2) Multiple Dwelling-Unit (Apartment) Buildings consisting of a three-story 39,750 SF building with 30 units and a three-story 30,864 SF building with 24 units for a total of 54 apartment units and associated site improvements including a parking lot, multi-use path along the frontage of Bay Road and sidewalk connections from the P. O. Box 475 Dover, DE 19903 87 Community Excellence Through Quality Service

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 2 of 7 parking lot to the buildings and from the multi-use path to the parking area. This project also includes landscaping at the rear of the buildings along Bay Road and around and throughout the parking area. II. ACTIVE RECREATION AREA PLAN SUMMARY: As part of the Plan review process for this project, the applicant did not submit any plans to provide recreation amenities in accordance with the design specifications described in Zoning Ordinance, Article 5 Section 10 - Open space, recreation, and other public facilities. Due to the property size and unit density, this project does qualify for an Active Recreation Area exemption for small developments under Zoning Ordinance, Article 5 §10.5. According to Article 5 §10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. With this project of fifty-four (54) units, the Active Recreation Area requirement calculates to 8,100 SF which is less than 10,000 SF thus requiring the greater amount. The following table depict the calculation of Active Recreation Area required: Required Provided on Plan Active Recreation 150 S.F. per dwelling unit or • None Provided Area (Article 5 10,000 SF whichever is greater §10.514) to be provided on site. 54 DU = 8,100 SF Required = 10,000 SF Provided: 0 SF Deficient: 10,000 SF III. CONSIDERATION OF CASH-IN-LIEU The applicant has made a request for consideration of Cash-in-lieu of Recreation Area Construction. Their request seeks to pay cash-in-lieu of construction for the entirety of the required recreation area of 10,000 SF. If the Planning Commission determines that the construction of some or all of the required active recreation area is not practical or desirable, then they shall require a full or partial cash in lieu donation for the portion of the active recreation area determined as not practical or desirable. The applicant would be required to make a cash donation to the City’s Parkland Reserve Fund in lieu of the required recreation area. Zoning Ordinance, Article 5 §10 addresses Open Space, Recreation and Other Public Facilities outlines the calculation of the amount for cash-in-lieu of recreation area construction. For the calculation of the amount of the cash donation, the Zoning Ordinance, Article 5 §10.173 Amount of cash donation specifies that the “cash donation shall be equivalent to the appraised value of land area required…” and that land area value shall be “based on the appraisal prepared for the developer to secure construction financing.” 88

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 3 of 7 An appraisal performed by Cornerstone Appraisal Group, Inc., Report dated December 3, 2020, was submitted to the Planning Office. (The appraisal document is on file in the Planning Office.) This appraisal identifies a market value (land value) of the entirety of the property which was utilized to generate a land value per acre. Based on the value of the 3.302 acres of land required to satisfy the Active Recreation Area requirement, the Cash-in-lieu amount was determined. See calculation below: 2020 Appraisal of Land Value: $648,000 Bay Road property consists of 3.302 acres of land Land Value per acre = $196,245 per acre Active Recreation Area Deficiency =10,000 SF = 0.2296 acre Cash-in-Lieu Amount = $196,245 per acre value x 0.2296 acre = $45,058 IV. REVIEW PROCESS The Planning Office has prepared this Active Recreation Area Report outlining the request for the replacement of the required Active Recreation Area with a Cash-in-lieu donation. The Parks, Recreation and Community Enhancement Committee will need to consider the proposed Cash- in-lieu of Recreation Area payment request and make a recommendation. The Planning Commission must act to accept the replacement of the Recreation Area Plan with the Cash-in- lieu donation as part of its review of the Conditional Use Site Plan. The Parks, Recreation and Community Enhancement Committee will review the elimination of the Active Recreation Area and consider the Cash-in-lieu Donation amount for Bay Pointe Apartments at their meeting on December 15, 2020. The Planning Commission Public Hearing and Review of the Conditional Use Site Plan C-20-05 and the Consideration of Cash-in-lieu Donation is scheduled for December 21, 2020. V. CODE CITATIONS: Dover Code of Ordinances, Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 10 – Open Space, Recreation and Other Public Facilities (select excerpts). Article 5 Section 10 Section 10. - Open space, recreation and other public facilities. The City of Dover shall require the reservation of open space, recreation and other public facilities in accordance with the provisions of this section as a condition of approval for all one-family dwelling, two- family dwelling and multiple-family dwelling residential developments requiring conditional use approval, site development plan approval, or land subdivision approval by the City of Dover Planning Commission. 10.1 Recreation areas. 10.11 Purpose. The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and which provide residents with a variety of active recreational pursuits. 10.12 Dedication required. The commission shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth. 89

