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CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, September 20, 2021 at 7:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. MEETING NOTICE The Planning Commission Meeting for September 20, 2021 will be held as an IN-PERSON meeting in City Hall Council Chambers. The public is welcome to attend. The meeting will also be a Virtual Meeting made available using WebEx audio/video conferenceing system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of September 20, 2021 Dial: 1-408-418-9388 Event number/Access code: 179 570 9880 Event password: DoverPC Event Address: https://bit.ly/PCMeeting09202021 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 the Minutes of the Meeting of August 16, 2021 1

PLANNING COMMISSION - September 20, 2021 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is October 18, 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 - FOIA for Local Officials OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval 3. S-19-14 Northgate Center Lot 1: Office and Retail Building at 101 Stover Boulevard – Request for One-Year Extension of Plan Approval and Waiver granted by the Planning Commission in November 2019 for Site Development Plan Application to construct a two- story 27,665 SF office and retail building together with associated site improvements. The project is Lot 1 located in the Northgate Center (previously known as the Stover Professional Campus). The subject property is 2.0 acres +/- and located at the northeast corner of Stover Boulevard and Bay Road. The property is zoned C-4 (Highway Commercial Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is 605 South Bay Road, LLC. Property Address:101 Stover Boulevard. Tax Parcel: ED-05-077.00- 03-01.00-000. NEW APPLICATIONS 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane – Public Hearing and Review of an Annexation Request and Rezoning Request for a parcel of land totaling 3.1707 acres +/- located at 633 Persimmon Tree Lane, Dover. The property is currently zoned AR (Agricultural Residential District) in Kent County. The proposed zoning is RC (Recreational and Commercial). The property is located on the north side of Persimmon Tree Lane and approximately 200 feet east of Kurt Drive. The annexation category according to Dover’s 2019 Comprehensive Plan is Category 2: Priority Annexation Areas and the land use designation is Residential Low Density. A Minor Variation to the Comprehensive Plan has been approved to change the land use to Commercial – Entertainment to allow for the RC (Recreational and Commercial) Zone at this location. The Owner of Record is Dover Indoor Tennis, Inc. Property Address: 633 Persimmon Tree Lane. Tax Parcel: LC-00-058.00-01- 32.00-000. Proposed Council District 3. Ordinance #2021-16. The first reading of this Annexation Request was August 9, 2021. Public Hearing before the Planning Commission is scheduled for September 20, 2021 and City Council on October 11, 2021. 5. C-21-05 Destined for Greatness Learning Center- Public Hearing and Review of a Conditional Use Site Plan to permit the conversion of 1,911 SF within an existing 3,610 SF one-story building into a Child Daycare Center to serve 30 children. The property consists of one (1) 2

PLANNING COMMISSION - September 20, 2021 PAGE 3 parcel of land totaling 0.486 acres ± (21,170 S.F.). The property for the proposed development is zoned C-3 (Service Commercial Zone). The property is located on the north side of Fulton Street immediately west of the railroad corridor. The owner of record is Harrington Commercial, LLC. Property Address: 601 Fulton Street. Tax Parcel Number: ED-05-076.08- 01-14.00-000. Council District 4. Previous Application to rezone the property (Z-11-05) from M (Manufacturing Zone) to C-3 (Service Commercial Zone) was recommended for approval by the Planning Commission at their August 2011 meeting and approved by the City council at their September 12, 2011 meeting. NEW BUSINESS 6. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Update on Design Professionals ADJOURN Posted Agenda: September 10, 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 3

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 The Meeting of the City of Dover Planning Commission was held on Monday, August 16, 2021 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Adams, Mr. Roach (virtual), Mrs. Lord (virtual), Mr. Hartman, Mr. Baldwin, Dr. Jones, Mrs. Welsh (virtual), Dr. Jones and Mrs. Maucher. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Ms. Samantha Bulkilvish, Mrs. Tracey Harvey, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney (virtual). Also present were Mr. Mike Harrington Sr., Ms. Yulissa Snow, Mr. Jonathan Street, and Mr. James Taylor. Speaking from the public was Mr. Joseph Chilcote, Ms. Karen Speakman and Mr. Howard Kimmel. APPROVAL OF AGENDA Conditional Use Application C-21-05 Destined for Greatness Child Day Care at 601 Fulton Street will not be heard by the Planning Commission on August 16, 2021 due to incomplete public notice. This Application and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. Dr. Jones moved to approve the Agenda tonight, seconded by Mr. Adams and the motion was unanimously carried 9-0. APPROVAL OF MEETING MINUTES OF JULY 19, 2021 Mr. Adams moved to approve the Planning Commission Meeting Minutes of July 19, 2021, seconded by Mrs. Welsh and the motion was unanimously carried 9-0. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, September 20, 2021 at 7PM in the City Council Chambers. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on July 26 & 27, 2021 and August 9 & 10, 2021. Mrs. Melson-Williams stated that the Planning Office was in receipt of a piece of correspondence to the Planning Commission. It was distributed to Planning Commission members this afternoon and also placed on their desks this evening. It is an email from B.J. DeCoursey who is with the Institute for Public Administration at the University of Delaware. They are currently working with the Town of Wyoming on its Draft of its 2021 Comprehensive Plan Update. Mr. DeCoursey is inviting any interested parties to an upcoming Plan Workshop that the Town of Wyoming is holding on Wednesday, August 26, 2021 from 5:30-6:30PM in their Town Hall. She believes that it is a workshop session just prior to their Planning Commission Meeting. Planning Staff was also contacted about looking at the Draft Comprehensive Plan for the Town of Wyoming and will be coordinating that inter-governmental 1 4

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 coordination that’s required by the State for Comprehensive Plans. We did visit them when we were working on our Plan. Mr. DeCoursey has provided Planning Staff with an excerpt of their Draft Plan and they look forward to communicating with them. If Planning Commissioners have any particular questions that you want us to share or ask, Staff will certainly take that information and have that discussion with our neighboring jurisdiction. The key things that both the Town of Wyoming and Dover are interested in that they have to coordinate are areas of potential annexation. As you recall in our Comprehensive Plan, they have a series of “areas of concern” along our southwest border of the City of Dover and that is what they will continue to discuss with them as they develop their Plan. Mr. DeCoursey is listening virtually, and she is sure that he appreciates us bringing this to the Commission this evening. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- person/Virtual Meeting using the WebEx system. OLD BUSINESS - None NEW APPLICATIONS C-21-06 Prickly Pear Makeup Studio at 872C Walker Road, Suite 2 – Public Hearing and Review of a Conditional Use Review to permit a makeup studio (Personal Service Establishment) in a 300 SF tenant space within a lower level of an existing 3,623 S.F. office building within Walker Square. The property consists of 25,623 SF +/- (0.06 acres) and is located on the south side of Walker Road. The property is zoned C-PO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The owner of record is John C. Still III and the applicant is Prickly Pear Studio, LLC. Location Address: 872C Walker Road, Suite 2. Tax Parcel: ED-05-067.19-02-02.08-000 (and listed as ED-05-067.19-02- 02.07-00301). Council District 4. Waiver Request: Elimination of bicycle parking. Representatives: Mr. Mike Harrington Sr., Harrington Realty; Ms. Yulissa Snow, Lessee Mrs. Harvey stated that the Conditional Use Review is to permit a makeup studio personal service establishment in a 300 SF tenant space within a lower level of a 3,623 SF office building within Walker Square. The property is zoned C-PO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side of Walker Road and east of Saulsbury Road. The Prickly Pear Makeup Studio will provide services by appointment only. Services include facials, full body waxing and permanent makeup services. No new buildings, building additions or parking facilities are proposed with this Plan. Aspects of the COZ-1 (Corridor Overlay Zone) that relate to building architecture, building placement, parking lot design, and landscaping are not required as the site is considered an existing condition. Based on the required parking spaces, one bicycle space is required. A written waiver request for the elimination of bicycle parking has been submitted for consideration by Planning Commission. There are two access points to the overall Walker Business Complex: one from Walker Road and one from Saulsbury Road to the west. Staff recommends approval of Conditional Use of this personal service establishment as a type of beauty salon. It can be deemed an accessory to the overall Walker Square Office Complex. Staff recommends denial of the Request for the elimination of bicycle parking as the building is near existing residential 2 5

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 areas as well as dedicated bike and pedestrian facilities. The location would benefit from accommodations made from bicycle parking. Ms. Snow stated that with the bicycle waiver, because it is a business in the service and food industry, it is important to keep clients healthy. By accepting (the request) to waive the bicycle requirement, they are keeping them healthy by reducing sweating before and after our services such as facials, waxing and permanent makeup. Sweat can cause infection after these services as well as affecting the results of the services. Mr. Harrington stated that the same owner still owns the property and Harrington Realty is the property manager. Ms. Snow is renting a very small 300 SF office and here we are with a Conditional Use. He understands the regulations for that but it’s just a very small office and there is a requirement about planting three trees. Mrs. Melson-Williams stated that Mr. Harrington has handed out a sheet of paper that has two photographs on it. It shows three trees that look like they are in the process of potentially planting them and she will let him further explain. (Submission was shown on screen to virtual participants.) Mr. Harrington stated that in order to meet the deadline, they hired All Seasons Garden Center to plant the three trees and they dug a hole and cut out the internet for the whole complex. They have called Miss Utilities. The trees are sitting there ready to be planted once Miss Utilities marks everything. They are prepared to plant them and hopefully, the Commission can waive the requirements for the entire complex to install a bicycle rack. Mr. Hartman stated that in the DAC Report, Section VII cited (Zoning Ordinance, Article 5) Section 16.62 states that the development area shall obtain a tree density of one per 3,000 SF requires a tree planting and landscaping plan. His question to the Planning Office is do you consider this 300 SF office a development? Responding to Mr. Hartman, Mrs. Harvey stated that you don’t use the 300 SF space, you use the entire area in order to get the calculation which is why they have to plant an additional three trees. Mr. Hartman stated that in this Ordinance, Section 16.2 states that the “development area” is defined as the area contained site features, buildings, parking and drive areas, pedestrian walks, water areas, buffer areas but do not include underground utilities. It goes by the Plan according to the building and driving areas proposed for this applicant. Responding to Mr. Hartman, Mrs. Harvey stated that she would refer to Mrs. Melson-Williams for that, but she believes that it is the existing lot area. Mrs. Melson-Williams stated that when they did the calculation, they did utilize the area of the lot where the existing improvements are for calculating the tree planting requirements. They (trees) are required for Conditional Use Applications in the beginning of that section. They could certainly reduce perhaps what is truly the development area. This building has kind of three sections to it and they are all on the same parcel of land. It was likely developed before we had the tree planting requirements anyway. She thinks that it is encouraging that they have taken that step to include those three trees at this point to meet that requirement. It’s what they have done in the past with these Conditional Uses. It does get confusing with a “development area” definition 3 6

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 but they do strive to have trees planted in Dover. Responding to Mrs. Melson-Williams, Mr. Harrington stated that there are six major trees on that property now. Mr. Hartman stated that he would just like clarification for precedence. Do you consider this a new site feature? Responding to Mr. Hartman, Mrs. Melson-Williams stated that she thinks that it could be considered a new site feature because the type of use is not a first permitted use. It is a Conditional Use which means it requires a specialized approval in order to be established on the property. It is a type of new feature on the property. It is not your typical feature because it is within the existing building, but it is probably certainly something that perhaps some future Code amendment may clarify further. But the interpretation of Staff currently is that there is a tree planting requirement for this project. Mr. Hartman stated that he is not sure how to proceed with future questions, but we should get an answer before this question comes up again. Mr. Adams asked that when the recommendation was made for the denial of the waiver request as it related to the bicycle parking, did you notify Staff about your concerns relative to the sweat that you shared with us this evening? Responding to Mr. Adams, Ms. Snow stated no, at the time she just stated that she would just have one client at a time. After speaking with Mrs. Harvey, she asked her to bring it up at this meeting. Mrs. Maucher opened a public hearing. Mr. Joseph Chilcote – 315 S State Street Dover, DE 19901 Mr. Chilcote stated that he is the owner of Tom’s Barber Shop and a professional board member for the Board of Cosmetology and Barbering. The bicycle rack does cause sanitation issues and that is 100% the main concern there. Due to the level of work that she is going to be doing, it causes irritation to the skin. Sweat causes pore clogging which could mean irritation or outbreaks and also medical conditions. Due to requiring a bike rack, it would actually go against everything that her license protects her from and it would cause more issues. To have the license revoked because of a health issue isn’t fair. A Conditional Use for that building and requiring a bike rack isn’t on the business itself; it should be on the owner to put that bike rack in. If anyone is an esthetician who is doing hair and makeup or eyebrows and eyelashes on top of facials and treatments such as body waxing or full facial waxing, those go into very big issues when a client arrives on a bike. They sweat and there is no way to clean themselves, which is not feasible for this type of business. It would be like requiring him to put a bike rack in front of his shop. Mrs. Maucher closed the public hearing. Mr. Hartman moved to approve C-21-06 Prickly Pear Studio at 872C Walker Road Suite 2 to permit a makeup studio and to include approval of the waiver request for the elimination of bicycle parking, seconded by Mrs. Malone and the motion was carried 9-0 by roll call vote. Mr. Hartman voting yes; based on what the Planning Office said in the DAC Report. Mr. Baldwin voting yes; based on the previous statements. Dr. Jones voting yes; based on previous statements as well as the applicant’s statements. Mrs. Welsh voting yes; for the previously stated reasons. Mrs. Malone voting yes; based on the previous reasons stated. Mr. Adams voting yes; he wishes the applicant good luck. Mr. Roach voting yes; he wishes the applicant good luck and thinks that 4 7

