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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, September 17, 2012 – 7:00 P.M. City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of August 20, 2012 ADOPTION OF MINUTES OF QUARTERLY WORKSHOP of August 21, 2012 COMMUNICATIONS & REPORTS 1) An Audio/Web Conference entitled “Planning Mistakes: Accessing, Learning, Adapting” will be held on October 10, 2012 from 4:00pm-5:30pm at the Kent County Administrative Building, Room 220. The session is co-sponsored by the Delaware Chapter of the American Planning Organization (APA) and the Kent County Department of Planning Services. 2) Reminder: The next Planning Commission regular meeting is scheduled for October 15, 2012 at 7:00pm in the City Council Chambers. 3) Report on City Council actions 4) Update on other Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a) S-10-17 Duncan Plaza at 600 Forest Street – Request for an extension of the Planning Commission approval granted on September 20, 2010 with the one year extension of September 19, 2011 for a Site Development Plan and Architectural Review Certification for construction of a four story 32,624 S.F office building with coffee shop and the associated site improvements. The project site is zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone) and the SWPOZ (Source Water Protection Overlay Zone). The property site is located on the south side of Forest Street just west of the intersection of West Loockerman Street, South Kirkwood Street, and Slaughter Street. The owner of record is 1776 Investments & Holdings (Robert Duncan). Property Address: 600 Forest Street. Tax Parcel: ED-05-076.12-02-44.00-000. (Parcel ED-05- 076.12-02-45.00-000 is reputed to be a City of Dover owned parcel). Council District 4. Final Site Plan approval has not been granted. b) S-10-21 NBR Properties at 850 New Burton Road – Request for an extension of the Planning Commission approval granted on September 20, 2010 with a one year extension of September 19, 2011 for a Site Development Plan to permit the construction of a 20,000 S.F. office building with the associated site improvements on a 1.671 acre parcel. The property is zoned C-1A (Limited Commercial Zone). The property is located southwest of the

City of Dover Planning Commission Agenda Public Hearing: September 17, 2012 Page 2 of 3 intersection of New Burton Road/Queen Street and West Street. The owner of record is NBR Properties, LLC. Property Address: 850 New Burton Road. Tax Parcel: ED-05-76.00- 01-23.00-000. Council District 2. Final Site Plan approval was issued on January 30, 2012; however, construction has not commenced. NEW BUSINESS 1) Consideration of Revocation of Conditional Use Permit: a) C-08-01 House of Pride at Properties on North New Street and South New Street – Public Hearing and Consideration of Revocation of the Conditional Use Permit for the House of Pride properties, a philanthropic use and social service agency, including a residential recovery program and transitional housing. The project is located on seven (7) properties on North New Street and South New Street. The application involved the establishment of a multi-use philanthropic use relating to substance abuse prevention, intervention, treatment, education, and aftercare. The buildings include office, recovery houses, and transitional houses. The properties are zoned RG-1 (General Residential Zone) with the exception of 105 South New Street which is zoned C-2 (Central Commercial Zone). The owner of record is The House of Pride, Inc. The property addresses and associated tax parcels numbers are listed below. Council District 4. 20 North New Street ED-05-076.08-05-20.00-000 29 South New Street ED-05-077.05-03-10.00-000 37 South New Street ED-05-077.05-03-08.00-000 38 South New Street ED-05-076.08-05-84.00-000 55-57 South New Street ED-05-077.05-03-02.00-000 105 South New Street ED-05-077.09-01-37.00-000 110 South New Street ED-05-077.09-01-31.00-000 ***Initial approval of the Conditional Use by the Planning Commission on January 22, 2008. At the January 18, 2011 meeting, the Planning Commission acted to provisionally continue the Conditional Use Permit and required that it be subject to annual review by the Planning Commission. At the September 19, 2011 the Planning Commission acted to provisionally continue the Conditional Use Permit and directed the Annual Review to occur in July 2012. The Annual Review by the Planning Commission was rescheduled from the July meeting to the August 20, 2012 meeting to allow for completion of property inspections. However, after review of the Inspection Reports the Planning Office initiated the Process for Revocation of the Conditional Use. NEW DEVELOPMENT APPLICATIONS 1) C-12-06 Dover First Christian School at 647 Wyoming Avenue – Public Hearing and Review of a Conditional Use Site Plan to allow for the construction of a 4,000 SF school building and associated site improvements. The application also includes a Conditional Use to allow for the temporary use of the existing hall within the church as the school. The property is zoned R-8 (One Family Residence Zone). The property is located on the north side of Wyoming Avenue east of New Burton Road and west of Woodford Drive. The owner of record is Seventh Day Adventist Church. Address: 647 Wyoming Avenue. Tax Parcel: ED-05-76.20-01-78.00-000. Council District 2. Waiver Requests: Elimination of Sidewalk along New Burton Road,

City of Dover Planning Commission Agenda Public Hearing: September 17, 2012 Page 3 of 3 Elimination of Sidewalk along Konschak Avenue, Elimination of Upright Curbing, Reduction in Parking 2) S-12-15 DelTech Office of the President Building Addition – Public Hearing and Review of a Site Development Plan to allow for the construction of building additions totaling 6,029 S.F. to the existing Office of the President/Administration Building and associated site improvements on the campus of Delaware Technical Community College: Terry Campus. The subject parcel of land is zoned IO (Institutional/Office Zone). The property is located on the west side of North DuPont Highway south of West Denneys Road and north of Scarborough Road. The owner of record is State of Delaware - Delaware Technical Community College. Address: 100 Campus Drive. Tax Parcel: ED-05-057.00-01-01.00-000. Council District 3. Waiver Requests: Elimination of Loading Space, Partial Elimination of Curbing 3) S-12-16 Dick’s Sporting Goods at the Dover Mall – Public Hearing and Review of a Site Development Plan to allow for the construction of a 53,183 SF addition and associated site improvements to the existing mall. The subject parcel of land is zoned SC-3 (Regional Shopping Center Zone) and are subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The property is located on the east side of North DuPont Highway south of Rustic Lane. The owner of record is Dover Mall, LLC. Address: 1365 North DuPont Highway. Tax Parcel: ED-05-057.00-01-14.00-000. Council District 3. Waiver Request: Reduction in Bicycle Parking Spaces ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS. Posted Agenda: September 7, 2012 at 11:45am