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 4 of 7 10.13 Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. 10.14 Recreation area review…. 10.15 Design guidelines… 10.16 Area required. All residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit or one-half acre of land, whichever is greater. In no case shall the commission require that more than ten percent of the gross area of the development be so dedicated or reserved when the gross area is greater than five acres. 10.17 Cash in lieu of recreation area construction. 10.171 Determination of suitability for cash donation. If the commission determines that the construction of recreation is not practical due to close proximity to existing available recreation facilities or infeasible due to natural characteristics of the land or will not benefit the residents of the development, the commission shall require a full or partial cash in lieu of areas of donation to be made by the developer in lieu of a full or partial dedication of land. 10.172 Separate recreation account. The cash donation shall be deposited in a separate account to be used for parks, playgrounds or recreational purposes. 10.173 Amount of cash donation. The cash donation shall be equivalent to the appraised value of land area required in section 10.16. The land area value shall be based on the appraisal prepared for the developer to secure construction financing. This submitted appraisal shall be a copy of the original supplied to the lending institution, with that institution identified, and shall conform in all ways to the Uniform Standards of Professional Appraisal practice and be performed by an appropriately qualified certified appraiser. If an appraisal prepared for construction financing is not available, then the developer shall have an appraisal done in accordance with the procedures set forth in [sub]section 10.174. 10.174 Appeal of appraised value. If the city does not accept the land value established by the appraisal detailed in [sub]section 10.173, the city may, at the developer's expense, require another appraisal be performed. This appraisal will be let on a bid basis between at least three appropriately qualified, certified appraisers selected by the city. The appraiser(s) who prepared the original appraisal in [sub]section 10.173 cannot be a party to this appeal appraisal. 10.175 Payment of cash donation. One hundred percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development. 10.5 Exemption to recreation area and open space dedication. 10.51 Exemptions for small developments. 10.514 Residential developments of ten (10) or fewer acres with a density over six units per acre. These developments shall be exempt from the area requirements set forth in section 10.16, but shall be required to provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. If the commission determines that the construction of some or all of the required active recreation area is not practical or desirable, the commission shall require a cash in lieu donation for the active recreation area determined as not practical or desirable. Cash-in- lieu amount shall be in accordance with subsection 10.173 of this article. 90

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 5 of 7 10.7 Council approval. Prior to acceptance by the planning commission, all areas planned for public dedication, or cash donations provided under this section must be submitted to, and approved by the parks, recreation, and community enhancement committee of the City of Dover, and shall be subject to final review and approval by [the] city council. VI. STAFF RECOMMENDATIONS The following are comments and recommendations from Staff of the Planning Office following review of the Active Recreation Area Plan and Request for Consideration of Cash-in-lieu for Application C-20-05 Bay Pointe Apartments. 1) Active Recreation Area: As a residential development, there is a requirement for Active Recreation area. The project does not propose any on-site amenities that could be deemed Active Recreation Area. While the applicant does not propose any Active Recreation on-site, the Staff feels that there are possibilities of adding some amenities even with the limited space available. Staff encourages the development of some on-site amenities to serve the residential community of 54 apartment units. Staff Recommends the following regarding adding some Active Recreation Area to this property (apartment project). The provision of on-site amenities will count towards meeting the Active Recreation Area requirement (and reduce Cash-in-Lieu Amount). a. Pedestrian Connectivity: Staff notes that the sidewalk system could easily be extended around the parking area with additional connections to the multi-use path to allow for a walking loop or fitness trail. Another option is to extend the sidewalk system around the ends of the apartment buildings to reconnect to the multi-use path along Bay Road frontage. (Note: The area of the improved