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 it will be a great addition to the City. Mrs. Lord voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons stated. SB-21-04 Stonebrook West: Planned Neighborhood Design at McKee Road and W. Denney’s Road – Public Hearing and Revised Subdivision Plan Review to remove the alleys and two street segments and to reconfigure the lots to allow for 148 single family homes. Previously the Subdivision was approved to have a total of 199 units, a mix of 89 single family detached house lots, 66 duplex lots and 44 townhouse lots. The project is located on the northwest corner of the intersection of McKee Road and Denney’s Road. The site area is equal to 88.98 acres +/-. The property is zoned RM-1 (Residential Medium-Density Zone) and is subject to PND (Planned Neighborhood Design). The owner of record is Stonebrook West, LLC c/o Lamboll Street, LLC. Property Address: intersection of McKee Road and W. Denney’s Road. Tax Parcels: ED-05- 056.00-01-01.00-000 and multiple parcels on Map ED05-056.04. Council District 1. Waiver Requests: Partial Elimination of Sidewalk (on Serpentine Way). PND - Alternative Design Standards - Single Family Detached Units. Planning Commission granted conditional approval of a Conditional Use Application C-07-02 for the Conceptual Plan for Stonebrook West Planned Neighborhood Design Development on February 20, 2007. Planning Commission also granted conditional approval for the Preliminary Subdivision Plan SB-07-06 for Stonebrook West PND on November 19, 2007 and Final Record Plan approval was given on July 8, 2009. Representative: Mr. Jonathan Street, Becker Morgan Group Mrs. Melson-Williams stated that this is a Planned Neighborhood Design project. It initially went through a review process back in the 2006-2007 timeframe; it actually achieved Final Plan approval and the plan was recorded. The PND at that time consisted of a plan for 199 residential units: a mix of townhouses, duplexes and single family homes. With this project here, they are making some revisions to that plan. Those revisions will reduce the overall number of lots to a total of 148 dwelling units. The project has also been revised to only consist of single family detached units. There were a number of waivers previously approved through the PND Review Process, some of which do carry forward through to this Plan today. There were some Alternative Design Standards specific to each unit type. They are looking to continue the use of those Alternative Design Standards specifically for the single family detached units. There was a previous Sidewalk Waiver and then there were two waivers related to the street network. Those two waivers related to the street network continue to be applied to the Revised Plan. One of them deals with the Maximum Length of the Dead-end Street which is the cul-de-sac that runs to the north in the northwest portion of the development. That was fully approved after Planning Commission recommendation and City Council action. There was also a Reduction in the Street Radius for a couple of the streets where you see them make what looks to be almost a 90-degree bend in order to make the turns. With this project, it is following the PND which is a specialized review process. It does enable them, as mentioned, to propose Alternative Design Standards and they have done so. The DAC Report highlights a chart of those. They are continuing to utilize the single family detached one which has a reduced lot size and then different setbacks than 5 8

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 normally would be permitted for single family units. The building architecture was actually submitted as part of this Plan. They are a series of both one story and two-story type units. They do tend to include a porch-like feature and other detailing on the garage doors and window trim. Overall, the project that they are focused on is the area to the south of the Mudstone Branch. The area to the north is a residual area that is not proposed for development. So, that continues to be the same; however, along the Branch there are areas that are in the Flood Plain. There are areas that are wetland areas which then carry with them a setback requirement. With single family residential development from those wetland areas, it is a minimum of 75 feet. It can be reduced to 50 feet which they have done in some of the areas in order to accommodate the improvements. What that means is that in that 50-foot buffer area, there needs to be a Riparian Buffer which is vegetative; meaning either existing trees or additional trees and landscaping to provide the buffer from that development to that wetland area. The street layout as noted is generally the same. The change has come in that they have eliminated what were the mid-block alley configurations. Alleys are not required as part of development for single family dwelling units. If this was a townhouse project, those alleys would be required as a provision in the Code. The one waiver that is kind of new and it is almost clarifying one that was previously approved under different sidewalk provisions. It is a request for the Partial Elimination of Sidewalks on the road known as Serpentine Way. That area is in close proximity to both Denney’s Road and McKee Road and would almost replicate sidewalk areas within close proximity of each other. The major streets of McKee Road and West Denney’s Road have a multi-use path proposed as part of their development. Those areas are subject to DelDOT review and the entrances to this subdivision from those streets are subject to DelDOT review and approval as well. With this project, since it is a residential, they made sure there is a required area for Active Recreation. That Active Recreation component remains unchanged with this project. It consists of a play structure, a hard surface basketball court, other turf areas for play, a gazebo and a connecting sidewalk path system to get you to those areas. They’re located near the entrance from Denny’s Road into the subdivision. As noted, this Plan also includes its concept for tree planting. With the overall site, there needs to be at least 718 trees planted. They are showing them as a kind of mix of the street tree format, meaning kind-of at the front of the lots and then also in some of the open space areas throughout the neighborhood. With this project, it is a Revision with the one Waiver Request. Planning Staff is supportive of that Waiver for the Partial Elimination of Sidewalks along the street frontage of Serpentine Way. Staff is also recommending implementation of bicycle parking facilities at the Active Recreation Area to serve those who may be visiting that area and also encouraging them to look closer at some of the natural areas in this subdivision. There may be areas where they can reduce the amount of tree clearing which then turns into fewer areas for long term care of the landscaping and grass mowing. They are supportive of the use of the Alternative Design Standards that are proposed for the single family detached dwelling units. The other agencies participating in the Development Advisory Committee have provided their comments. Those include the Department of Public Works, Water/Wastewater, DelDOT, the Office of the Fire Marshal, and the Kent Conservation District. They will have to achieve new approvals from each of those agencies based on the revisions that they are proposing with the Plan. 6 9

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 Mr. Street stated that this is a Revision to a previously approved plan. Other than the elevations that you see before you, they have at least five different units with multiple elevations for each of these units. He hasn’t seen anything quite so diverse for any one subdivision. Representatives of the owner are here tonight in case there are any questions. Again, it is an approved plan, and they plan on going through all of the agencies. There is an approved Traffic Impact Study for the development itself which to his knowledge to date, still stands as approved and they will make any changes needed based on that TIS. For the entrance off of Denny’s Road, they are responsible for the entrance and lane widening. Mr. Hartman stated that in Section IX, Subparagraph 6 of the DAC Report, Staff mentions as- built surveys will be required for all homes in the subdivision as they are shown to have very tight footprints. Staff makes reference to the PLUS Review that was done 221 years ago and you said that it was on file but you didn’t provide it. He would be interested in knowing if they had any comments on the tight footprint reflected by this approved plan. Responding to Mr. Hartman, Mrs. Melson-Williams stated that the building footprints that you see in this Plan are those of a new potential developer and are not the same as the past. Typically with a PLUS Review, that level of detail isn’t present that early on. They make note of lot counts but not exactly what footprint would be placed on each individual lot. Even moving forward from today, those building footprints could change. The setbacks that you approved through the Alternative Design Standards setup the buildable area on any particular lot. As long as their building that is proposed is within those, then it would meet the Code requirement. The PLUS Review from a number of years ago is on file at the Office. She does not have it physically in this room at the moment but if we really need to go look for it, then they can to answer the question completely. Mr. Hartman stated that it also states in Section X of the DAC Report that Staff supports the Alternative Design Standards proposed for single family detached dwelling. What does Staff base their approval on? Is it just that this was approved 222 years ago or are you looking at the Zoning Ordinance at all? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the use of the PND has its own set of bulk standards which are the setbacks from property lines, and things like lot area, number of stories and lot coverage. The PND has a unique set that is different than the RM-1 District anyway. Depending on the configuration of the property and the development, there is also the opportunity for the developer or applicant to propose alternative ones. Planning Staff looked at these and they are quite reasonable in what they propose. They do make things a little tighter perhaps, but they are quite reasonable. The lot coverage is higher than normal but that allows for opportunities for larger footprints, any increases necessary for longer driveways or accessory buildings. She thinks that they are all quite reasonable and continue to be so today. 1 The references to 22 years ago are incorrect. The property was annexed into the City in 2004 with Application AX- 04-02 2 The PLUS Review of this property occurred in 2006 and previous application C-17-02/ SB-07-06 was reviewed in 2007. 7 10

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 Mr. Hartman stated to comment on what you just talked about the standards for this PND, look in Article 4, Section 4.9. those standards differ greatly from what the Planning Commission has approved 22 years ago. He would like to put before the Planning Commission that if this were to come before us now for a new approval and not be based on something that was done 22 years ago, he would oppose it. It looks like since it was approved, he has very little room to do so. He would like to point out that they have approved a lot size of 7,500 SF. The lot width is 100 feet. The front yard setback is 15 feet. The minimum side yard is 8 feet, and the total side yard is 20 feet. The rear yard is 20 feet. The lot coverage is 40% and most of these are substantially different than what was approved 22 years ago. Does the cul-de-sac meet the fire department’s regulations for the turning radius? Responding to Mr. Hartman, Mrs. Melson-Williams stated that the Fire Marshal’s Office did in their comments make the request to ensure that the dimensions of the turnaround on the cul-de-sac are met. She is not sure if the engineers have had the opportunity to check that out. They may be able to provide information on that. Mr. Street stated that they will need to be adjusted by a few feet but other than that just the exterior radius of the back of the curb lot will be adjusted. The radius of the right-of-way itself is fine. Mrs. Maucher opened the public hearing. Ms. Karen Speakman – 101 Maple Glen Drive Dover, DE 19904 Ms. Speakman stated that she actually does like that they reduced the number of units but she does wonder what square footage they are talking about and will these be affordable? As many of you know, her work consists of trying to make sure that we have enough affordable housing in Dover. We don’t have inclusionary zoning in the City right now so that is something that the Commission should always be looking at. Responding to Ms. Speakman, Mr. Street stated that he doesn’t think that a final price or the square footages has been determined at this point. Ms. Speakman asked if it was fair to say that the lot sizes would require the houses to be a fairly smaller footprint. Responding to Ms. Speakman, Mrs. Melson-Williams stated that the answer is generally yes. There is a variety of lot sizes throughout the development as shown. Their minimum lot size requirement is a 5,000 square foot lot. So, you can do some math if you have the setbacks to figure out what that means for a buildable area with differences between one story and two story units, she doesn’t know what that shapes up to be footprint wise. Ms. Speakman stated that it sounds like there will be a variety of houses which is a good thing. That means that there are a variety of prices and square footages. Mrs. Melson-Williams stated that they received written correspondence in regard to this application. The Planning Office received an email from Paul Eichler and it pertains to SB-21-04 and also SB-21-05. He is writing to object to the application. In particular for Stonebrook West, he notes that construction of these units would fall under what the City has adopted as the current Building Code which is the 2009 International Residential Code. That Code, when the City 8 11

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 adopted it, does not require residential fires sprinklers in single family detached units. He goes on to note that the IRC has continued to maintain that requirement; however, the City has not adopted that or adopted any updated additions of the IRC. Also, with Stonebrook West, he notes an objection to the removal of the alleys noting that alleys provide additional needed access to properties for fire apparatus in the event of a fire. He notes that the alley removals and lack of residential sprinklers threatens the well-being of the residents in the proposed community as well as emergency responders in the event of a fire. He also has comments related to Stonebrook East which she will note specifically when we get to that application. In closing of his statement, he encourages the Planning Commission to defer action on the applications until the City can update and adopt an edition of the International Residential Code with the requirement for residential fire sprinkler systems left in the Code. He also notes that that review and updating the IRC was one of the things identified in a recent Center for Public Safety Management Study that the City had commissioned in 2016. His email is signed Paul Eichler, Chairman of the Delaware Fire Sprinkler Coalition. Mr. Adams questioned if it would be normal that the edition of the IRC that the City has adopted be so dated? Is that typical in most other towns and cities in Delaware? Responding to Mr. Adams, Mr. Hugg stated that unfortunately it is not. The City of Dover is delinquent in completing work on the 2018 Code. We are making fairly good progress until all of the things associated with the COVID occurred and it is back on the agenda. He is correct; there have been additional editions of the International Building Code and the International Residential Code since 2009, but that is the official Code of the City at this point. He does want to correct one thing that Mrs. Melson-Williams implicated. The 2009 IRC did include a recommendation on the requirement for residential fire sprinklers which City Council voted not to include in the adoption of that Ordinance. It was a standard back then. It is one of the items that City Council has asked him to try to accelerate in order to get back on schedule. Mr. Adams asked if it was common practice for other cities in Delaware to strike that language? Responding to Mr. Adams, Mr. Hugg stated that it is his understanding that that is the case. He is trying to think of anyone who has actually adopted it with the sprinkler requirement. Mrs. Melson-Williams stated that she is not aware of anyone in particular. She knows that there are a number of constituencies that are focused on trying to get that provision kept in the Code when Building Codes are adopted. Mr. Adams stated that he hadn’t seen many single-family residential homes constructed with residential fire sprinklers. Responding to Mr. Adams, Mr. Hugg stated that we do require it for multi-family structures and alleys for rear access for townhomes. Mrs. Lord stated that she is not from Delaware; she is from Virginia. In Virginia, whether it’s single, multi or whatever, every dwelling is required by Code to have a fire sprinklers throughout the dwelling. Are you saying that Delaware has no such Code? Responding to Mrs. Lord, Mr. Hugg stated that it is his understanding that it is a decision made by each local jurisdiction when 9 12