CITY OF DOVER PLANNING COMMISSION August 20, 2012 The Regular Meeting of the City of Dover Planning Commission was held on Monday, August 20, 2012 at 7:00 PM with Chairman Welsh presiding. Members present were Mr. Baldwin, Mr. Shomo, Mr. Tolbert, Mr. Holt, Mr. Ambruso, Colonel Welsh, Mrs. Still and Mr. Holden. Mr. Nichols was absent. Staff members present were Mrs. Townshend, Ms. Cornwell, Mrs. Melson-Williams, Ms. Duca, and Ms. Metsch. Also present were Mr. Mark Dunkle, Mr. Phillip McGinnis, Mr. Kevin Minnich, Mr. William Boyles, and Mr. Conny Malmberg. Mrs. Townshend stated that Staff would request that an amendment be made to the agenda to move Item #1 under New Business: MI-12-21 Garrison Energy Center, LLC to before New Development Applications following Old Business. APPROVAL OF AGENDA Mr. Tolbert moved to approve the agenda as amended, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JULY 16, 2012 Mr. Shomo moved to approve the regular Planning Commission meeting minutes of July 16, 2012, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. COMMUNICATIONS & REPORTS Mrs. Townshend stated that the Planning Commission Quarterly Workshop will be held tomorrow, August 21, 2012 at 4:00 PM in the City Hall Conference Room. There will be guest speakers to provide Fair Housing training. The next regularly scheduled Planning Commission meeting will be held on September 17, 2012 at 7:00 PM in the City Hall Council Chambers. Mrs. Townshend provided an update on the regular City Council meeting of July 23, 2012 and the regular City Council and the Parks, Recreation and Community Enhancement Committee meetings of August 13, 2012. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Townshend presented the audience information on policies and procedures for the meeting. OLD BUSINESS C-10-02 The Arbors at 1051 College Road – Request for a one year extension of the Planning Commission approval granted August 16, 2010 with the one year extension of July 18, 2011 for the Conditional Use Site Plan to permit the construction of a 55,350 S.F. multi-family building with 48 total units (condominium style units) and associated site improvements. The project is located on one parcel of land totaling 4.32 acres ± and is zoned RG-2 (General Residence Zone). The subject area is located on the north side of College Road, just west of McKee Road. The owner of record is JNK, LLC. Tax Parcel: ED-05-067.00-01-35.03-000. Council District 1. Representative: None

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 Mrs. Melson-Williams stated that the Planning Commission considered this application as a Conditional Use Site Plan application for a multi-family residential building in August of 2010. It was conditionally approved at that time giving them one year to finalize their plan and start construction; however, in July 2011, they sought and were successful in receiving a one (1) year extension from the Planning Commission which lengthened their conditional approval until August of 2012. They are in the process and have not finalized their plan at this point; therefore, construction has not commenced. They are eligible for the one year extension request due to the amendments to the Zoning Ordinance for Article 10 that occurred last summer which allowed any project that remained in good standing to be eligible for up to a total approval timeframe of three (3) years. There were no questions raised from any of the Planning Commission members at this time. Mr. Tolbert moved to approve a one year extension for C-10-02 The Arbors located at 1051 College Road, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. C-08-01 House of Pride at Properties on North New Street and South New Street – Annual Review of the Conditional Use Permit for the House of Pride properties, a philanthropic use and social service agency, including a residential recovery program and transitional housing. The project is located on seven (7) properties on North New Street and South New Street. The application involved the establishment of a multi-use philanthropic use relating to substance abuse prevention, intervention, treatment, education, and aftercare. The buildings include office, recovery houses, and transitional houses. The properties are zoned RG-1 (General Residential Zone) with the exception of 105 South New Street which is zoned C-2 (Central Commercial Zone). The owner of record is The House of Pride, Inc. The property addresses and associated tax parcels numbers are listed below. Council District 4. 20 North New Street ED-05-076.08-05-20.00-000 29 South New Street ED-05-077.05-03-10.00-000 37 South New Street ED-05-077.05-03-08.00-000 38 South New Street ED-05-076.08-05-84.00-000 55-57 South New Street ED-05-077.05-03-02.00-000 105 South New Street ED-05-077.09-01-37.00-000 110 South New Street ED-05-077.09-01-31.00-000 ***Initial approval of the Conditional Use by the Planning Commission on January 22, 2008. At the January 18, 2011 meeting, the Planning Commission acted to provisionally continue the Conditional Use Permit and required that it be subject to annual review by the Planning Commission. At the September 19, 2011 the Planning Commission acted to provisionally continue the Conditional Use Permit and directed the Annual Review to occur in July 2012. The Annual Review by the Planning Commission was rescheduled from the July meeting to the August meeting to allow for completion of property inspections. However, after review of the Inspection Reports the Planning Office is initiating the Process for Revocation of the Conditional Use Permit with a Public Hearing to be scheduled for the September meeting. Representatives: None Mrs. Townshend stated that the Annual Review of the Conditional Use for the House of Pride properties was to be scheduled every year in July so that June inspections could be conducted and 2

