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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA MAY 29, 2013 - 5:00 P.M . CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER , DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Planned Neighborhood Design: Senior Citizen Housing Option - Luther Village III A. Request for Waiver of Appendix A - Subdivisions, Article VI - Subdivision General Requirements and Design Standards, Section E - Lots (5) - Requirement for Lot Frontage on a Public Street (The Planning Commission Recommended Approval of the Subdivision Waiver of the Requirement of Lot Frontage on a Public Street for Minor Subdivision Plan Associated with C-13-03) B. Request for Waiver of Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 17 - Emergency Access Requirements (The Planning Commission Recommended Approval of the Waiver to Eliminate the Emergency Rear Access Requirement for the Apartment Buildings) 2. Updates A. Dover High School Pedestrian Study B. Report from Bicycle and Pedestrian Subcommittee 3. Adjournment /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\05-29-2013 SA&T.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

City of Dover PETITION TO WAIVE SUBDIVISION STANDARDS PETITION TO WAIVE EMERGENCY ACCESS REQUIREMENTS Before the City Council Safety Advisory & Transportation Committee May 29, 2013 Plan Title: Luther Village Planned Neighborhood Design – Senior Citizen Housing Option Luther Village III C-13-03 Plan Type: Conditional Use for Planned Neighborhood Design Plan Site Plan for Phase 3 Minor Subdivision Plan for Phase 3 Associated Plans: C-02-02 Conditional Use Master Plan for PND-SCHO S-03-07 Luther Village PND-SCHO: Phase 1 S-07-10 Luther Village PND-SCHO: Phase 2 Property Location: East of John Hunn Brown Road and on the west side of Babb Drive Tax Parcel: ED-05-077.06-02-90.00-000 Owner: Martin Luther Foundation of Dover Equitable Owner: Luther Village III of Dover Inc. (Phase 3 Building Area) Site Area: Luther Village Total Area – 33.63 +/- acres Parcel to be Created: Phase 3 – 2.85 acres Zoning Classification: RG-2 General Residence Zone Planned Neighborhood Design: Senior Housing Option Waivers Requested: Appendix A: Land Subdivision Regulations, Article VI §E5 Requirement for Lot Frontage on a Public Street Appendix B: Zoning, Article 5 Section 17.5(a) Requirement for Rear Emergency Access PLAN SUMMARY: This Conditional Use Site Plan proposes the development of Luther Village Planned Neighborhood Design – Senior Citizen Housing Option consisting of 524 age restricted apartment units in a total of nine phases. It was previously established by application C-02-02 and Luther Village Phases 1 and 2 (total of 100 apartment units) have been constructed (Applications S-03-07 and S-07-10). The project also includes the Site Plan for Luther Village Phase 3 which consists of the construction of a four story apartment building with 48 units (age- P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

C-13-03 Luther Village III Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Subdivision Ordinance Petition to Waiver Requirements of Rear Emergency Access Planning Commission Recommendation Report from May 20, 2013 Meeting Page 2 of 5 restricted), the construction of a one story 3,566 SF resident activity room, and associated site improvements. The plan also includes a Minor Subdivision to create a parcel of land for Phase 3 from the existing 29.8 acre +/- parcel owned by the Martin Luther Foundation of Dover (Phases 1 and 2 already exist on individual parcels). At their May 20, 2013 meeting the Planning Commission conducted a public hearing and took action to grant conditional approval for the overall Luther Village PND: SCHO and the Site Plan for Phase 3. As part of the review process, the Planning Commission also took action to grant approval to a series of Alternative Design Standards for this Planned Neighborhood Design: Senior Citizen Housing Option project including the Building Setback from Property Line, Building Spacing, Building Height, Number of Stories, Average Number of Dwelling Units Per Building, and an Off-Street Parking Reduction. The Planning Commission granted approval of waiver requests to reduce the bicycle parking requirement and to allow the partial elimination of curbing within certain parking lot areas. The Planning Commission also made recommendations for approval of the waiver requests for the Subdivision Waiver of the Requirement for Lot Frontage on a Public Street and for Elimination of the Rear Emergency Access Requirement. See the discussion below for information on the two pending waiver requests. Waiver Request: Subdivision Waiver of Requirement for Lot Frontage on a Public Street A Minor Subdivision Plan is associated with this project that proposes to subdivide a 2.85 acre parcel from the 29.8 acres of the overall Luther Village remaining parcel. This subdivision includes the Phase 3 apartment building and the immediately surrounding area. The proposed parcel for Luther Village Phase 3 in within the larger tract of land and therefore will not have frontage on a public street. The requirement that a parcel have frontage on a public street is found in the Land Subdivision Regulations. The Land Subdivision Regulations, Article VI. Subdivision - General Requirement Design Standards, E. Lots states the following: E. Lots 5. All lots in a subdivision shall have frontage on a public street. Also per Zoning Ordinance, Article 8 Section 1.1, a Building Permit cannot be issued for the construction or alteration of any building upon a lot without frontage upon, or legal permanent access to a public street. Land Subdivision Regulations, Article VII includes provisions for waivers to be considered by the Planning Commission who provides a recommendation to City Council for action. A written waiver request was submitted for consideration; see attached letter of request. Cross access and other easements will be established to provide permanent access to the Phase 3 parcel from Babb Drive. The provisions for a waiver are found in the Land Subdivision Regulations in Article VIIA. A. Variance and Waiver. 1. Upon the findings of the commission that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are