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 they adopt the International Residential Code. Typically, each jurisdiction goes through the Codes and certain provisions are modified and adopted or not adopted as local preference. Virginia may have a State law that applies universally but Delaware does not. Mrs. Lord stated that yes, Virginia does. It would seem to her to be common sense that all dwellings to have sprinklers in them. The loss of life is a huge issue with fire. She is frankly, just quite surprised by this. Mrs. Maucher closed the public hearing. Mrs. Maucher questioned if residential fire sprinkler systems is an option if someone does want one in their home. Responding to Mrs. Maucher, Mr. Hugg stated yes. Mr. Adams moved to approve SB-21-04 Stonebrook West: Planned Neighborhood Design at McKee Road and W. Denney’s Road to include the Waiver for the Partial Elimination of Sidewalk on Serpentine Way and the acknowledgement of the Alternative Design Standards that are proposed for the single family detached units, seconded by Mr. Baldwin and the motion was carried 9-0 by roll call vote. Mr. Adams voting yes; he believes that this project will be a welcomed addition to this side of town and he is in favor of additional PND neighborhoods in the City. Mr. Roach voting yes; for reasons previously stated. Mrs. Lord voting yes; although she is still shocked about the fire sprinkler code. Mr. Hartman voting yes; although he disagrees with the Commission’s approval of this 2009 Plan because it did not meet Article 4, Section 4- 3.10 of the Ordinance and it did not meet the intent of the PND in his opinion. He feels that he is forced to agree with the motion. Mr. Baldwin voting yes; based on prior approval and the fact that of the current Code for the project. Dr. Jones voting yes. Mrs. Welsh voting yes; the neighborhood from the elevations, it looks like it is going to be a really well-designed neighborhood and even though the situation with the sprinklers is a little surprising, the design is complying with the current 2009 Codes that have been adopted by the City of Dover. She looks forward to seeing a well-developed neighborhood. Mrs. Malone voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons previously stated. SB-21-05 Stonebrook East: Planned Neighborhood Design at McKee Road and W. Denney’s Road – Public Hearing and Review on a Revised Subdivision Plan to increase the number of townhomes from 87 to 103 townhomes and to decrease the number of garden apartments from 168 to 138 garden apartments/condominium style for a total of 241 dwelling units, a decrease of 14 dwelling units. The project is located on the northeast corner of the intersection of McKee Road and Denney’s Road. The site area is equal to 45.75 acres +/-. The property is zoned RM-1 (Residential Medium Density Zone) and is subject to PND (Planned Neighborhood Design). The Owner of Record is Stonebrook East 168, LLC c/o Lamboll Street, LLC. Property Address: intersection of McKee Road and W. Denney’s Road. Tax Parcels: ED05-057.03-01-01.00 through 92.00. Council District 1. Waiver Request: Partial Elimination of Sidewalk (on Millais Drive). PND - Alternative Design Standards - Garden Appointments. Planning Commission granted conditional approval of a Conditional Use Application C-07-01 for the Conceptual Plan for Stonebrook East Planned Neighborhood Design Development on February 20, 2007. 10 13

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 Planning Commission also granted conditional approval for the Preliminary Subdivision Plan SB-07-07 for Stonebrook East PND on November 19, 2007 and Final Record Plan approval was given on September 28, 2010. Representatives: Mr. James Taylor, Duffield Associates; Ms. Amanda Rose, Duffield Associates Ms. Bulkilvish stated that this application is similar to the previous application. It was approved in 2007. It went through the PND process which was a Conditional Use process and then a Subdivision Plan review and approval and then the Plan was recorded. The current iteration in front of you is a bit different. There are an increase of sixteen Townhomes and a decrease of thirty Garden Apartments. The Garden Apartments have been kind of condensed into four buildings. What you have before you tonight also are a few waivers. Like the previous application, there are some changes to the Alternative Design Standards mainly for the Garden Apartments. The previously approved Design Standards for the Townhomes are staying the same. For the Garden Apartments, the changes proposed to the Alternative Design Standards are to permit four story Garden Apartments and also to permit the building height of 48 feet and to permit an average of 35 dwelling units per building. The other Waiver is the Partial Elimination of Sidewalk along Malaise Drive, similar to the last application. Malaise Drive mimics the 90 degree turn from West Denney’s Road to McKee Road along those frontages. Malaise Drive is within closed proximity to the mutli-use path along W. Denney’s Road and McKee Road therefore not requiring sidewalk on that side of the street. Staff is in support of that waiver. The new Townhomes are proposed towards the center of the development. There is alleyway access for all Townhomes. The new Townhomes have a right-of-way behind them where there is rear access. There is concern for rear access to Apartment Building D with a slight adjustment of the location of that building that could be addressed. All of the amenities also remain the same from the previously approved Subdivision Plan. There is a clubhouse, a pool, a tot lot, a basketball court and there is just one addition which we don’t have much detail on, but there is a proposed community garden. The site also has significant wetlands on it as it is adjacent to the Fork Branch. It will require a riparian buffer which is shown. That riparian buffer is mainly existing trees and vegetation and is to be remained largely untouched. There was also a previously approved waiver for the reduction of the street radius that would carry through to this design as well. Mr. Taylor, Engineer with Duffield Associates stated with him tonight was Amanda Rose, Project Engineer with Duffield Associates. Mr. Taylor also stated that they have had a chance to review the comments from Staff as well as from the Development Advisory Committee and they agree with all of the comments and will make those adjustments. Mr. Adams stated that on the cover page of the Site Development Subdivision Plan that was provided to us, he is still seeing Condo A, B, C and D with a total number of Garden Apartments totaling 138 units. Where is the reduction of 30 coming from? Responding to Mr. Adams, Ms. Bulkilvish stated that is the correct number. The previous Plan that was approved in 2007 and then revised in 2009 or 2010, had additional apartments and she thinks at one point they had a 11 14

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 total of seven Apartment Buildings. They reduced the number of buildings to four with a total of 138 units. Mr. Taylor stated that with the current Plan, the row of Townhouses to the west of Worchester Drive which is the road that runs north to south up and down the page, there are additional Townhomes on that side with the reduction of the Apartment Buildings. Mr. Hartman stated that the chart provided by the DAC says that the parking will be 1.5 spaces per unit and on the cover drawing, it has at least 2 parking spaces provided. Responding to Mr. Hartman, Mr. Taylor stated that obviously by Code it is 1.5 spaces per unit so that is one that they will be updating to reduce the number of spaces. They do feel that with this day in age, with people that have cars, that two is probably more appropriate for the parking. Mr. Hartman stated that it also says that the max gross residential density allowed is 6 dwellings per acre and the density provided is 18 dwellings per acre on the plans. What does that mean? Responding to Mr. Hartman, Mr. Taylor stated that the max residential dwelling units per acre is basically the number that is permitted by Code. He believes that the recalculation on that shows that they are not at the 18 dwelling units per acre because that was based upon a smaller footprint. Mr. Hartman stated that it is quite a substantial difference. Responding to Mr. Hartman, Mr. Taylor stated that is correct, they are below that number. Mr. Hartman asked for the number. Responding to Mr. Hartman, Mr. Taylor stated that it is 5.78. Mr. Hartman stated that it was reduced from 5.71 to 5.26. That is a substantial reduction from 18. Responding to Mr. Hartman, Mr. Taylor stated that 18 is not the correct number. That is a note on the Plan that is not the number that they are proposing and that was commented on in the letter from the Development Advisory Committee. They are below the number of dwelling units allowed per acre. Mr. Hartman questioned if Garden Apartments are considered RM-1? Responding to Mr. Hartman, Ms. Bulkilvish stated yes, there are Bulk Standards in the RM-1 Zone for Garden Apartments listed in the PND Bulk Standards. Mrs. Melson-Williams stated that the PND allows for a variety of residential type units that may not be fully allowed in the underlying zone, in this case the RM-1. The only way to achieve the use of that housing type is by the PND Review Process. That PND Review Process then sends a density for the development has an open space minimum requirement for the development which in combination then allows the mixing of residential types and would allow for Garden Apartments in this instance. Mr. Hartman stated that he wants to see affordable housing for Dover, he just doesn’t want to see it at the expense of residents being cramped in there. The Ordinance sets out standards for PNDs Sections 4-10, 4-11. For future applicants, he would just like Planning Staff to consider these standards in the Ordinance before reducing anything. Responding to Mr. Hartman, Mr. Taylor stated that they are increasing the open space. In the previous Plan, it was only 53% open space and they have increased that by 17% to 70%. 12 15

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 Mr. Adams questioned if there were other approved PND Plans in the City whereby they have increased the building height to 48 feet? Or if not PND then just generally speaking in other residential buildings within the City where the building height is or exceeds 48 feet? Responding to Mr. Adams, Mrs. Melson-Williams stated that she knows there are four stories. The building height in a feet calculation is probably related to some of the construction practices anticipated for this type of development. There are other PND’s throughout the City, but she can’t speak exactly to what their Design Standards were, but the Village of Westover was a precursor to a PND. The provisions were very similar to the PND process that our Code now contains, and that project has apartments, but she is not sure the number of stories. Also, the Village of Cannon Mills is the same situation. It was a PND type project that had a mix of dwelling types in it including apartments but again, she is not sure if they are three or four stories. Mrs. Maucher opened the public hearing. Mr. Howard Kimmel – 129 Millcreek Drive, Dover, DE 19904 Mr. Kimmel asked if Staff had a list of what homeowners received notice about tonight’s meeting within 200 feet of the project. This weekend, he talked to two other homeowners about coming to tonight’s meeting and they said they did not know anything about it and that he received a certified letter. He was wondering because of the impact that this is going to have on the Millcreek Development and to homeowners like himself that have been there for over 20 years said they knew nothing about it. There are a lot more people that will be affected by this that might be more than 200 feet but where the entrance will connect to our development. His house is right on the entrance to the development. People that are right across the street are further than 200 feet so were not aware other than the for sale sign saying sold. Mrs. Melson-Williams stated that the Zoning Ordinance for the City sets the public notice requirements, and that distance is 200 feet. Looking at the properties in Millcreek that would have been notified, it is the ones that kind of back up to Denney’s Road that fall within that 200- foot area and it does appear that if you are on the side of Millcreek Road that is closer to Downtown Dover, that you didn’t fall within that notice area. The public notice requirements for this type of application includes mailing to adjacent property owners within 200 feet of the subject site and also a legal notice in the local newspaper. That legal notice in the local newspaper is intended to cover the public in general. Of course, this meeting is an open meeting, the meeting agenda and its content was posted on the City’s website and also posted here in City Hall. Mr. Kimmel questioned if on the old plans the buildings were 2 or 3 stories. It has been discussed that it’s a reduction. Mr. Kimmel asked for clarification if it was a reduction in the number of apartment complexes versus units. Responding to Mr. Kimmel, Ms. Bulkilvish stated that it is actually both, number of units and number of buildings. Mr. Kimmel asked what was in the original Plan. How many stories, two or three? Responding to Mr. Kimmel, Mr. Taylor asked if he was talking about the condos or the townhouses. Mr. Kimmel stated that he was asking about the apartments. Responding to Mr. Kimmel, Mr. Taylor stated that the apartments were three stories. Mr. Kimmel stated with the previous application in 2006 or 2007 there was going to be an issue 13 16

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 with fire safety due to the diameter of the curvatures of the road that went around so he is just wondering simple physics with it now being four stories how can that be an improvement or what do we know about that as far as safety. Responding to Mr. Kimmel, Mr. Taylor stated that the Plan is required to be approved by the City’s Fire Marshal. They reviewed the Plan and provided comments mostly related to the one Apartment Building that was on the right-hand side that was a little bit too close to the roadway as well as Samantha mentioned access to the rear of that building. They are making adjustments to get that within the correct footprint, but he doesn’t believe that there were any comments that spoke to four stories being too tall for the City’s Fire Department. Mr. Kimmel stated that was the same issue last time that there was something with a 15-foot turn radius they wouldn’t have access. He is just thinking of a fire ladder having to go up four stories instead of three they would need a further distance than 15 feet. Responding to Mr. Kimmel, Mr. Taylor stated that they will have to meet all of the requirements of the State Fire Regulations. Mr. Kimmel asked that on the apartment complexes, are there going to be balconies and if so on what side. Responding to Mr. Kimmel, Mr. Taylor stated that on the apartment buildings, those are still going to go through a redesign. Staff had some comments on both the Townhouses and Apartments. The Plan would be that there would be balconies on both sides. Right now, what this rendering is showing is more like a condo type feel but it will look more like apartments with exterior access to the outdoors from each unit. Mr. Kimmel stated that he believes that there was a DelDOT Traffic Impact Study done. Since then, there have been numerous developments outside the City of Dover limits that have been added on West Denney’s Road towards Kenton Road on both sides of the road. One of the issues that they are currently having; is there going to be turn lanes put in off of West Denney’s Road because what they already have is when people are coming from DelTech towards the light that is kind of like a blind curve and people just drive off onto the side of the road. With all of the increased traffic and people trying to get in and out are there going to be turn lanes? Responding to Mr. Kimmel, Mr. Taylor stated that if you are coming from the east towards the site, there will be a right turn lane into the site and a left turn lane into the neighborhood if you are coming from the opposite direction there is a left turn lane going into the site. DelDOT would not require them to do anything as far as the right turn lane into your neighborhood, but they would require them to put a turn lane into their site. Mr. Kimmel questioned if there were any deed restrictions or HOA that the apartments have to be owner occupied. Mr. Taylor responded that the apartments will be rental. Mrs. Melson-Williams stated that there was one item of correspondence received that she will reference for the record. This was an email received by Planning Staff addressed to the Planning Commission from Mr. Paul Eshler who they noted previously as the Chair of the Delaware Fire Sprinkler Coalition. His comments as noted, also address application SB-21-05. He notes about the currently adopted Building Code for the City of Dover is the 2009 International Residential Code. In adopting that Code years previously, the City removed the requirement for residential sprinklers and in this case, in Townhouse Units. He again notes the various updates to the IRC that have been put forth that the City has yet to adopt. In specifically with Stonebrook East, he 14 17