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 be able to come back to the Planning Commission in July. Due to a number of issues, inspections were scheduled in July; therefore, it was pushed to this month. Following the inspections, Code Enforcement, Fire Marshal, and Planning Staff met to determine how to proceed with regards to the properties. Mrs. Townshend further stated that at this point, what you have in your packet is a letter that was sent to the House of Pride last week dated August 10, 2012 letting them know that Staff is intending to initiate the process for revocation of the Conditional Use permits. There are Conditional Use permits on seven (7) properties so the City will complete the public notice process for those properties. Of the seven (7) properties that are a part of the Conditional Use, there are two (2) that are pending before City Council for various actions. 38 S. New Street was the subject of a fire in January. The Planning Department took that forward to City Council for dangerous building declaration in the Spring and that action was tabled pending changes to the Clean Hands Ordinance. The changes to the Clean Hands Ordinance were approved in July and at this point, the House of Pride has picked up the Building Permit for the repairs that need to be made to 38 S. New Street. An update status report to City Council regarding 38 S. New Street will occur on August 27, 2012. Mrs. Townshend further stated that the other action that will be reviewed by City Council next week is with response to the inspections that were performed in July. The Planning Office issued a notice to vacate and close the property located at 110 S. New Street due to chronic fire code regulations. This matter will be taken up by City Council on August 27, 2012 as the House of Pride has appealed that decision. When this comes before you in September, with the public hearing, Staff will have the outcome of those various actions as well as updates on any of the compliance efforts that have been made by the House of Pride since the July inspections. Mrs. Townshend stated that this is an informational item and there is no action to be taken at this time. NEW BUSINESS MI-12-21 Garrison Energy Center, LLC Performance Standards Review Application – Review of the Performance Standards Review Application associated with the Site Plan for Garrison Energy Center (Site Development Master Plan S-12-03) to determine if the proposed use will conform to the applicable performance standards as outlined in Zoning Ordinance, Article 5 §8 Performance Standards. The Garrison Energy Center is a combined cycle electric generating facility proposed for location on Lot 7 in the Garrison Oak Technical Park located on the north side of White Oak Road east of State Route 1. The owner of the property is the City of Dover and the lessee is Garrison Energy Center, LLC (Calpine Corporation). Address 1499 White Oak Road. Tax Parcel: Part of LC-05- 068.00-01-03.00-000. Council District 3. Mr. Holden recused himself from this application stating that his employer has worked on this project. Representative: Mr. Mark Dunkle, Parkowski, Guerke and Swayze on behalf of Calpine. Mrs. Melson-Williams stated that the Planning Commission this evening is here to consider the Performance Standards Review Application for the Garrison Energy Center. The Garrison Energy Center project is proposed for Lot #7 in the Garrison Oak Technical Park which is located off of 3

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 White Oak Road. The Technical Park itself has been the subject of a Subdivision Plan that was reviewed beginning in 2009 with Preliminary Subdivision Plan approval in September of 2010. The Technical Park Record Plan to establish the lots was recorded in May 2012 and they are continuing to work on the construction plans for the infrastructure in the overall Technical Park. Specifically, the Garrison Energy project is a project that involves the construction of a combined cycle, electric generating facility that utilizes natural gas as its primary fuel. The City of Dover Planning Commission granted conditional approval of the Site Development Master Plan for the Garrison Energy Center Project in April of 2012. At that meeting, the Commission saw the two phases of the project specifically on Lot #7 that included various equipment, one building, and various site improvements for that project. Mrs. Melson-Williams further stated that with the Site Development Master Plan that was reviewed by the Planning Commission and then upon its conditional approval, the project then moves into an Administrative Site Plan review process for each phase as they are readying for construction activity. On August 17, 2012 the Planning Office received the first Administrative Site Plan filing for the Garrison Energy Center for Phase I and will begin the review process for that Administrative Site Plan. This is a Staff and agency review process and does not involve the Planning Commission specifically with that aspect. Mrs. Melson-Williams further stated that as part of the process for Site Plan review, this project is subject to the Performance Standards Review requirement. The uses in the IPM-2 Zone are subject to the Performance Standards that are outlined in the Zoning Ordinance in Article 5, Section 8. Included in the Staff Report on the Performance Standards Review Application are some Code citations that describe the Performance Standards Review procedure and the appropriate Code references. Specifically, there is an application that is filed and is to be reviewed by the Planning Commission to determine if the proposed use of the Garrison Energy Center conforms with the applicable Performance Standards. The review process with the Planning Commission does not require a public hearing. Mrs. Melson-Williams further stated moving onto the Performance Standards Regulations, the project has to exhibit compliance with the Performance Standards for what are a series of dangerous and objectionable elements. These elements are listed and include items such as fire and explosion hazards, radioactivity, electromagnetic disturbance, noise, vibrations, smoke, odors, fly ash, dust, fumes, vapors, gases and other forms of air pollution, glare from lighting or high temperature processes, liquid, or solid waste, and traffic congestion. A project being reviewed cannot cause any of the above additions to exist so that they adversely affect the surrounding areas or adjoining properties. The Ordinance more greatly details the limits of each of the Performance Standards. It is also noted that in the case where other regulations specifically State or Federal are more restrictive then those more restrictive regulations apply over and above what is listed in the Zoning Ordinance. Mrs. Melson-Williams further stated that the Performance Standards Review Application that was submitted by the Garrison Energy Center was presented in a format of a narrative report that was included for the Planning Commission along with a reference copy of the preliminary Site Development Master Plan so that you can be familiar with the project. The report itself, that was prepared by the applicant, notes a series of activities and actions with regards to each of the 4