width of the additional pathway would count towards Active Recreation Area.) b. Bike Parking & Connectivity: Bike parking should be located inside and around the apartment building. The proximity to the St. Jones Greenway Trail would suggest that heavy bicycle use could be common amongst the tenants. i. While exterior bicycle parking is shown for the tenants at the front of each building to comply with bicycle parking requirements of the Zoning Ordinance, adding a covered bike parking area could provide some amenity to count towards the Active Recreation Area. ii. Alternatively, creating some type of indoor bike locker system could also keep bicycles out of the elements and more secure. Even though this would be indoors it could still count towards the Active Recreation Area needed. c. Amenities: Since grilling/barbecuing is prohibited on apartment (multi-family units) balconies due to strict Fire Codes (including as per Dover Code of Ordinances, Chapter 46), Staff suggests the addition of an outdoor grill area for recreational barbecuing with possible pavilion and/or picnic tables. 2) The proposed plan requires 10,000 SF of Active Recreation Area and it is currently shown as proposing none. The project deficit is 10,000 S.F. of Active Recreation Area. 91

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 6 of 7 a. The deficiency of Active Recreation Area must be satisfied. There are multiple options to achieve this including, but not limited to, the proposal of some Active Recreation amenities and the payment of the balance in a cash-in-lieu of Active Recreation Area Construction, or a Cash-in-lieu Donation for the entirety of the required recreation area. The applicant has made a request for Cash-in-lieu of Recreation Area Construction for the entirety of the 10,000 SF of Active Recreation Area required. 3) Consideration of Cash-in-lieu of Recreation Area Construction: The Commission should determine how the proposal should best address the requirement for an Active Recreation Area, which must be at least 150 SF per dwelling unit or 10,000 SF whichever is greater (150 SF x 54 D.U. = 8,100 SF) as required by the Zoning Ordinance. The applicant is seeking to instead pay a Cash-in-lieu Donation for entire required area not provided. Staff recommends requiring the applicant to provide some on-site Active Recreation opportunities and accepting a Cash-in-lieu Donation for the deficit of Active Recreation Area Construction at a rate of $196,245 per acre. Alternatively, the Council Committee could agree to accept the $45,058.00 Cash-in-lieu of Recreation Area Construction Donation, as the amount complies with the requirements of the Zoning Ordinance. VII. ADVISORY COMMENTS 1) The Conditional Use Site Plan set including any Recreation Area are to include appropriate improvements, plans, and details of the Recreation Area as approved. 2) A Cash-in-lieu of Active Recreation Area Construction payment shall be submitted for the agreed upon amount to the Planning Office prior to the issuance of the Building Permit for the Apartment Buildings. The Cash-in-lieu donation will be deposited in the City’s Parkland Reserve Fund account. 3) There shall be provisions which ensure that any proposed active recreation areas shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of the common use areas or provide for and establish one (1) or more organizations for the ownership and maintenance of all common space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the recreation areas. 4) In the event, that major changes and revisions to the Plan occur in the finalization of the Plan contact the Planning Office. Examples include reorientation of buildings, relocation of site components, changes in floor area or unit count, or design revisions impacting Active Recreation Areas. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 5) The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Active Recreation Area requirements and Request for Consideration of Cash-in-Lieu Donation. 92

Item 6. C-20-05: Bay Pointe Apartments Active Recreation Area Review and Approval of Cash Donation Report to Parks, Recreation & Community Enhancement Committee – December 15, 2020 Page 7 of 7 Attachments: • Site Plan C-20-05 Bay Pointe Apartments Site Improvement Plan Sheet (CS1001) and Landscape Plan Sheet (CS2001) • Building Architecture: Elevations of Apartment Building • Letter regarding Request for Consideration of Cash-in-lieu Donation dated 12/4/2020 93

Item 6. PENNONI ASSOCIATES INC. SITE DATA Christiana Executive Campus TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) 2-05-08600-01-1900-00001 (LOT 2) 2-05-08600-01-2000-00001 (LOT 3) 121 Continental Drive, Suite 207 OWNER NAME PATEL HOSPITALITY PROPERTIES OWNER ADDRESS 1640 POWDERHORN DRIVE (OT RO NO RTH NEWTOWN, PA 18940 Newark, DE 19713-4310 EXISTING ZONING C4 HE RE UT EXISTING USE VACANT XP RE SS WA E1 PROPOSED USE (CONDITIONAL USE) PROPERTY ACREAGE (CONSOLIDATED) MULTI-FAMILY APARTMENT - 54 UNITS 3.302 ACRES (143,856 SF) T 302.655.4451 F 302.654.2895 ED YS GE OF &F RE EW ZONING REGULATIONS PA 30' VIN AY AR TE G ) REQUIRED PROPOSED RIA MINIMUM LOT WIDTH (FT) 150 682 35' LS RE TR MINIMUM LOT DEPTH (FT) 150 297 AR EE SE TS MINIMUM FRONT YARD (FT) 20 30 ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR TB ET AC BA