C-13-03 Luther Village III Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Subdivision Ordinance Petition to Waiver Requirements of Rear Emergency Access Planning Commission Recommendation Report from May 20, 2013 Meeting Page 3 of 5 inappropriate, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the commission may recommend to city council, and city council may vary or waive said requirements; provided that such variance or waiver shall not be detrimental to the public health, safety, or general welfare, or have the effect of nullifying the intent and purpose of the official map, the zoning ordinance, the development plan or these regulations. In varying or waiving certain requirements, the council may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived. The requested Subdivision Waiver is further summarized in the following chart: Land Subdivision Requirement Proposed Waiver Regulations Lot Frontage on Each lot required to The overall Luther Allow the subdivision of the Public Street have frontage on a Village development parcel to create a parcel for public street. parcel has frontage on Phase 3 without public street Babb Drive. Phase 1 frontage but with access to the and Phase 2 exist on public street as established by individual parcels an easement across the without frontage on adjacent property (Lands of Babb Drive. Martin Luther Foundation of Dover). Parcel for Phase 3 does not have frontage on a public street, but proposed to have access to Babb Drive via a cross-access easement. With regards to the requested Subdivision Waiver regarding the street frontage, the Planning Commission forwards a formal recommendation to the associated City Council Committee and City Council. The City Council has the final approval in regard to this Subdivision Waiver. Similar waiver requests were granted for the Luther Village PND: SCHO Phase 1 and Phase 2 to allow each building to exist on a smaller parcel area in order to meet grant funding requirements and/or ownership requirements. Recommendation of Planning Staff: As part of the Development Advisory Committee (DAC) Report dated May 8, 2013, the Planning Staff made the following recommendation on the waiver request for application C-13-01: Street Frontage for Parcel: Staff recommends approval of the waiver to allow for creation of a parcel without street frontage noting that the main parcel of the complex including the entrance maintains frontage along a public street. The creation of this parcel focused on Phase 3 is necessary to comply with funding and/or ownership requirements for the project. Similar waivers were approved for Phase 1 and Phase 2.

C-13-03 Luther Village III Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Subdivision Ordinance Petition to Waiver Requirements of Rear Emergency Access Planning Commission Recommendation Report from May 20, 2013 Meeting Page 4 of 5 Findings and Recommendations of the Dover Planning Commission: The Planning Commission at its meeting on May 20, 2013 reviewed the proposed waiver request as part of its review of the Application C-13-03 Luther Village PND-SCHO. The Planning Commission recommends approval of the Subdivision Waiver of the Requirement of lot frontage on a public street for Minor Subdivision Plan associated with C-13-03. The motion passed unanimously 9-0 of the members present. Waiver Request: Elimination of Emergency Rear Access Requirement for Apartment Building The Zoning Ordinance requires a 24 foot primary fire lane to provide emergency access to the rear of the four story apartment buildings (Article 5 §17.5(a)). The applicant is requesting a waiver for the elimination of this requirement. The building has fire protection requirements under the Fire Codes including the following: required the building to be sprinklered, a requirement for a primary fire lane for the primary entrance and exit side of the building, and fire lane coverage required for 35 % of the building. Zoning Ordinance includes provisions for waivers to be considered by the Planning Commission who provides a recommendation to City Council for action. A written waiver request was submitted for consideration; see attached letter of request. Planning Commission will make a recommendation to the Safety Advisory and Transportation Committee and City Council who has the final authority to grant the request for the elimination of the emergency rear access for the apartments. The provisions for a waiver are found in Zoning Ordinance, Article 5 - Supplementary Regulations, Section 17. Emergency Access Requirements: Section 17. - Emergency access requirements. (1) General purpose. The purpose of this section is to establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens. (2) Waiver. Should the planning commission determine, after demonstration by an applicant, that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance, then the planning commission may recommend to [the] city council to waive certain provisions of this ordinance that are not required under other city or state laws. The requested Waiver is further summarized in the following chart:

C-13-03 Luther Village III Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Subdivision Ordinance Petition to Waiver Requirements of Rear Emergency Access Planning Commission Recommendation Report from May 20, 2013 Meeting Page 5 of 5 Zoning Ordinance Requirement Proposed Waiver Rear Emergency Four story Building to be Allow the elimination of a 24 Access apartment buildings constructed with foot primary fire lane to the Requirements required to provide a sprinkler system and rear of the building citing the 24 foot primary fire other fire protection other fire protection lane to the access requirements of requirements to be the rear of the applicable Fire Codes. implemented with construction building. of the building and site. Building Site to include a primary fire lane for the primary entrance/exit of the building and fire lane coverage for at least 35% of the building perimeter. With regards to the requested Waiver regarding the rear emergency access, the Planning Commission forwards a formal recommendation to the Safety Advisory and Transportation Committee and City Council. The City Council has the final approval in regard to this Waiver. Similar waiver requests have been granted for other proposed apartment complexes such as Leander Lakes Apartments. Recommendation of Planning Staff: As part of the Development Advisory Committee (DAC) Report dated May 8, 2013, the Planning Staff made the following recommendation on the waiver request for application C-13-01: Elimination of Emergency Rear Access for Apartments: Staff recommends approval of this waiver request to eliminate the emergency rear access for apartment units finding that the building will be sprinklered and will include other required fire lane coverage. The City of Dover’s Office of the Fire Marshal also participates in the Development Advisory Committee review process. A copy of his review comments is attached to this report. Findings and Recommendations of the Dover Planning Commission The Planning Commission at its meeting on May 20, 2013 reviewed the proposed waiver requests as part of its review of the Application C-13-03 Luther Village PND-SCHO. The Planning Commission recommends approval of the waiver to eliminate the Emergency Rear Access Requirement for the Apartment Buildings. The motion passed unanimously 9-0 of the members present. Attachments: Plan Drawings: Phasing Plan, Paving & Utility Plan – Phase 3, and Subdivision Plan Waiver Request Letter of May 8, 2013 DAC Comments from City of Dover Fire Marshal

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: May 1, 2013 D S O H V A E L R APPLICATION: Luther Village III Babb Drive FILE #: C-13-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 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: Proposed building is 4 stories. Primary fire lanes are required to be 24 feet wide and cover the side of the building that has the primary entrance and exit. Secondary fire lanes can be reduced to 16 feet wide. Both can be no closer than 10 feet to the building and no farther than 50 feet from the building. Fire lanes shall cover 35% of the proposed building. Drawing is to show fire lane markings per Delaware State Fire Regulations. Any gas fired HVAC equipment must be equipped with emergency cut off switches remotely located. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. Full building and fire plan review is required. Building cannot be occupied or construction or renovations started until completion of building an fire plan review. Consultation required with Fire Marshal and Chief Building Inspector to go over connecting buildings and fire protection.

Fire Marshal Comments C-13-03 Luther Village III May 1, 2013 Page 2 All required means of egress shall have an exit discharge consisting of a non slip surface, and leading to and terminating at a public way. Sprinkler system required. System to be monitored. Fire Department connection to be located within 50 feet of main entrance. Relocate hydrant on the island in front of the building. Fire Department connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. Fire alarm system required. Knox Box required. Standpipes required. Elevator cars to meet the interior dimensions set forth in the Delaware State Fire Prevention Code. Buildings over 25,000 Sq. Ft. are required to have radio performance testing by Delaware State Communications. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Residential Occupancy. The City of Dover uses the 2012 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2012 Delaware State Fire Prevention Regulations.

Fire Marshal Comments C-13-03 Luther Village III May 1, 2013 Page 3 The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.