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 Performance Standards. They range from design considerations to required permits and plan activities that will be necessary at the Garrison Energy facility. Mrs. Melson-Williams further stated that in addition to the report that Planning Commissioners received, there is a reference binder that was submitted to the Planning Office. The reference binder included a number of greater exhibits, full copies of some of the permit information, and more detailed information as referenced in their report. Mrs. Melson-Williams further stated that in preparation for the Planning Commissioners review of the Performance Standards Review Application submission, Staff completed a review report that was submitted to the Planning Commissioners. Staff finds that the application as submitted by the Garrison Energy Center contains adequate information in order to confirm the project’s compliance of the Zoning Ordinance. In a number of cases, especially related to air quality, there are a number of State and Federal permits that well exceed the requirements of the City’s own Zoning Ordinance. In other instances, some of the Performance Standards are enforced by regulations with other City Departments and those would relate to items such as fire protection needs and water/waste water regulations for the City. Mrs. Melson-Williams further stated that the Planning Office provided a series of review comments for the application that are listed as Items 1-13 beginning on Page 5 of the Staff’s summary report. The Planning Staff makes note that there is an Administrative Site Plan process that must be completed for the project overall. Staff notes that there are Draft Air Emission Construction Permits that have been issued by DNREC and they continue to move through that regulatory process for air pollution permitting aspects. There are several plans that will be developed as part of the facility to ensure on-going compliance. These include items such as a Fire Risk Evaluation Plan and a Risk Management Plan. Mrs. Melson-Williams further stated that the facility itself is making use of advanced and best available control technologies. They are addressing lighting for the site to ensure that while it adequately lights the subject area, it does not reflect onto adjacent properties. Specifically, with the design of water service and wastewater service for the facility, the project is subject to the review and approval of the City’s Public Works Department. They have been working with the City with regards to conducting analysis of the effects of the Energy Center project on the City’s water and wastewater systems. Mrs. Melson-Williams further stated with regards to transportation, the facility takes access from Garrison Oak Drive which is proposed as a City street. Garrison Oak Drive itself has two (2) intersections with White Oak Road which is a DelDOT State maintained road that will be dealing with entrance plans and entrance permitting as the City continues to develop the overall Technical Park. There is not a Traffic Impact Study that is required for the development of this facility and that is noted in the report. Mrs. Melson-Williams further stated that the remaining items listed in Staff’s comments are advisory and procedural in nature. Any major changes or revisions to the project may trigger re- review as part of the Development Advisory Committee process, the Planning Commission review, or other agencies. 5

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 Mrs. Melson-Williams further stated that the Development Advisory Committee provides comments in their specific areas of expertise and Code requirements. The process continues following the Site Development Master Plan with the Administrative Site Plan submissions that have just begun. Prior to any ground disturbing activities, there are a number of plan approvals, site inspections, and permits and licensing that would be required before any construction activity. It is also noted that any approval of the Performance Standards Review Application does not represent a Building Permit or any other construction activity permits in and of itself. Mr. Dunkle stated that they agree with the Staff recommendations included in that the Application does meet all of the Performance Standards of Article 5, Section 8. We are asking for approval from the Planning Commission that this application does meet the Performance Standard requirements. There were no questions raised from any Planning Commission members at this time. Colonel Welsh stated that there is no public hearing required for this application. Mr. Ambruso moved to approve MI-12-21 Garrison Energy Center, LLC Performance Standards Review Application and to accept the remarks and Staff review of the Performance Standard Requirements Report and are aware that they are currently meeting the standards that are required of them, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. NEW DEVELOPMENT APPLICATIONS Z-12-02 Lands of Bennie Smith at 870-872 Forest Street: Rezoning from CPO to C-1A –Public Hearing and Review and Recommendation for a rezoning application for one parcel of land consisting of 0.747 acres (32,532 S.F.) of area. The property is currently zoned CPO (Commercial/Professional Office Development District Zone) and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning classification is C-1A (Limited Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). The property known as 870-872 Forrest Street is situated on the south side of Forest Street and east of Gibbs Drive. The owner of record is Bennie Smith. Tax Parcel: ED-05-076.12-01-08.00-000. Council District 4. Representative: Mr. Phillip McGinnis, McGinnis Commercial Real Estate Company, representing Mr. Bennie Smith. Mrs. Townshend stated that the purpose of the rezoning application is to allow retail on this site. Their property is currently in the CPO zone and retail is not a permitted use. When Staff looked at the existing property, there are two (2) buildings on the property. The building to the rear is a daycare facility that is still in the licensing process and is not currently open. The daycare has operated on and off at this site for a number of years. Mrs. Townshend further stated that the surrounding zoning in the immediate surroundings is RG-1; however, there is also I/O, C-1 and C-1A in the general vicinity. What the applicant is looking to do is take the vacant property (building) located at the front and be able to use it for retail. The rezoning request is consistent with the Comprehensive Plan and in looking at the surrounding zoning Staff 6

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 believes that it is compatible with the surrounding zoning and would therefore recommend in favor of the rezoning. Other agencies have provided their comments regarding a zoning application and they are advisory only comments. Colonel Welsh opened the public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Holt questioned what type of retail was planned for the site? Responding to Mr. Holt, Mr. McGinnis stated that across the street is the funeral home that has photographers and a florist in that building. He would be able to move those over into this building and get better use of his funeral home space and they would be open to the public. Mr. Tolbert moved to forward to City Council a recommendation of approval of Z-12-02 Lands of Bennie Smith at 870-872 Forest Street: (Rezoning from CPO to C-1A and subject to the COZ-1), seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. S-12-13 Serenity Place Dover at 327 Martin Street –– Public Hearing and Review of a Site Development Plan to allow for the construction of a two story 2,940 S.F. building as a residential treatment facility and associated site improvements. The subject property consists of 0.2696 acres and is zoned IO (Institutional and Office Zone). The property is located on the east side of Martin Street south of Court Street. The owner of the property is EBJ Inc. Address: 327 Martin Street. Tax Parcel: ED-05-077.10-01-48.00-000. Council District 2. Associated with Board of Adjustment application V- 12-04.Waiver Request: Elimination of Connection Sidewalk. Representatives: Mr. Kevin Minnich, Minnich Engineering; and Mr. William Boyles, Executive Director, Serenity Place. Ms. Cornwell stated that Serenity Place has been in existence at this location since 1991. In June, 2011 a fire destroyed the former building. The use was a non-conforming use with the former zoning of C-4 (Highway Commercial Zone). The property was rezoned in 2011 to IO (Institutional/Office zone). Ms. Cornwell further stated that the Board of Adjustment on June 20, 2012 granted a number of variances with regards to allowing parking within the front yard setback, parking to be located between the street and the principle structure, and reduction of the overall number of off-street parking spaces from a requirement of nine (9) spaces to seven (7). The site currently provides the required seven (7) parking spaces. Ms. Cornwell further stated that the site consists of an existing office building and residential treatment center. The site is required to provide one bicycle parking space. The site will provide the required dumpster, curbing, and trees. There is a waiver request for the application which is for the elimination of a sidewalk connection from the sidewalk along the street into the site. They are asking to eliminate that connection. Staff’s recommendation regarding that waiver request is in the DAC Report. Ms. Cornwell further stated that the architecture of the building is a metal siding with a watertable feature along the front of the building and along a portion of the left side elevation. The building is proposing windows along most sides of the building. Staff notes; however, that the windows along the back of the building may not be permitted due to Building Code as they are currently located within a 7