MINIMUM SIDE YARD (FT) 15 16.3 K CK LIGHT DUTY ASPHALT PAVEMENT MINIMUM REAR YARD (FT) 35 (BLDG HEIGHT) 61.1 MAXIMUM BUILDING HEIGHT (FT) 75 35 MAXIMUM BUILDING HEIGHT (# OF STORIES) 6 3 PROPOSED BIKE RAOK (TYP. OF 6) MAXIMUM LOT COVERAGE (%) 75% 77,600 SF | 53.9% 29 PROPOSED 8 FT TALL CMU DUMPSTER ENCLOSURE WITH GATE (TYP. OF 2) PARKING RATIONALE CONTAINING (2) TWO 8 CF DUMPSTERS AND OWNER MUST BE NOTIFIED OF ANY PROPOSED CONCRETE CURB REQUIRED OFF-STREET PARKING 2 SPACES PER DWELLING UNIT + DELDOT PCC 1-6 (TYP.) 1 SPACE FOR EVERY 200 SF OF OFFICE + 10 0.25 SPACES PER DWELLING UNIT FOR VISITORS = (2*54) + (1*0/200) + (0.25*54) = 122 PROPOSED OFF-STREET PARKING = 124 18 REQUIRED HANDICAP PARKING = 5 (1 MUST BE VAN ACCESSIBLE) RE .00 5 FU ' PROPOSED HANDICAP PARKING = 6 (4 VAN ACCESSIBLE) STORMWATER BASIN STORMWATER BASIN SE REQUIRED BICYCLE PARKING 1 PER 20 PROPOSED OFF-STREET PARKING SPACES DISCREPANCIES BEFORE PROCEEDING WITH WORK BOTTOM ELEV. 26.00 BOTTOM ELEV. 26.00 =6 5,700 SF BOTTOM 4,000 SF BOTTOM PROPOSED BICYCLE PARKING =6 28 24' 16 10 REQUIRED DUMPSTERS 2 FOR FIRST 48 DWELLING UNITS 18' .00 ' 1 FOR EACH ADDITIONAL 24 UNITS OR FRACTION =3 R1 REFUSE 0 PROPOSED DUMPSTERS =4 9' ' EXISTING LAND USE SUMMARY R4' 4 5' ' R3 8' 5' R2 R2 BUILDINGS (PRIMARY) 0 SF 5' ADDITIONAL IMPERVIOUS SURFACE 1,053 SF 15' SIDE YARD SE OPEN SPACE 142,803 SF TOTAL 143,856 SF 15 17 .1' 61 PROPOSED LAND USE SUMMARY 15.0' 15.0' BUILDINGS (PRIMARY) 23,538 SF TBACK ADDITIONAL IMPERVIOUS SURFACE 54,062 SF 5' OPEN SPACE 66,256 SF 24' TOTAL 143,856 SF ACTIVE RECREATION CALCULATION BAY POINTE APARTMENTS SITE IMPROVEMENT PLAN 3-STORY, 30,864 GSF 3-STORY, 39,750 GSF PATEL HOSPITALITY PROPERTIES APARTMENT BUILDING PER ARTICLE 5, SECTION 10.514 ("RESIDENTIAL DEVELOPMENTS OF TEN (10) OR FEWER APARTMENT BUILDING 56.1' (13,250 SF FOOTPRINT) ACRES WITH A DENSITY OVER SIX UNITS PER ACRE") (10,288 SF FOOTPRINT) 16.3' 24 UNITS 30 UNITS REQUIRED ACTIVE RECREATION SPACE 150 SF PER DWELLING UNIT OR 10,000 SF, WHICHEVER IS GREATER BAY ROAD 35 FT MAX HEIGHT 1640 POWDERHORN DRIVE 35 FT MAX HEIGHT FFE 36.45 = 7,200 SF (150 * 54) OR 10,000 SF FFE 36.45 R112 R8 ' = 10,000 SF 8' PROPOSED ACTIVE RECREATION SPACE FEE-IN-LIEU 30' ARTERIAL STREET SETBACK LEGEND 30.0' 30.0' CITY OF DOVER, DELAWARE 19901 20' FRONT YARD SETBACK NEWTOWN, PENNSYLVANIA 18940 EXISTING BUILDING 15' MULTI-MODAL EASEMENT RIGHT-OF-WAY / PROPERTY LINE CURB 5' SIDEWALK R3 R3 10 FT WIDE MULTI USE PATH 5' PAVEMENT 10' 219' SIGN EDGE OF PAVING UTILITY POLE AND LIGHT FH HYDRANT EDGE OF TRAVEL LANE (WHITE STRIPE) 85' 134' NO PARKING SIGN 5 MAJOR CONTOUR 4 MINOR CONTOUR ROUTE 113 WATER LINE UNDERGROUND GAS LINE SITE CONSTRUCTION NOTES: (MINOR ARTERIAL) UNDERGROUND STEAM LINE EX. R/W 200' 1. ALL WORK SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL CODES. ALL NECESSARY LICENSES AND PERMITS SHALL BE OBTAINED BY THE CONTRACTOR AT HIS EXPENSE COMBINED SEWER UNLESS PREVIOUSLY OBTAINED BY OWNER. THE CONTRACTOR SHALL ERECT AND MAINTAIN, AS REQUIRED BY THE CONDITIONS AND PROGRESS OF THE WORK, ALL NECESSARY SAFEGUARDS FOR DRAINAGE SEWER BY SAFETY AND PROTECTION OVERHEAD ELECTRIC LINE PROJECT STATUS: ---- 2. THE CONTRACTOR SHALL IMMEDIATELY INFORM THE ENGINEER OF ANY DISCREPANCIES OR ERRORS THEY DISCOVER IN THE PLAN. UNDERGROUND ELECTRIC LINE 3. DEVIATION FROM THESE PLANS AND NOTES WITHOUT THE PRIOR CONSENT OF THE OWNER OR HIS REPRESENTATIVE OR THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE REJECTED. UNDERGROUND TELECOMM LINE 4. ALL MATERIALS SHALL BE NEW AND SHALL BE ASBESTOS AND VERMICULITE FREE. ALL MATERIALS SHALL BE STORED SO AS TO ASSURE THE PRESERVATION OF THEIR QUALITY AND FITNESS FOR THE UNDERGROUND COMMUNICATIONS LINE INTENDED WORK. 5. DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. CONTRACTOR PLOTSTYLE:Pennoni NCS.stb SHALL BE RESPONSIBLE FOR ALL WORK TO BE PERFORMED. IT MUST BE IN COMPLIANCE WITH THE MANHOLES OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED AND ALL RULES AND REGULATIONS LAFF THERETO APPURTENANT. 6. PRIOR TO CONSTRUCTION, CONTRACTOR TO FIELD LOCATE AND RECORD AND DAMAGE TO EXISTING VALVES PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REMOVED OR REPLACED, ENGINEER TO REVISIONS VERIFY LOCATION AND EXTENT OF DAMAGE. INLET 7. THE CONTRACTOR SHALL MAINTAIN ONE COMPLETE SET OF CONTRACT DRAWINGS ON WHICH HE O (MIN SHALL NOTE, IN RED, THE ALIGNMENTS AND INVERTS OF ALL UNDERGROUND UTILITIES INSTALLED OR TREE ERTY ENCOUNTERED DURING THE PROSECUTION OF THE WORK. ALL DISCREPANCIES BETWEEN THE PLAN LLEC LOCATIONS AND ELEVATIONS OF BOTH THE EXISTING AND PROPOSED UTILITIES SHALL BE SHOWN ON PROPOSED BUILDING THE AS-BUILT DRAWINGS TO BE MAINTAINED BY THE CONTRACTOR IN THE FIELD. U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS1001.dwg PLOTTED:11/4/2020 11:26 , AMBY:Brendan Diener R CO 8. THE CONTRACTOR SHALL OPEN ONLY THAT SECTION OF TRENCH OR ACCESS PITS WHICH CAN BE PROPOSED PROPERTY LINE BACKFILLED AND STABILIZED AT THE END OF EACH WORKING DAY. STEEL PLATES SHALL BE USED ON PROPOSED CONCRETE CURB ANY TRENCH OR ACCESS PITS WHICH MUST REMAIN OPEN OVERNIGHT. THIS REQUIREMENT DOES NOT TOR) APPLY TO AREAS COMPLETELY CLOSED AND SECURE FROM VEHICULAR OR PEDESTRIAN TRAFFIC. PROPOSED HEAVY DUTY CONCRETE LANE 9. DAMAGE TO EXISTING PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REPLACED OR REMOVED DURING CONSTRUCTION SHALL BE IMMEDIATELY REPORTED TO ENGINEER, CONTRACTOR SHALL PROPOSED LIGHT DUTY CONCRETE REPAIR OR REPLACE ALL DAMAGED WORK WITHOUT CHARGE TO THE OWNER. NO. 10. MISS UTILITY SHALL BE NOTIFIED THREE (3) DAYS PRIOR TO EXCAVATION. PROPOSED HEAVY DUTY ASPHALT 11. ALL DISTURBED AREAS WITHIN THE LIMIT OF DISTURBANCE, BUT NOT IN PAVEMENT, SHALL BE TOP-SOILED (6" MINIMUM), SEEDED AND MULCHED. IF THE ENGINEER DETERMINES THAT A PROPOSED LIGHT DUTY ASPHALT SATISFACTORY STAND OF GRASS DOES NOT EXIST AT THE TIME OF FINAL INSPECTION, ALL COSTS DATE ASSOCIATED WITH RE-ESTABLISHING A SATISFACTORY STAND OF GRASS SHALL BE AT THE CONTRACTOR'S EXPENSE. 