Planning Commission Packet 2-16-2021

CITY OF DOVER, DELAWARE PLANNING COMMISSION Tuesday, February 16, 2021 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 February 16, 2021 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 February 16, 2021 Dial: 1-408-418-9388 Event number/Access code: 179 934 4963 Event password: DoverPC Event Address: http://bit.ly/PCMeeting021621 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 January 19, 2021 1

PLANNING COMMISSION - February 16, 2021 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is Monday, March 15, 2021 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates Education and Training Opportunities 2. University of Delaware: Institute for Public Administration - Training Opportunities OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval 3. S-19-03 DuPont Plaza Retail Center at 747 N. DuPont Highway: Master Plan – Request for a One Year Extension of the Planning Commission conditional approval granted March 18, 2019 and as revised on July 15, 2019 for a Site Development Master Plan to permit phased construction of a retail center to consist of four buildings totaling approximately 62,260 SF in three phases. The buildings proposed include three multi-tenant retail structures and a restaurant. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05-068.05-01- 15.00-000. Council District 3. Final Record Plan Approval on February 13, 2020 of Minor Subdivision Application SB-18-01 created this 10.007 acre+/- property. Administrative Site Plan S-19-18 DuPont Plaza at 747 N. DuPont Highway: Phase 1 - Buildings A and B associated with this Master Plan is pending Final Plan Approval. 4. S-19-01 Tommy Car Wash at 656 North DuPont Highway - Review of Update to Site Development Plan Application and Request for One Year Extension of Planning Commission Approval of March 18, 2019 to permit construction of a new approximately 5,194 SF Car Wash structure and accompanying site improvements. The previous structures on the site have been demolished, and the site is now vacant. The property consists of a total 0.940+/- acres and is located on a site bounded by North DuPont Highway to the northeast, and Lepore Road to the southeast. The property is zoned C-4 (Highway Commercial Zone) and is partly subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is now Manpreet Mattu (Previous Owner: Kathleen J. Gray). Property Address: 656 North DuPont Highway. Tax Parcel: ED-05-068.09-01-09.01-000. Council District 3. NEW APPLICATIONS 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road – Public Hearing and Review for Recommendation to City Council on an Annexation Request and Rezoning Request for a parcel of land totaling 0.6087 acres +/- (26,514.97 SF) located at 228 Mifflin Road, Dover. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The 2

PLANNING COMMISSION - February 16, 2021 PAGE 3 proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the west side of Mifflin Road approximately 755 ft. north of Hazlettville Road. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Residential Low Density. The owner is Debora G. Hansen. Property Address: 228 Mifflin Road. Tax Parcel: ED-00-076.14-01-08.00-000. Proposed Council District 1. Ordinance #2020-17 The First Reading of this Annexation Request was held on December 14, 2020. Public Hearing before the Planning Commission is scheduled for February 16, 2021 and City Council on March 8, 2021. 6. MI-21-01 Comprehensive Plan Amendments 2021 - Public Hearings and Review for Recommendation to City Council on a series of Amendments to the 2019 Comprehensive Plan identified as Requests A, B, and C. The Amendments include consideration of the following: two requests for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties as associated with rezoning application Z-21-01 and with rezoning application Z-21-02, and a request for amendment of Map 12-1: Land Development Plan to revise the Land Use Classification of properties associated with the Lots 1 & 2 of the Dover Mall. The First Readings of the Proposed Ordinances occurred on January 25, 2021 and Public Hearing scheduled for Planning Commission on February 6, 2021 and City Council on March 8, 2021. 7. MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED- 05-067.00-02-51.00-000. Ordinance #2021-01. This is associated with rezoning application Z- 21-01. 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road – Public Hearing and Review for Recommendation to City Council on Rezoning Application for a parcel consisting of 3.46 acres+/- located at the northeast corner of McKee Road and College Road. The property is zoned CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02- 51.00-000. This is associated with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-04. A Public Hearing at City Council is scheduled for March 8, 2021. 9. MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Public Hearing and Review for Recommendation to City Council on Comprehensive Plan Amendment Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05- 3

PLANNING COMMISSION - February 16, 2021 PAGE 4 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. Ordinance #2021-02. This is associated with rezoning application Z-21-02. 10. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street - Public Hearing and Review for Recommendation to City Council on a Rezoning Application for two parcels totaling 0.82 acres +/- located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The property is zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. This is associated with a Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map 12-1: Land Development Plan Map. Council District 4. Ordinance #2021-05. A Public Hearing at City Council is scheduled for March 8, 2021. 11. MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Public Hearing and Review for Recommendation to City Council of a Comprehensive Plan Amendment Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01- 14.04-000 and ED-02-057.00-01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Ordinance #2021-03. NEW BUSINESS ADJOURN Posted Agenda: February 5, 2021 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 4

Item 1. CITY OF DOVER PLANNING COMMISSION JANUARY 19, 2021 The Meeting of the City of Dover Planning Commission was held on Tuesday, January 19, 2021 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, Mr. Hartman, Mrs. Baldwin, Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mrs. Malone was absent (arrived at 7:24PM). 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 Mr. Mark North and Mr. Michael Cassidy. APPROVAL OF AGENDA Mrs. Welsh moved to approve the Agenda tonight, seconded by Dr. Jones and the motion was unanimously carried 8-0 with Mrs. Malone absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF DECEMBER 20, 2020 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of December 20, 2020, seconded by Mr. Adams and the motion was unanimously carried 8-0 with Mrs. Malone absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Tuesday, February 16, 2021 at 7:00PM. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on January 11 & 12, 2021. Mr. Hugg stated that in the Summary of Applications Chart, you can clearly see that in 2005, 2006, 2007 and 2008 they were probably seeing the “boom” period followed by a long flat cycle of Site Plans and other activities through about 2017 or 2018. If you look at the averages of Conditional Uses, it shows that we seem to be back on the right track now. The average for Site Plans was 26 over the years, ranging from 66 to 12. He believes, but in 2019 we were at 25 Site Plans, so it was kind of back on a normal track and then COVID hit. You can see the impact of COVID in the second, third and fourth quarters of 2020 when you see zero Conditional Use Applications, zero Subdivisions and reduced numbers of Site Plans. This gives the volume in the Planning Office; both currently and over the years. Mrs. Melson-Williams stated that they do have data that goes beyond this but only so much fits on a page. They break it into quarters for the past two years and as Mr. Hugg mentioned, for 2020 our numbers were slightly down. She can tell you that even though application numbers in total may be slightly down, the Planning Office is continuing to work very hard. There are a number of inquiries ranging from “What’s the zoning of my property?” to “How do I deal with parking for this site?” that aren’t captured in this. The total number of inquiries are probably in 1 5

Item 1. CITY OF DOVER PLANNING COMMISSION JANUARY 19, 2021 the hundreds if not close to thousands if you were to tally them for the year. These are only the ones that rise to a level of an application going before one of our Boards and Commissions. This does not track all of the Building Permits that are reviewed by Staff. They have other measures to do that. We are starting now to create our 2020 Annual Report and we will certainly share that with the Planning Commission when it is ready within the next month. Some of our numbers have balanced out in recent years because of a number of Code changes. There were some things that previously needed an Administrative Site Plan Review but have turned into just a Zoning Review through a permitting process to make our lives a little easier in certain aspects. Then as we make changes to our Code, hopefully the need for applications to the Board of Adjustment goes down as people can comply with what’s established in our Code. Mr. Hugg stated that in spite of COVID and in spite of what seem to be declining numbers in some cases, on the economic development side, we are also regularly getting inquiries from people looking for both small and larger business locations in Dover. He doesn’t know whether to interpret that as coming out of a bad period or not but there is a lot of interest in Dover. He thinks that they will see some of these numbers to continue to improve. Mr. Hugg stated that there are notices about three educational opportunities that are coming up. January 22, 2021 is “Planning 101 an Introduction to Planning.” February 12, 2021 is “Land-Use Law” and March 5, 2021 is “Land Use Administration.” These are all courses offered by the Institute for Public Administration at the University of Delaware and they are good basic courses whether you are just sort of learning or whether you want a refresher course. Mrs. Melson-Williams stated that she would encourage our new Planning Commission members or even our diehard people who have been with us for a while to take advantage of these opportunities for training. These are virtual meetings; they are webinars and you see the presenter and their screen. It is a register online and then they send you a link for the event activity. All of the instructors are great for these sessions. 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 C-21-01 Cassidy Commons at 101-1001 Cassidy Drive – Review of a resubmission of an expired Conditional Use Site Plan for the construction of six (6) additional manufacturing/warehousing buildings (in addition to the four (4) already constructed) for a total of ten (10) 9,950 SF manufacturing/warehousing buildings on one parcel of land and other associated site improvements at 101-1001 Cassidy Drive. The property is 10 acres ± and is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone) APZ I and Noise Zones A and B. The property is located on the south side of Lafferty Lane west of 2 6

Item 1. CITY OF DOVER PLANNING COMMISSION JANUARY 19, 2021 Horsepond Road along a private drive known as Cassidy Drive. The owner of record is Cassidy Commons, LLC. Property Address: 101-1001 Cassidy Drive. Tax Parcel: ED05-077.00-01- 28.04-000. Council District 2. This Plan was originally submitted as Conditional Use Site Plan Application C-09-03 then superseded by C-11-04 M & L Ventures at Lafferty Lane. C-11-04 received Conditional Approval by the Planning Commission in June 2011 and as amended in February 2012 with Final Plan Approval granted on April 23, 2012. Four of the originally proposed ten building were constructed, but due to a prolonged period of inactive construction the Plan C-11-04 has since expired. Waivers to be Requested: Reduction of Bicycle Parking, Partial Elimination of Curbing, and Partial Elimination of Sidewalk and Consideration of a Performance Standards Review Application. Representatives: Mr. Mark North; Mr. Michael Cassidy Mr. Swierczek stated that this is for the resubmission of an expired Conditional Use Site Plan that had been originally submitted back in 2011 and received approval. This is returning. As the approval was granted in 2011 and permits for the first four buildings were submitted and approved in 2012 but since then, there has not been enough construction being maintained so to continue with the project. They are having to resubmit tonight. As noted, four of the buildings are already constructed and there are six remaining. All of them are of identical size and proportions; they are 9,950 SF each. The applicant has indicated that the uses of the buildings are to be used primarily as wholesale storage, warehouses, manufacturing, and building contractor’s yards. It is being filed as a Conditional Use as any development in the Manufacturing Zone is reviewed as a Conditional Use. As part of the overall Site Plan, there is also a private drive that you see along bottom running from left to right on the image in front of you and that is Cassidy Drive. That is a private road that the applicant has indicated that will not be given over to the City or anyone else for public use. You can also see in between Buildings 6 and 7, originally there was a cross access drive that was to help facilitate any potential future development on the parcels of land on either side that is still being shown on this resubmission again. The Plan back in 2011 has also submitted three waiver requests which are being submitted again. As a quick note, all three of these waiver requests were granted by the Planning Commission back in 2011. The first is for the elimination of sidewalk, specifically on the western side of that private Cassidy Drive which is the side opposite from the buildings. The applicant noting that there is relatively limited space there due to the remote location from the sidewalk being provided in the eastern side which is why they are requesting that waiver. The second waiver is for bicycle racks. Generally, there is one bicycle parking space required for every twenty vehicle parking spaces. On the plan submitted, they have shown that they have provided the bicycle rack parking in between Buildings 1 and 2; however, they received very little use again due to the remote location of the site. And the fact that this is more of a manufacturing, wholesale use which does not generally foster a lot of bicycle riding. Lastly, was the elimination of upright curbing and it was noted that this was to help facilitate water flow. This was a waiver that was submitted and approved by Planning Commission in 2011; however, now it is an administrative waiver process that is handled by Planning Staff and to that end, we have approved that waiver request. Finally, there was a Performance Standards Review. This is fairly typical for development in the Manufacturing Zone. This basically has the applicant state what the types of uses are to be used in these facilities and to ensure that there is not going to be anything detrimental to public health. They have submitted for review a Performance Standards Review Application and that should 3 7

Item 1. CITY OF DOVER PLANNING COMMISSION JANUARY 19, 2021 also be part of any motion tonight. Mr. North stated that he is a licensed contractor in the City of Dover and he is actually a tenant at Cassidy Commons; he was the first tenant in Building 2. Our plans for this project are just to complete the project as originally submitted. Currently, we have the first four buildings constructed. Mr. Cassidy started them at a time when the economy was a little difficult and the demand for the buildings was not very high when the application was complete for the buildings. Now it appears that the demand for the space has increased so what they would like to do is proceed with six buildings. At this time, Cassidy Drive is constructed just beyond Building 4 and paved. Between Buildings 4 and 5, there is stormwater management that is constructed and a pretty substantial headwall and pipe system that crosses under Cassidy Drive to the adjacent property which is shown on the lower side of the plan. Water and sewer are back to Buildings 5 and 6 and electric has been installed for the entire site and is back to Building 10. Much of the stormwater management around the area of Buildings 5, 6, 7 and 8 has been completed. So, there was a substantial amount of construction done when Buildings 1-4 were completed. They are hoping to continue with this Plan so that no changes in the stormwater management system on the site would have to be modified and they do have an active Kent Conservation Permit for the site. Mr. Hartman stated that he had some concerns about the comments made by the Fire Marshal in regard to the licenses and about some of the businesses in the existing structures not having a license. Does that have any impact on the City’s ability to re-evaluate the Performance Standards? Responding to Mr. Hartman, Mr. Swierczek stated that is something that the Fire Marshal brought to our attention as the review began here. The procedure being, of course, that any time a new business moves into the City of Dover, they do have to file for the license. We review its compatibility with the zoning. Yes, if there were to be businesses going in that we are not necessarily being able to keep track of them in any given situation. That could present some difficulty in ensuring compatibility with the zoning. Mr. Hartman questioned if Staff had any concerns? One of the people lacking a license is Mr. North’s business. Responding to Mr. Hartman, Mr. North stated that he has copy of his license because he did it this summer over email with Mrs. Mullaney. He has had a license over the last several years in the City of Dover. Mr. Hartman further questioned if there was any concern over the other businesses and their ability to meet the Performance Standards? Responding to Mr. Hartman, Mr. North stated that from his perspective, he doesn’t have any concerns that there is anybody in there that aren’t meeting those standards. He would imagine that all of the tenants in there would have a Dover Business License. They have had this discussion because in order from him to have the electric put in his name, he had to present his lease and his Business License to Customer Service to have the electric turned on. He guesses that there may be ways around that and he doesn’t know how there is. That was one way that they thought was ensuring that all of the tenants had the proper licensing when they moved in over the past several years. Mr. Hartman asked if Mr. North understood his concerns about the Performance Standards and how that ties with the businesses having a license? You have submitted a good letter here on the 4 8