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 stairwell. There are no proposed changes to the office building. The other agencies reviewing this application have provided their comments and they include the Public Works Department, the Fire Marshal’s Office, and the Kent Conservation District. Mrs. Townshend stated that Colonel Welsh had a concern regarding not allowing windows on the rear of the building. There may be other options and we would work with them; however, it is possible that we would end up with a blank wall if that is all we can do because of the Building Code. Mr. Boyles stated that we continue in this process as we were before you a year ago to start the rezoning process and received approval. We have gone through the Board of Adjustment for off-street parking variances that were approved. We are moving forward with the Site Plan and are anxious and eager to get a shovel in the ground. Staff’s recommendations and analysis is very accurate. Colonel Welsh opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mrs. Still questioned with regards for an area for dining, will there be a kitchen area associated with the dining area? Responding to Mrs. Still, Mr. Boyles stated that on the floor plan on the first floor, there is space for a rather large kitchen and then outside of that area is a dining seating area. Mr. Baldwin stated that he would like some clarification regarding the windows and the lack of them. Responding to Mr. Baldwin, Ms. Cornwell stated that the back of the building is proposing windows. Some of these windows are in stairwells and the Building Code does not allow windows to be located within stairwells. The Fire Marshal is looking into possibly a smaller size that would be permitted; however, typically, windows are not permitted in stairwells. Mr. Boyles stated that the four (4) windows to the left on the plan are what are in question as it is a stairwell. Colonel Welsh questioned if dummy windows would be a possibility? Responding to Colonel Welsh, Mr. Boyles stated that yes, it would be a possibility and would be something they can look into. They are using Advanced Construction as their builder and apparently, this is something that they have done in the past. Mr. Tolbert questioned what kind of treatment the clients would be receiving? Responding to Mr. Tolbert, Mr. Boyles stated that Serenity Place is licensed by the State of Delaware for substance abuse treatment. We are an adult male facility and have been here since 1991. The fire last year knocked us out of that location and we have been operating at a different location until we are able to get this building back up. Mr. Holden questioned if they have discussed with their builder or given any thought to the Staff recommendations for screening the exterior HVAC equipment? Responding to Mr. Holden, Mr. Boyles stated that his builder and engineer felt that this was very doable. Colonel Welsh stated that one of his concerns is the design and construction of the building. He is very supportive of things architecturally tying into the community. He recognizes that the type of service you provide is very valuable for the community and that your funds are somewhat limited. 8

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 This is not what he would like to personally see for the community; however, it serves a need. He would like to see a pitched roof and brick; that is a logical expectation. Mr. Tolbert moved to approve S-12-13 Serenity Place Dover located at 327 Martin Street as submitted. The approval is also contingent upon the applicant complying with all DAC comments of record and recommendations of the Planning Commission. To also include approval of the waiver request for elimination of the connection of sidewalk, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Nichols absent. C-11-03 Revised Governors Club Café at 144 Kings Highway – Public Hearing and Review of a Revised Conditional Use Site Development Plan to permit the establishment of a café/sandwich shop (restaurant use) serving alcohol in a portion of the first floor of an existing building. The property is zoned RGO (General Residence and Office Zone) and H (Historic District Zone). The property is located at the southernmost intersection of American Avenue and Kings Highway. The owner of record is Governors Club Professional Center, LLC and the lessee is Coffee Shop, LLC. Property Address: 144 Kings Highway SW. Tax Parcel: ED05-077.05-04-40.00-000. Council District 2. The Planning Commission previously granted approval of the café/sandwich shop (restaurant use) with the condition of no serving of alcohol in June 2011. Representative: Mr. Conny Malmberg, Attorney for the applicant. Ms. Cornwell stated that the Planning Commission previously approved the Conditional Use for a restaurant located within the RGO (General Residents Zone) and the Historic District in June 2011. The final Conditional Use Plan approval was granted on August 24, 2011. The site is currently in operation as a restaurant. Ms. Cornwell further stated that the application before the Planning Commission this evening is to consider the use of the restaurant to serve alcohol. A text amendment was approved by the City Council at their meeting of August 13, 2012 removing the language “with no alcohol beverages” from the Conditional Use provisions regarding restaurants and properties zoned RGO and within the Historic District. Ms. Cornwell further stated that Staff has made several recommendations if the Planning Commission decides to approve this request for the sale of alcohol for this restaurant. Mr. Malmberg stated that they have been before you before and in fact his client sponsored the text amendment that allowed restaurants; however prohibited the sale of alcoholic beverages in those restaurants within the RGO and Historic District. The concept here is to allow people to have a place where they can sit out on the deck and have a glass of wine and relax after work or in conjunction with coffee drinks after the Schwartz Center performances. This is a great use for an old property like this to have Christmas parties and political fundraisers and other things that his client would like to cater. There are lots of towns where we can all think of where the historic buildings that have been turned into restaurants that make the town such as Lewes for an example and Georgetown that has the “Brick Hotel.” This is the mold that we are trying to follow here. We are not interested in restrictions regarding time because we want to keep the ability to have private parties and not have a curfew time limit. The ABC allows these types of establishments to stay open until 11:00 PM and while his client does not expect to do that, he does not want the time limit requirement. The City of Dover does have 9