12. ALL SIGNING FOR MAINTENANCE OF TRAFFIC IS THE CONTRACTORS RESPONSIBILITY, AND SHALL ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES FOLLOW THE GUIDELINES SHOWN IN LATEST EDITION OF "DELAWARE TRAFFIC CONTROLS FOR ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE STREETS AND HIGHWAY CONSTRUCTION, MAINTENANCE, UTILITY, AND EMERGENCY OPERATIONS." PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON 13. DESIGN, FABRICATION AND INSTALLATION OF ALL PERMANENT SIGNING SHALL BE AS OUTLINED IN THE THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER LATEST VERSION OF THE DE MUTCD. PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION 14. DESIGN AND INSTALLATION OF ALL PAVEMENT MARKINGS AND STRIPING SHALL BE AS OUTLINED IN OR ADAPTATION BY PENNONI ASSOCIATES FOR THE THE LATEST VERSION OF THE DE MUTCD. FOR FINAL PERMANENT PAVEMENT MARKINGS: SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL a) EPOXY RESIN PAINT SHALL BE REQUIRED FOR LONG LINE STRIPING. EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI b) THERMO PLASTIC (EXTRUDED OR PREFORMED MATERIAL) WILL BE REQUIRED ON ASPHALT SURFACES, ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. FIRE MARSHAL NOTES: EXPENSES ARISING OUT OF OR RESULTING THEREFROM. c) PERMANENT PAVEMENT MARKING TAPE (PER DELDOT APPROVED MATERIALS LIST) WILL BE REQUIRED ON CONCRETE SURFACES, FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. 1. ALL FIRE LANES, FIRE HYDRANTS, AND FIRE DEPARTMENT CONNECTIONS SHALL BE MARKED IN ACCORDANCE WITH THE STATE FIRE PREVENTION REGULATIONS. PROJECT PLAWX20001 15. BREAKAWAY POSTS SHALL BE USED WHEN INSTALLING ALL SIGNS. REFERENCE DELDOT STANDARD 2. THE FOLLOWING WATER FOR FIRE PROTECTION REQUIREMENTS APPLY: MAIN SIZES: CONSTRUCTION DETAIL T-15. 6" MINIMUM. MINIMUM CAPACITY: 1,000 GPM @ 20 PSI RESIDUAL FOR 1 HOUR DATE 2020-11-04 16. THE CONTRACTOR SHALL NOTIFY THE FOLLOWING, TWO (2) WEEKS PRIOR TO THE START OF DURATION. HYDRANT SPACING: 800' ON CENTER (DSFPR REGULATION 702, CHAPTER CONSTRUCTION: 6, SECTION 3). DRAWING SCALE 1" = 30' 16.1. THE OWNER, KENT CONSERVATION DISTRICT, & SITE ENGINEER 3. LOCK BOX REQUIRED, CONTACT LOCAL FIRE CHIEF FOR ORDERING INFORMATION 17. THE CONTRACTOR SHALL MAINTAIN PUBLIC ROADS AND STREETS IN A BROOM SWEPT CONDITION AT AND LOCATION OF BOX ON THE BUILDING. DRAWN BY BRD ALL TIMES. 4. THE PROPOSED BUILDING SHALL BE THREE STORY (35 FT MAX.) 18. THE CONTRACTOR SHALL REMOVE AND IMMEDIATELY REPLACE, RELOCATE, RESET OR RECONSTRUCT APPROVED BY DDB 5. THE PROPOSE BUILDING CONSTRUCTION TYPE PER NFPA 220, STANDARD ON TYPES 0 30' 60' ALL OBSTRUCTIONS IN THE WORK AREA, INCLUDING, BUT NOT LIMITED TO, MAILBOXES, SIGNS, OF BUILDING CONSTRUCTION, SHALL BE TYPE V(000). CS1001 LANDSCAPING, LIGHTING, PLANTERS, CULVERTS, DRIVEWAYS, PARKING AREAS, CURBS, GUTTERS, FENCES, OR OTHER NATURAL OR MAN-MADE OBSTRUCTIONS. TRAFFIC CONTROL REGULATORY, 6. AUTOMATIC FIRE SPRINKLERS ARE PROPOSED FOR THIS STRUCTURE. WARNING AND INFORMATION SIGNS SHALL REMAIN FUNCTIONAL AND VISIBLE TO THE APPROPRIATE LANES OF TRAFFIC AT ALL TIMES, WITH THEIR RELOCATION KEPT TO A MINIMUM DISTANCE. 19. TRANSITIONS FROM PROPOSED SIDEWALK AND CURB TO EXISTING SHALL BE MADE AT THE NEAREST NOT FOR CONSTRUCTION EXISTING JOINT. SHEET 3 OF 7 94

Item 6. PENNONI ASSOCIATES INC. 39 EXISTING HW INV IN 31.40 NO SITE DATA Christiana Executive Campus RTH TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) 38 2-05-08600-01-1900-00001 (LOT 2) 50 2-05-08600-01-2000-00001 (LOT 3) 121 Continental Drive, Suite 207 45 32 40 OWNER NAME PATEL HOSPITALITY PROPERTIES 35 OWNER ADDRESS 1640 POWDERHORN DRIVE NEWTOWN, PA 18940 33 (OT RO EXISTING ZONING C4 Newark, DE 19713-4310 UT EXISTING USE VACANT HE PROPOSED USE (CONDITIONAL USE) MULTI-FAMILY APARTMENT - 54 UNITS RE E1 34 XP PROPERTY ACREAGE (CONSOLIDATED) 3.302 ACRES (143,856 SF) T 302.655.4451 F 302.654.2895 35 32 RE SS 36 33 WA ED YS GE &F OF PA RE EW LEGEND VIN AY 38 G ) EXISTING BUILDING 34 ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR 35 (4) LS RIGHT-OF-WAY / PROPERTY LINE 36 CURB 36 35 SIDEWALK (1) LS PAVEMENT 37 29 (1) AR SIGN AND OWNER MUST BE NOTIFIED OF ANY 36 UTILITY POLE AND LIGHT (1) AR (11) RG FH HYDRANT 33 35 (2) GS (2) GS (38) RG 10 (1) GS (14) RG 5 MAJOR CONTOUR 35 36 35 4 MINOR CONTOUR 36 (2) GS RE WATER LINE DISCREPANCIES BEFORE PROCEEDING WITH WORK 5 FU SE UNDERGROUND GAS LINE 33 (5) IC UNDERGROUND STEAM LINE MULCHED LANDSCAPE 28 16 BED TYP. COMBINED SEWER 35 34 (7) IC 34 AR DRAINAGE SEWER REFUSE (10) IC (1) (14) RG (14) RG 4 OVERHEAD ELECTRIC LINE (11) JE (13) JE 36 UNDERGROUND ELECTRIC LINE (5) IC (1) AR (1) AR (1) AR 36 35 UNDERGROUND TELECOMM