Item 1. CITY OF DOVER PLANNING COMMISSION JANUARY 19, 2021 Performance Standards. He is prepared to recommend approval of that Performance Standards Application but if the tenants do not have the licenses, he is trying to see whether or not the City has the ability to evaluate if the Performance Standards are being met. Responding to Mr. Hartman, Mr. North stated that his proposal is from a landlord’s point of view. He is proposing that we require the proposed tenant to approach the City, apply for the license or receive the zoning approval and then have them produce the Business License. They might have to obtain Building Permits for each tenant even if there is no construction proposed in the building and that way the Fire Marshal can ensure that the tenant is appropriate for the space. Mr. Hartman stated that he would like to suggest to the Commissioners tonight that we might want to make the condition for any approval that the applicants be able to meet the Fire Marshal’s additional specific requirements to obtain approval, which includes the licenses and the removal of trash behind the buildings and some other things that he can see are very important. He thinks that if the Commission decides to approve this application, then it should be conditional upon the requirements specified by the Fire Marshal in the DAC. There is quite a bit of work that is detailed in the report and there are two Section VIII in the report. Each of those Sections VIII has quite a bit of work outlined and it is difficult to cite those sections because they are labeled the same. He would just like to see that corrected, in the event that someone has to cite those requirements in the DAC. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Hartman moved to approve C-21-01 Cassidy Commons at 101-1001 Cassidy Drive, to include the waiver to eliminate the sidewalk along the west side of Cassidy Drive, the waiver to reduce the bicycle parking spaces, as well as approval and acceptance of the Performance Standard Review Application. All conditional on the applicant meeting the specific requirements outlined by the Fire Marshal in his DAC Report, Items 1-8; particularly the removal of the trash and the licenses, and conditional upon the completion of Construction Drive prior to the issuance of Building 7 Permit. Also, to include the full DAC Report with all agencies, seconded by Mrs. Welsh and the motion was approved 9-0 by roll call vote. Mr. Hartman voting yes; as previously stated. Mr. Baldwin voting yes; based on the comments previously stated. Dr. Jones voting yes; she echoes Mr. Hartman’s concerns. Mrs. Welsh voting yes; she sees the site and what’s constructed there so far is very appealing and she can only think that continuing that situation will be beneficial for several different users of the site. Mrs. Lord voting yes; based on comments previously stated. Mr. Adams voting yes. Mr. Roach voting yes; for reasons previously stated. Mrs. Malone voting yes; due to the really great comments from Mr. Hartman. Mrs. Maucher voting yes; for reasons previously stated. NEW BUSINESS - None Meeting adjourned at 7:48 PM. Sincerely, Kristen Mullaney, Secretary 5 9

Item 2. 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. 10

Item 2. 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. 11

Duffield Associates, LLC 144 South GovernorsItem 3. Ave. Dover, DE 19904 Phone: 302.239-6634 Fax: 302.239-8485 duffnet.com January 26, 2021 Ms. Dawn Melson-Williams, AICP Principal Planner City of Dover Department of Planning & Inspection 15 Loockerman Plaza Dover, DE 19901 RE: Application No. S-19-03 & S-19-18 Minor Subdivision Plan – 747 N. Dupont Highway Tax Parcel No. 2-05-068.05-01-15.00-00001 City of Dover, Delaware Project No. 10734.CE (Duffield) Dear Ms. Melson-Williams: Duffield Associates, LLC (Duffield) is writing this letter, on behalf of Rojan DD 15, LLC, to request an extension of the Planning Commission decision for conditional approval of the Site Development Master Plan for the Retail Center at 747 N. DuPont Highway (DuPont Plaza). The decision made at the March 18, 2019 Planning Commission meeting allowed for the construction of the project in three phases of a 62,620 sf shopping center. The project went back before the Planning Commission at the July 15, 2019 meeting to update the project. Per the Notice of Decision and Notice of Planning Commission Action, the Site Development Master Plan S-19-03 has until March 31, 2021 to start authorized construction. Over the two years, the property owner has been working on Site Development Plans for the development of Phase 1. This includes obtaining approvals from Delaware Department of Transportation for the proposed entrances for the shopping center, as well as approvals from Kent Conservation District for the Sediment and Stormwater Management Plans for the entire project. Plans have been approved by all agencies required. Final Plans including the approvals from these agencies were submitted to the City of Dover for approval at the end of January 2021. Limited construction of the site began in the spring of 2020 in order to demolish the existing impervious surface and begin installing utilities. In accordance with City of Dover Code of Ordinances, we hereby request a one year extension for Site Development Master Plan to start authorized construction. This extension is required in order to ensure adequate time for construction of the proposed site. Please do not hesitate to contact us, if you have any questions or comments with regard to the above request. We appreciate your consideration of this request. Very truly yours, DUFFIELD ASSOCIATES, LLC K. James Taylor, Jr., P.E. Project Manager KJT:cpt 10734CE.0121-Dover.COR Enhancing our community one project at a time. 12

Item 4. MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: February 5, 2021 TO: Members of the Planning Commission FROM: Planning Office SUBJECT: Site Development Plan: S-19-01 Tommy Express Car Wash at 656 North DuPont Highway, Dover, DE Update on Revisions to Site Plan & Request for One Year Extension At its March 18, 2019 meeting, the City of Dover Planning Commission moved to grant conditional approval to Site Development Plan S-19-01 Tommy Express Car Wash at 656 North DuPont Highway. This Site Development Plan proposes the construction of a one-story 5,194 SF Car Wash (Service Establishment) with associated site improvements. The previous structures on the site have been demolished, and the site is now vacant. The property consists of a total 0.940+/- acres and is located on a site bounded by North DuPont Highway to the northeast, and Lepore Road to the southeast. The property is zoned C-4 (Highway Commercial Zone) and is partly subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is now Manpreet Mattu (Previous Owner: Kathleen J. Gray). As the project design has progressed in the Site Plan Check Print Review process there have been design refinements. The design professional now working on the project contacted Planning Staff regarding revisions to the Site Plan for the project. The project has changed engineering firms since its original application submission. The Revised Plans submitted by the Applicant proposes the following alteration to the Site Plan: - The addition of 49 SF to the northern side of the main building as refinement of the building footprint. This will increase the overall square footage of the building itself from 5,194 SF to 5,243 SF. The Applicant has not stated on the documents provided as to why the addition is necessary, but in conversation with Planning Staff it was noted to accommodate utilities/equipment. The Applicant has also submitted a formal Request for a One Year Extension of Final Plan Approval to the Planning Commission. As noted, the Site Development Plan S-19-01 originally received Conditional Approval by the Planning Commission at their March 18, 2019 meeting. Conditional Plan Approval subsequently is set to expire on March 31, 2021. The Applicant notes the legal litigation the project encountered as reason for the delay in start of construction, and the main reason for the requested extension of approval. 13

Memo on Revisions to S-19-01 Tommy Express Car Wash at 656 North DuPont Highway February 5, 2021 Item 4. Page 2 of 2 Attached are copies of the Revised Site Plan including annotations of the proposed revisions, as well as an accompanying Cover Letter noting the revision, and its impact on the original Approved Site Plan. Planning Staff has reviewed the general concepts presented in these plan changes and will continue review of Check Print submission to ensure compliance with the provisions of the Zoning Ordinance and the Planning Commission’s conditional approval of S- 19-01. The information is presented to the Planning Commission as an Update on the project as it is completing the Check Print Review process to finalize the Site Plan. The applicant will be working with Planning Staff and the various other agencies to seek approval incorporating these revisions. Attachments: • Cover Letter dated February 4, 2021 on Revision to Site Plan S-19-01 • Revised Site Plan Sheet dated 1/25/2021 • Letter of Request dated February 4, 2021 for One Year Extension 14

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Item 5. City of Dover PETITION TO ANNEX AND REZONE PROPERTY DEVELOPMENT ADVISORY COMMITTEE OF February 3, 2021 PLANNING COMMISSION MEETING OF February 16, 2021 File Number: AX-21-01 Ordinance Number: 2020-17 Applicant: Debora G. Hansen Owner of Record: Debora G. Hansen Property Address: 228 Mifflin Road, Dover DE Tax Parcel ID #: ED-00-076.14-01-08.00-000 Lot Size: 0.6087 acres (26,514.97 SF) Present Zoning: RS-1 (Residential Single Family Zone) Proposed Zoning: R-8 (One Family Residence Zone) SWPOZ (Source Water Protection Overlay Zone): Tier 3 (Excellent Recharge Areas) Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Residential Low Density Land Use Designation: Present Use: Single Family Dwelling Proposed Use: Single Family Dwelling Utility Availability: Electric: 228 Mifflin Road is not currently served by City of Dover Electric. Water and Sanitary Sewer: 228 Mifflin Road is not currently served by City of Dover Water or Sanitary Sewer. Water and Sanitary Sewer are available on the opposite side of Mifflin Road. This property is situated on the west side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated 18

Item 5. with extending and providing service to the existing dwelling including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. Staff Recommendation: The Electric Department has no objection to the annexation. The Department of Public Works has no objection to the annexation. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 19

Item 5. City of CITY OF DOVER Dover Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: February 3, 2021 DRAFT APPLICATION: Annexation of Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP, Planner I PHONE #: (302) 736-7196 I. Summary This application is for the Annexation and Rezoning of the property at 228 Mifflin Road, Dover. It is a parcel of land totaling 0.6087 acres or 26,514.97 SF +/-. The owner of record is Debora G. Hansen. Tax Parcel: ED-00-076.14-01-08.00-000. II. Existing Property The property is located on the west side of Mifflin Road and approximately 755 feet north of Hazlettville Road. The boundary of the City of Dover surrounds the parcel on the north, east, and west sides. The property includes an existing single-family dwelling. The property is currently zoned RS-1 (Residential Single Family Zone) in Kent County. The owner would like to sell the property and therefore is required to connect to the City Sewer as the septic system is no longer adequate for the size of the dwelling and replacing it would be nearly impossible. III. Surrounding Land Uses To the north, south and east the property is surrounded by single-family dwellings on similar or larger sized lots. To the west of the property is an approximately 16-acre portion of Open Space associated with the Village of Westover PND residential subdivision. Properties to the north, west, and across Mifflin Road are within the City of Dover. The adjacent parcel to the south of the subject site also is not currently within the City of Dover boundaries. IV. Comprehensive Plan In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include: 20

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 2 • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Residential Low Density. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Residential Low Density. R-20 (One Family Residence) R-15 (One Family Residence) R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) V. Request for R-8 (One Family Residence Zone) & SWPOZ (Source Water Protection Overlay Zone) The applicant has requested the zoning of R-8 (One Family Residence Zone). The types of permitted uses in the R-8 (One Family Residence Zone) are given in Article 3 §1 of the Zoning Ordinance. See the following Code excerpt: Article 3 Section 1. – One Family Residence zone [(R-20, R-15, R-10, R-8, R-7)]. 1.1 Uses permitted. In a one-family residence R-20, R-15, R-10, R-8 and R-7 zones, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof, provided no building is erected and signs conform with article 5, section 4. 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds, subject to approval of site plans by the planning commission in accordance with article 10, section 2. 1.14 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 and to any specified requirements set forth below: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Child day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: 21

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 3 i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. (b) Railroad and public utility rights-of-way and structures necessary to serve areas within the city, subject to such conditions as the planning commission may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (c) Country clubs or other annual membership clubs, catering exclusively to members and their guests, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following operations shall be prohibited: i. Outdoor entertainment, live or mechanical; ii. The use of outdoor public address systems for any purpose; and iii. Exterior lighting producing glare at the lot line other than that essential for the safety of the users of the premises. No building erected under the provisions of this paragraph [subsection 1.14(c)] shall be so erected nearer than 50 feet to any street or property line. (d) Adult day care facilities in accordance with Article 5—Supplementary Regulations, Section 22—Adult Day Care Facilities. 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians, provided that: i. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant; and ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the main building. 22

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 4 iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited. iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses. (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain. (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a capacity of not more than three passenger automobiles. One such space may be leased to a person not [a] resident on the premises. (d) Keeping domestic animals as pets, provided not more than three (3) dogs over six months old, shall be permitted. (e) Keeping of chickens for individual domestic purposes subject to the following restrictions: i. Keeping of chickens shall not be permitted on lots smaller than 10,890 square feet in lot area. ii. No more than five (5) chickens shall be permitted on a residential lot. iii. Chickens shall be registered with the Delaware Department of Agriculture. iv. Chickens shall be penned in a coop that shall be at least four (4) square feet per chicken. v. All chicken coops shall be located in a rear yard and shall be a minimum of 20 feet from side and rear property lines. vi. Any odor associated with the chickens shall not be discernable from property lines. vii. Keeping of roosters shall be prohibited. viii. Any lot with chickens shall either comply with these requirements by June 1, 2016 or remove the chickens. (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be considered one dwelling unit. Parking shall be calculated as identified in Article 6—Off- Street Parking, Section 3—Required off-street parking spaces, Paragraph 3.1—Schedule of requirements. (g) Customary home occupations, provided that: i. No display of products, goods and/or signs shall be visible from the street. ii. Such home occupation shall be incidental and secondary to the residential use of the premises and shall be conducted in the principal building by the resident or residents that reside therein. iii. Nonresident assistants or co-workers shall be prohibited. iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the principal building. v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes, radiation, or electromagnetic interference. 23