CITY OF DOVER PLANNING COMMISSION AUGUST 20, 2012 Noise Ordinances so that if there are any issues they can be addressed. We do not anticipate having this problem. There were no questions raised from any Planning Commission members at this time. Colonel Welsh opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Ambruso moved to approve C-11-03 Revised Governors Club Café located at 144 Kings Highway to remove the language to allow the Conditional Use provisions allowing the application to operate as a restaurant with the capacity to serve alcoholic beverages. Mr. Ambruso stated that he was unsure about the comment regarding Staff’s recommendation that the Conditional Use be re-evaluated in one year. Responding to Mr. Ambruso, Mrs. Townshend stated that they were not recommending that it be re-evaluated every year. Staff figured that if it was evaluated after a year, the idea is that there would not be a public hearing; however, an update to the Planning Commission members. If there were any questions or concerns, they could then be addressed. She does not anticipate that there would be any. Mr. Ambruso further stated that it is the sentence “The Planning Commission may require this to be an annual review of the Conditional Use.” Responding to Mr. Ambruso, Mrs. Townshend stated that this is in the Code that you can require it. The idea is that you would schedule it for next August and if there is an issue you could require it every year. There have been a couple of Conditional Uses where after a year it has been proven that it has not been problematic at all; they are released at that point. Colonel Welsh stated that the way he sees the application and the direction that we could go as the Planning Commission is that we can approve it with a Conditional Use and continue that to see how it works out serving alcohol as a one year probation period. This gives us the opportunity to come back at the end of one year to see if it is not working out or if there are changes that need to be made. We could also approve it unconditionally where we say you can go ahead and serve alcohol without any further approval. The downside to that if there is something unforeseen that occurs we have no recourse and then becomes an enforcement issue. While he does not anticipate any problems, he would suggest that a one year condition be approved and then we can eliminate that provision next year. We can eliminate that condition at any time as it is not something that lives with the Conditional Use approval. Mr. Ambruso stated that he would like to add a one year conditional review into the motion. Mr. Ambruso moved to approve Conditional Use for the service of alcohol, seconded by Mrs. Still and the motion unanimously carried 8-0 with Mr. Nichols absent. Meeting Adjourned at 7:54 PM Sincerely, Diane Metsch Secretary 10

CITY OF DOVER PLANNING COMMISSION QUARTERLY WORKSHOP August 21, 2012 The Regular Quarterly Workshop Meeting of the City of Dover Planning Commission was held on Tuesday August 21, 2012 at 4:00 PM with Chairman Colonel Welsh presiding. Members present were Colonel Welsh, Mr. Tolbert, Mr. Shomo, Mr. Baldwin, Mr. Holt and Mrs. Still. Mr. Ambruso, Mr. Nichols, and Mr. Holden were absent. Staff members present were Mrs. Townshend, Mrs. Melson-Williams, Ms. Cornwell, Mrs. Harvey and Ms. Metsch. Also attending was Romona Fullman, Executive Director, Division of Human Relations Commission; Vincent Petroff, Supervisor of Investigators; and Ines Hungria, Investigator for the State of Delaware. Planning Commission Comments and Concerns Colonel Welsh stated that he would provide some background as to why we hold Quarterly Workshops. We meet in a public fashion and do not have a chance to sit down as a Commission and talk about things we could do to improve our effectiveness, talk about training opportunities, and to talk about things that could make us a better body. If we were to meet once a quarter, we would have that opportunity to just kick back and talk. We would not be able to talk about upcoming projects or current applications; however, we could talk about things that we have already done and where we have made mistakes and where we could do things better. Colonel Welsh further stated that this was working very well. Then we went to a more structured format where we started having some formal training which is something that we can all use; however, we need to make sure it is something that is pertinent to our area of responsibility and authority. Mrs. Townshend stated that the City of Dover is an entitlement community for CDBG so we receive money directly from HUD each year for Community Development activities. As part of accepting that money, we have an obligation to affirmatively further fair housing. The City along with other partners in the state recently developed a statewide “Analysis of Impediments to Fair Housing.” Some of what that calls for is training of the bodies that make land use decisions and set the rules. We would also like to extend this training on fair housing to City Council so that they understand what our legal obligations are with regards to fair housing. Colonel Welsh stated that one of the things that he is very concerned about is that we have nine (9) Commission members and he is not sure that we are taking advantage of all of the training opportunities that may be available to us. He would ask that the members of the Planning Commission please make yourself available for training sessions that are available to us. He has taken several that are offered through the University of Delaware at the Paradee Center. Mrs. Townshend stated that the Delaware Chapter of the American Planning Association and the Kent County Planning Office has offered most all of the national Audio Web Conference presentations in both New Castle and Kent Counties. Also, the Institute for Public Administration classes typically starts in January and goes through the spring. There have been new classes that have been added if you have attended in the past.

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 Colonel Welsh further stated that the other thing that he would like to see the Commission members participate and rotate going is to the Regional Planning Conferences and National Conferences. These conferences are very informative and you can pick up so many ideas with the many sessions that are available at them where you can hear people’s experiences and can import them back to Dover. This is where our architectural review process came from. Mrs. Townshend stated that the next regional conference is being held in Columbia, Maryland in October. The training budget this year is going to be very tight because of travel cost associated with it. Colonel Welsh stated that you learn by experience and his concern is that he has heard a lot of negative comments regarding the library and its appearance. He does not feel that they did what they should have done with this building. If you look at the community that it is in, near the Legislative Mall area with red brick and modified colonial construction and architecture, he feels that they could have done a better job with the library. He would like to hear thoughts on how we can do things better. Mr. Tolbert stated that he would agree with Colonel Welsh as there has been a lot of criticism regarding the library not only on its appearance as it does not look like it belongs in this area regarding its architectural design. Mr. Holt stated that he has heard a lot of negative comments regarding the library, mainly its size. It is larger than most envisioned it to be. The problem is that he does not feel that the general public realizes the scope of what the library does. They are looking at the old fashioned small bricked library and going back fifty (50) years. They do not realize all of the computers that will go in there and all the different means of teaching children; it is more than just books. The problem is that it has not gotten out to the public and what the library can do and what it is going to do. This is a modern up-to-date library. There needs to be more education of what the library can and will do especially for the kids in the area. This leads to the negative comments. Colonel Welsh stated that in our role and responsibility we do not control the size, funding, or whether it can or cannot be built. Where he feels that this Commission has some teeth and could have exercised more options is in the architectural finish and design of the building. In the elevations of the library, he does not remember seeing all of the different materials that now appear on the building. Mrs. Townshend stated that the level of detail that you see in the architectural elevation does not fully capture that. There was a description of the materials; however, when you translate the two dimensional elevation that you looked at on the ground, she has heard a lot of people state they didn’t realize it would be so big. Part of the reasoning for the different bricks is because it is such a large building, this helps break up some of that massive building to make it look like not such of a massive building. Where the Commission has had a lot of positive influence on the architecture is when you have someone wanting to bring in the bottom of the barrel to do it as cheaply as you can. Mr. Tolbert stated that he feels with regards to architecture, this is an area that this Commission could use some training on. Without the kind of information you would need to make a 2