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 has the objection to application because of the increase in Townhomes from 83 Townhomes to 103 and that they would be built without residential fire sprinklers under what the City has currently adopted for the IRC. He also notes by reducing the number of Garden Style Apartment Units, there are fewer that would be sprinkler protected living units available in the development. She thinks that they have noted that the apartment units would be required to be sprinklered by Building Code. He does note that due to the development availability and affordability and effectiveness of residential sprinkler systems, he would be remiss to lend any support to a project that reduces the number of sprinkler protected units available for purchase or rent. He notes that the City should be adopting updated versions of the IRC that would continue to include the requirement for residential fire sprinkler systems in the Code when it would be adopted. Mrs. Maucher closed the public hearing. Mrs. Welsh moved to approve SB-21-05 Stonebrook East: Planned Neighborhood Design at McKee Road and W. Denney’s Road inclusive of the waiver request for the partial elimination of sidewalk and the PND Alternative Design Standards as noted in the application, seconded by Mrs. Malone and the motion was carried 6-3 by roll call vote. Mrs. Welsh voting yes; she believes that the project has been well thought out. The designs are very good and very pleasing, and she thinks that it is a great asset to the area, and she thinks that it will be welcomed affordable housing for the City. Mrs. Malone voting yes; based on previous comments mentioned by Mrs. Welsh. Mr. Adams voting no, he has some concern about the building height of 48 feet in that area of town. It is very much a single-family residential area and he just has some concern about that aspect of the plan. Mr. Roach voting yes; he has the same concerns about the building height, but he does appreciate the rendering and he hopes that the applicant continues to work with Planning Staff. Mrs. Lord voting yes; for reasons previously stated and also noting the building height as not her favorite. Mr. Hartman voting no; based on the waiver increasing the building height. Mr. Baldwin voting yes; based on Staff recommendations and it will be a great addition for the area. Dr. Jones voting no; she is concerned about the building height in that area. Mrs. Maucher voting yes; based on DAC comments and the comments from Planning Staff. NEW BUSINESS Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Update on Design Professionals Mrs. Melson-Williams stated that Staff did reach out to the two individuals that the Commission identified as potential candidates for the design professionals: Dr. R.J. Chandler and Ms. Sarah Keiffer. They have not heard back from either one of them at this point so Staff will do some follow up and will hopefully have some information at the September Planning Commission meeting. Resolution honoring the service of Nicholas Adams on the Planning Commission Mrs. Melson-Williams read the Resolution for the record. Resolution 15 18

Item 1. CITY OF DOVER PLANNING COMMISSION AUGUST 16, 2021 Whereas, Nicholas Adams became a member of the City of Dover Planning Commission on January 28, 2019 and has served with diligence and distinction in this capacity as an advocate for sound land use planning in the public interest; and, Whereas, Nicholas Adams has played a key role in ensuring fundamental fairness and careful forethought in the planning and development of the Capital City through his service on the Planning Commission; and, Whereas, Nicholas Adams served with distinction in the position of Vice-Chair of the Planning Commission since his election to the position on September 21, 2020; and, Whereas, Nicholas Adams has influenced the pattern and appearance of development in Dover through his contributions to the creation of the City’s 2019 Comprehensive Plan and to ensure compliance with the Plan as adopted; his participation in the review and implementation of the 2021 Comprehensive Rezoning Project; his eagerness to learn about land use and zoning; and his ability to remain a clear, fair and balanced voice even through the trials and difficulties of the COVID-19 Pandemic with the virtual meeting format for Planning Commission Meetings; and, Whereas, Nicholas Adams completed his term of service on the City of Dover Planning Commission on August 16, 2021. Now Therefore Be It Resolved That, the City of Dover Planning Commission does hereby express its sincere appreciation to Nicholas Adams for his faithful and exemplary service to the Citizens of the City of Dover as an active member of the City of Dover Planning Commission and extends its very best wishes to Nicholas Adams for a bright and prosperous future. Dr. Jones moved to approve the adoption of the Resolution honoring Mr. Nicholas Adams’ service on the Planning Commission, seconded by Mr. Baldwin and the motion was carried by voice vote. Dr. Jones questioned if there was going to be a Planning Commission Workshop scheduled in the near future? Responding to Dr. Jones, Mrs. Melson-Williams stated that they haven’t actually thought about that but it might be time to resume that. There are agenda items for the September meeting but they will see what their opportunities are for getting back on some type of workshop session. Meeting adjourned at 8:47 PM. Sincerely, Kristen Mullaney Secretary 16 19

Item 2. The Institute for Public Administration presents Freedom of Information Act (FOIA) for Local Officials COURSE INSTRUCTOR Max Walton, Esq. Connolly Gallagher LLP. September 24, 2021 FOIA is always a tricky topic for local governments to navigate. It has become even more difficult as a result 10:00 a.m. to NOON of the necessary changes to regular public meetings during the COVID-19 pandemic. This session will shed light on what these recent changes to public meeting standards mean for local governments in Delaware VIA ZOOM MEETING and what your town should understand about them moving forward. Registration in advance is required. After registering, you will receive a Contact Sean O’Neill (oneill@udel.edu) with questions confirmation email with information about joining the meeting. about this event. This session qualifies for certificate credit in the $20 Registration Fee Academy for Excellence in Local Government Leadership. Register online www.bidenschool.udel.edu/ ipa/events/upcoming 20

Item 3. 21

Item 4. City of Dover PETITION TO ANNEX AND REZONE PROPERTY DEVELOPMENT ADVISORY COMMITTEE OF September 8, 2021 PLANNING COMMISSION MEETING OF September 20, 2021 File Number: AX-21-03 Ordinance Number: 2021-16 Applicant: Dover Indoor Tennis, Inc. c/o Daniel D. Brengle Owner of Record: Dover Indoor Tennis, Inc. Property Address: 633 Persimmon Tree Lane, Dover DE Tax Parcel ID #: LC-00-058.00-01-32.00-000 Lot Size: 3.1707 acres (138,115.69 SF) Present Zoning: AR (Agricultural Residential Zone) Proposed Zoning: RC (Recreation and Commercial Zone) Comprehensive Plan Category 2: Priority Annexation Areas Designation: Comprehensive Plan Residential Low Density* Land Use Designation: (*Granted a Minor Variation to revise Land Use Designation to Commercial – Entertainment) Present Use: Tennis Club Proposed Use: Tennis Club Utility Availability: Electric: 633 Persimmon Tree Lane is currently served by City of Dover Electric. Water and Sanitary Sewer: 633 Persimmon Tree Lane is not currently served by City of Dover Water or Sanitary Sewer. Water service is available; however, it is approximately 150 feet away from the southwest property line of this parcel on the southern side of Persimmon Tree Lane. The Developer would be required to extend the water main to their property. Sanitary P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 22

Item 4. Sewer is available; however, it is approximately 350 feet away from the southwest property corner, on Kurt Drive. The developer would be responsible for extending the sanitary sewer main from Kurt Drive to the property. 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 extending and tapping the water main, extending and tapping the sewer main, paying impact fees and obtaining permits. Staff Recommendation: The Electric Department has no objection to the annexation. The Department of Water and Wastewater has no objection to the annexation. The Department of Public Works has no objection to the annexation. 23

Item 4. City of CITY OF DOVER Dover Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 8, 2021 APPLICATION: Annexation of Lands of Dover Indoor Tennis at 633 Persimmon Tree Lane FILE #: AX-21-03 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, AICP, Planner II PHONE #: (302) 736-7196 I. Summary This application is for the Annexation and Rezoning of the property at 633 Persimmon Tree Lane, Dover. It is a parcel of land totaling 3.1707 acres or 138,115.69 SF +/-. The owner of record is Dover Indoor Tennis, Inc. Tax Parcel: LC-00-058.00-01-32.00-000. II. Existing Property The property is located on the north side of Persimmon Tree Lane and approximately 200 feet east of Kurt Drive. The boundary of the City of Dover surrounds the parcel on the north and west sides. The property includes an existing 27,977 SF building which houses indoor tennis facilities and an associated parking lot. The property is currently zoned AR (Agricultural Residential Zone) in Kent County. The owner would like to expand the operation with outdoor courts in the future and therefore, would like to connect to City Utilities. III. Surrounding Land Uses To the north and west of the property is a parcel owned by the Dover Downs International Speedway Inc. and used as campgrounds for the races and events like Firefly Music Festival. To the east of the property is a single-family dwelling and a large agricultural field. To the south across Persimmon Tree Lane are additional single-family dwellings. The properties to the south and east are not within the City of Dover boundaries. IV. Comprehensive Plan In the 2019 Comprehensive Plan, the Map 13-1: Potential Annexation Areas identifies the property in the Category 2: Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are on the periphery of the City, and in many cases close gaps or holes in what would appear to be the orderly limits of the City. Many of these areas help to round out City boundaries. In some cases, owners of these parcels have expressed interest in annexation. In other cases, these parcels would provide for logical extension of City services and utilities.” 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: P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 24

Item 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane DRAFT DAC Report of September 1, 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) None of these zoning districts are compatible with the existing and proposed continued use of the property as a tennis club. The One Family Residence Zone would allow for annual “membership clubs” would be similar to the existing use; however, it limits activities to members and guests and other operation parameters. A Minor Variation for the amendment to Map 13-2: Potential Land Use for Annexation Areas was requested. V. Minor Variation Request A Minor Variation Request was submitted as part of the Annexation Application. The Minor Variation Request was to amend Map 13-2: Potential Land Use for Annexation Areas to change the Land Use from Residential Low Density to Commercial - Entertainment. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with the Commercial – Entertainment land use classification. RC (Recreational and Commercial Zone) IO (institutional and Office) The Change in Land Use would be consistent with the neighboring properties within the City boundary and would allow for the Recreational and Commercial Zoning (RC), also consistent with the neighboring property to the north and west. The Minor Variation Request was submitted to the Office of State Planning Coordination and approved on August 25, 2021. See attached letters. VI. Request for RC (Recreational and Commercial Zone) The applicant has requested the zoning of RC (Recreational and Commercial Zone). The types of permitted uses in the RC (Recreational and Commercial Zone) are given in Article 3 §18 of the Zoning Ordinance. See the following Code excerpt: 25

Item 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane DRAFT DAC Report of September 1, 2021 Page 3 Article 3 Section 18. – Recreational and commercial zone (RC). 18.1 Uses permitted. No building or premises shall be used and no 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) Public and private parks and playgrounds. (b) Athletic fields. (c) Sports stadiums and arenas. (d) Public and private swimming pools and clubs. (e) Miniature golf courses and pitch and putt golf courses. (f) Golf or baseball driving ranges. (g) Golf courses and country clubs. (h) Casinos (i) Hotels, motels and restaurants. (j) Auto, horse and motorcycle racetracks. (k) Indoor and/or outdoor recreation and amusement establishments. (l) A temporary outdoor activity, such as a fair, circus, carnival, bazaar, music festival, or other outdoor event, subject to the following requirements: (1) Permit required. A temporary outdoor activity permit shall be required. Such permit may be issued for a calendar year, provided that any changes to the permit are reviewed and approved by the department of planning and inspections. (2) Plan required. The owner shall submit a plan to the department of planning and inspections showing the layout for the temporary activity a minimum of 30 days prior to the event, including the location of all existing structures and any proposed temporary structures, including but not limited to stages, tents, trailers, and temporary buildings. The permit application must address water supply, wastewater disposal, sanitation, erosion and sediment controls, and maintenance of traffic as it relates to any city streets. The permit shall include any other pertinent information deemed appropriate by the department director for this permit. (3) Fees. A fee for the temporary activity permit shall be in accordance with Appendix F—Fees and Fines. (4) Parking. The application for the temporary activity permit shall include a plan delineating the proposed parking area(s), number of parking spaces, ingress and egress to the parking area, and any other pertinent information deemed appropriate for the permit. (5) Noise. The use of loud speakers and other amplification systems outdoors shall be prohibited between 12:00 a.m. and 7:00 a.m. on Monday through Friday and between 2:00 a.m. and 9:00 a.m. on Saturday and Sunday. (6) Documentation of approval. The director of planning and inspections may require documentation of approval for outside agencies having jurisdiction over such activity including but not limited to the Delaware Division of Public Health, Department of Transportation, and the Dover Police Department. (7) Discharge of substances. No activity associated with a temporary outdoor activity shall be permitted to discharge any substance, including but not limited to wash water, to any storm drain, storm water management area, drainage ditch, or other water conveyance system. (m) Temporary camping areas. Temporary camping areas shall be permitted subject to the following requirements: (1) Permit required. Property owners wishing to provide more than five camping sites shall apply for a permit from the planning and inspections department. Such permit shall be valid for the 26