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 5 The property is also subject to the SWPOZ (Source Water Protection Overlay Zone). In this case the property is located in Tier 3 – Excellent Recharge Areas. Information regarding the Excellent Recharge Areas of the SWPOZ can be found in Article 3 §29.79 of the Zoning Ordinance. See the following Code excerpt: Section 29. – Source Water Protection Overlay Zone (SWPOZ). 29.7 Tier 3: excellent recharge areas. Lands defined as tier 3 lands are areas which have been identified as 'excellent recharge areas'. Recharge areas are defined as land with high percentages of sand and gravel that have "excellent" potential for recharge as determined through a stack unit mapping analysis performed originally by the Delaware Geological Survey. 29.71 Applicability. The impervious cover restrictions of this section shall apply only to any activity requiring approval of the planning commission. 29.72 Impervious surfaces. Impervious surfaces within tier 3 lands of the source water protection overlay zone are limited to a maximum of 30 percent. Limits upon impervious surface apply to portions of a site which is within tier 3 lands. New development may exceed the 30 percent impervious cover threshold up to 60 percent impervious cover provided the differential volume of stormwater generated from 30 percent to 60 percent impervious cover, based on the two-year storm, is infiltrated within an excellent recharge area. The use of infiltration shall be based upon the technical merits of the application as well as the ability to quantify the volume of recharge. All infiltration facilities shall be designed in accordance with the Delaware Sediment and Stormwater Regulations. 29.73 Redevelopment. Site modification which requires site development plan approval must create a 15-percent reduction in the amount of impervious surface on the site when compared to pre-redevelopment conditions. (a) If the 15-percent reduction would require a site to go below the 30-percent maximum impervious surface provision of section 29.72, then the maximum impervious surface cover for the site is 30 percent. (b) If stormwater is infiltrated within the excellent recharge area as per section 29.72 then only an amount of reduction in impervious surface which is necessary to meet the 60-percent maximum will be required. 29.74 Storage tanks. Underground storage tanks are prohibited within tier 3 lands. Aboveground storage tanks which use, store, transfer, or dispose of any solid or liquid material or waste having potentially harmful impact on groundwater quality are prohibited within tier 3 lands. 29.75 Site design. All reasonable efforts must be undertaken to position permanent structures on the portions of the property which are not subject to the tier 3: excellent recharge area. The particular desires of personal or corporate entities shall not constitute reasonable efforts. 29.76 Alternative design standards. It is the intent of this ordinance to protect, conserve, and improve the available supply of potable water while still maintaining property rights. As such, where the restrictions of this ordinance prevent development that would otherwise be reasonable and proper according to the base zoning, the applicant may request alternative design standards as part of their application and development plan. The planning commission may modify specific bulk standards when in the opinion of the commission, it has been demonstrated that the use of alternative design standards is desirable and consistent with the protection of water resources. 24

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 6 Alternative bulk standards include but are not limited to changes in building height/stories, floor area ratio, or building setbacks. 29.77 Master plans. Site development which occurs as part of a site development master plan as specified in the zoning ordinance, article 10 section 2.58 may consider the area of the entire tier 3 portion of the master plan area when developing individual phases. This will allow for higher than prescribed amounts of impervious cover on specific portions of the master plan so long as the overall impervious surface for the entire tier 3 lands in the plan remains in compliance with this section. On a site development master plan, when the city engineer certifies that the project utilizes superior infiltration design that maximizes groundwater recharge, impervious cover may be increased to 75 percent. 29.78 Improvements to existing residential lots. Improvements to existing residential lots, including additions to existing one-family dwellings, the placement of sheds, and fences are exempt from section 29.7 and may be permitted when all other applicable zoning district bulk requirements are met. 29.79 Downtown target area. The downtown redevelopment target area as defined in appendix C, article II, section 3 [Target Area] of the City of Dover Code of Ordinances shall be exempt from the requirements and restrictions of the source water protection overlay zone. 29.710 Special environmental considerations. On sites where infiltration would be contrary to a cleanup agreement or other conditions imposed by the department of natural resources and environmental control or the U.S. Environmental Protection Agency, the impervious surface limitations of this section shall not apply to the affected areas. Such sites shall be certified by the City Engineer through the development application process. 29.711 Procedure for Contesting the delineation of the source water protection overlay zone. Data used to define these zones was generated in a report from the Delaware Geological Survey entitled, "Report of Investigations No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware". Any challenges to the delineation of the source water protection overlay zone must follow the methods provided in the above sited report to contest the delineation. VI. Recommendation of Planning Staff: Staff recommends the annexation of the property at 228 Mifflin Road and its rezoning to R-8 (One Family Residence Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone): Tier 3 be approved as submitted. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Residential Low Density. The R-8 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Residential Low Density. The R-8 zoning is appropriate for the current use of the property as a single-family dwelling and is consistent with neighboring zoning. This recommendation is being made without the benefit of hearing the comments of surrounding landowners and residents. A Public Hearing is required on this matter and the Planning Commission should give those comments consideration. The parcel also meets the minimum lot dimensions of 70 ft. wide by 100 ft. deep for a parcel zoned R-8 and will have no issue meeting other bulk requirements. VII. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sewer 25

Item 5. AX-21-01 Lands of Debora G. Hansen at 228 Mifflin Road DRAFT DAC Report of February 3, 2021 Page 7 is extremely feasible due to the proximity to existing infrastructure on the opposite side of Mifflin Road. It would be the property owner’s responsibility to cover all costs associated with extending and providing services to the existing dwelling. 2) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, etc. 3) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 4) Regarding connection to City services (water and/or sanitary sewer) the applicant must contact the City’s Department of Water & Wastewater for procedures, permitting and impact fees. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 26

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed annexation of tax parcel ED-00-076.14-01-08.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook. Impact fees will be applied to this property. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, January 26, 2021, please find the following: a. 228 Mifflin Road is not currently served by City of Dover Water or Sanitary Sewer. Water and Sanitary Sewer are available on the opposite side of Mifflin Road. This property is situated on the west side of the road. Installation of utilities will require DelDOT approval. The property owner is responsible for any and all costs associated with extending and providing service to the proposed development including tapping the sanitary sewer and water mains, paying impact fees and obtaining permits. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 27

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27,2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 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. None. STREETS 1. None. SANITATION 1. Residential uses within the City of Dover are required to have City of Dover trash service. GENERAL 1. Our office has no objection to the annexation of tax parcel ED-00-076.14-01-08.00-000. 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. 28

Item 5. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us 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 ELECTRIC 1. All installation of electrical equipment will be engineered by the City of Dover Electric Department. Any work performed by the City of Dover will be at the owner’s expense. Initial estimate is approximately $16,500 to provide the service. 2. Electric has no objections to the annexation of the Tax Parcel: ED-00-076.14-01-08.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. 228 Mifflin Road is not currently served by the City but the ability to serve is present. 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. 29

C F AX-21-01 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 01/27/21 D S O H V A E L R APPLICATION: Lands of Debora Hansen at 228 Mifflin Rd FILE #: AX-21-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This is an annexation request. This office has no objections. 2. Proposed occupancy classification is single family residential 3. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. 30

Item 5. 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) 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. 31

KENT CONSERVATION DISTRICT Item 5. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of Debora G. Hansen at 228 Mifflin Road FILE #: AX-21-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the annexation of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. 32

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Debora G. Hansen (228 Mifflin Road) FILE#: AX-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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. No objection to the Annexation. 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 33

City of Dover Application No.: AX-21-01 Item 5. Department of Planning & Inspections R-8 RG-2 R-8 R-8 Site RM-1 Mi ffl ROS in R d R-8 R-8 Tile: Lands of Debora G. Hansen Ordinance #: 2020-17 Addresses: 228 Mifflin Rd Legend Parcel ID: ED-00-076.14-01-08.00-000 Subject Property Existing Zoning: RS-1 Residential Single Family Zone Proposed Zoning: R-8 One Family Residence Zone Dover Boundary SWPOZ Source Water Protection Overlay Zone Zoning Owner: Debora G. Hansen Date: 11/25/2020 Dover Parcels « Kent County Parcels 0 100 200 400 Feet SWPOZ Tier 3 34

Item 5. 35

Item 6. MI-21-01 Comprehensive Plan Amendments 2021 Review of a series of Amendments to the 2019 Comprehensive Plan. There are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). A. Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00-000. This is associated with rezoning application Z-21-01. Ordinance #2021-01. B. Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01- 44.00-000. This is associated with rezoning application Z-21-02. Ordinance #2021- 02. C. Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Ordinance #2021-03. The following attachments are provided for general reference with these requests: • Map 12-1: Land Development Plan Map (as adopted January 13, 2020) • MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit • MI-21-01A Exhibit of Current Designation & Proposed Designation • MI-21-01B Exhibit of Current Designation & Proposed Designation • MI-21-01C Exhibit of Current Designation & Proposed Designation • Table 12-1: Land Use and Zoning Matrix Each Request has its own Development Advisory Committee Report and Comments and the Application submission items. 36

Item 6. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-1 Land Development Plan.mxd Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Open Space, Conservation, Recreation Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Water Bodies 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 37 Division.

Item 6. MI-21-01 Comprehensive Plan Amendment Request Locations File: I:\DAC\2021 Applications\ 2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C City of Dover, DE 2019 Comprehensive Plan - Map 12-1: Land Development Plan As Adopted on January 13, 2020 0 Land Use 2,500 LEGEND Active Agriculture 5,000 Feet ¯ Amendment C 1365 N Dupont Hwy Commercial - Entertainment Commercial - High Intensity Commercial - Low Intensity Dover AFB Industrial Institutional Mixed Use Office Amendment A Open Space, Conservation, Recreation 1205 McKee Road Public and Private Utilities Residential High Density Residential Medium Density Residential Low Density Train Track Dover Boundary Roads Hydrology Amendment B Water Bodies 92 N West Street 0 5,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 38 Division.

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment A Item 6. Department of Planning & Inspections Current Designation Proposed Designation Site Site Office Commercial Low Intensity W W estm tm es d in d in R ste r R ste olle olle r ge Dr ge rD C C McK McK ee ee Rd Rd « Plan Title: Lands of College Towers, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1205 McKee Road Plan Type: Comprehensive Plan Amendment A Land Use Industrial Residential High Density Tax Parcel: ED-05-067.00-02-51.00 Active Agriculture Institutional Residential Low Density Current Land Use: Office Proposed Land Use: Commercial Low Intensity Commercial Entertainment Mixed Use Residential Medium Density Owners: College Towers, LLC and Two Farms, Inc. Commercial High Intensity Office Train Track Date: 12/31/2020 0 70 140 280 Feet 39 Commercial Low Intensity Open Space Water

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment B Item 6. Department of Planning & Inspections Current Designation Proposed Designation il St il St Ce c Ce c Site Site t t Industrial est S Mixed Use est S NW NW nS t nS t Fulto Fulto « Plan Title: Lands of Donny Legans Dover Boundary DoverAFB Public and Private Utilities Location: 92 N. West Street Plan Type: Comprehensive Plan Amendment B Land Use Industrial Residential High Density Tax Parcel: ED-05-076.08-01-44.00 & ED-05-076.08-01-16.00 Active Agriculture Institutional Residential Low Density Current Land Use: Industrial Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Donny Legans Commercial High Intensity Office Train Track Date: 12/31/2020 0 50 100 200 Feet 40 Commercial Low Intensity Open Space Water

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment C Item 6. Department of Planning & Inspections Current Designation Proposed Designation St St at at e e Hw Hw y y 1 1 Site Site Commercial High Intensity Mixed Use N N Du Du p po on nt tH H w w y y « Plan Title: Lands of Dover Mall, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1365 North Dupont Highway Plan Type: Comprehensive Plan Amendment C Land Use Industrial Residential High Density Tax Parcel: ED-05-057.00-01-14.04 & ED-05-057.00-01-14.05 Active Agriculture Institutional Residential Low Density Current Land Use: Commercial High Intensity Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Dover Mall LLC, c/o Simon Property Group Commercial High Intensity Office Train Track Date: 12/31/2020 0 360 720 1,440 Feet 41 Commercial Low Intensity Open Space Water

Item 6. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan LAND DEVELOPMENT PLAN MATRIX The following is the Matrix of possible zoning categories in each of the land use categories included on the Land Development Plan Maps: Table 12-1 Land Use and Zoning Matrix Land Use Category Zoning District R-20 (One Family Residence) R-15 (One Family Residence) Residential Low Density R-10 (One Family Residence) R-8 (One Family Residence) R-7 (One Family Residence) C-1 (Neighborhood Commercial) R-8 (One Family Residence) R-7 (One Family Residence) RM-1 (Medium Density Residence) RM-2 (Medium Density Residence) Residential Medium Density RG-1 (General Residence) RG-2 (General Residence) RG-3 (Group Housing) RGO (General Residence and Office) MH (Manufactured Housing) C-1 (Neighborhood Commercial) RM-2 (Medium Density Residence) RGO (General Residence and Office) RG-1 (General Residence) RG-2 (General Residence) Residential High Density RG-3 (Group Housing) RG-4 (General Residence – Multi-Story Apartments) RG-5 (General Residence - Mid Rise Apartments) MH (Manufactured Housing) C-1 (Neighborhood Commercial) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) C-2 (Central Commercial) Commercial - Low Intensity C-2A (Limited Central Commercial) RGO (General Residence and Office) CPO (Commercial and Professional Office) IO (Institutional and Office) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) Commercial – High Intensity SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) CPO (Commercial/Professional Office) IO (Institutional and Office) Page 12 - 26 – 2019 Comprehensive Plan Adopted 1.13.2020 42

Item 6. Adopted – 1.13.2020 Chapter 12 Land Development Plan Dover 2019 Comprehensive Plan RC (Recreational and Commercial) Commercial – Entertainment IO (Institutional and Office) C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Mixed-Use Redevelopment Target Area Only) R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) M (Manufacturing) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Industrial Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) C-3 (Service Commercial) IPM (Industrial Park Manufacturing) IPM-2 (Industrial Park Manufacturing – Business and Public and Private Utilities Technology Center) IPM-3 (Industrial Park Manufacturing - Industrial Aviation & Aeronautics) Any zone subject to conditions Right-of-Way Street, Road and Alley Rights-of-way IO (Institutional and Office) Institutional Institutional uses may be conditionally permitted in residential zones CPO (Commercial and Professional Office) Office and Office Parks IO (Institutional and Office) IPM (Industrial Park Manufacturing) RGO (General Residence and Office) A (Agricultural) Active Agriculture Agricultural uses may also exist in other zones ROS (Recreational and Open Space) Open Space RC (Recreational and Commercial) Source: Department of Planning and Inspections 2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27 43

Item 7. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Review and Recommendation by City of Dover Planning Commission February 16, 2021 MI-21-01 Comprehensive Plan Amendments 2021 Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). A. Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for a parcel located at the northeast corner of McKee Road and College Road to revise the Land Use Classification from Office to Commercial Low Intensity on Map 12-1: Land Development Plan Map. Property Owner: College Towers LLC and equitable owner Two Farms, LLC. Property Address: 1205 McKee Road. Tax Parcel: ED-05-067.00-02-51.00-000. This is associated with rezoning application Z-21-01. Owner: College Towers, LLC Equitable Owner: Two Farms, LLC Address: 1205 McKee Road Tax Parcel: ED-05-067.00-02-51.00-000 Size: 3.46. +/- acres Existing Land Use: Vacant land 2019 Comprehensive Plan Designation – Land Use Classification: Office Proposed Comprehensive Plan Designation – Land Use Classification: Commercial Low Intensity File Number: MI-21-01A Ordinance Number: #2021-01 44