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 meaningful review of the architecture, as it is an art form; we are reduced to being subjective without having the kind of knowledge to make quality comments. To him, the library does not look like it belongs where it is sitting. DEPARTMENT OF PLANNING AND INSPECTIONS UPDATE Status of Ordinance Amendments Mrs. Townshend stated that in your packet is a summary of the text amendments that Staff has been working on. One Ordinance will deal with residential zone family definitions dealing with making sure that the Code clearly affords for transitional housing. We need to adopt the Airport Environs Overlay Zone and Noise contour; however, there is a lot involved in that and Staff has not had the time to get to it. Educational and Training Opportunities Mrs. Melson-Williams stated that registration is open for the Maryland/Delaware Regional APA Conference that will be held October 17-19 in Columbia, Maryland. The host is the Sheraton Hotel. The conference focuses on Columbia, Maryland because it is the anniversary of that town. There are major speakers from the APA National that will be there. She is unsure if there is funding for Planning Commission members in this year’s budget as we would be funding Staff first due to continuing education credits that have to be obtained. IPA Training Series Mrs. Melson-Williams stated that regarding the IPA training series, there are none this fall that pertain to the Planning Commission. There are other programs that are scheduled for the fall timeframe. The spring schedule has not been released as of yet. For the other local presentations of the APA National Web Conference series, the Delaware Chapter is again working with the Kent County Planning Office and some other sponsors to bring a number of those presentations to the area. The first Audio Web Conference is scheduled for October 10, 2012 and is on “Planning Mistakes Accessing, Learning, and Adapting” Training Session: Fair Housing Mrs. Harvey stated that one of the recommendations in the Fair Housing Plan was to provide training to the elected officials, Boards, and Commissions. She reached out to the State Human Relations Commission to provide this training for the State of Delaware. They will provide an overview of the Fair Housing Laws for the State of Delaware. Mrs. Fullman stated that you have talked a lot about the importance of training and learning. By the agenda that was just discussed regarding regional training for this body, both Staff and volunteers, you have identified yourself as lifelong and continuous learners. That is a good thing for both the City, the State, and the community. Mrs. Fullman further stated that the Fair Housing Training is intended to inform you both as City officials; however, also as co-workers, neighbors, and as citizens so that you may learn what the Fair Housing law requires and will help them in some way to enforce it by referring to us anyone that needs our assistance. 3

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 Mrs. Fullman further stated that the Power Point Presentation that will be presented today has been provided in your packet. Also included in the packet was a copy of the Fair Housing Law, a sheet that provides the Human Relation Commission and the Division information. From that, you can see that our mission is to eliminate unlawful discrimination and to foster amicable relations among diverse populations in Delaware. Mrs. Fullman further stated that what they will be covering today is both State and Federal laws, the protected classes for those who discriminate is prohibited, the specific acts that are prohibited, the exemptions, reasonable accommodations and modifications, the responsibility to affirmatively further Fair Housing, the complaints process, and the remedies that are available through the State Human Relations Commission. Mrs. Fullman further stated that your entitlement in this jurisdiction for the top seven (7) keys to affirmatively furthering fair housing is to: understand how HUD defines affirmatively fair housing; to understand how impediments to Fair Housing Choice are defined; to conduct an Analysis of Impediments which has been done to ensure that it is an exclusion and inclusionary process on behalf of the City in conjunction with the State of Delaware, New Castle County, and the City of Wilmington; and to implement the actions to address the impediments identified. The impediments study is a 700 page document and is available on the Delaware State Housing Authorities website under “Analysis of Impediments.” We have provided the recommendations section as it relates specifically to the City of Dover. Ms. Hungria presented a Power Point Presentation at this time. (See Attachment #1). The presentation included scenarios for discussion and the opportunity for questions and comments. Ms. Hungria presented a scenario case where a Zoning Officer reversed an initial decision that a group home for recovering substance abusers was a permitted use under the Zoning Ordinance following expression of neighborhood and City Council opposition. Colonel Welsh questioned if this would apply to half-way houses and because if it does, the City of Dover could not have a zoning ordinance that would exclude halfway houses from a certain zoning classification? Responding to Colonel Welsh, Mrs. Townshend stated that we would consult with the City Solicitor on any of those types of matters. When you are not case specific to say absolutely yes or no is probably too broad of a brush. There is a State statute that allows governments to have zoning authority that states specifically that group homes for people with disabilities that are licensed by the State can register with the State and are to be treated as single family from a zoning perspective. Ms. Hungria explained the physical and mental impairments regarding persons with disabilities. Mrs. Townshend questioned if you could require a drug test if you know someone has this history? They are not a protected class if they are actively using and the only way that you know they are not actively using is if you test. Responding to Mrs. Townshend, Mrs. Hungria stated that no you can ask them if they have been through recovery and if they have, you can get that information to say you would be drug testing them every three (3) months to make sure that they are not currently using. You would use this as your criteria for everyone. 4