Item 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane DRAFT DAC Report of September 1, 2021 Page 4 calendar year in which it is issued. Any changes to the permit shall be approved by the department of planning and inspections. (2) Fees. Fees for the permit and/or amendments to the permit will be charged in accordance with Appendix F—Fees and Fines. (3) Diagram required. Prior to issuance of a permit, the property owner or his/her agent must submit a legible diagram of the camping area to the department of planning and inspections. The diagram shall include: i. Identification of camping areas and indicate whether each area will be utilized for tent camping or recreational vehicle camping. ii. Emergency access, drive aisles, entrance(s) and exit(s). iii. Number of proposed recreational vehicles or tents to be permitted in each camping area. iv. Location of power lines. v. Location of restroom facilities. vi. The period of time for which the permit is requested. (4) Distance from power lines. No camping sites shall be permitted within 25 feet of power lines as measured from the center of the utility pole. Vertical extensions from camping sites shall not be closer than 25 feet to power lines as measured from any point on the vertical extension. (5) Tent placement in relation to vehicles. Tent camping sites shall be laid out to avoid the location of tail pipes, generators, and other carbon monoxide sources near tent placement. The fire marshal or other city code official shall have the authority to require that vehicles and/or tents be relocated to avoid the danger of carbon monoxide entering tents. (6) Restrooms and shower facilities required. Tent camping areas shall be required to include temporary or permanent restrooms and shower facilities. (7) Parking recreational vehicles. Recreational vehicles shall not be parked closer than ten feet to other recreational vehicles, buildings, or other structures, as measured from the long side of the vehicle; nor closer than two feet from other recreational vehicles, buildings, or other structures, as measured from the front or rear of the vehicle. The required ten feet shall exclude any bump-outs or other protrusions from the side of the vehicle. Any exceptions to this shall be subject to review by the fire marshal upon the determination that the safety objectives of this subsection are achieved. (8) Drive aisles. Camping areas shall have drive aisles constructed of drivable surfaces engineered to hold the weight of recreational vehicles, fire equipment, and other emergency response equipment in all types of weather. Crushed stone or gravel surfaces shall be permitted for such drive aisles. (9) Residential buffering. Any camping area abutting a residential use shall be buffered by a landscape buffer of evergreen trees of a minimum height of six feet tall and an opaque fence of six feet tall. (10) Change approval. Any changes to the approved layout of temporary camping areas shall be approved by the department of planning and inspections. (11) Discharge of substances. No activity associated with any camping area shall be permitted to discharge any substance, including but not limited to wash water, to any storm drain, storm water management area, drainage ditch, or other water conveyance system. 18.2 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) Outdoor and drive-in theaters, provided that adequate screening is installed to shield all adjacent properties and public streets and alleys from the glare of lights from the parking areas. (b) Airports and facilities incident to aviation. (c) Livery stables and riding academies, provided that the corrals shall be at 27

Item 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane DRAFT DAC Report of September 1, 2021 Page 5 least 200 feet from any dwelling, school, church, eating place and intermittent or running, natural or artificial watercourses. 18.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses on a lot. (a) Accessory uses customarily incident to the principal use and any other necessary to the operation of the principal permitted use located on the same premises therewith shall also be a permitted use. 18.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 18.5 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 permanent structures and prior to the issuance of certificates of occupancy for any change of use. VII. Recommendation of Planning Staff: Staff recommends the annexation of the property at 633 Persimmon Tree Lane and its rezoning to RC (Recreational and Commercial Zone) be approved as submitted. The subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 2: Priority Annexation Areas with a Land Use Classification as Residential Low Density. A Minor Variation Request was submitted to and approved by the Office of State Planning Coordination to revise the Land Use Classification to be Commercial – Entertainment. The RC zoning is consistent with the development in the area and is consistent with the Land Use Classification of Commercial Entertainment. The RC zoning is appropriate for the current use of the property as an Indoor Recreation Establishment and is consistent with immediately adjacent 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 does not meet the minimum area bulk requirements of 5 acres for the RC zoning. The lot is existing and meets the minimum lot width of 250 feet and is 35 feet shy of meeting the minimum lot depth of 400 feet. The building on the property will also not meet the rear and side yard setbacks, but if the property is annexed the lot and building placement would be considered legal nonconforming. The use of the building as an Indoor Recreation Establishment would be conforming. Zoning Ordinance, Article 7 Section 1 Nonconforming Buildings and Uses addresses development activity in these situations. VIII. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water and sewer is feasible due to the proximity to existing infrastructure along Persimmon Tree Lane west of the subject site. It would be the property owner’s responsibility to cover all costs associated with extending and providing services to the existing building. 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, licenses, occupancy permits, etc. 3) Any future development plans are subject to review by the Planning Office and the Development Advisory Committee (D.A.C.). If the extent of the development warrants review by the Planning Commission a public hearing date will be set, and Planning 28

Item 4. AX-21-03 Lands of Dover Indoor Tennis, Inc. at 633 Persimmon Tree Lane DRAFT DAC Report of September 1, 2021 Page 6 Commission may grant Conditional Approval. All comments from the D.A.C. shall be addressed prior to Final Plan Approval from the Planning Office. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 5) 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. 29

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 1, 2021 APPLICATION: Lands of Indoor Tennis, Inc. at 633 Persimmon Tree Lane FILE #: AX-21-03 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-00-076.05-01-01.00-000. 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, please find the following: a. 633 Persimmon Tree Lane is not currently served by the City of Dover Water or Sanitary Sewer. Water service is available; however, it is approximately 150 feet away from the southwest property line of this parcel on the southern side of Persimmon Tree Lane. The Developer would be required to extend the water main to their property. Sanitary Sewer is available; however, it is approximately 350 feet away from the southwest property corner, on Kurt Drive. The developer would be responsible for extending the sanitary sewer main from Kurt Drive to the property. 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 extending and tapping the water main, extending and tapping the sewer main, 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 . 30

Item 4. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 1, 2021 APPLICATION: Lands of Indoor Tennis, Inc. at 633 Persimmon Tree Lane FILE #: AX-21-03 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 annexation of tax parcel LC-00-058.00-01-32.00-000. 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. 31

C F AX-21-03 Item 4. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/01/21 D S O H V A E L R APPLICATION: Lands of Indoor Tennis Inc at 633 Persimmon Tree Ln FILE #: AX-21-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is an annexation and rezoning request 2. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 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 32

Item 4. to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 4. If there is a sprinkler or fire alarm system, A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. 33

Item 4. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. An annual fire and life safety inspection will be required 2. City of Dover business license and public occupancy license will be required APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015NFPA 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. 34

Item 4. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Indoor Tennis, Inc. (633 Persimmon Tree Lane) FILE#: AX-21-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 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 comment on the Annexation. 2. At such time the property further develops, it is expected that DelDOT Subdivisions will need to review and approve the development. 3. At such time, the developer should schedule a pre-submittal meeting to discuss. 35

Item 4. From: Owens, Katherine (DNREC) To: Melson-Williams, Dawn Subject: EXTERNAL: Staff DAC Meeting 9/1/2021 Date: Tuesday, August 31, 2021 4:28:33 PM WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dawn, I won’t be able to attend the Staff DAC meeting on 9/1. KCD has no objection and no comments to provide for the annexation request and rezoning request for Lands of Indoor Tennis, Inc. at 663 Persimmon Tree Lane. Sincerely, Kate Owens Stormwater Engineer katherine.owens@delaware.gov Direct: (302) 608 – 5380 Kent Conservation District 1679 S. Dupont Highway Dover, DE 19901 Office: (302) 608 – 5370 www.kentcd.org 36

Item 4. Srnrn or Dnt,,lwane Exncurtvr Dnp,tntnrnNr Onprcr or Srnre Pr,lNNrNc CooRuNlrroN August 25,2021 Mr. David S. Hugg, III, AICP Planning Director City of Dover P.O. Box 475 Dover, DE 19903 RE: Minor Variation from City of Dover Comprehensive Plan Lands of Dover Indoor Tennis Request: Comprehensive Plan Amendment - Residential Low Density to Commercial- Entertainment Tax Parcel(s): 4-00-05800-01 -3200-00001 Dear Mr. Hugg, We have received your letter regarding the minor variation from the City of Dover Comprehensive Plan for the above referenced parcel and concur with your determination. There will be no PLUS review required for this project as per the terms of our Memorandum of Understanding. Please do not hesitate to contact me if you have any additional questions regarding this project. Sincerely, David L , AICP Director cc: Samantha Bulkilvish, Planner II, City of Dover Attachments: Minor Variation request from City of Dover L22 Martin Luther King Jr. Blvd. South - Haslet Armory 'Third Floor . Dover, DE 19901 Phone (302)739-3090' Fax (302) 739-566L. www. stateplanning.delaware.gov 37

Item 4. 38

Item 4. {.tty of TBober August 11,2021 David Edgell, AICP Office of State Planning Coordination l22Martin Luther King Jr. Blvd. South, Third Floor Dover, DE 19901 Via Email: David.Edgell@state.de.us RE: Minor Variation from Potential Land Use for Annexation Areas: Map 13-2 (2019 Comprehensive Plan) 633 Persimmon Tree Lane, Dover DE r Associated with Annexation Application AX-21-03 Lands of Dover Indoor Tennis at 633 Persimmon Tree Lane Dear Mr. Edgell: The City of Dover is in the process of considering Application AX-21-03 for Annexation and Zoning Map Amendment for a property on Persimmon Tree Lane. The purpose of this Application is to bring the parcel into the City for City Utilities and change the zoning to appropriately fit the existing use. The proposal was reviewed for compliance with Map 13-2: Potential Land Use for Annexation Areas and Table 12-l: Land Use and ZoningMatrix of the 2019 Comprehensive PIan (as amended). During review of the proposed zoning, it was determined that the Land Use Classification category of Residential Low Density as shown on the Potential Land Use for Annexation Areas Map was inconsistent with the request. The current use of the property as an Indoor Tennis Facility is not consistent with the Residential Low Density Land Use and corresponding zoning districts. See Summary Table below. Address Tax Parcel Property Current Proposed Current Proposed # Description Zoning Zoning Land Use Land Use Classification Classification 633 ED-00- 3.1707 AR RC Residential Commercial - Persimmon 058.00-01- acres lot Low Density Entertainment Tree Lane 32.00-000 with large building and parking area In review, we have determined that this is a Minor Variation in accordance with the provisions of our adopted Comprehensive Plan (Chapter l5 - Implementation, page 15-10). The following is the language regarding Minor Variations: 1. Minor Variations - Any application for rezoning or annexation that is inconsistent with the City of Dover's Comprehensive Plan, but where the non-conformity is of a minor, relatively insignificant nature shall be considered a minor variation. A rezoning shall be considered a minor variation from the Comprehensive Plan when the following conditions are met: a. The rezoning is of a unique circumstance and cannot set precedent for other lands in the vicinity of the rezoning, P. O. Box 475Dover, DE 19903 Gonmunity €sce[lence @rrorrgt @uslrtp Sprbicr 39

Item 4. Minor Variation Request for 633 Persimmon Tree Lane (AX-21-03) August ll,202l Page2 of2 b. The relative size of the rezoning or the variation from the land use recommended by the Comprehensive Plan is so minor that it would have no impact on the goals and objectives of the Comprehensive Plan, and c. The proposed zoning is adjacent to or in the immediate vicinity of other similarly zoned lands and would not alter the pattern of development in the area. The following Exhibits demonstrate the location of the Minor Variation; see attached Zoning Map Exhibit and Land Development Plan Map Exhibit. It appears that the existing use as an Indoor Tennis Facility was not taken into account when the Potential Land Use for Annexation Areas was determined during the development of the Comprehensive Plan. Dover Indoor Tennis has functioned as a tennis club at this location since the building was built in 1969. A land use change to Commercial Entertainment would be consistent with the exiting use and the neighboring properties to the north and west as it is adjacent to land of Dover International Speedway (zoned RC). With this letter and attachments, the Planning Office submits this request for the designation of Minor Variation for the property at 633 Persimmon Tree Lane, Dover. Our office entered into initial discussions on this project with the Offrce of State Planning Coordination nearly a year ago on September 1,2020. Should you have any questions, I can be reached at (302) 736-7 196 or compplan@dover. de.us. Sincerely, Department of Planning & Inspections David S. Hugg,III Planning Director E o'*'",'^A^ fi^ILrX,;J" Samantha Bulkilvish, AICP Planner II Enclosures: Zoning Map Exhibit Land Development Plan Map Exhibit Cc: File AX-21-03 40

Item 4. Gity of Dover @ Application No.: AX-21 -03 Department of Planning & lnspections RC Site RG-2 Tile: Lands of Dover lndoor Tennis lnc. Ordinance #: 2021-16 Addresses: 633 Persimmon Tree Lane Parcel lD: ED-00-058.00-01-32.00-000 Legend Existing Zoning: ARAgricultural Residential Zone Proposed Zoning: RC Recreational and Commercial Zone Subject Property Owner: Dover lndoor Tennis lnc. EI Dover Boundary Date: 0713012021 E Zoning Dover Parcels 1S5 390 780 Fest Kent County Parcels 41

Item 4. Gity of Dover @ Application No.: AX-21 -03 Department of Planning & lnspections Site ff t ll \1'R./\ Legend IH I Dover Boundary - Dover Parcels Tile: Lands of Dover lndoor Tennis lnc. Kent County Parcels Addresses: 633 Persimmon Tree Lane Parcel lD: ED-00-058.00-0 1 -32.00-000 Land Use Existing Zoning: AR (Agricultural Residential Zone) Active Agriculture Proposed Zoning RC (Recreational and Commercial Zone) Land Use 2019: Residential Low Density I Commercial Entertainment Minor Variation: Commercial - Entertainment Dover lndoor Tennis Inc. c/o Daniel D. Brengle ffi lndustrial Owner: Date: 0810912021 n Residential High Density Residential Low Density 195 390 780 F6st Residential Medium Density 42