MI-21-01A – Comprehensive Plan Amendments 2021 City of Item 7. DAC Report of February 3, 2021 Page 2 Dover Planning Office CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: February 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01A Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE#: MI-21-01A REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn Melson-Williams, AICP PHONE#: 736-7196 I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by City Council on January 13, 2020 and certified that date as per letter of March 10, 2020 issued by Governor Carney. As adopted, the 2019 Comprehensive Plan sets forth a process by which the Comprehensive Plan can be amended on an annual basis. Amendments to the Comprehensive Plan can be initiated by staff or requested by members of the public. For amendments to the Comprehensive Plan that involve rezoning of property, the requests are processed concurrently. The process to amend the Comprehensive Plan is detailed in the 2019 Comprehensive Plan, Chapter 15: Implementation, specifically on pages 15-10 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form and fee based on the request type, property information (drawing), an analysis of the surrounding land uses and zoning classifications, and a statement of how the Request is consistent with the goals of the Comprehensive Plan. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01A) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the Attachments. A. MI-21-01A Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map Request for Land Use Classification Change from Office to Commercial Low Intensity 45

Item 7. MI-21-01A – Comprehensive Plan Amendments 2021 DAC Report of February 3, 2021 Page 3 This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for property located at the northeast corner of McKee Road and College Road known as 1205 McKee Road. The Request is that Land Use Classification be changed from Office to Commercial Low Intensity to be depicted on Map 12-1: Land Development Plan. This request is associated with the Rezoning application for the same property, identified as Z-21-01 Lands of College Towers LLC at 1205 McKee Road. This Request was submitted by the property owner College Towers LLC. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Office. The property currently has the zoning of CPO (Commercial Professional Office Zone) and is subject to the COZ-1 (Corridor Overlay Zone). • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01A Exhibit of Current Designation & Proposed Designation, and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01A) for Amendment seeks to change the Land Use Classification to Commercial Low Intensity to enable consideration of rezoning the property to C-2A (Limited Central Commercial Zone) with the COZ-1 (Corridor Overlay Zone). • See submissions from Applicant: Memorandum in Support of Comprehensive Plan Amendment and Rezoning (Narrative); College Towers Land Use Map Exhibit; and College Towers Zoning Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The property at 1205 McKee Road was annexed into the City of Dover in February 2006 (AX- 05-06 Lands of Antoine Ashburn) and consisted of four (4) parcels. The four parcels consolidated into one land tract were the subject of two proposed Site Development Plans as an office complex. These Site Plans were S-06-48 Ashburn Office Complex and then S-07-53 Ashburn Office Complex which the Planning Commission approved in November 2007 and achieved Final Plan Approval in November 2009. The proposed Office Complex did not move to commence construction and the Site Plan expired. In 2014, there was a request for a Comprehensive Plan Amendment (MI-14-01B) to revise the Land Use Classification of the property from Office to Commercial (under the 2008 Comprehensive Plan) and to seek rezoning to C-2A. The Request MI-14-01B did not receive a favorable recommendation from the Planning Commission and withdrew the application and the rezoning request. The land continues to remain vacant. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject area at 1205 McKee Road of 3.46 acres as the Land Use Classification Category of Office on Map 12-1: Land Development Plan Map. The Request seeks to take the entire parcel to the Land Use Classification Category of Commercial Low Intensity. The approaches to the Land Use as Office are specifically discussed under the heading of “Employment Centers, Office Park, and Industrial Land Uses” in Chapter 12 – Land 46

Item 7. MI-21-01A – Comprehensive Plan Amendments 2021 DAC Report of February 3, 2021 Page 4 Development Plan. See the following discussion statement on Office Parks from the 2019 Comprehensive Plan. Office Parks The Land Development Plan designates specific tracts of land of various sizes for Office and Office Park land uses. Office Park development involves an integrated development of office buildings with shared entrances, driveways and parking. The majority of uses permitted within an Office Park are generally weekday professional office uses involving very little or no activity at night or on weekends. For this reason, the Office Park designation may be viewed as a transitional use category when situated between more intense commercial and industrial land uses and residential land uses. This designation usually involves the C-PO (Commercial/Professional Office Zone) zoning district. These areas are located throughout the City with established office concentrations in the Enterprise Business Park, along Silver Lake Boulevard, on College Park Drive, along Old Rudnick Lane, the Northgate Center, and elsewhere. Scattered office uses are also located along Saulsbury/McKee Road and within designated “Mixed Use” areas in the Eden Hill Farm Traditional Neighborhood Design (TND). Smaller scale areas for office parks are the Woodbrook complex on South Governors Avenue, office complexes along Walker Road, and areas along Route 8. Regarding Commercial Land Uses and the Land Use Classification of Commercial Low Intensity, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-11. New to the 2019 Comprehensive Plan, a hierarchy of intensities is set up by designating a series of commercial land use categories: Commercial - Entertainment; Commercial – High Intensity; and Commercial – Low Intensity. The general polices for Commercial Land Uses and the statement on Commercial – Low Intensity are listed in the 2019 Comprehensive Plan excerpts presented below: Policies: Commercial Land Uses – in General 1. Create flexible and contemporary commercial zoning provisions that reflect emerging trends in uses, facilities, shopping preferences, and consumer demographics to meet future needs. 2. Encourage the preservation and adaptive re-use of existing commercial buildings and properties in a manner consistent with the character of the area. Continue to refine the Zoning Ordinance and other codes to ensure that City ordinances do not discourage adaptive re-use of vacant commercial buildings, both in the historic downtown and in commercial corridors. 3. Limit the frequency of commercial site entrances along arterial roadways by promoting shared use entrances and cross-access easements among adjoining properties. 4. Periodically review the performance of commercial sign codes to determine their effectiveness and the codes’ impact on the quality of commercial corridors while accommodating emerging concepts of commercial identity and brand. 5. Promote pedestrian and bicycle improvements and connecting pathways between existing and proposed neighborhood commercial sites and the residential areas they serve. 6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks to accommodate alternative means of access to commercial centers. 47

Item 7. MI-21-01A – Comprehensive Plan Amendments 2021 DAC Report of February 3, 2021 Page 5 Commercial - Low Intensity Commercial Areas The Plan identifies areas for Commercial Low Intensity areas intended for predominately neighborhood commercial use to meet the convenience retail and service needs of existing and future residential areas. These uses can be accommodated in newly constructed purpose-built buildings, in renovated existing buildings, or as part of mixed-use redevelopment initiatives. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01A Property at 1205 McKee Road regarding the Land Use Classification change from Office to Commercial Low Intensity. Following our review of the assumptions and policies for Commercial Land Uses and the description of Commercial Low Intensity uses in the 2019 Comprehensive Plan, as well as analysis of the surrounding land uses, the request for a map change in this area from a Land Use Classification of Office to Commercial Low Intensity appears to be consistent with the development of the area and the goals of the Comprehensive Plan. Staff supports the change to a Land Use Classification of Commercial Low Intensity for this property at 1205 McKee Road. This area includes existing infrastructure (transportation network, water, sanitary sewer, electric, etc.) needed for economic development activities and has become an opportunity for infill commercial development to provide goods and services for the nearby residential areas and those traveling the McKee Road corridor. This area of the City has been the focus of recent development activity in the last five years as vacant tracts of land have been built upon. An apartment complex was constructed in the next block west on College Road and the residential subdivision (one-family dwellings) of Emerald Point is fully complete. Slightly to the north on the west side of McKee Road, the development of an institutional use occurred with the rehabilitation hospital facility known as Post-Acute Medical Hospital of Dover. Also annexed was a 78.6-acre tract further north on the east side of McKee Road with zoning of C-2A for commercial development (5.26 acres) and the zoning of RG-2 for a higher density residential development. The general area is a mix of land uses. In addition, this property is along a major north-south corridor linking Route 13/North DuPont Highway and State Route 1 via Scarborough Road, McKee Road, and Saulsbury Road to the POW-MIA Parkway in the southern part of Dover. This change in Land Use Classification to Commercial Low Intensity offers a broader range of zoning districts with a variety of land uses for development than just the Land Use Classification of Office. The current zoning of CPO (Commercial Professional Office Zone) for the site has not resulted in development since its annexation in 2006. From an economic development perspective, Staff feels that it is unlikely that it would develop as an office site and is more likely valuable for commercial use. Any future development of the property will also be subject to designs to enhance the streetscape and aesthetics due to the provisions of the COZ-1 and will likely include transportation system improvements and multi-modal improvements to achieve appropriate site access from adjacent State-maintained roadways. 48

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Property at 1205 McKee Road – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01A 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 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcel ED-05- 067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS 1. None. SANITATION 1. City of Dover commercial sanitation customers are limited to a maximum of two (2), ninety (90) gallon trash containers. In order to best serve the proposed use, it is recommended that a private hauler be utilized. 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. 49

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None 50

Item 7. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 51

Item 7. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C 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 SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 . 52

C F MI-21-1A Item 7. 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: 01/27/21 D S O H V A E L R APPLICATION: Property at 1205 McKee Rd FILE #: MI-21-01A 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. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief Building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 53

Item 7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 54

KENT CONSERVATION DISTRICT Item 7. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. 55

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment A Item 7. Department of Planning & Inspections Current Designation Proposed Designation Site Site Office Commercial Low Intensity W W estm tm es d in d in R ste r R ste olle olle r ge Dr ge rD C C McK McK ee ee Rd Rd « Plan Title: Lands of College Towers, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1205 McKee Road Plan Type: Comprehensive Plan Amendment A Land Use Industrial Residential High Density Tax Parcel: ED-05-067.00-02-51.00 Active Agriculture Institutional Residential Low Density Current Land Use: Office Proposed Land Use: Commercial Low Intensity Commercial Entertainment Mixed Use Residential Medium Density Owners: College Towers, LLC and Two Farms, Inc. Commercial High Intensity Office Train Track Date: 12/31/2020 0 70 140 280 Feet 56 Commercial Low Intensity Open Space Water

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F:\AutoCAD\Projects\2020\2020147\DWG\2020147-CONCEPT-C3D18.dwg, Dec 15, 2020 - 10:17am 2020147.00 1" = 200' 12/15/2020 LND USE Item 7. DRAWN BY: J.N.S. BMG: SCALE: DATE: ARCH I T E C TURE 309 S. Governors Ave. Dover, DE Dover, DE 19904 Ph. 302.734.7950 ENG I N E E R I NG Fax 302.734.7965 LAYER STATE: COMP-AMEND RESIDE\_.TIAL MEDIUr,r DENSITY 200 SCALE: 1" = 200' 100 0 COMPREHENSIVE PLAN AMENDMENT / REZONING SITE DATA 1. OWNER OF RECORD: COLLEGE TOWERS, LLC 30 THE GREEN DOVER, DE 19901 - 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 S. GOVERNORS AVE. DOVER, DE 19904 COLLEGE TOWERS (302) 734-7950 KENT COUNTY / DELAWARE 3. PROPERTY MAP NUMBER: 2-05-06700-02-5100-00001 4. ZONING CLASSIFICATION: EXISTING: CPO / (CITY OF DOVER) PROPOSED: C-2A / (CITY OF DOVER) 5. DEED SUMMARY: - 6. PLAT REFERENCE: - 7. PRESENT USE: VACANT COMMERCIAL PROPERTY 8. PROPOSED USE: RETAIL CITY OF DOVER 9. TOTAL SITE AREA: 3.46 ACRES ± 13. SOURCE OF WATER: CITY OF DOVER 14. SOURCE OF SEWER: CITY OF DOVER 15. SOURCE OF GAS: CHESAPEAKE UTILITIES 16. SOURCE OF ELECTRIC: CITY OF DOVER 60

Item 7. FIRST READING CITY OF DOVER ORDINANCE #2021-01 1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF 3 THE SPECIFIC PROPERTY LOCATED AT 1205 MCKEE ROAD. 4 5 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 6 the City of Dover, Delaware; and 7 8 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 9 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 10 pursuant to Title 22, Section 702 of the Delaware Code; and 11 12 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 13 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 14 15 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 16 17 WHEREAS, a property owner has requested an amendment to the Land Development Plan Map (Map 18 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 19 20 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 21 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and 22 23 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the 24 Planning Commission made a recommendation in regard to this amendment to the Land Development 25 Plan related to the specific property. 26 27 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 28 Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as described 29 below. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 32 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 33 34 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 35 Map of the City of Dover has been amended by changing the designated Land Use Classification from 36 Office to Commercial Low Intensity for a parcel located at the northeast corner of McKee Road and 37 College Road, known as 1205 McKee Road. 38 (Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 39 McKee Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01) 40 41 BE IT FURTHER ORDAINED: 42 43 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 44 Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019 45 Comprehensive Plan. 46 47 ADOPTED: * 61

Item 7. Proposed Ordinance #2021-01: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01A: 1205 McKee Road) Page 2 48 I:\DAC\2021 Applications\2 February 2021\MI-21-01 Comprehensive Plan Amendments A B C\Amendment A - 1205 49 McKee Road College Towers\First Reading Ordinance 2021-01 Comp Plan Amendment 1205 McKee Rd MI-21-01A.docx 50 51 52 SYNOPSIS 53 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 54 Classification of a property. The specific property is 1205 McKee Road, Dover DE. The amendment 55 (MI-21-01A) is to be reflected as a revision to Map 12-1: Land Development Plan Map of the 2019 56 Comprehensive Plan. 57 58 59 60 Actions History: 61 January 25, 2021 – Scheduled for First Reading – City Council 62 62

Item 8. PETITION TO AMEND ZONING DISTRICT Public Hearing and Review for Recommendation before the Planning Commission February 16, 2019 Owner: College Towers, LLC Equitable Owner: Two Farms, LLC Address: 1205 McKee Road Location: Northeast corner of McKee Road and College Road Tax Parcel: ED-05-067.00-02-51.00-000 Size: 3.46. +/- acres Present Use: Vacant land Proposed Use: Retail Uses 2019 Comprehensive Plan Designation – Land Use Classification: Office Proposed Comprehensive Plan Designation – Land Use Classification: Commercial Low Intensity • This is subject to action on Comprehensive Plan Amendment 2021 Request MI-20-01A with Ordinance #2021-01. Present Zoning: CPO (Commercial and Professional Office Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: For future development of a convenience store with gas pumps and a separate retail building. File Number: Z-21-01 Ordinance Number: 2021-04 63