LINE (1) AR (7) IC (7) IC UNDERGROUND COMMUNICATIONS LINE 15 17 37 35 36 MANHOLES 36 36 36 36 36 VALVES 36 36 INLET BAY POINTE APARTMENTS TREE PATEL HOSPITALITY PROPERTIES 36 3-STORY, 30,864 GSF 3-STORY, 39,750 GSF PROPOSED BUILDING 37 MULCHED LANDSCAPE APARTMENT BUILDING APARTMENT BUILDING LANDSCAPE PLAN (10,288 SF FOOTPRINT) (13,250 SF FOOTPRINT) PROPOSED PROPERTY LINE BAY ROAD BED TYP. 1640 POWDERHORN DRIVE 36 24 UNITS 30 UNITS (3) IV 35 FT MAX HEIGHT (1) AC 35 FT MAX HEIGHT MULCHED LANDSCAPE PROPOSED CONCRETE CURB FFE 36.45 FFE 36.45 BED TYP. (1) TG 37 (3) IV (8) IC 37 37 PROPOSED HEAVY DUTY CONCRETE (2) TG (3) CV (3) IV (3) IV 37 (2) TG (2) TG (2) TG (3) TG (3) TG (2) TG PROPOSED LIGHT DUTY CONCRETE 38 (3) IV (1) AC PROPOSED HEAVY DUTY ASPHALT 37 PROPOSED LIGHT DUTY ASPHALT CITY OF DOVER, DELAWARE 19901 NEWTOWN, PENNSYLVANIA 18940 36 36 36 36 (8) IV 37 37 37 37 (2) CV 5 PROPOSED MAJOR CONTOUR (1) AC (5) IV 4 PROPOSED MINOR CONTOUR (1) AC (3) IV (6) IV W PROPOSED WATER PIPE (9) IV (1) CV (2) TG 10 FT WIDE MULTI USE PATH S PROPOSED SEWAGE PIPE UC PROPOSED COMMUNICATIONS LINE 36 37 36 37 36 37 UE PROPOSED ELECTRIC LINE 37 37 EDGE OF PAVING 38 38 38 UG PROPOSED GAS LINE EDGE OF TRAVEL LANE (WHITE STRIPE) ROUTE 113 (MINOR ARTERIAL) BY PROJECT STATUS: ---- PLANT SCHEDULE DECIDUOUS TREES QTY BOTANICAL NAME COMMON NAME SIZE ROOT REMARKS AR 7 ACER RUBRUM `AUTUMN FLAME` AUTUMN FLAME RED MAPLE 2" - 2.5" CAL. B&B STRAIGHT SINGLE LEADER PLOTSTYLE:Pennoni NCS.stb GS 7 GLEDITSIA TRIACANTHOS `SKYLINE` SKYLINE HONEY LOCUST 2" - 2.5" CAL. B&B LS 5 LIQUIDAMBAR STYRACIFLUA `ROTUNDILOBA` TM ROUND-LOBED SWEET GUM 2" - 2.5" CAL. B&B EVERGREEN TREES QTY BOTANICAL NAME COMMON NAME SIZE ROOT REMARKS REVISIONS TG 19 THUJA STANDISHII X PLICATA `GREEN GIANT` GREEN GIANT ARBORVITAE 6`-7` HT. CONT. FULL FORM TO GROUND FLOWERING TREES QTY BOTANICAL NAME COMMON NAME SIZE ROOT REMARKS AC 4 AMELANCHIER CANADENSIS CANADIAN SERVICEBERRY 8`-9` HT. B&B CV 6 CRATAEGUS VIRIDIS `WINTER KING` WINTER KING HAWTHORN 8`-9` HT. B&B U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS2001.dwg PLOTTED:11/4/2020 11:27 , AMBY:Brendan Diener SHRUBS QTY BOTANICAL NAME COMMON NAME SIZE ROOT HEIGHT REMARKS IC 49 ILEX CRENATA `COMPACTA` DWARF JAPANESE HOLLY 5 GAL. CONT. 18" - 24" MIN. 3 STEMS IV 46 ITEA VIRGINICA `HENRY`S GARNET` HENRY`S GARNET SWEETSPIRE 5 GAL. CONT. 18" - 24" MIN. 3 STEMS RG 91 RHUS AROMATICA `GRO-LOW` GRO-LOW FRAGRANT SUMAC 2 GAL. CONT. 12" - 15" MIN. 3 STEMS NO. GROUND COVERS QTY BOTANICAL NAME COMMON NAME SIZE ROOT HEIGHT/SPREAD SPACING REMARKS JE 24 JUNIPERUS CONFERTA `EMERALD SEA` EMERALD SEA SHORE JUNIPER 2 GAL. CONT. 15" - 18" 36" o.c. DATE ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT PLAWX20001 DATE 2020-11-04 DRAWING SCALE AS NOTED DRAWN BY BRD APPROVED BY GBR 0 30' 60' NOT FOR CONSTRUCTION CS2001 SHEET 6 OF 7 95

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Christiana Executive Campus Item 6. 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F: 302-654-2895 www.pennoni.com December 4, 2020 PLAWX-20001 Ms. Dawn Melson-Williams, AICP, Principal Planner City of Dover Department of Planning & Inspections 15 Loockerman Plaza Dover, Delaware 19901 RE: Bay Pointe Apartments Project Conditional Use Site Plan Application – Active Recreation Fee-in-Lieu Bay Road – City of Dover, Kent County, Delaware Dear Ms. Melson-Williams: Per Article 5, Section 10.514 of the City of Dover Zoning Code, residential developments of ten (10) or fewer acres with a density of over six (6) units per acre shall provide 150 square feet of active recreation area per dwelling unit or 10,000 square feet of active recreation area, whichever is greater. For this 54-unit project, 10,000 square feet of active recreation area would be required. The Developer/Applicant would like to respectfully request that a fee-in-lieu of recreation area construction be offered for this application. Construction of the required active recreation area on this site would not be feasible due to little contiguous and adequate space for such a facility equaling the required amount. The open areas that are available are also near existing arterial or limited access highways which do not make ideal locations for siting of such features. It is also anticipated that some of the renters of the proposed apartments may be Air Force service members and/or personnel stationed at the Dover Air Base. Planned active recreation areas and opportunities are available to service members, personnel, and their families on the Dover Air Base. In accordance with Article V, Section 10.17 of the City of Dover Zoning Code, the required fee-in-lieu amount shall be equivalent to the appraised value of the land area required. The land area value shall be based on an appraisal prepared for the developer to secure construction financing. An appraisal – as prepared by the Cornerstone Appraisal Group, Inc. – has been completed for the Developer/Applicant and will be submitted to you under separate cover. The appraised amount for 10,000 square feet of active recreation area on this C-4 zoned property – as proposed – is $47,500.00. We appreciate your consideration of this request. Should you have any questions/comments or require additional information, please do not hesitate to contact me at this office. We thank you for your continued assistance with this project. Respectfully submitted, PENNONI ASSOCIATES INC. Douglas D. Barry, PE Attachments 99