Item 4. SUBJECT SUBJECT PARCEL PARCEL NE LA EE TR ON NE IM M LA S EE P ER TR ON ST AT M M E R SI RO PE UT E 1 LOCATION MAP 1"=400'± LOCATION MAP 1"=1,200'± 103 S. BRADFORD ST. DOVER, DE 19904 P.O. BOX 558 DOVER, DE 19903 T-302-744-9875 LC-00-058.00-01-32.00-00001 F-866-672-6428 DOVER INDOOR TENNIS, INC. 43

Item 5. City of Dover DATA SHEET FOR CONDITIONAL USE REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 8, 2021 PLANNING COMMISSION MEETING OF September 20, 2021 Plan Title: Destined for Greatness Learning Center, LLC C-21-05 Plan Type: Conditional Use Site Plan Property Location: North side of Fulton Street, west of the railroad corridor Property Address: 601 Fulton Street, Dover DE Tax Parcel: ED-05-076.08-01-14.00-000 Owner: Harrington Commercial, LLC Lessee: Sandy Barksdale Present Zoning: C-3 (Service Commercial Zone) Existing Use: Vacant tenant space Proposed Use: Child Daycare Center Site Area: 0.486 acres +/- (21,170 S.F) . Building Area: Existing Building: 3,610 S.F. Proposed Child Daycare Building Area: 1,911 S.F. Sewer and Water: City of Dover Waiver Requests: Elimination of Upright Curbing Partial Elimination of Sidewalks P. O. Box 475 Dover, DE 19903 44 Community Excellence Through Quality Service

Item 5. City of CITY OF DOVER Dover Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 8, 2021 APPLICATION: Destined for Greatness Learning Center at 601 Fulton Street FILE #: C-21-05 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Tracey Harvey PHONE #: (302) 736-7196 I. PLAN SUMMARY: This Plan is for review of the Conditional Use Site Plan to permit conversion of a 1,911 S.F. area in an existing 3,610 S.F. one-story building into a Child Daycare Center to serve 30 children. The property consists of one (1) parcel of land totaling 0.486 acres ± (21,170 S.F.). The property for the proposed development is zoned C-3 (Service Commercial Zone). The property is located on the north side of Fulton Street just west of the railroad corridor. The owner of record is Harrington Commercial, LLC. The property address is 601 Fulton Street. Tax Parcel: ED-05- 076.08-01-14.00-000. II. PROJECT DESCRIPTION: The subject area is a 1,911 S.F. vacant tenant space in an existing building. The Conditional Use Site Plan is only for a portion of the building and property. The applicant is proposing to occupy the existing vacant tenant space in the western side of the building as a Child Daycare Center that will serve 30 children. The proposed hours of operations are from 6:30 am to 6:00 pm Monday through Friday. An 800 S.F. outdoor fenced in playground area is proposed for the site at the south end of the building. III. ZONING REVIEW The property is zoned C-3 (Service Commercial Zone) and subject to the provisions of Zoning Ordinance, Article 3 Section 15. The property was previously zoned M (Manufacturing Zone) and rezoned to C-3 (Service Commercial Zone) with Application Z-11-05 approved by City Council at their September 12, 2011. This building space is not currently occupied as a Child Day Care Center. A Child Daycare Center requires Conditional Use approval by the Planning Commission based on the requirements noted in the Zoning Ordinance Article 5 §14 and Article 10 §1. The substantive requirements for Child Daycare facilities are given below: Article 5 Section 14 Child day care facilities. 14.1 General. In order to promote the development of quality child care outside of the home (day care facilities), the following two basic assumptions have been made: 45

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 2 of 9 14.11 The establishment of child day care services and facilities, wherever there is a need, is a necessary public objective; and 14.12 Day care programs for children shall be treated as community facilities and shall be permitted to locate in any zoning district, provided that need has been demonstrated, state licensing requirements have been met and no physical hazard to children can be reasonably anticipated. 14.2 Definitions. Child day care facility. For the purposes of this ordinance, the facilities described furnishing care, supervision and guidance of a child or group of children unaccompanied by a parent or guardian, for periods of less than 24 hours per day shall be defined as follows: 14.21 Child day care center. (a) Any place, other than an occupied residence, which receives children for compensation for day care or large family day care home; and (b) Any occupied residence which receives 13 or more children for compensation for day care. Child day care centers shall be required to obtain conditional use approval by the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10 and to any specified requirement set forth in subsection 14.3 below, except in zoning districts where listed as a permitted use. 14.22 Family day care home-children. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a family day care home is limited to that care given to six or fewer children with a maximum of three children allowed for after school care. Such child care facility shall be permitted as an accessory use in all residential zones and shall be exempt from obtaining a conditional use permit and site plan approval. 14.23 Large family day care home-children. A facility which provides child care for more than six, but less than 13 children with a maximum of three children allowed for after school care. This care may be offered in a private home or in a property converted to the purpose of providing child day care. This form of day care facility requires the submission of a site plan application in accordance with the procedures and subject to article 10, section 2 of the zoning ordinance. If a large family day care home is not to be located in an occupied residence, then a conditional use site plan application shall be required in accordance with article 10 section 1 of the zoning ordinance. 14.3 Zoning criteria. 14.31 Number of children. Child day care centers shall be limited to a maximum of 50 children in all residential zones. 14.32 Outdoor play area. Must meet the state requirement for day care centers. 14.33 Off-street parking/loading. One space per each adult attendant, plus one space for every ten children. 14.34 Signage for child day care facilities: (a) Signs in residential zones i. Family day care homes-children and large family day care homes-children. One wall- mounted sign limited to two square feet. 46

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 3 of 9 ii. Child day care center. One sign, wall-mounted or freestanding, limited in area to 12 square feet. The planning commission shall consider the location of such sign as part of the conditional use review and may approve a lesser amount of sign area if deemed necessary by the commission to protect the general health, safety and welfare of the public in general and the residents of the immediate neighborhood in particular. (b) Signs in nonresidential zones. Child day care centers within nonresidential zoning districts shall be governed by the sign regulations in effect for the particular nonresidential zoning district in which the day care center is located. 14.35 Licensing requirements. Child day care facilities must meet state licensing standards and must be inspected by the City of Dover Fire Marshal’s Office. A City of Dover Business License and a Public Occupancy Permit is required. Conditional Use Review With Conditional Use Applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications: This property is in a Service Commercial Zone; it is not located in a residential zone. ARTICLE 10. PLANNING COMMISSION Section 1. - Approval of conditional uses. On application and after public notice and hearing, the commission may authorize the issuance by the city planner of permits for any of the conditional uses for which this ordinance requires, in the district in which such use is proposed to be located. In approving any such use, the planning commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the expressed intent of this ordinance and the accomplishment of the following objectives in particular: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 47

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 4 of 9 If the Planning Commission approves a Conditional Use, the use is granted as a Conditional Use Permit. Such permits may be permanent, subject to limitations outlined in Zoning Ordinance Article 10 §1.41, or be required by the Commission to undergo periodic renewal, using the procedure described in Article 10 §1.42. Any Conditional Use Permit, permanent or not, may be revoked using the procedure described in Article 10 §1.43 if the conditions prescribed by the Commission in conjunction with the issuance of the Conditional Use Permit have not been, or are no longer being complied with. For a property seeking Conditional Use approval which does not need associated Site Development Plan approval (due to occupying an existing building), Article 10 §1.8 outlines the submission requirements. These requirements include a map of the property showing existing conditions with the appropriate legal data and information about the proposed use. IV. PARKING SUMMARY Child Daycare Centers require one parking space for every ten children and one parking space for every adult attendant. Based on the number of proposed children (30) and the number of adult attendants (4), a total of seven (7) parking spaces are required. The required number of adult attendants must be confirmed based on the age and number of children. The Site Plan dated July 2, 2021 indicates that there are twelve (12) existing parking spaces, including one (1) handicap parking space on the property near this portion of the building. Staff parking and drop off parking spaces have been identified on the Site Plan. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one (1) for every twenty (20) parking spaces. Based on the number of required parking spaces one (1) bicycle parking space is required. A bicycle parking rack is identified at the south end of the building. V. SITE CONSIDERATIONS Access The property has access from Fulton Street at the west end of the site that leads to a drive isle with direct access to twelve (12) parking spaces intended to serve the Day Care Center. There is additional access to the eastern end of the site from Fulton Street onto an informal gravel area that is being used as parking. This eastern site entrance does not appear to have a paved entrance apron. This eastern side of the site does not appear to have any formally designated parking areas or drive aisles, nor does it have access to the drive aisle or parking spaces to the west of the site. Dumpsters Dumpsters for trash collection are required for the utilization of the property. Based on the size of the tenant space, one (1) dumpster pad location and enclosure is required. The dumpster pad with fence enclosure is identified in the southwest corner of the site specifically for the Child Daycare Center use. Sidewalks Waiver Request: Partial Elimination of Sidewalk- Zoning Ordinance Article 5 §18 requires sidewalks to be installed along the public street frontages of a property. There is an existing sidewalk to the west of the existing drive-aisle entrance at the west end of the site, along the Fulton 48

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 5 of 9 Street frontage. There is no sidewalk however along the Fulton Street frontage east of this entrance point, nor does the plan appear to be proposing one. Article 5, Section 19.5 of the Zoning Ordinance allows for the Planning Commission to grant a Waiver from the requirements for a sidewalk provided sufficient need may be demonstrated. If so desired from the applicant, a written Waiver Request has been submitted to Planning Commission for consideration. A new concrete sidewalk is proposed on the Site Plan that will lead directly from the building to the outdoor play area which is proposed to be located between the formal drive aisle and parking areas to the west, and the more informal gravel surface to the east. There is at present no dedicated pedestrian access from Fulton Street onto the site or the main building; however the surface is paved. Curbing Waiver Request: Elimination of Upright Curbing- Curbing is required for all paved parking surfaces. The plan identifies existing curbing along the entrance of the site. Parking bumpers are proposed in front of the parking spaces. A Waiver Request for the elimination of curbing around the parking areas has been submitted to the Planning Office for consideration by the Planning Commission. VI. BUILDING ARCHITECTURE There were no elevation drawings submitted as this is an existing building to be occupied. The subject site contains one (1) existing single-story building, which appears to have both metal siding on the exterior, as well as a metal roof. The west end of the building has four small, vertical windows that face directly toward Fulton Street, while the eastern portion of the building appears to contain four (4) garage doors. The entrances to the building are located on the western and eastern sides of the building, and it is uncertain if there are any doors/ windows to the rear (northern side) of the building. The proposed Day Care facility is proposed for the western portion of the building only. Adjacent portions of the building (east side) appear to be a vacant tenant space and an attached 4 vehicle garage that will not be utilized for the Child Day Care Center. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping details indicating several existing trees. The total site area of 21,170 S.F. was utilized as the site development area for the tree planting calculation. A total of seven (7) trees are required. There are seven existing trees on the site along the west property line. Shrubbery (rose bushes) located in front of the outdoor play area will be removed from the site to prevent harm to the children. VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 49

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 6 of 9 1) Sidewalk must be provided along the entire street frontage of Fulton Street in accordance with the Zoning Ordinance unless a Waiver is granted by the Planning Commission. A written Waiver Request has been submitted for consideration by the Planning Commission. 2) Upright Curbing must be provided in accordance with the Zoning Ordinance unless a Waiver is granted by the Planning Commission. A written Waiver Request has been submitted for consideration by the Planning Commission. 3) Sheet 1/ Cover Sheet: a) Correct the Zoning to read “C-3 (Service Commercial Zone),” instead of “M (Manufacturing Zone).” b) Note the Impervious Lot Coverage as a percentage, in addition to the square footage provided. c) Identify the use of the eastern half of the building. d) Provide any information on parking facilities on the eastern portion of the site and clarify the extent of existing gravel area. e) Provide extra detail on the “Existing Curb” noted along the Fulton Street frontage that appears to be just north of the existing chain link fence, and beneath the noted Juniper Hedge Row. 4) Remove the additional number 1 on the Site Plan drawing label for the square footage of the proposed building area for the Child Daycare Center. Size label should read as 1,911 SF. Similarly correct the label size of the Outdoor Play Area to be 800 SF (Remove extra comma) 5) Identify the front and rear entrance into the building on the Site Plan for the Child Daycare Center. 6) The Child Daycare Center is subject to licensing with the State Division of Child Care Licensing. 7) The appropriate City of Dover Business Licenses and Public Occupancy Permits will need to be obtained prior to opening of the Child Day Care Center. IX. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §1, the Planning Commission in considering and acting upon Conditional Use Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 1.1 to 1.3. To meet these code objectives, Planning Staff recommends the Planning Commission prescribe the following conditions and safeguards: 50