Item 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road DAC Report of February 3, 2021 Page 2 I. APPLICATION SUMMARY This Rezoning Application is for Lands of College Towers, LLC which consist of 3.46 acres on the northeast corner of McKee Road and College Road. The property is currently zoned CPO (Commercial and Professional Zone) and is subject to the requirements of the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) while maintaining the COZ-1 (Corridor Overlay Zone). This Rezoning Request is associated with request MI-21-01A for Comprehensive Plan Amendment as a Land Use Classification revision to Map 12-1. Existing Property: The subject parcel has an area of 3.46 acres is currently a vacant lot. The parcel is located on the northeast corner of the intersection of McKee Road and College Road and is the only parcel immediately at that intersection not yet developed. The applicant is seeking rezoning to C-2A (Limited Central Commercial Zone) and remaining subject to the COZ-1 (Corridor Overlay Zone) to allow for future development of the property for retail uses (potential convenience store with gas pumps and a separate retail building). The development of the site will be subject to a separate application submission and review. Surrounding Land Uses: The parcels immediately surrounding the subject parcel contain a variety of primarily Institutional and Commercial uses. The property immediately adjacent to the north is not within City of Dover City Limits, is zoned RS1 (Single Family Residential Zone) and appears to be utilized as a one-family detached dwelling unit (single family home). Immediately adjacent to the subject parcel to the east is the North Dover Elementary School on a parcel zoned IO (Institutional and Office Zone). Across College Road to the south is land also zoned IO (Institutional and Office Zone) and RG-5 (General Residence Zone for Mid-Rise Apartments Zone) as the campus of Westminster Village at Dover, a Senior Care Facility including cottage and apartment units and assisted living & rehabilitation facilities. Across McKee Road to the west and north of College Road are two parcels. The one parcel immediately adjacent to the intersection of College and McKee Roads is zoned C-2A (Limited Central Commercial Zone) and contains a multi-tenant building with retail uses, offices, and a Liquor Store. The northern parcel immediately across McKee Road to the west is zoned CPO (Commercial and Professional Office Zone); however, the most recent use of the building on this site appears to be a one-family detached dwelling unit (single-family home). Diagonally across the McKee Road/College Road intersection is a property zoned CPO (Commercial Professional Office) containing two multi-tenant office buildings. All properties discussed fronting on the McKee Road corridor are subject to the COZ-1 (Corridor Overlay Zone). Previous Applications Following Annexation (AX-05-06) of the subject site into the City in February 2006, there have been several applications for site development of this parcel including Site Plans S-06-48 and S- 07-53 Ashburn Office Complex. However, after achieving Planning Commission and Final Plan approvals in 2007-2009 the proposed multi-building office complex did not commence construction and the plans expired. In 2014, the property was the subject Rezoning Application 64

Item 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road DAC Report of February 3, 2021 Page 3 #Z-14-01 Lands of College Road Offices LLC and an associated Comprehensive Plan Amendment (Application MI-14-01B) to the Land Development Plan Map of the 2008 Comprehensive Plan. Rezoning Application Z-14-01 similarly sought to change the zoning from CPO with COZ-1 to C-2A with COZ-1 in order to allow for commercial development of the property. However, after the Planning Commission’s action in February 2014 to recommend denial of the Comprehensive Plan Amendment (MI-14-01B), the applicant made the request to withdraw the Rezoning Application Z-14-01. Thus, the previous rezoning request Z-14-01, though having begun the review process, was withdrawn prior to a hearing by Planning Commission and City Council. II. COMPREHENSIVE PLAN COMPLIANCE REVIEW The 2019 Comprehensive Plan depicts the subject area of 3.46 acres as Office as the Land Use Classification on Map 12-1: Land Development Plan Map. Under Comprehensive Plan Amendments 2021 Application MI-21-01A, there is a request to change the Land Use Classification to Commercial Low Intensity for the entire parcel. If the Comprehensive Plan Amendment MI-21-01B is approved, then the requested zoning of C-2A would be consistent with the Comprehensive Plan. If the Comprehensive Plan Amendment is not approved, the zoning requested would not be consistent with the current Comprehensive Plan. For the Land Use Classification of Commercial Low Intensity, the 2019 Comprehensive Plan allows the zoning districts of C-1, C-1A, C-2, C-2A, RGO, CPO, and IO. III. ZONING REVIEW Request for C-2A (Limited Central Commercial) Zoning The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. Article 3 Section 14. – Limited Central Commercial Zone (C-2A). 14.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail Stores (b) Business, professional or government offices (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings 14.2 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: 65

Item 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road DAC Report of February 3, 2021 Page 4 (a) Parking lots and parking structures as a principal use on suitably landscaped lots. (b) Fuel pumps accessory to a permitted use. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 14.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 14.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. Corridor Overlay Zone The provisions of the COZ-1 (Corridor Overlay Zone) in Zoning Ordinance, Article 3 §27 are established to “promote superior urban corridor development and the highest quality-built environment.” There are a series architectural, parking, and landscaping guidelines that would be required by the COZ-1 zoning district, if development of the property is proposed. See following excerpt from the Zoning Ordinance regarding the COZ-1. Article 3 Section 27. – Corridor Overlay Zone (COZ-1). 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons: (a) To promote superior urban corridor development and the highest quality built environment; (b) To foster coordination and linkage among corridor properties and with adjacent lands; (c) To preserve the functionality and efficiency of the roadway for traffic movement; and (d) To achieve a visually balanced streetscape environment which is friendly to the pedestrian and motorist alike. 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design" shall meet the following criteria: (a) Superior urban design places a strict and primary importance on the pedestrian. The concept should lend itself to interconnectivity while presenting building structures as aspects of the street, not simply islands existing in the "sea of roads". The design should encourage fewer car-trips, as well as promote automobile trips on an interconnected local street system rather than trips that utilize the arterials. In demonstrating superior urban design, an applicant must show that the plan presented exceeds the requirements of the zoning ordinance in at least two of the following areas: (i) Transportation amenities for bicycles, pedestrians and transit that exceed those required by the zoning ordinance; (ii) Architectural features including, but not limited to: LEED-certified buildings; unique architecture not replicated in other locations; use of architectural elements such as entry porticos, porte-cocheres, 66

Item 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road DAC Report of February 3, 2021 Page 5 colonnades, cornices, porch columns and balusters, band courses, coins, water tables and other trim that enhances visual quality and function of the structure; and use of the highest-quality construction materials. (iii) Landscaping that exceeds the requirements of this section, including robust use of trees, shrubbery, and flowering plants to screen parked cars; water gardens and ponds; arboretums; tree preservation measures; (iv) Public spaces and art including, but not limited to, sculpture, memorials, murals, public court yards and pocket parks, and fountains; (v) Green technologies for stormwater management, as well as green energy technologies such as geothermal heating and cooling and solar energy supplies. (b) The city planner shall develop policy guidance on how the concept of superior urban design will be evaluated. 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance: (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly direction to the city limit line. (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road (County Road 100) in a southerly direction to the terminal intersection with West North Street (County Road 73). 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to the specific zoning district designations of each property as depicted on the zoning map. 27.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change in use. When the zoning district regulations specify that a particular use requires conditional use approval in accordance with article 10, section 1, the provisions of that article shall apply. Site development plans and conditional use site plans for properties within the COZ shall reflect compliance with the development guidelines of this article, in addition to all other applicable codes and regulations. Zoning Ordinance, Article 3 Section 27 further offers Development Guidelines based on both the placement of the property within the COZ-1 (Corridor Overlay Zone) and the base zoning of the property itself. IV. RECOMMENDATION OF PLANNNG STAFF This request is to rezone lands from C-PO (Commercial/Professional Office Zone), to C-2A (Limited Central Commercial Zone). The properties would remain subject to the COZ-1 (Corridor Overlay Zone). Staff supports the rezoning request from CPO (with COZ-1) to C-2A (with COZ-1), provided that the companion Comprehensive Plan Amendment is first approved then making the rezoning request compliant with the Comprehensive Plan. This rezoning to C- 67

Item 8. Z-21-01 Lands of College Towers LLC at 1205 McKee Road DAC Report of February 3, 2021 Page 6 2A would be in compliance with the Commercial Low Intensity Land Use Classification designation which is largely in character with the immediate vicinity. Staff also recommends that the property remain subject to the COZ-1 (Corridor Overlay Zone) due to its frontage on McKee Road. The purposes of the COZ-1 are to promote superior urban corridor development; to foster coordination and linkage among corridor properties; to preserve functionality and efficiency of the roadway for traffic movement; and to achieve a visually balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance, Article 3 §27). This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the C- 2A zoning district. Staff again notes that any potential development for the site, would have to be in line with the zoning classification, and would similarly have to follow all development design guidelines of the Zoning Ordinance. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration in making a recommendation to City Council on this Application. V. ADVISORY COMMENTS TO THE APPLICANT 1) This Rezoning Application Z-21-01 is associated with MI-21-01A Comprehensive Plan Amendment 2019 which must be approved for this Rezoning Request to C-2A (while maintaining the COZ-1 Corridor Overlay Zone) to be considered compliant with the 2019 Comprehensive Plan. 2) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. Following any decision made by City Council regarding this rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 3) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 68

Item 8. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 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 1. None. GENERAL 1. Our office has no objection to the rezoning of tax parcel ED-05-067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: STORMWATER / STREETS 1. None. SANITATION 1. City of Dover commercial sanitation customers are limited to a maximum of two (2), ninety (90) gallon trash containers. In order to best serve the proposed use, it is recommended that a private hauler be utilized. 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. 69

Item 8. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel: ED-05-067.00-02-51.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 70

Item 8. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT EMAIL #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Our office has no objection to the rezoning of: ED-05-067.00-02-51.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 71

C F Z-21-01 Item 8. 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: 01/27/21 D S O H V A E L R APPLICATION: Lands of College Towers LLC at 1205 McKee Rd FILE #: Z-21-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This is a rezoning application. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 72

Item 8. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: College Towers (1205 McKee Road) FILE#: Z-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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. No objection to the Rezoning 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 73

KENT CONSERVATION DISTRICT Item 8. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of College Towers LLC at 1205 McKee Road FILE #: Z-21-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the proposed re-zoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. 74

City of Dover Application No.: Z-21-01 Item 8. Department of Planning & Inspections IO C CPO ol le ge Pa r IO k Sc D r h roug arbo Rd CPO ROS IO CPO Site RG-5 d R ge ol le C CPO R-8 M cK Wes ee tm Rd D C ir C-2A st er z in pa To r IO CPO RG-2 IO IPM R-10 Tile: Lands of College Towers LLC Ordinance #: 2021-04 Addresses: 1205 McKee Road Parcel ID: ED-05-067.00-02-51.00-000 Legend Existing Zoning: CPO Commercial & Professional Office Zone COZ-1 Corridor Overlay Zone 2012 Buildings Proposed Zoning: C-2A Limited Central Commercial Zoning COZ-1 Corridor Overlay Zone Owner: College Towers LLC Dover Parcels « Equitable Owner: Two Farms LLC Subject Property Date: 01/14/2021 0 150 300 600 Feet 75

F:\AutoCAD\Projects\2020\2020147\DWG\2020147-CONCEPT-C3D18.dwg, Dec 15, 2020 - 10:16am 1" = 200' 2020-12-15 12/15/2020 2020147.00 Item 8. ZONE DRAWN BY: J.N.S. BMG: SCALE: DATE: . ARCH I T E C TURE 309 S. Governors Ave. N Dover, DE Dover, DE 19904 Ph. 302.734.7950 ENG I N E E R I NG IO IO OFFICE Fax 302.734.7965 LAYER STATE: COMP-ZONE SUBJECT PROPERTY RG-2 CPO 200 SCALE: 1" = 200' C2-A C2-A Do Not Explode - Select Scale 100 COLLEGE ROAD 0 McKEE RO CPO COMPREHENSIVE PLAN AMENDMENT / REZONING AD (DE-15 IO IO RG-5 SITE DATA ) 1. OWNER OF RECORD: COLLEGE TOWERS, LLC 30 THE GREEN DOVER, DE 19901 - 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 S. GOVERNORS AVE. DOVER, DE 19904 COLLEGE TOWERS (302) 734-7950 KENT COUNTY / DELAWARE 3. PROPERTY MAP NUMBER: 2-05-06700-02-5100-00001 4. ZONING CLASSIFICATION: EXISTING: CPO / (CITY OF DOVER) PROPOSED: C-2A / (CITY OF DOVER) 5. DEED SUMMARY: - 6. PLAT REFERENCE: - - 7. PRESENT USE: VACANT COMMERCIAL PROPERTY 8. PROPOSED USE: RETAIL CITY OF DOVER 9. TOTAL SITE AREA: 3.46 ACRES ± 13. SOURCE OF WATER: CITY OF DOVER 14. SOURCE OF SEWER: CITY OF DOVER 15. SOURCE OF GAS: CHESAPEAKE UTILITIES 16. SOURCE OF ELECTRIC: CITY OF DOVER 76

Item 8. FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2021-04 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 1205 MCKEE ROAD 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor 9 Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor 10 Overlay Zone). 11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 12 DOVER, IN COUNCIL MET: 13 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 14 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO 15 (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to 16 C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that 17 property located at 1205 McKee Road (located at the northeast corner of McKee Road and College 18 Road), consisting of 3.46 acres +/-, owned by College Towers LLC and equitable owner Two 19 Farms, LLC. 20 (Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council District) 21 22 ADOPTED: * 23 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD\ORDINANCE #2021-04 - REZONING - 1205 MCKEE ROAD 24 - FIRST READING.wpd 25 Actions History 26 January 25, 2021 - Scheduled for First Reading - City Council 77

Item 9. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Review and Recommendation by City of Dover Planning Commission February 16, 2021 MI-21-01 Comprehensive Plan Amendments 2021 Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). B. Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map - Request for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street to revise the Land Use Classification from Industrial to Mixed Use on Map 12-1: Land Development Plan Map. Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.). Property Addresses: 92 N. West Street and unaddressed parcel on Fulton Street. Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01- 44.00-000. This is associated with rezoning application Z-21-02. Owner: Donny Legans Addresses: 92 N. West Street and unaddressed parcel on Fulton Street Tax Parcels: ED-02-076.08-01-16.00-000 ED-02-076.08-01-44.00-000 Total Size: 0.82 acres +/- Existing Land Use: Industrial 2019 Comprehensive Plan Designation – Land Use Classification: Industrial Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use File Number: MI-21-01B Ordinance Number: #2021-02 78

Item 9. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 2 City of Dover CITY OF DOVER Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: February 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01B Properties at 92 N. West Street and Parcel on Fulton Street – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE#: MI-21-01B REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn Melson-Williams, AICP PHONE#: 736-7196 I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by City Council on January 13, 2020 and certified that date as per letter of March 10, 2020 issued by Governor Carney. As adopted, the 2019 Comprehensive Plan sets forth a process by which the Comprehensive Plan can be amended on an annual basis. Amendments to the Comprehensive Plan can be initiated by staff or requested by members of the public. For amendments to the Comprehensive Plan that involve rezoning of property, the requests are processed concurrently. The process to amend the Comprehensive Plan is detailed in the 2019 Comprehensive Plan, Chapter 15: Implementation, specifically on pages 15-10 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form and fee based on the request type, property information (drawing), an analysis of the surrounding land uses and zoning classifications, and a statement of how the Request is consistent with the goals of the Comprehensive Plan. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01B) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the attachments. B. MI-21-01B Properties at 92 N. West Street and Parcel on Fulton Street - Consideration of Amendment to Map 12-1: Land Development Plan Map 79