Item 6. PENNONI ASSOCIATES INC. SITE DATA Christiana Executive Campus TAX PARCEL NUMBERS 2-05-08600-01-1800-00001 (LOT 1) 2-05-08600-01-1900-00001 (LOT 2) 2-05-08600-01-2000-00001 (LOT 3) 121 Continental Drive, Suite 207 OWNER NAME PATEL HOSPITALITY PROPERTIES OWNER ADDRESS 1640 POWDERHORN DRIVE (OT RO NO RTH EXISTING ZONING NEWTOWN, PA 18940 C4 Newark, DE 19713-4310 HE RE UT EXISTING USE VACANT XP RE SS WA E1 PROPOSED USE (CONDITIONAL USE) PROPERTY ACREAGE (CONSOLIDATED) MULTI-FAMILY APARTMENT - 54 UNITS 3.302 ACRES (143,856 SF) T 302.655.4451 F 302.654.2895 ED YS GEO FP &F RE EW ZONING REGULATIONS 30' AV AY AR ING ) REQUIRED PROPOSED TE RIA MINIMUM LOT WIDTH (FT) 150 682 35' LS R TR MINIMUM LOT DEPTH (FT) 150 297 EA EE RS TS MINIMUM FRONT YARD (FT) 20 30 ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR ET ET BA BA MINIMUM SIDE YARD (FT) 15 16.3 CK CK LIGHT DUTY ASPHALT PAVEMENT MINIMUM REAR YARD (FT) 35 (BLDG HEIGHT) 61.1 MAXIMUM BUILDING HEIGHT (FT) 75 35 MAXIMUM BUILDING HEIGHT (# OF STORIES) 6 3 MAXIMUM LOT COVERAGE (%) 75% 77,600 SF | 53.9% 29 PROPOSED 8 FT TALL CMU DUMPSTER ENCLOSURE WITH GATE (TYP. OF 2) PARKING RATIONALE CONTAINING (2) TWO 8 CF DUMPSTERS AND OWNER MUST BE NOTIFIED OF ANY PROPOSED CONCRETE CURB REQUIRED OFF-STREET PARKING 2 SPACES PER DWELLING UNIT + DELDOT PCC 1-6 (TYP.) 1 SPACE FOR EVERY 200 SF OF OFFICE + 10 0.25 SPACES PER DWELLING UNIT FOR VISITORS = (2*54) + (1*0/200) + (0.25*54) PROPOSED COVERED BIKE RACK = 122 (MIN. 7 BIKE CAPACITY) PROPOSED OFF-STREET PARKING = 124 18 REQUIRED HANDICAP PARKING = 5 (1 MUST BE VAN ACCESSIBLE) RE .00 5 ' PROPOSED HANDICAP PARKING = 6 (4 VAN ACCESSIBLE) TBACK FU STORMWATER BASIN STORMWATER BASIN SE REQUIRED BICYCLE PARKING 1 PER 20 PROPOSED OFF-STREET PARKING SPACES 15' SIDE YARD SE DISCREPANCIES BEFORE PROCEEDING WITH WORK BOTTOM ELEV. 26.00 BOTTOM ELEV. 26.00 =6 5,700 SF BOTTOM 4,000 SF BOTTOM ' PROPOSED BICYCLE PARKING =6 28 24' 18' 16 .00 REQUIRED DUMPSTERS 2 FOR FIRST 48 DWELLING UNITS 10 PICNIC AREA 1 FOR EACH ADDITIONAL 24 UNITS OR FRACTION =3 R1 REFUSE R4 0' PROPOSED DUMPSTERS =4 9' ' PROPOSED COVERED BIKE RACK 4 1,771 SQ. FT. ACTIVE RECREATION AREA (MIN. 7 BIKE CAPACITY) 5' ' EXISTING LAND USE SUMMARY R3 8' 5' R2 5' R2 BUILDINGS (PRIMARY) 0 SF 15 17 .1' ADDITIONAL IMPERVIOUS SURFACE 1,053 SF 61 OPEN SPACE 142,803 SF TOTAL 143,856 SF 15.0' 15.0' PROPOSED LAND USE SUMMARY 5' BUILDINGS (PRIMARY) 23,538 SF 24' ADDITIONAL IMPERVIOUS SURFACE 56,912 SF OPEN SPACE 63,406 SF TOTAL 143,856 SF PICNIC BENCH BAY POINTE APARTMENTS SITE IMPROVEMENT PLAN 3-STORY, 30,864 GSF 471 SQ. FT. ACTIVE RECREATION AREA 3-STORY, 39,750 GSF ACTIVE RECREATION CALCULATION PATEL HOSPITALITY PROPERTIES 5'' WIDE SIDEWALK APARTMENT BUILDING APARTMENT BUILDING 56.1' (13,250 SF FOOTPRINT) (10,288 SF FOOTPRINT) 16.3' 24 UNITS 30 UNITS PER ARTICLE 5, SECTION 10.514 ("RESIDENTIAL DEVELOPMENTS OF TEN (10) OR FEWER BAY ROAD 1640 POWDERHORN DRIVE 35 FT MAX HEIGHT 35 FT MAX HEIGHT ACRES WITH A DENSITY OVER SIX UNITS PER ACRE") 1,079 SQ. FT. ACTIVE RECREATION AREA FFE 36.45 R112' FFE 36.45 R8 REQUIRED ACTIVE RECREATION SPACE 150 SF PER DWELLING UNIT OR 10,000 SF, WHICHEVER IS GREATER 8' = 7,200 SF (150 * 54) OR 10,000 SF = 10,000 SF PROPOSED ACTIVE RECREATION SPACE = 3,321 SF (PROVIDED ON SITE) 30' ARTERIAL STREET SETBACK ACTIVE REC AREA DEFICIENCY = 6,679 SF (0.1533 ACRES) FEE-IN-LIEU = 0.1533 ACRES * $196,245 (APPRAISED VALUE PER ACRE) 30.0' 30.0' = $30,084 CITY OF DOVER, DELAWARE 19901 20' FRONT YARD SETBACK NEWTOWN, PENNSYLVANIA 18940 15' MULTI-MODAL EASEMENT LEGEND R3 5' 10 FT WIDE MULTI USE PATH EXISTING BUILDING 5' R3 10' RIGHT-OF-WAY / PROPERTY LINE 219' CURB EDGE OF PAVING SIDEWALK EDGE OF TRAVEL LANE (WHITE STRIPE) PAVEMENT 85' 134' NO PARKING SIGN SIGN UTILITY POLE AND LIGHT ROUTE 113 FH HYDRANT SITE CONSTRUCTION NOTES: (MINOR ARTERIAL) 5 MAJOR CONTOUR 4 MINOR CONTOUR EX. R/W 200' 1. ALL WORK SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL CODES. ALL NECESSARY LICENSES AND PERMITS SHALL BE OBTAINED BY THE CONTRACTOR AT HIS EXPENSE WATER LINE UNLESS PREVIOUSLY OBTAINED BY OWNER. THE CONTRACTOR SHALL ERECT AND MAINTAIN, AS REQUIRED BY THE CONDITIONS AND PROGRESS OF THE WORK, ALL NECESSARY SAFEGUARDS FOR UNDERGROUND GAS LINE SAFETY AND PROTECTION GBR BY PROJECT STATUS: ---- 2. THE CONTRACTOR SHALL IMMEDIATELY INFORM THE ENGINEER OF ANY DISCREPANCIES OR ERRORS UNDERGROUND STEAM LINE THEY DISCOVER IN THE PLAN. 3. DEVIATION FROM THESE PLANS AND NOTES WITHOUT THE PRIOR CONSENT OF THE OWNER OR HIS COMBINED SEWER REPRESENTATIVE OR THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE REJECTED. 4. ALL MATERIALS SHALL BE NEW AND SHALL BE ASBESTOS AND VERMICULITE FREE. ALL MATERIALS DRAINAGE SEWER SHALL BE STORED SO AS TO ASSURE THE PRESERVATION OF THEIR QUALITY AND FITNESS FOR THE INTENDED WORK. OVERHEAD ELECTRIC LINE 5. DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. CONTRACTOR UNDERGROUND ELECTRIC LINE PLOTSTYLE:Pennoni NCS.stb SHALL BE RESPONSIBLE FOR ALL WORK TO BE PERFORMED. IT MUST BE IN COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED AND ALL RULES AND REGULATIONS UNDERGROUND TELECOMM LINE ERTY THERETO APPURTENANT. ADD REC. AREA IMPROVEMENTS 6. PRIOR TO CONSTRUCTION, CONTRACTOR TO FIELD LOCATE AND RECORD AND DAMAGE TO EXISTING UNDERGROUND COMMUNICATIONS LINE PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REMOVED OR REPLACED, ENGINEER TO REVISIONS LAFF VERIFY LOCATION AND EXTENT OF DAMAGE. 