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 7 of 9 1) Recommendation on Waiver Requests upon submission: a. Elimination of Curbing: Staff recommends approval of the request for the elimination of curbing in the parking areas along the edges. It appears that this pavement area is an existing condition on the site and only striping and signage improvements are being made. The parking bumpers are being shown. b. Elimination of Sidewalk: Staff would not recommend approval of a sidewalk waiver. While Staff does note that there are limited pedestrian facilities in the area, the condition of the Fulton Street frontage needs improvement. Implementation of the sidewalk may also require grading, grass seeding, and drainage improvements as it appears flooding may be a concern here. There also appear to be vehicles using the Right-of-Way along Fulton Street for parking in an inappropriate format, especially as it hinders already restricted pedestrian movement. 2) On-Site Parking: Staff notes that the improved (paved) parking area on the western portion of the site is being allocated to the Child Day Care Center tenant. Appropriate signage may be necessary to ensure other building tenants or other users in the vicinity do not park here. 3) Parking on Fulton Street: Noncompliant parking has been observed in the right-of-way on Fulton Street in front of this building. Specifically, vehicles have been noted as parking over the curb, perpendicular to the direction of vehicle traffic on the street. Such parking would inhibit pedestrian movement and, Planning Staff believes would further necessitate the implementation of sidewalk along the Fulton Street frontage. 4) Landscaping: Staff notes with the removal of the rose bushes in the planting bed near the building, this may present an opportunity for learning activities for the children such as gardening and/ or flower planting. X. ADVISORY COMMENTS TO THE APPLICANT: 1) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 2) Following Planning Commission approval of the Conditional Use Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 3) In the event, that major changes and revisions to the plan occur in the finalization of the site plan contact the Department of Planning and Inspections. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other commissions making recommendations in regards to the plan. 4) For a new use in an existing building, the requirements of the building code or fire code must be complied with. Consult with the Chief Building Inspector and the City of Dover Fire 51

Item 5. C-21-05 Destined for Greatness Learning Center - Child Daycare Center at 601 Fulton Street Final DAC Report of September 8, 2021 Page 8 of 9 Marshal for these requirements. The resolution of these items may impact the site design including such items as building access/egress, and fire protection needs, etc. 5) The applicant shall be aware that Conditional Use Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover in order to establish this use in the existing building. 6) The applicant shall be aware that Conditional Use Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 52

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JULY 28, 2021 APPLICATION: Destined for Greatness Learning Center FILE #: C-21-05 REVIEWING AGENCY: City of Dover Department of Public Works CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS STORMWATER 1. None. STREETS 1. The Department of Public Works supports the installation of sidewalk as required by the City of Dover Code of Ordinances. SANITATION 1. The plan indicates that trash collection will be contracted by the owner. The trash enclosure detail also indicates that the site will be served by one, fifty gallon (+/-) trash can. Our records indicate that this property is currently served by the City of Dover utilizing three, ninety gallon (+/-) trash cans. These cans are rolled out to the street for collection as our trash trucks are unable to maneuver the site. City trash services must be canceled for the property in conjunction with the proposed development. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. 53

CITY OF DOVER Item 5. DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JULY 28, 2021 APPLICATION: Destined for Greatness Learning Center FILE #: C-21-05 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Due to the fact that this property is changing uses, water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan, if an upgrade is required. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. WASTEWATER 1. Our office has no objection to the conditional use proposed for the subject property. 2. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. All proposed wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. Water impact fees may be associated with this project. 2. One meter shall be utilized for the entire building. WASTEWATER 1. Wastewater impact fees may be associated with this project. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 54

C F C-21-05 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: 07/28/21 D S O H V A E L APPLICATION: Destined for Greatness Learning Center R FILE #: C-21-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is daycare. NFPA 101, A.16.1.1 Suggested Staff to Client Ration in New and Existing Day-Care Occupancies Staff to Client Ratio Age (months) 1:3 0-24 1:4 25-36 1:7 37-60 1:10 61-96 1:12 97 plus 1:3 Clients incapable of self-preservation If staff to client ratios are below those suggested above, the AHJ shall determine the additional safeguards (this may include restricting the daycare to level of exit discharge only, requiring additional smoke detection, requiring automatic sprinkler protection, requiring better or additional means of egress, requiring similar types of provisions depending on the situation). 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 25% if sprinklered, 50% if not sprinklered, and clearly shown on the plans. 55

Item 5. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover N/A of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 56

Item 5. 11. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 12. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 13. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 14. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 15. NFPA 72 compliant Fire Alarm System required per occupancy code requirements. 57

Item 5. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 16. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. 58

Item 5. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 17. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 18. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 59

Item 5. 19. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 20. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 21. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, 60

Item 5. 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) 22. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 23. 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. 24. Project to be completed per approved Site Plan. 25. Full building and fire plan review is required. 26. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans 61

Item 5. and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 27. Construction or renovations cannot be started until building plans are approved. 28. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 29. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. An onsite meeting has taken place with the tenant, owner, architect, Building Inspector, and Fire Marshal. 2. This is a change in occupancy classification. Plans from an authorized/licensed design professional are required to be submitted to the Chief Building Inspector showing how code compliance will be achieved with the new occupancy. This submittal needs to be approved by the Chief Building Inspector. 3. When the above submittal is submitted, it shall show if a sprinkler system is required per NFPA 101, Table 16.1.6.1 and the IBC 4. Current building is partially sprinklered. If a sprinkler system is required, a discussion will need to take place with the sprinkler contractor to see if this system can be extended or if a new system needs to be installed. 5. Current building is partially sprinklered. If a sprinkler system is not required, this system still needs to remain in place and maintained. 6. When item # 1 is submitted, the submittal must also show the occupancy classification of the other areas of the building and any required separation needed 7. If Fire Lanes are being installed, confirm that there is 15’ between the parking and the building. (Fire Lane may be provided due to item # 2 listed above). 8. Confirm that item # 4 listed above is in compliance (perimeter access) 9. Gate will need access as well as panic hardware if it is an egress path 10. Currently there isn’t a business license for the property. Code Enforcement is opening a case in reference to unregistered vehicles and junk and debris on the property. 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. 62

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Destined for Greatness Learning Center (601 Fulton Street) FILE#: C-21-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The property is located on a City of Dover maintained road. 2. DelDOT recommends walking facilities across the property frontage be installed to comply with the State of Delaware Strategy level of the property. 63

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 August 2021 APPLICATION: Destined for Greatness Learning Center FILE #: C-21-05 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 Conditional Use Site Plan for 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. 64

Item 5. 65

Item 5. 66

Item 5. Destined for Greatness Learning Inc will provide childcare services for ages 6months through 11yrs of age. Our tentative days and hours of operations is 6:30an-5:30pm Monday through Friday. We will provide school transportation to and from schools within a 5 mile radius. We will also provide meals such as breakfast, lunch and snack. 67

Item 5. REVISIONS BY SITE SITE N.O.F. MICHAEL J. BANDURSKI D0342/332 ZONED:IPM 134.24' ED-05-076.08-01-01.01-000 FCM CE EXISTING 6' HIGH CHAIN LINK FEN N 71° 34'39" E 32 32 EXISTING HVAC 32.27 NEW SIGN W.M. "STAFF PARKING ONLY" SEE C2 33 LOCATION MAP SCALE = 1" = 1,200'± LOCATION MAP SCALE = 1" = 1,200'± NEW SIGN 33 "STAFF PARKING ONLY" SEE C2 CONDITIONAL USE SITE PLAN DATA COLUMN: RADI 20' REAR SETBACK EXISTING GREEN DAYCARE NAME: DESTINED FOR GREATNESS LEARNING CENTER, INC. 3 ASH TREE TO EXISTING BUILDING REMAIN (DBH >12") NEW SIGN US: ADDRESS: 601 FULTON STREET, DOVER, DELAWARE 19901 "STAFF PARKING 00' EXISTING CONCRETE ,783. ONLY" SEE C2 33 HOURS & DAYS OF OPERATION: MONDAY -- FRIDAY 6:30 AM TO 6:00 PM; SATURDAY AND SUNDAY CLOSED EXISTING BLACK EXISTING PAVEMENT CHERRY TREE TO OWNER'S NAME & ADDRESS: HARRINGTON COMMERCIAL, L.L.C., 736 NORTH DUPONT HIGHWAY, DOVER, DE 19901 REMAIN (DBH >12") LE ARC NEW SIGN "STAFF PARKING TAX MAP NUMBER: ED-05-076.08-01-14.00-00001 ONLY" SEE C2 NGTH LOT AREA: 21,170± S.F. / 0.486 ACRES EXISTING CONCRETE .88' EXISTING TRUCK LOADING LIFT ZONING: M (MANUFACTURING ZONE) DESTINED FOR : 144 EXISTING MULBERRY TREE TO NEW SIGN "HANDICAP PARKING TYPE OF SOILS: SASSAFRAS SANDY LOAM REMAIN (DBH >12") 33.15 ONLY" SEE C2 GREATNESS LEARNING CHOR EXISTING PAVEMENT OCCUPANCY TYPE: PROPOSED GROUP I-4 DAYCARE RAIL EXISTING BLACK CHERRY TREE TO CENTER, INC. D BE BUILDING AREA: 3,610 S.F., EXISTING 20' SIDE SETBACK REMAIN (DBH >12") 1,1911 S.F. ARIN DAYCARE AREA: 1,911 S.F. PROPOSED DAYCARE EXIS N.O.F. G: S ROAD 6' HIG DELAWARE R.R. REAL CHANGE TO IMPERVIOUS: EXISTING IMPERVIOUS: 9,047 S.F. TING ESTATE AGENT GRAVEL TO BE REMOVED AT OUTDOOR PLAY: < 550 > S.F. 32°0 ED-05-076.08-01-45.00-000 NEW CONCRETE SIDEWALK ON GRASS: 125 S.F. H CH DUMPSTER PAD ON EXISTING GRASS: 25 S.F. 1'26 E 25'-4"± 24'-0" IN TOTAL AT COMPLETION: 8,647 S.F. NEW SIGN AIN L "DROP-OFF NUMBER OF CHILDREN & ADULTS: 30 CHILDREN AND 4 ADULTS K FE EXISTING BLACK D CHOR CHERRY TREE TO ZONE" SEE C2 EXISTING GRAVEL REMAIN (DBH >12") NCE REQUIRED PARKING: 30 CHILDREN ÷ 10 CHILDREN PER SPACE = 3 PARKING SPACES 20' S 4 ADULTS ÷ 1 ADULT PER SPACE = 4 PARKING SPACES 10'-0" : ANCE 32 TOTAL REQUIRED = 7 PARKING SPACES IDE S NEW POLE MOUNTED DIST NEW SIGN FLOOD LIGHT ON BIKE RACK REQUIRED FOR MINIMUM 2 BIKES EXISTING CONCRETE "DROP-OFF 33 ETBA EXISTING UTILITY POLE, ZONE" SEE C2 SEE DETAIL ON C2 ACTUAL PARKING: EXISTING: 12 SPACES, INCLUDING 1 ACCESSIBLE SPACE. NONE ARE PROPOSED. 4 SPACES WILL HAVE SIGNAGE FOR 144.8 CK "STAFF ONLY." 4 SPACES WILL HAVE SIGNAGE "FOR DROP-OFF ONLY." NEW BIKE RACK FOR UP TO 5 BICYCLES IS SHOWN. 33 7' NEW SIGN PEDESTRIAN CONNECTIVITY: NEW PEDESTRIAN SIDEWALK CONNECTS PARKING AREA TO REAR DOOR THROUGH OUTDOOR PLAY AREA. EXISTING BLACK "DROP-OFF DESTINED FOR GREATNESS CHERRY TREE TO ZONE" SEE C2 REMOVE SITE LIGHTING: EXISTING STREET LAMP ILLUMINATES THE ENTRANCE. ONE NEW POLE MOUNTED LED DOWN-LIGHT IS SHOWN SECURED TO REMAIN (DBH >12") EXISTING UTILITY POLE TO ILLUMINATE THE PARKING LOT. KNOCKOUT ROSE 25'-0" BUSHES PAINT: ALL STRIPING IS EXISTING. NEW SIGN 32 "DROP-OFF 33 EMERGENCY SERVICES EXISTING BLACK ZONE" SEE C2 33 PERIMETER ACCESS: PER CITY FIRE MARSHAL, PERIMETER ACCESS SHALL BE 50% AND BE CLEARLY MARKED ON THE PLANS. PER DSFPR CHERRY TREE TO 40' FRONT SETBACK 32 705.4.5, MINIMUM WIDTH OF PERIMETER ACCESS SHALL BE 15' FROM FACE OF BUILDING, AT GRADE, WITH A MAXIMUM REMAIN (DBH >12") SLOPE OF 10%. PARKING SHALL NOT BE LOCATED CLOSER THAN 15' FROM THE FACE OF THE BUILDING. ACTUAL: PERIMETER ACCESS IS 220' OF THE EXISTING 329' PERIMETER, FOR 67%, AS SHOWN ON THE PLANS USING NEW 31 FIRE LANE AND DASHED LINE. PARKING IS EXISTING AND IS 7'± FROM FACE OF BUILDING. NEW CONCRETE SIDEWALK NEW BIKE RACK SEE C2 NEW 5' GATE DESIGN OF FIRE LANES: PER CITY FIRE MARSHAL, FIRE LANES SHALL COVER 25% OF THE BUILDING. PER DSFPR 705.6.2, WIDTH OF FIRE LANES SHALL BE MINIMUM 24' WIDE. PER 705.6.4 AND 705.6.5, THE CLOSEST EDGE OF FIRE LANES SHALL BE MINIMUM 10' AND 10'-0" NO FURTHER THAN 50' FROM THE EXTERIOR WALL OF THE BUILDING. PER 705.6.4.1, WHERE PARKING IS LOCATED BETWEEN NEW OUTDOOR EXISTING 6' HIGH CHAIN LINK FENCE 31 BUILDING AND FIRE LANE, PARKING SHALL BE MINIMUM 15' FROM THE EXTERIOR WALL OF THE BUILDING. PLAY AREA ACTUAL: NEW FIRE LANE IS SHOWN AND COVERS 85' OF THE PERIMETER, FOR 26%. THE CLOSEST EDGE OF THE FIRE 601 WEST FULTON STREET N.O.F. LEARNING CENTER, INC. HARRINGTON COMMERCIAL, LANES FROM THE EXTERIOR WALL OF THE BUILDING IS 25'-4"±. L.L.C. 8,00± S.F. TENANT FITOUT FOR D3312/169 FIRE LANE LINES AND PAINTED "FIRE" AND ZONED: 1PM "LANE," MINIMUM 10' HIGH, SPACED NO MORE MARKING OF FIRE LANES: PER DSFPR 705.7, BOTH INNER AND OUTER EDGES OF THE FIRE LANE SHALL BE MARLED WITH 4" WIDE SOLID YELLOW ED-05-076.08-01-13.00-000 THAN 30' APART. STRIPING SHALL BE 4" WIDE. REMOVE 550± S.F. EXISTING DEMARCATION LINE. FIRE LANE SIGNS SHALL BE LOCATED MAXIMUM 150' APART AND PLACED AT THE BEGINNING AND END OF ONLY VIVID AND DURABLE YELLOW PAINT 736 NORTH DUPONT GRAVEL AND REPLACE WITH THE FIRE LANE, FACING ONCOMING TRAFFIC, AT 6' TO 8' ABOVE THE PAVEMENT. WHERE PARKING IS RESTRICTED, "NO PARKING" N 16° 04'23" W ACCEPTED BY DELDOT SHALL BE USED AND DOVER, DELAWARE 19904 HIGHWAY, GRASS IN NEW OUTDOOR SHALL BE PAINTED IN THE SPACE WITH WORDS MINIMUM 6' HIGH AND 12' IN LENGTH. WHERE PARKING IS NOT RESTRICTED, DOVER, DE 19901 SHALL BE SUITABLE FOR STREET SURFACES PLAY AREA ROADWAY MARKINGS SHALL USE THE WORDS "FIRE" AND "LANE," IN LIEU OF SIGNS, MINIMUM 10' HIGH, SPACED NO MORE THAN NEW 5' x 5' NEW 6' HIGH CHAIN LINK 30' APART, REPEATED AT 100' INTERVALS. ALL STRIPING SHALL BE 4" WIDE. ONLY VIVID AND DURABLE PAINT SHALL BE USED AND CONCRETE PAD FENCE, WHITE SLATS ON EXISTING 4'± HIGH SEA GREEN SHALL BE SUITABLE FOR STREET SURFACES. YELLOW PAINT USED FOR FIRE LANES SHALL BE THE ACCEPTED YELLOW AS UTILIZED AND TRASH EAST SIDE, TIE INTO BY DELDOT. EXISTING 6'± HIGH ENCLOSURE EXISTING FENCE JUNIPER HEDGE ROW EXISTING 6' HIGH EXISTING CURB SEA GREEN ACTUAL: FIRE LANE SIGNS AT THE BEGINNING AND END OF THE FIRE LANE ARE SHOWN, AND ARE 124'± APART. CHAIN LINK EXISTING 6' HIGH JUNIPER NEW "FIRE ROLLING GATE CHAIN LINK 32 DEMARCATION LINES AND "FIRE" "LANE" MARKINGS ARE SHOWN. LANE" SIGN, ROLLING GATE EXISTING STREET LIGHT REFER C2 EXISTING 6' HIGH CHAIN LINK FENCE OUTDOOR PLAY AREA: REQUIRED OUTDOOR PLAYGROUND AREA = 75 S.F. x (.25 x NO. OF CHILDREN) 75 S.F. x (.25 x 30) = 75 S.F. x 8 = 600 S.F. REQUIRED FIRC 173.94 ACTUAL = 800± S.F. PROPOSED FENCED IN OUTDOOR PLAY AREA SHOWN S 73° 55'37" W FIRC 32 32 32 EXISTING CONCRETE TREES: 21,170 S.F. ÷ 3,000 S.F. PER TREE = 7 TREES REQUIRED ACTUAL: 7 TREES AND HEDGEROW ARE EXISTING TO BE PRESERVED, AS SHOWN. KNOCKOUT ROSES WITH BARBS THAT CONDITIONAL 32.26 EXISTING CONCRETE C.S. MAY HARM CHILDREN SHALL BE REMOVED. USE SITE PLAN TRASH COLLECTION: PROPOSED LOCATION OF NEW SCREENED DUMPSTER IS SHOWN. TRASH COLLECTION SHALL BE CONTRACTED BY OWNER. NO TRASH WILL ACCUMULATE ON THE SITE. AND DATA EXISTING CURB 31 32 OWNER CERTIFICATION: WE, HARRINGTON COMMERCIAL, L.L.C., HEREBY CERTIFY THAT WE ARE THE OWNER AND LESSOR OF THE PROPERTY COLUMN EMERGENCY SERVICES PERIMETER ACCESS = 67% OF BUILDING PERIMETER DESCRIBED AND SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION, AND THAT I ACKNOWLEDGE THE SAME TO BE ACT AND DESIRE THE PLAN BE DEVELOPED AS SHOWN IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS EX.S DATE: SIGNATURE: (OWNER/LESSOR) DRAWN MICHAEL J. HARRINGTON, SR. T.B. & MAS FULTON STREET CHECKED ( IN FEET ) W.B. ARCHITECT CERTIFICATION: I, WILLIAM BYLER, JR, HEREBY CERTIFY THAT I AM A REGISTERED ARCHITECT IN THE STATE OF DELAWARE, THAT THE 0' 20' 40' 60' INFORMATION SHOWN HERON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND DATE BELIEF REPRESENTS GOOD ARCHITECTURAL PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF 7-2-2021 DELAWARE 60' WIDE RIGHT OF WAY SCALE NOTED 1 inch = 10 ft. DATE: SIGNATURE: (ARCHITECT) JOB NO. WILLIAM BYLER, JR. C1487-0621 1 CONDITIONAL USE SITE PLAN N SHEET 31 DRAWING LIST: C1 31 EXISTING CURB TRUE C1 CONDITIONAL USE SITE PLAN AND DATA COLUMN 1" = 10' NORTH C2 CONDITIONAL USE ENLARGED SITE PLAN AND DETAILS OF SHEETS 68