Item 9. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 3 Request for Land Use Classification Change from Industrial to Mixed Use This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for two parcels located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The Request is that Land Use Classification be changed from Industrial to Mixed Use to be depicted on Map 12-1: Land Development Plan. This request is associated with the Rezoning application for the same property, identified as Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street. This Request was submitted by the property owner Donny Legans. The properties were formerly owned (and operated) by Southern States Cooperative Inc. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Industrial. The property currently has the zoning of M (Manufacturing Zone). • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01B Exhibit of Current Designation & Proposed Designation; and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01B) for Amendment seeks to change the Land Use Classification to Mixed Use to enable consideration of rezoning the property to C-2A (Limited Central Commercial Zone). • See submissions from Applicant: Comprehensive Plan Amendment Request Letter of December 14, 2020 (Narrative); and 92 Ventures Land Use Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The subject area consists of two parcels. The parcel addressed as 92 N. West Street includes an existing warehouse-like building and an area surrounded by fencing. The building is vacant and was previously used by Southern States Cooperative Inc. Aerial photographs show activity on the site in the 1960s and Permit records indicate locations of above ground storage tanks (for various fuels). The vacant building was formally registered as part of the City’s Vacant Buildings Program in January 2012. The other parcel is a strip of land directly adjacent to the railroad corridor; it currently does not include any buildings. There have been no recent site development plans for the properties. With the previous usage of the site, the property has been monitored in DNREC’s Underground Storage Tank programs (Project ID #1-000074). This industrial activity on the site must be considered for any potential environmental impacts. The properties are also located at the northwest portion of two redevelopment areas; it is within the boundaries of the Downtown Dover Redevelopment Target Area and within the Downtown Development District (DDD) program area. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject area of the two parcels totaling 0.82 acres as the Land Use Classification Category of Industrial on Map 12-1: Land Development Plan Map. The Request seeks to take both parcels to the Land Use Classification Category of Mixed Use. 80

Item 9. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 4 The approaches to the Land Use as Industrial are specifically discussed in the 2019 Comprehensive Plan beginning on page 12-16. It discusses the variety of industry types and locations citywide with industrial development as an employment opportunity. See the following Goal and Policy statements on Employment Centers: Office Park and Industrial Land Uses from the 2019 Comprehensive Plan. Goal: Employment Centers Create a more vibrant, growing economy with a broader range of job opportunities through collaborative efforts to market the region, identify potential targets, and respond to opportunities to foster an increase in office and industrial development in appropriate and designated areas. Policies: Employment Centers 1. Protect existing industrial, office park and manufacturing establishments from encroachment by incompatible land uses which could result in nuisance complaints, hazardous situations, and human conflict. 2. Provide sufficient land area for industrial purposes to enable the expansion of existing industries, the establishments of new facilities, and revitalization of underutilized older industrial sites. 3. Provide for a variety of office park and industrial development opportunities through the designation of areas for small, medium and large establishments within planned industrial parks. 4. Promote alternative modes of accessibility including pedestrian and bicycle facilities, bus shelters and transit stops, and provide incentives for car and van pooling of employees. 5. Create flexible and contemporary industrial zoning provisions that reflect emerging trends in uses, facilities, and business opportunities to meet future needs. The Transportation Chapter 9 of the Comprehensive Plan also discusses the opportunities of “Rail Transportation” as the rail line operated by the Delmarva Central Railroad (DCR) runs north-south through the City. Referencing the 2018 Kent County Rail/Freight Zoning Study, the Chapter recommends retaining industrial zoning for parcels adjacent to the railroad. Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature 81

Item 9. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 5 mixed use development, pedestrian-friendly public environments and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. The 2019 Comprehensive Plan discusses several Mixed Use Areas within the City and presents recommendations for each of them. The location of the subject properties is in the far northwest section of the Downtown Dover area where the grid street pattern continues to exist and where lands to the east are predominately residential in character. The Plan notes the following: “The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major employment, residential and commercial center as well as the symbolic and cultural heart of the community. Efforts should strive to recognize its unique heritage and historic resources and to provide for mixed use development allowing greatest variation of uses, Activities to reestablish the economic and social vitality of Downtown neighborhoods are encouraged.” Recommendations: Downtown Dover – Mixed Use • Master plan the Loockerman Street corridor. • Enhance the Downtown area through economic development and historic preservation programs. • Continue to support the preservation and adaptive reuse of buildings and infrastructure through public investments, property maintenance enforcement, housing grants, and financial incentives. • Promote zoning districts and regulations that support the traditional mixed-use nature of the Downtown area. • Support revitalization of Downtown residential neighborhoods. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01B Properties at 92 N. West Street and a Parcel on Fulton Street regarding the Land Use Classification change from Industrial to Mixed Use. 82

Item 9. MI-21-01B – Comprehensive Plan Amendments 2021: Properties at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 6 Following our review of the goals and policies for Industrial Land Uses and the description of Mixed Use Areas uses in the 2019 Comprehensive Plan, as well as analysis of the surrounding land uses, the request for a map change in this area from a Land Use Classification of Industrial to Mixed Use does not appear to be consistent with the development of the immediate area and the goals of the Comprehensive Plan. Staff does not support the change to a Land Use Classification of Mixed Use for this property at 92 N. West Street and the adjacent parcel. While the change in Land Use Classification to Mixed Use offers a broader range of zoning districts with a variety of land uses for development, the question is does it appropriately reflect the character of the area. The nearby blocks to the southeast towards West Division Street are designated with the Land Use Classification of Mixed Use and contain predominately residences and a number of places of assembly (churches) until it reaches West Division Street where the more commercial uses are found along the corridor. However, the properties in the area between the railroad corridor and N. West Street, where the subject properties are located, are a collection of industrial uses – contractor yards, storage, repair facilities, and a material recycling facility. They have the Land Use Classification of Industrial. These parcels along the east side of the railroad corridor are smaller in size than those parcels on the west side of the railroad corridor, but the properties may still allow for a focus on smaller scale operations/businesses. Examples of potential uses could be small construction related contactors needing storage of equipment and materials, light industry operations, or specialized manufacturing. The adjacency to the railroad line could be advantageous to certain industrial activities for delivery and distribution of materials/products. Even with a Land Use Classification of Industrial, there is an opportunity to rezone for less intense industrial zones such as the C-3 (Service Commercial Zone) which offers service uses, offices, and even retail use options. There is some concern about the impacts of certain industrial or manufacturing uses on the nearby established residential areas to the east. However, this area immediately adjacent to the railroad corridor has a history of industrial uses and N. West Street itself serves as a boundary for the transition. The properties themselves would not be favorable for redevelopment as an expansion of residential uses. Any redevelopment in more of a commercial realm will bring questions of adequate on-site parking so that parking does not infiltrate the residential neighborhood, appropriate water and sewer services for the building use, site access that does not impact the bicycle trail system lane on N. West Street, etc. 83

Item 9. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Properties at 92 N. West Street – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01B 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 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcels ED-05- 076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. 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. 84

Item 9. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None 85

Item 9. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 86

Item 9. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C 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 SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 . 87

C F MI-21-1B Item 9. 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: 01/27/21 D S O H V A E L R APPLICATION: Property at 92 N West St FILE #: MI-21-01B 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. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Additional information will be needed in reference to the mixed use in order to provide detailed comments. 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. 88

Item 9. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 89

KENT CONSERVATION DISTRICT Item 9. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. 90

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment B Item 9. Department of Planning & Inspections Current Designation Proposed Designation il St il St Ce c Ce c Site Site t t Industrial est S Mixed Use est S NW NW nS t nS t Fulto Fulto « Plan Title: Lands of Donny Legans Dover Boundary DoverAFB Public and Private Utilities Location: 92 N. West Street Plan Type: Comprehensive Plan Amendment B Land Use Industrial Residential High Density Tax Parcel: ED-05-076.08-01-44.00 & ED-05-076.08-01-16.00 Active Agriculture Institutional Residential Low Density Current Land Use: Industrial Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Donny Legans Commercial High Intensity Office Train Track Date: 12/31/2020 0 50 100 200 Feet 91 Commercial Low Intensity Open Space Water

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Item 9. FIRST READING CITY OF DOVER ORDINANCE #2021-02 1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF 3 THE SPECIFIC PROPERTIES LOCATED AT 92 N. WEST STREET AND AN ADJACENT 4 PARCEL ON FULTON STREET 5 6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 7 the City of Dover, Delaware; and 8 9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 11 pursuant to Title 22, Section 702 of the Delaware Code; and 12 13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 15 16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 17 18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12- 19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 20 21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and 23 24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the 25 Planning Commission made a recommendation in regard to this amendment to the Land Development 26 Plan related to the specific properties. 27 28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described 30 below. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 34 35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 36 Map of the City of Dover has been amended by changing the designated Land Use Classification from 37 Industrial to Mixed Use for two parcels located adjacent to the east side of the railroad corridor along 38 North West Street between Fulton Street and Cecil Street, known as 92 N. West Street and a 39 unaddressed parcel on Fulton Street. 40 (Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 41 N. West Street and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and 42 ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02) 43 44 BE IT FURTHER ORDAINED: 45 97

Item 9. Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01B: 92 N. West Street and unaddressed parcel on Fulton Street) Page 2 46 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 47 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019 48 Comprehensive Plan. 49 50 ADOPTED: * 51 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-02 - AMENDMENT TO MAP 12-1 LAND DEVELOPMENT 52 PLAN MAP - 92 NORTH WEST STREET AND FULTON STREET\ORDINANCE #2021-02 - COMP PLAN 53 AMENDMENT - 92 NORTH WEST STREET - FIRST READING.docx 54 55 SYNOPSIS 56 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 57 Classification of two properties. The properties are 92 N. West Street and an unaddressed parcel on 58 Fulton Street, Dover DE. The amendments (MI-21-01B) are to be reflected as a revision to Map 12-1: 59 Land Development Plan Map of the 2019 Comprehensive Plan. 60 61 62 63 Actions History: 64 January 25, 2021 – Scheduled for First Reading – City Council 65 98

Item 10. PETITION TO AMEND ZONING DISTRICT Public Hearing and Review for Recommendation before the Planning Commission February 16, 2019 Owner: Donny Legans Address: 92 N. West Street Unaddressed parcel on Fulton Street (adjacent to railroad) Location: Adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street Tax Parcel: Main parcel: ED-05-076.08-01-16.00-000 Secondary parcel: ED-05-076.08-01-44.00-000 Size: 0.82 +/- total acres Present Use: Vacant Building (previous Industrial/Manufacturing use) Proposed Use: Restaurant 2019 Comprehensive Plan Designation – Land Use Classification: Industrial Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use Present Zoning: M (Manufacturing Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) Reason for Request: To establish a restaurant in existing structure. File Number: Z-21-02 Ordinance Number: 2021-05 99

Item 10. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 2 I. APPLICATION SUMMARY This Rezoning Application is for Lands of Donny Legans which consist of two parcels totaling 0.82 acres immediately adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The properties are currently zoned M (Manufacturing Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). This Rezoning Request is associated with request MI-21-01B for Comprehensive Plan Amendment as a Land Use Classification revision to Map 12-1. Existing Property: The subject parcels have an area of 0.82 acres and are currently vacant containing a structure previously utilized as an industrial facility (previously Southern States Cooperative Inc.) on the parcel closest to N. West Street. The parcels are located adjacent to the east side of the railroad corridor along N. West Street between Fulton Street and Cecil Street. The applicant is seeking rezoning to C-2A (Limited Central Commercial Zone) to allow for future redevelopment of the existing industrial building as a restaurant (Beer Garden). The development of the site will be subject to a separate application submission. Surrounding Land Uses: The parcels immediately surrounding the subject parcel to the south, west, and north all contain a variety of primarily industrial and commercial uses. Specifically, the property across Fulton Street to the south is also zoned M (Manufacturing Zone) and contains a warehouse. The properties across Cecil Street to the north are also zoned M and contain warehouses, a contractor’s yard, and storage yards. Across the railroad to the west is a small property zoned C-3 (Service Commercial Zone) and was the location of the Prime Care Medical Transport Offices. The remaining land to the west is undeveloped and zoned IPM (Industrial Park and Manufacturing Zone). The properties across N. West Street to the east are zoned RG-1 (General Residence Zone) and contain places of public assembly (2 Churches and a Community Center) and with the blocks to the east as residential uses of mostly one-family dwellings. Adjacent along the western frontage of the western parcel is the Railroad which runs north-south, almost parallel to N. West Street. South of the two parcels is an unused segment of Fulton Street. II. COMPREHENSIVE PLAN COMPLIANCE REVIEW The 2019 Comprehensive Plan depicts the subject area (two parcels) totaling 0.82 acres as Manufacturing as the Land Use Classifications on Map 12-1: Land Development Plan Map. Under MI-21-01B, there is a request to change the Land Use Classification to Mixed Use for the parcels. If the Comprehensive Plan Amendment MI-21-01B is approved, then the requested zoning of C-2A would be consistent with the Comprehensive Plan. If the Comprehensive Plan Amendment is not approved, the zoning requested would not be consistent with the Comprehensive Plan. For the Land Use Classification of Mixed Use, the 2019 Comprehensive Plan allows the zoning districts of C-1, C-1A, C-2, C-2A, RGO, R-8, R-10, RG-1, RG-2, RG-4, C-3, CPO, and IO. III. ZONING REVIEW Request for C-2A (Limited Central Commercial Zone) Zoning 100

Item 10. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 3 The following description of the C-2A zoning district is provided from Article 3 §14 of the Zoning Ordinance. Article 3 Section 14. – Limited Central Commercial Zone (C-2A). 14.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail Stores (b) Business, professional or government offices (c) Personal service establishments. (d) Restaurants. (e) Service establishments. (f) Hotels. (g) Places of public assembly. (h) Drive-throughs. (i) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (j) Apartments and multi-family dwellings 14.2 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) Parking lots and parking structures as a principal use on suitably landscaped lots. (b) Fuel pumps accessory to a permitted use. 14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off street parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 14.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 14.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. IV. RECOMMENDATION OF PLANNING STAFF This request is to rezone lands from M (Manufacturing Zone) to C-2A (Limited Central Commercial Zone) is not supported by Staff. Planning Staff feels that due to its proximity to the railroad and other neighboring industrial uses and zoning, a zoning classification that allows manufacturing and industrial activity remains the highest and best use of the land. The C-2A zoning district does not include these types of manufacturing and industrial related uses. The C- 2A zone allows for a variety of commercial activities and even some residential uses. The proposed Rezoning to C-2A would be to a mixed use land use designation which is largely out of character with the immediate vicinity along the railroad corridor. 101