7. THE CONTRACTOR SHALL MAINTAIN ONE COMPLETE SET OF CONTRACT DRAWINGS ON WHICH HE MANHOLES (MINO SHALL NOTE, IN RED, THE ALIGNMENTS AND INVERTS OF ALL UNDERGROUND UTILITIES INSTALLED OR ENCOUNTERED DURING THE PROSECUTION OF THE WORK. ALL DISCREPANCIES BETWEEN THE PLAN R CO LOCATIONS AND ELEVATIONS OF BOTH THE EXISTING AND PROPOSED UTILITIES SHALL BE SHOWN ON VALVES THE AS-BUILT DRAWINGS TO BE MAINTAINED BY THE CONTRACTOR IN THE FIELD. U:\Accounts\PLAWX\PLAWX20001 - Bay Road Apartments\DESIGN\_SHEETS\CS1001.dwg PLOTTED:12/10/2020 5:27 , PMBY: Gregory Rishel 8. THE CONTRACTOR SHALL OPEN ONLY THAT SECTION OF TRENCH OR ACCESS PITS WHICH CAN BE INLET BACKFILLED AND STABILIZED AT THE END OF EACH WORKING DAY. STEEL PLATES SHALL BE USED ON LLEC TREE ANY TRENCH OR ACCESS PITS WHICH MUST REMAIN OPEN OVERNIGHT. THIS REQUIREMENT DOES NOT TOR) APPLY TO AREAS COMPLETELY CLOSED AND SECURE FROM VEHICULAR OR PEDESTRIAN TRAFFIC. LANE 9. DAMAGE TO EXISTING PAVING, SIDEWALK, CURB OR STRUCTURES NOT TO BE REPLACED OR REMOVED PROPOSED BUILDING DURING CONSTRUCTION SHALL BE IMMEDIATELY REPORTED TO ENGINEER, CONTRACTOR SHALL REPAIR OR REPLACE ALL DAMAGED WORK WITHOUT CHARGE TO THE OWNER. PROPOSED PROPERTY LINE 1 NO. 10. MISS UTILITY SHALL BE NOTIFIED THREE (3) DAYS PRIOR TO EXCAVATION. 11. ALL DISTURBED AREAS WITHIN THE LIMIT OF DISTURBANCE, BUT NOT IN PAVEMENT, SHALL BE PROPOSED CONCRETE CURB 12/10/2020 TOP-SOILED (6" MINIMUM), SEEDED AND MULCHED. IF THE ENGINEER DETERMINES THAT A DATE SATISFACTORY STAND OF GRASS DOES NOT EXIST AT THE TIME OF FINAL INSPECTION, ALL COSTS PROPOSED HEAVY DUTY CONCRETE ASSOCIATED WITH RE-ESTABLISHING A SATISFACTORY STAND OF GRASS SHALL BE AT THE PROPOSED LIGHT DUTY CONCRETE CONTRACTOR'S EXPENSE. 12. ALL SIGNING FOR MAINTENANCE OF TRAFFIC IS THE CONTRACTORS RESPONSIBILITY, AND SHALL PROPOSED HEAVY DUTY ASPHALT ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES FOLLOW THE GUIDELINES SHOWN IN LATEST EDITION OF "DELAWARE TRAFFIC CONTROLS FOR ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE STREETS AND HIGHWAY CONSTRUCTION, MAINTENANCE, UTILITY, AND EMERGENCY OPERATIONS." PROJECT. THEY ARE NOT INTENDED OR REPRESENTED PROPOSED LIGHT DUTY ASPHALT TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON 13. DESIGN, FABRICATION AND INSTALLATION OF ALL PERMANENT SIGNING SHALL BE AS OUTLINED IN THE THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER LATEST VERSION OF THE DE MUTCD. PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION 14. DESIGN AND INSTALLATION OF ALL PAVEMENT MARKINGS AND STRIPING SHALL BE AS OUTLINED IN OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS THE LATEST VERSION OF THE DE MUTCD. FOR FINAL PERMANENT PAVEMENT MARKINGS: SOLE RISK AND WITHOUT LIABILITY OR LEGAL a) EPOXY RESIN PAINT SHALL BE REQUIRED FOR LONG LINE STRIPING. EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI b) THERMO PLASTIC (EXTRUDED OR PREFORMED MATERIAL) WILL BE REQUIRED ON ASPHALT SURFACES, ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. EXPENSES ARISING OUT OF OR RESULTING THEREFROM. c) PERMANENT PAVEMENT MARKING TAPE (PER DELDOT APPROVED MATERIALS LIST) WILL BE REQUIRED FIRE MARSHAL NOTES: ON CONCRETE SURFACES, FOR SHORT LINE STRIPING, I.E. SYMBOLS/LEGENDS. 1. ALL FIRE LANES, FIRE HYDRANTS, AND FIRE DEPARTMENT CONNECTIONS SHALL BE MARKED IN ACCORDANCE WITH THE STATE FIRE PREVENTION REGULATIONS. PROJECT PLAWX20001 15. BREAKAWAY POSTS SHALL BE USED WHEN INSTALLING ALL SIGNS. REFERENCE DELDOT STANDARD 2. THE FOLLOWING WATER FOR FIRE PROTECTION REQUIREMENTS APPLY: MAIN SIZES: CONSTRUCTION DETAIL T-15. 6" MINIMUM. MINIMUM CAPACITY: 1,000 GPM @ 20 PSI RESIDUAL FOR 1 HOUR DATE 2020-11-04 16. THE CONTRACTOR SHALL NOTIFY THE FOLLOWING, TWO (2) WEEKS PRIOR TO THE START OF DURATION. HYDRANT SPACING: 800' ON CENTER (DSFPR REGULATION 702, CHAPTER CONSTRUCTION: 6, SECTION 3). DRAWING SCALE 1" = 30' 16.1. THE OWNER, KENT CONSERVATION DISTRICT, & SITE ENGINEER 3. LOCK BOX REQUIRED, CONTACT LOCAL FIRE CHIEF FOR ORDERING INFORMATION 17. THE CONTRACTOR SHALL MAINTAIN PUBLIC ROADS AND STREETS IN A BROOM SWEPT CONDITION AT AND LOCATION OF BOX ON THE BUILDING. DRAWN BY BRD ALL TIMES. 4. THE PROPOSED BUILDING SHALL BE THREE STORY (35 FT MAX.) 18. THE CONTRACTOR SHALL REMOVE AND IMMEDIATELY REPLACE, RELOCATE, RESET OR RECONSTRUCT 5. THE PROPOSE BUILDING CONSTRUCTION TYPE PER NFPA 220, STANDARD ON TYPES APPROVED BY DDB ALL OBSTRUCTIONS IN THE WORK AREA, INCLUDING, BUT NOT LIMITED TO, MAILBOXES, SIGNS, 0 30' 60' CS1001 OF BUILDING CONSTRUCTION, SHALL BE TYPE V(000). LANDSCAPING, LIGHTING, PLANTERS, CULVERTS, DRIVEWAYS, PARKING AREAS, CURBS, GUTTERS, FENCES, OR OTHER NATURAL OR MAN-MADE OBSTRUCTIONS. TRAFFIC CONTROL REGULATORY, 6. AUTOMATIC FIRE SPRINKLERS ARE PROPOSED FOR THIS STRUCTURE. WARNING AND INFORMATION SIGNS SHALL REMAIN FUNCTIONAL AND VISIBLE TO THE APPROPRIATE LANES OF TRAFFIC AT ALL TIMES, WITH THEIR RELOCATION KEPT TO A MINIMUM DISTANCE. 19. TRANSITIONS FROM PROPOSED SIDEWALK AND CURB TO EXISTING SHALL BE MADE AT THE NEAREST NOT FOR CONSTRUCTION EXISTING JOINT. SHEET 3 OF 7 100