Item 5. REVISIONS BY PHOTO CONTROL CELL 250 WATT LED DOWN-LIGHT FIXTURE ATTACHED TO EXISTING RED LETTERS BLUE LETTERS UTILITY POLE, BASIS OF DESIGN BLACK LETTERS BLACK LETTERS SYMBOLS & SYMBOLS & 250 WATT LED PARKING LOT LIGHT & BORDER 1'-0" BY SUPERIOR LIGHTING WITH TYPE & BORDER BORDER BORDER 3 OPTICS, POLE MOUNT, AND PHOTO RESERVED NO CONTROL CELL BACKGROUND DAYCARE BACKGROUND PARKING WHITE BACKGROUND STAFF ________ WHITE WHITE BACKGROUND WHITE EXISTING UTILITY POLE PARKING DROP-OFF 1'-6" ONLY AREA 2" Ø GALVANIZED 2" Ø GALVANIZED 2" RND. GALV. 2" RND. GALV. 6'-0" MINIMUM STEEL PIPE STEEL PIPE STEEL PIPE STEEL PIPE 18' TO 20' ABOVE GRADE, FIELD VERIFY EXISTING EXISTING EXISTING EXISTING GRADE GRADE GRADE PAVING 1'-9" CONCRETE CONCRETE CONCRETE CONCRETE 8" NOTE: STAFF PARKING SIGNS AT BUILDING DO NOT NEED PIPE AND SHALL BE ATTACHED TO THE CMU WALL 1 DOWNLIGHT 2 STAFF PARKING 3 DROP OFF AREA 4 "FIRE LANE" 5 ADA PARKING DETAIL SIGN ELEVATION SIGN ELEVATION SIGN ELEVATION SIGN ELEVATION 3/4" = 1'-0" 1/2" = 1'-0" 1/2" = 1'-0" 1/2" = 1'-0" 1/2" = 1'-0" EXISTING BLACK CHERRY TREE TO REMAIN (DBH >12") FIRE LANE LINES AND PAINTED "FIRE" AND "LANE," MINIMUM 10' HIGH, SPACED NO MORE THAN 30' APART. STRIPING SHALL BE 4" WIDE. ONLY VIVID AND DURABLE YELLOW PAINT ACCEPTED BY DELDOT SHALL BE USED AND SHALL BE SUITABLE FOR STREET SURFACES EXISTING 6' HIGH CHAIN LINK FENCE DESTINED FOR GREATNESS 8" 5'-0" SOLID VINYL FENCE WITH "V' GROVES TO SIMULATE PICKETS, HEIGHT = MINIMUM 7'-0" ABOVE GRADE, TYPICAL 3 SIDES 4'-0" 4"± SQUARE VINYL WRAPPED POST SECURED TO CONCRETE WITH 1" STANDOFF BASE, TYPICAL FOR FOUR 5'-0" x 5'-0" x 6" THICK CONCRETE PAD ON 4" GRAVEL 8 LEARNING CENTER, INC. 601 WEST FULTON STREET C2 5'-0" 4'-0" 36" TO 40" WIDE SOLID VINYL GATE WITH "V" GROOVES TO TENANT FITOUT FOR SIMULATE PICKETS, HEIGHT = MINIMUM 7'-0" ABOVE GRADE. PROVIDE HINGES AND LATCH 50± GALLON ROLLING TRASH CAN BY TENANT SOLID VINYL FENCE WITH "V' GROVES TO SIMULATE PICKETS, HEIGHT = DOVER, DELAWARE 19904 MINIMUM 7'-0" ABOVE GRADE, N 16° 04'23" W EXISTING 6'± HIGH SEA GREEN JUNIPER TYPICAL 3 SIDES 7 C2 4"± SQUARE VINYL WRAPPED POST SECURED TO CONCRETE, TYPICAL 12'-7"± -- FIELD VERIFY FOR FOUR 36" TO 40" WIDE SOLID VINYL GATE 7'-0" MINIMUM 7'-0" MINIMUM WITH "V" GROOVES TO SIMULATE PICKETS, HEIGHT = MINIMUM 7'-0" ABOVE GRADE. PROVIDE HINGES NEW "FIRE LANE" AND LATCH SIGN, REFER 4/C2 SITE DETAILS EXISTING STREET LIGHT EXISTING UTILITY POLE 1" STANDOFF BASE, TYPICAL 173.94 EXISTING ASPHALT DRIVE 5'-0" x 5'-0" x 6" THICK CONCRETE PAD ON 4" GRAVEL 32 EXISTING GRADE DRAWN EXISTING CONCRETE ENTRANCE T.B. & MAS EXISTING CONCRETE SIDEWALK CHECKED W.B. DATE 7-2-2021 SCALE NOTED 6 PLAN DETAIL 7 ELEVATION OF 8 ELEVATION OF TRASH JOB NO. C1487-0621 SHEET AT TRASH ENCLOSURE TRASH ENCLOSURE ENCLOSURE AT GATE 1/4" = 1'-0" 3/4" = 1'-0" 3/4" = 1'-0" C2 OF SHEETS 69

Item 6. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The following excerpt from the Zoning Ordinance is provided. Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval. 2.28 Consideration shall be given to the physical orientation and architectural characteristics of proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed buildings, and their contributions to the overall image of the immediate vicinity by considering the building and architectural design guidelines as set forth in article 5, section 19. Design characteristics of proposed buildings and building additions shall not detract or devalue existing buildings in the immediate vicinity. (A) If the planning commission determines that the proposed physical orientation and architectural characteristics of the proposed buildings do not meet the intent and objectives of this section, then the planning commission shall refer the proposal to the architectural review oversight subcommittee for review and comment. (B) The subcommittee shall meet and review the proposal with the applicant, and return its comments to the planning commission by the next regularly scheduled meeting. (C) The architectural review oversight subcommittee shall be appointed by the commission at its annual meeting, and membership shall consist of two planning commission members, and two design professionals with experience in construction, and the mayor or the mayor's designee. Two alternate design professionals with experience in construction shall also be appointed. At the July 19, 2021 Meeting of the Planning Commission, the following individuals were appointed to the Architectural Review Oversight Subcommittee of Planning Commission. o Kathleen Welsh, Planning Commission member o Kenneth Roach, Planning Commission member o Mayor or Mayor’s designee The Planning Commission at their July 19, 2021 also acted regarding the appointment two Design Professional members to the Subcommittee pending confirmation of their availability. Planning Staff was directed to confirm their availability and to report back to the Planning Commission. No other Design Professionals as Alternates were appointed. o Dr. R.J. Chandler, Faculty member of Architecture program at DelTech Community College, Design Professional o Ms. Sarah Keifer, Director of Planning Services for Kent County, Design Professional The Planning Commission as part of their Annual Meeting must act to appoint the membership of the Architectural Review Oversight Subcommittee. In July, the Planning Commission acted to appoint the membership of the Architectural Review Oversight Subcommittee as noted above.  Planning Staff has contacted the proposed Design Professional members to discuss their availability and will report on their status at the meeting. o Dr. R. J. Chandler confirmed his ability to serve. o We are still waiting on confirmation from Ms. Sarah Keifer. Selection for Architectural Review Oversight Subcommittee of the Planning Commission Summary for 9-2021 70