Item 10. Z-21-02 Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street DAC Report of February 3, 2021 Page 4 This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the assigned zoning district. Staff again notes that any potential development for the site, would have to be in line with its zoning classification, and would similarly have to follow all development design guidelines of the Zoning Ordinance. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration in making a recommendation to City Council on this Application. V. ADVISORY COMMENTS TO THE APPLICANT: 1) This Rezoning Application Z-21-02 is associated with MI-21-01B Comprehensive Plan Amendment 2021 which must be approved for this Rezoning Request to C-2A (Limited Central Commercial Zone) to be considered compliant with the Comprehensive Plan. 2) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. Following any decision made by City Council regarding this rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 3) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit, Demolition Permit, Sign Permit or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. Certain uses may also require specialized State licenses. 5) These properties are located within the Downtown Redevelopment Target Area and are located within the Downtown Development District. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 102

Item 10. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street and a Parcel on Fulton Street FILE #: Z-21-02 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 1. None. GENERAL 1. Our office has no objection to the rezoning of tax parcels ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00- 000. 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. 103

Item 10. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Lands of Donny Legans at 92 N. West St. and a Parcel on Fulton St. FILE #: Z-21-02 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Water / Wastewater Handbook. 2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook. 3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to current requirements. This may include relocating the water meter outside or changing service line sizes. Please ensure you schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees may apply for future development. ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 104

Item 10. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street FILE #: Z-21-02 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. Our office has no objection to the rezoning of: ED-05-076.08-01-16.00-000 & ED-05-076.08-01-44.00-000 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 105

C F 10. Z-21-02 Item 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: 01/27/21 D S O H V A E L R APPLICATION: Lands of Donny Legans at 92 N West St and a Parcel on Fulton St FILE #: Z-21-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This is a rezoning application. This office has no objections. 2. Please contact the Chief building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 106

Item 10. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Donny Legans (92 N. West Street) FILE#: Z-21-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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. No objection to the Rezoning 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 107

KENT CONSERVATION DISTRICT Item 10. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Lands of Donny Legans at 92 N. West Street and a parcel on Fulton Street FILE #: Z-21-02 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the proposed re-zoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than 5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by the Kent Conversation District prior to the commencement of disturbance. 108

City of Dover Application No.: Z-21-02 Item 10. Department of Planning & Inspections C-1 RG-1 RG-1 M RG- il St 1 Cec RG-1 RG-1 RG-1 N Ki IPM rkwo od S t est S NW t Site n St Fulto RG-1 C-3 RG-1 RG-1 RG-1 Rid gely St RG-1 RG-1 M C-1A C-3 C-2A C-3 C-3 n St ivisio WD C-2A C-2A Tile: Lands of Donny Legans Ordinance #: 2021-05 Addresses: 92 N West Street Parcel ID: ED-05-076.08-01-16.00-000 Legend ED-05-076.08-01-44.00-000 Existing Zoning: M Manufacturing Zone 2012 Buildings Proposed Zoning: C-2A Limited Central Commercial Zoning Owner: Donny Legans Date: 01/14/2021 Dover Parcels 0 100 200 400 Feet « Subject Property 109

Item 10. FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2021-05 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 92 NORTH WEST STREET AND A PARCEL ON FULTON STREET 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from M (Manufacturing Zone) to C-2A (Limited Central Commercial zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 M (Manufacturing Zone) to C-2A (Limited Central Commercial) on that property located at 92 North 14 West Street and a Parcel on Fulton Street (located adjacent to the east side of the railroad corridor 15 along North West Street between Fulton Street and Cecil Street), consisting of 0.82 acres+/-, owned 16 by Donny Legans. 17 (Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B and 18 Z-21-02; Fourth Council District) 19 20 ADOPTED: * 21 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-05 - REZONING - 92 NORTH WEST STREET AND PARCEL ON FULTON ST\ORDINANCE 22 #2021-05 REZONING - 92 NORTH WEST STREET AND FULTON STREET - FIRST READING..wpd 23 Actions History 24 January 25, 2021 - Scheduled for First Reading - City Council 110

Item 11. PROPOSED AMENDMENTS TO THE 2019 COMPREHENSIVE PLAN Review and Recommendation by City of Dover Planning Commission February 16, 2021 MI-21-01 Comprehensive Plan Amendments 2021 Review of a series of Amendments to the 2019 Comprehensive Plan; there are three Requests identified as Request A, B, and C. These Requests for Amendment of the 2019 Comprehensive Plan were submitted by the property owners as associated with the City of Dover’s annual opportunity to request Comprehensive Plan Amendments (see Chapter 15: Implementation Plan). C. Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map – Request for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development to revise the Land Use Classification from Commercial High Intensity to Mixed Use. Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group). Property Address: 1365 N. DuPont Highway Lot 1 and Lot 2. Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000. This amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. Owner: Dover Power Center, LLC Address: 1365 N. Dupont Highway Lot 1 and Lot 2 Tax Parcels: ED-02-057.00-01-14.04-000 ED-02-057.00-01-14.05-000 Size: 83.87 +/- acres Existing Land Use: Vacant 2019 Comprehensive Plan Designation – Land Use Classification: Commercial High Intensity Proposed Comprehensive Plan Designation – Land Use Classification: Mixed Use File Number: MI-21-01C Ordinance Number: #2021-03 111

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item 11. DAC Report of February 3, 2021 Page 2 City of Dover Planning CITY OF DOVER Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: February 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021: MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE#: MI-21-01C REVIEWING AGENCY: City of Dover Planning Office CONTACT PERSON: Dawn Melson-Williams, AICP PHONE#: 736-7196 I. PROJECT BACKGROUND: The 2019 Comprehensive Plan was recommended by Planning Commission and adopted by City Council on January 13, 2020 and certified that date as per letter of March 10, 2020 issued by Governor Carney. As adopted, the 2019 Comprehensive Plan sets forth a process by which the Comprehensive Plan can be amended on an annual basis. Amendments to the Comprehensive Plan can be initiated by staff or requested by members of the public. For amendments to the Comprehensive Plan that involve rezoning of property, the requests are processed concurrently. The process to amend the Comprehensive Plan is detailed in the 2019 Comprehensive Plan, Chapter 15: Implementation, specifically on pages 15-10 thru 15-12 of the Plan. The Request requires submission of the following: a Comprehensive Plan Amendment Application, other appropriate application form and fee based on the request type, property information (drawing), an analysis of the surrounding land uses and zoning classifications, and a statement of how the Request is consistent with the goals of the Comprehensive Plan. PLUS Review This process involves review of the proposed amendments through the PLUS (Preliminary Land Use Services) Review. This Request (Amendment MI-21-01C) is one of several Comprehensive Plan Amendments 2021 submitted by the City’s Planning Office to PLUS review for the January 27, 2021 PLUS review meeting (PLUS #2021-01-04). The PLUS review comments will be forthcoming on these Amendments to the Comprehensive Plan. II. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The proposed amendment is detailed below and represented in the attachments. C. MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - 112

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item 11. DAC Report of February 3, 2021 Page 3 Consideration of Amendment to Map 12-1: Land Development Plan Map Request for Land Use Classification Change from Commercial High Intensity to Mixed Use This proposed amendment is an applicant-initiated amendment, where the property owner is requesting a change to the Land Use Classification for two parcels (Lot 1 and Lot 2) located to the east of the Dover Mall shopping center development. The Request is that Land Use Classification be changed from Commercial High Intensity to Mixed Use to be depicted on Map 12-1: Land Development Plan. This Request was submitted by the property owner Dover Power Center LLC. The Map 12-1: Land Development Plan Map currently depicts this property with the Land Use Classification of Commercial – High Intensity. The property currently has the zoning of SC-3 (Regional Shopping Center Development Zone). Rezoning of the parcel is not being sought at this time. This Amendment is proposed to facilitate rezoning following further project development and land planning for housing and commercial activity. • See Map 12-1: Land Development Plan Map; MI-21-01 Comprehensive Plan Amendment Request Locations Exhibit; MI-21-01C Exhibit of Current Designation & Proposed Designation, and Table 12-1: Land Use and Zoning Matrix. The Request (MI-21-01C) for Amendment seeks to change the Land Use Classification to Mixed Use. • See submissions from Applicant: Comprehensive Plan Amendment Request Dover Mall/Residual Lands Letter of December 14, 2020 (Narrative); Land Use Map Exhibit; and Zoning Map Exhibit. III. PROPERTY BACKGROUND AND APPLICATION HISTORY The subject properties Lots 1 and Lots 2 were the result of the Minor Subdivision Plan SB-14-01 which in 2014 divided them from the main parcel of the Dover Mall in an area east of the Mall loop/ring circulation drive. Within the larger Dover Mall parcel, there are other parcels carved out for the major anchor tenants with some parcels also containing associated parking areas. Lot 1 consists of 53.1704± acres of land on the northeast side of the property including the pan- handle area that runs east of DuPont Manor and consists of a large woodland area. Lot 2 consists of 30.7046± acres on the southeast side of the property. These areas comprising Lots 1 and 2 are currently undeveloped except for some improved driveway segments related to RV parking for special events and a stormwater management area. Previous Applications: Since the Dover Mall’s initial construction in the 1980’s, several building expansions and site improvements have occurred. Most recently in 2012, Planning Commission reviewed the Site Development Plan S-12-16 to construct Dick’s Sporting Goods on the front of the Dover Mall. Other applications at the Dover Mall property include the following: Application SB-98-18 Dover Mall Minor Lot Line Adjustment Plan, S-98-20 Building Addition for Carmike Movie Theaters, S-97-10 Boscov’s Building Addition and Parking Lot Expansion, and S-97-6 Building Addition at former Leggett’s (now Macy’s location). 113

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item 11. DAC Report of February 3, 2021 Page 4 In September 2007 Application S-07-44 Dover Mall Grading Plan involved woodland clearing and site grading on the eastern portion of the Mall property which is now the Lot 1 and Lot 2 area. Under that plan 50 percent of the woodland existing at the time was cleared. This is the maximum amount of woodland clearing permitted under the provisions of the Zoning Ordinance, Article 5 §16. Any proposed clearing in the future will be subject to the requirements of this section as it relates to woodland mitigation. IV. 2019 COMPREHENSIVE PLAN The 2019 Comprehensive Plan depicts the subject areas of Lot 1 and Lot 2 as the Land Use Classification Category of Commercial High Intensity on Map 12-1: Land Development Plan Map. The Request seeks to take the two parcels to the Land Use Classification Category of Mixed Use. The approaches to Land Uses are also discussed in other areas of the Comprehensive Plan; see excerpts below. The approaches to the Commercial Land Uses are specifically discussed in the 2019 Comprehensive Plan beginning on page 12-11. For Commercial High Intensity, it discusses specific areas “focused on traditional shopping and retail centers accommodating the full spectrum of goods and services for regional and local needs” including the US Route 13/ DuPont Highway corridor. See the following Goal and Policy statements on Commercial Land Uses from the 2019 Comprehensive Plan. Goal: Commercial Land Uses – in General Maintain and improve the City’s position as a regional commercial center while providing its citizens convenient access to needed goods and services through well-designed and spaced regional, community, and neighborhood commercial centers/opportunities. Policies: Commercial Land Uses – in General 1. Create flexible and contemporary commercial zoning provisions that reflect emerging trends in uses, facilities, shopping preferences, and consumer demographics to meet future needs. 2. Encourage the preservation and adaptive re-use of existing commercial buildings and properties in a manner consistent with the character of the area. Continue to refine the Zoning Ordinance and other codes to ensure that City ordinances do not discourage adaptive re-use of vacant commercial buildings, both in the historic downtown and in commercial corridors. 3. Limit the frequency of commercial site entrances along arterial roadways by promoting shared use entrances and cross-access easements among adjoining properties. 4. Periodically review the performance of commercial sign codes to determine their effectiveness and the codes’ impact on the quality of commercial corridors while accommodating emerging concepts of commercial identity and brand. 5. Promote pedestrian and bicycle improvements and connecting pathways between existing and proposed neighborhood commercial sites and the residential areas they serve. 114

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item 11. DAC Report of February 3, 2021 Page 5 6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks to accommodate alternative means of access to commercial centers. Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature mixed use development, pedestrian-friendly public environments and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. While this specific location east of the Dover Mall is not discussed for Mixed Use, the 2019 Comprehensive Plan in Chapter 10 Economic Development Plan identifies the Dover Mall location as part of a major commercial corridor in the City. However, it also notes that traditional shopping center and malls are evolving to create “Town Centers” or “Lifestyle Centers” where a mix of shopping, office, and residential uses can be found. The Plan recognizes that retail formats are changing as is workplace and living areas. In the discussion of Mixed Uses areas, the Plan provides a series of recommendations for the nearby Leipsic Road Area that is also a similarly situated vacant large land tract that presents an opportunity for a master planned, mixed use community with planning for its transportation network systems. See page 12-10. V. RECOMMENDATIONS OF THE PLANNING STAFF: The Planning Staff provides the following recommendations regarding the Comprehensive Plan Amendment 2021: MI-21-01C Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway regarding the Land Use Classification change from Commercial High Intensity to Mixed Use. 115

MI-21-01C – Comprehensive Plan Amendments 2021: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway Item 11. DAC Report of February 3, 2021 Page 6 Following our review of the goals and policies for Commercial High Intensity Land Uses and the description of Mixed Use Areas in the 2019 Comprehensive Plan, as well as analysis of the surrounding land uses, the request for a map change in this area from a Land Use Classification of Commercial High Intensity to Mixed Use is generally found to be consistent with the development of the immediate area and the goals of the Comprehensive Plan. Staff supports the change to a Land Use Classification of Mixed Use for Lot 1 and Lot 2 of the Dover Mall at 1365 N. DuPont Highway. The change in Land Use Classification to Mixed Use offers a broader range of zoning districts with a variety of land uses for development. Even the current zoning classification of SC-3 offers the potential for retail, office, personal services, recreational and institutional facilities as permitted uses. The location of Lots 1 and 2 provides an opportunity for master planning and careful design thinking to consider the appropriate zoning districts to accommodate a mix of uses in creating a new community area. Given the status and challenges of older malls and the changing face of retail, work, and living arrangements, this Request to change the Land Use designation to allow other uses (mix of uses) is appropriate as it offers greater flexibility. One concern of note is the access for Lots 1 and 2 as it will require careful assessment. Even at the time of their subdivision from the main Mall parcel, provisions establishing at least easements for access to public streets were included and recommended for further study. Any future development of the properties will likely include transportation system improvements and multi-modal improvements to achieve appropriate site access from adjacent State-maintained roadways and/or creation of a new street and pathway network in the area. 116

Item 11. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 27, 2021 APPLICATION: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway – Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01C 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 1. None. GENERAL 1. Our office has no objection to the 2019 Comprehensive Plan Map Amendment associated with tax parcels ED-02- 057.00-01-14.04-000 and ED-02-057.00-01-14.05-000. 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. 117

Item 11. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 3, 2021 APPLICATION: Comprehensive Plan Amendments 2021 FILE #: MI-21-01 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : MI-21-01A: PROPERTY AT 1205 MCKEE ROAD – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01B PROPERTIES AT 92 N. WEST ST. – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None 118

Item 11. Comprehensive Plan Amendments 2021 File #: MI-21-01 February 3, 2021 Page 2 of 2 ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None MI-21-01C PROPERTIES (LOTS 1 & 2) OF DOVER MALL AT 1365 N. DUPONT HWY – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND DEVELOPMENT PLAN CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER 1. Our office has no objections to the proposed Land Use Classification change. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 119

Item 11. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JAN 27, 2021 APPLICATION: Property at 1205 McKee Road, 92 N. West Street and Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway FILE #: MI-21-01A, MI-21-01B, MI-21-01C 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 SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE , PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY ’ S AUTHORITY AND AREA OF EXPERTISE . T HE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Electric Department has no objections to the amendment of Map 12-1: Land Development Plan Map in relation to applications: a. MI-21-01A – Property at 1205 McKee Road b. MI-21-01B – 92 N. West Street c. MI-21-01C – Lots 1 & 2 of Dover Mall at 1365 N. DuPont Highway RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES 1. None ADVISORY COMMENTS TO THE APPLICANT 1. None I F 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 . 120

C F 11. MI-21-1C Item 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: 01/27/21 D S O H V A E L R APPLICATION: Property of Dover Mall at 1365 N DuPont Hwy FILE #: MI-21-01C REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This is to revise the land use classification. This office has no objections. 2. Please contact the Chief Building Inspector and Fire Marshal in reference to what is required when you are ready to proceed with building construction ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Please refer to S-18-07 in reference to 1365 N DuPont Hwy 2. Additional information will be needed in reference to the mixed use in order to provide detailed comments. 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. 121

Item 11. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Comprehensive Plan Amendments 2021 FILE#: MI-21-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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: For the following properties o MI-21-01A: Property at 1205 McKee Road - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01B: Properties at 92 N. West Street - Consideration of Amendment to Map 12-1: Land Development Plan Map o MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway - Consideration of Amendment to Map 12-1: Land Development Plan Map 1. No objection to the Comprehensive Plan Amendments 2021 2. At such time of development, schedule a pre-submittal meeting through DelDOT Subdivisions. 122

KENT CONSERVATION DISTRICT Item 11. 1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 27, 2021 APPLICATION: Comprehensive Plan Amendments 2021 Consideration of Amendment to Map 12-1: Land Development Plan Map FILE #: MI-21-01 MI-21-01A: Property at 1205 McKee Road MI-21-01B: Property at 92 N. West Street MI-21-01C: Properties (Lots 1 & 2) of Dover Mall at 1365 N. DuPont Highway REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Kate 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: Kent Conservation District has no objection to the proposed Amendments to Map 12-1: Land Development Plan to revise the Land Use Classification of properties referenced above. ADVISORY COMMENTS TO THE APPLICANT: None. 123

City of Dover Comprehensive Plan Amendment 2021 MI-21-01 Amendment C Item 11. Department of Planning & Inspections Current Designation Proposed Designation St St at at e e Hw Hw y y 1 1 Site Site Commercial High Intensity Mixed Use N N Du Du p po on nt tH H w w y y « Plan Title: Lands of Dover Mall, LLC Dover Boundary DoverAFB Public and Private Utilities Location: 1365 North Dupont Highway Plan Type: Comprehensive Plan Amendment C Land Use Industrial Residential High Density Tax Parcel: ED-05-057.00-01-14.04 & ED-05-057.00-01-14.05 Active Agriculture Institutional Residential Low Density Current Land Use: Commercial High Intensity Proposed Land Use: Mixed Use Commercial Entertainment Mixed Use Residential Medium Density Owner: Dover Mall LLC, c/o Simon Property Group Commercial High Intensity Office Train Track Date: 12/31/2020 0 360 720 1,440 Feet 124 Commercial Low Intensity Open Space Water

Item 11. December 14, 2020 Mrs. Dawn E. Melson-Williams, AICP City of Dover Department of Planning and Inspections 15 Loockerman Plaza PLANNING OUR Dover, DE 19901 CLIENTS’ SUCCESS RE: Comprehensive Plan Amendment Request DOVER MALL / RESIDUAL LANDS Dover, Delaware 2003182.13 Dear Dawn: On behalf of our client, Western Development Corporation, we are hereby submitting a Comprehensive Plan Amendment Request for the two (2) residual parcels behind the Dover Mall. Specifically, we are requesting an amendment to Map 12-1 of the 2019 Comprehensive Plan which designates these two parcels of land to the land use category of Commercial High Intensity. We would request that these two (2) parcels be amended to the Mixed-Use Land- use Category. Typically, when plan amendments are requested, the associated parcels are also rezoned in order to fit that land-use change, however. As Comprehensive Plan Amendments only take place once a year, and rezoning do not, with this application we are requesting that the City support our request to defer action on the rezoning of the parcels to allow for further project development and land planning. Two goals of the current comprehensive plan are Economic Development and housing opportunities for all residents within the City of Dover. With this request, amending the comp plan to designate this area as mixed use can serve both of those goals by allowing the potential for both. With this application we have included a Land Use Map which depicts the BECKER MORGAN GROUP, INC. surrounding land uses in the area of the Dover Mall. The current map depicts the Mall and the surrounding parcels in the land use category of Commercial High Intensity, with many of ARCHITECTURE & ENGINEERING the surrounding parcels adjoining the highway sharing the same land use category. We would submit that a more appropriate land use category for these two parcels in the rear of 309 SOUTH GOVERNORS AVENUE the mall would be mixed use, as it would allow the flexibility in the future land planning and DOVER, DE 19904 development of these two parcels into something more diverse than strictly high intensity 302.734.7950 commercial. A mixed-use designation allows for more flexibility in both the housing and FAX 302.734.7965 commercial markets in order to promote economic development in the city, two goals of the PORT EXCHANGE 2019 Comprehensive Plan. SUITE 300 312 WEST MAIN STREET SALISBURY, MD 21801 Additionally, this land use designation would be in keeping with the future land planning in 410.546.9100 the area as the adjoining parcels, targeted for annexation by the City, have been designated FAX 410.546.5824 with the same land use category the applicant is requesting. Referring to Map 13-2 which ARCHITECTURE & PLANNING designates the adjoining parcels of land or the north of the Mall property, currently in the County, to be categorized as Mixed Use in the rear and Commercial High Intensity along the SUITE 211 Highway once annexed into the City. This area is a category 1 High Priority area designated 3205 RANDALL PARKWAY WILMINGTON, NC 28403 for annexation into the city. It is clear that although the current plan does not prioritize mixed 910.341.7600 use development in this area, the intent and future planning in this area realizes the benefits FAX 910.342.7506 and the flexibility of a mixed-use designation for the area. www.beckermorgan.com 125

Item 11. Comprehensive Plan Amendment Dover Mall / Residual Parcels Page 2 As the Comprehensive Plan Amendment only happens once a year, although the owner has an idea for future development on these parcels, we are requesting action on rezoning the parcels be deferred. Delaying the rezoning will allow for further land planning and zoning of the parcels. With this amendment request we have petitioned staff to defer the rezoning of the two parcels subject to this application till a later time. We would request this be placed on the next available agenda for PLUS and Council consideration. Please feel free to contact us if you should have any further questions, comments or need any additional information. Sincerely, BECKER MORGAN GROUP, INC. Jonathan N. H. Street Associate JNS Attachments Cc: Herb Miller – Western Development 200318213bo-COD-ltr.doc 126

24x36 24x36 Item 11. 24x36 24x36 24x36 24x36 24x36 24x36 24x36 ARCH I T E C TURE 24x36 ENG I NE E R I NG 24x36 Dover, DE 24x36 309 S. Governors Ave. Dover, DE 19904 Ph. 302.734.7950 24x36 Fax 302.734.7965 24x36 Salisbury, MD 24x36 312 West Main St. Suite 300 24x36 Salisbury, MD 21801 Ph. 410.546.9100 Fax 410.546.5824 Wilmington, NC 24x36 24x36 3333 Jaeckle Drive, Suite 120 SUBJECT Wilmington, North Carolina 28403 Ph. 910.341.7600 PROPERTY 24x36 24x36 Fax 910.341.7506 www.beckermorgan.com 24x36 SUBJECT 24x36 PROPERTY 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 24x36 CATEGORY 1 COMMERCIAL ESTABLISHMENT HIGH PRIORITY 24x36 24x36 ANNEXATION AREA 24x36 24x36 PROJECT TITLE 24x36 RESIDUAL 24x36 INSTITUTIONAL LANDS OF THE COMMERCIAL HIGH INTENSITY DOVER MALL 24x36 24x36 DUPONT BLVD 24x36 24x36 DOVER 24x36 KENT COUNTY, DELAWARE 24x36 24x36 24x36 INSTITUTIONAL 24x36 COMMERCIAL HIGH INTENSITY COMMERCIAL HIGH INTENSITY 24x36 SHEET TITLE LAND USE 24x36 24x36 24x36 CATEGORIES 24x36 DUPONT BOULDVARD . 24x36 . 24x36 24x36 INSTITUTIONAL 24x36 24x36 24x36 0 125 250 500 24x36 24x36 COMMERCIAL HIGH INTENSITY Do Not Explode - Select Scale SCALE: 1" = 250' COMMERCIAL INSTITUTIONAL HIGH INTENSITY 24x36 24x36 ISSUE BLOCK SITE DATA 24x36 24x36 1. OWNER OF RECORD: DOVER MALL LLC C/O SIMON PROPERTY GROUP P.O. BOX 6120 24x36 INDIANAPOLIS, IN 46206 24x36 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 309 SOUTH GOVERNORS AVE. DOVER, DE 19904 302-734-7950 INSTITUTIONAL 24x36 24x36 3. PROPERTY MAP NUMBERS: ED-05-057.00-01-14.00 (DOVER MALL, LLC - RESIDUE LANDS) 4. DEED SUMMARY: DEED BOOK: 195 PAGE: 76 RESIDENTIAL . 5. PLAT REFERENCE: PLAT BOOK 45 PAGE 47 (INFORMATIONAL PLAT OF COMPLEX) . . . 24x36 PLAT BOOK 44 PAGE 60 (SUBDIVISION OF BOSCOV'S / JC PENNEY) 24x36 HIGH DENSITY MARK DATE DESCRIPTION 6. TOTAL SITE AREA: 83.87 ACRES± LAYER STATE: COMP-AMEND PROJECT NO.: 2003182.13 DATE: 12/15/2020 24x36 24x36 8. PRESENT USE: RESIDUE LANDS OF THE DOVER MALL SCALE: 1" = 250' 24x36 9. PROPOSED USE: VACANT LAND DRAWN BY: J.N.S. PROJ. MGR.: J.N.S. 24x36 10. ZONING CLASSIFICATION: SC3 (SHOPPING CENTER DEVELOPEMENT) SHEET 18. SOURCE OF WATER: CITY OF DOVER 24x36 19. 20. SOURCE OF SEWER: SOURCE OF ELECTRIC: CITY OF DOVER CITY OF DOVER COMP-AMEND COPYRIGHT 2020 24x36 127 .PDF 24x36 F:\AutoCAD\Projects\2003\2003182-13\DWG\2003182- 13-comp-plan-amend.dwg, Dec 15, 2020 - 12:09pm 24x36 2020-12-15

Item 11. FIRST READING CITY OF DOVER ORDINANCE #2021-03 1 AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING MAP 2 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE CLASSIFICATION OF 3 THE SPECIFIC PROPERTIES LOCATED AT 1365 N. DUPONT HIGHWAY AS LOT 1 AND 4 LOT 2. 5 6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within 7 the City of Dover, Delaware; and 8 9 WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the 10 recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan 11 pursuant to Title 22, Section 702 of the Delaware Code; and 12 13 WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019 14 Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and 15 16 WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and 17 18 WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map 12- 19 1) in accordance with the process set forth in the 2019 Comprehensive Plan; and 20 21 WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map 22 (Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and 23 24 WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the 25 Planning Commission made a recommendation in regard to this amendment to the Land Development 26 Plan related to the specific properties. 27 28 WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change the 29 Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as described 30 below. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 33 OF DOVER, IN COUNCIL MET AND AMEND THE 2019 COMPREHENSIVE PLAN BY: 34 35 That from and after the passage and approval of this ordinance, that Map 12-1: Land Development Plan 36 Map of the City of Dover has been amended by changing the designated Land Use Classification from 37 Commercial High Intensity to Mixed Use for two parcels (Lot 1 and Lot 2) located to the east of the 38 Dover Mall shopping center development at 1365 N. DuPont Highway. 39 (Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property 40 Address: 1365 North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and 41 ED-02-057.00-01-14.05-000; Planning Reference: MI-21-01) 42 43 BE IT FURTHER ORDAINED: 44 45 That upon final action to adopt this ordinance, the amendment as approved changing the Land Use 46 Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019 47 Comprehensive Plan. 128

Item 11. Proposed Ordinance #2021-02: Consideration of Amendment to Map 12-1: Land Development Plan, 2019 Comprehensive Plan (MI-21-01C: Lot 1 and Lot 2 of Dover Mall at 1365 N. DuPont Highway) Page 2 48 49 ADOPTED: * 50 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-03 - AMENDMENT TO MAP 12-1 LAND DEVELOPMENT 51 PLAN MAP - 1365 NORTH DUPONT HIGHWAY LOT 1 AND 2\ORDINANCE #2021-03 - COMP PLAN 52 AMENDMENT - 1365 NORTH DUPONT HIGHWAY LOT 1 AND 2 - FIRST READING.docx 53 54 SYNOPSIS 55 The proposed ordinance would adopt an amendment to the 2019 Comprehensive Plan for the Land Use 56 Classification of two properties. The properties are Lot 1 and Lot 2 of 1365 North DuPont Highway, 57 Dover DE. The amendments (MI-21-01C) are to be reflected as a revision to Map 12-1: Land 58 Development Plan Map of the 2019 Comprehensive Plan. 59 60 61 62 Actions History: 63 January 25, 2021 – Scheduled for First Reading – City Council 64 129

Item 11. 130