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 Colonel Welsh stated that this would be the criteria for people with a history of using drugs. He does not have any rental properties; however, if he has someone who wants to rent from him and he does a background check and finds that they have repeated arrests for possession or use of drugs and you confront them on it and they state that they have been through treatment and they are clean, can you legally ask for the documentation? Responding to Colonel Welsh, Ms. Hungria stated that you can ask for the documentation from the recovery of wherever they went to get their substance abuse treatment from. You can also use a third party to gain information. Usually, the person who went through the treatment program would have to obtain this information for you. Mrs. Harvey questioned if someone who is bipolar would be a protected class because they have a mental illness? Responding to Mrs. Harvey, Ms. Hungria stated that yes; they would be considered a protected class. Mrs. Townshend stated that in the case where someone with bipolar or anyone with mental illness is a threat to others can you evict as long as you document. Responding to Mrs. Townshend, Ms. Hungria stated that they had a case where a woman became aggressive because she was not on her medication and they pursued eviction against her. The argument was made that at the time she was not on her medication so they felt they needed to put some mechanisms in place that would guarantee that she continue on her medications and because of these mechanism she was able to retain her housing and was not evicted. Ms. Hungria stated that you can lose an exemption for the Fair Housing Act if you make a discriminatory remark. Mr. Tolbert questioned if you lose your exemption can it be reinstated at some point? Responding to Mr. Tolbert, Ms. Hungria stated that he would lose his exemption for this case. Once the case is resolved, he would keep his exemption and would always be able to retain it. Mrs. Townshend questioned with regards to religious or Christian organizations that have housing; however, will not rent to unmarried couples or gay couples, is this discriminative? Responding to Mrs. Townshend, Ms. Hungria stated that they cannot say it is against their belief that they would not rent to people who are gay or people who are not married. Mrs. Townshend stated that we have a provision in our Code that limits how you can rent to students. You would have to go through Conditional Use process and it cannot have more than three (3) students and closer than 500 feet. Her understanding was that students are not a protected class. Responding to Mrs. Townshend, Ms. Hungria stated that they would fall under age discrimination because students are between the ages of 18 to 23. Mr. Tolbert questioned that if a development is advertised as a 55+ community and the development managers do not adhere to that and start renting to people under 55, does this fall under your authority? Responding to Mr. Tolbert, Ms. Hungria stated that as long as it is not rented for more than 20% of the units less than the age of 55. If out of the 80% of the units that they have and there is not one person that is 55 and over, they can lose their exemption when it comes to denying people with children or under that age. Unless you move into a 62 and over community that the sole intention is for those who are 62 years of age and older, you will have 5

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 children and younger people living in the community. Colonel Welsh questioned regarding Section 8 housing, does it come about by a person securing some type of loan? Responding to Colonel Welsh, Mrs. Townshend stated that Section 8 is a voucher program for rent where they would have to still find a landlord. Colonel Welsh further stated that what has happened is someone bought a couple of homes in an area and immediately converted it to Section 8 housing. What obligation do they have when they did that? What is the advantage of someone who purchases the property? Are they purchasing it from someone who guarantees Section 8 housing? Responding to Colonel Welsh, Mrs. Townshend stated that they have no obligations. Section 8 is the landlord accepting the voucher and is the means of paying for the rent. Colonel Welsh further questioned that there is nothing that specifically designates housing as being Section 8? Responding to Colonel Welsh, Mrs. Harvey stated that no there is not. Colonel Welsh further questioned if he is asking a certain amount for rent and he is approached with someone with a voucher that is for less is he obligated to rent to that person? Responding to Colonel Welsh, Ms. Hungria stated that no, he does not. They would not be able to rent from him if their voucher is for less money and they want to pay the difference; this is actually illegal. Mr. Tolbert questioned if Section 8 properties need to meet certain guidelines? Responding to Mr. Tolbert, Ms. Hungria stated that there is an inspection that is conducted at the property to make sure that it is up to Code. Colonel Welsh questioned what would happen if he were to rent to someone with Section 8 and after about six (6) months it becomes apparent that these people are trashing his property; what recourse do you have as a landlord? Responding to Colonel Welsh, Ms. Hungria stated that you would have the same rights that any landlord would have under normal rental rules. If Section 8 were advised they could lose their Section 8 voucher. Mr. Tolbert questioned if there is a complaint it should be written and require specific information, does your office provide help to people to provide that document? Responding to Mr. Tolbert, Ms. Hungria stated that yes, there is an intake complaint form and once it is filled out it goes to a Supervisor who reviews it and it is then assigned to an investigator and then they are contacted for any missing information. Mr. Tolbert further questioned if they have a large amount of cases? Responding to Mr. Tolbert, Ms. Hungria stated that in terms of whether discrimination occurs in large numbers in our case she would say yes. We know that it is happening and for various reasons people come or they don’t. Sometimes they will start the process but not complete it. The economy could be a factor because as it relates to housing people just need a place to stay. Mr. Tolbert further questioned if they are finding that people in Delaware just do not know enough about what you do? Responding to Mr. Tolbert, Ms. Hungria stated yes, there has been a lot of training conducted where she hears people state that they wish they knew of this agency years ago. We try our best to advertise, we go to churches and daycare facilities and it seems 6

CITY OF DOVER PLANNING COMMISSION AUGUST 21, 2012 there are still bodies or groups of people who do not know who we are. Meeting adjourned at 6:08 PM Sincerely, Diane Metsch Secretary 7

City of Dover REVOCATION OF CONDITIONAL USE PERMIT PLANNING COMMISSION MEETING September 17, 2011 Plan Title: House of Pride Inc. C-08-01 Plan Type: Conditional Use Property Locations: North New Street and South New Street between Loockerman Street and Fulton Street Property Addresses: 20 North New Street; 29, 37, 38, 55-57, 105 and 110 South New Street Tax Parcels: ED-05-076.08-05-20.00-000 ED-05-077.09-01-31.00-000 ED-05-077.05-03-10.00-000 ED-05-077.05-03-08.00-000 ED-05-076.08-05-84.00-000 ED-05-077.05-03-02.00-000 ED-05-077.09-01-37.00-000 Owner: House of Pride 110 South New Street Dover, DE 19904 Present Use: Philanthropic Use as Residential Recovery Center and Transitional Housing Zoning Classification: RG-1 (General Residence Zone) C-2 (Central Commercial Zone) (property at 105 South New St.) Conditional Use Approvals Granted by Planning Commission- The Planning Commission granted conditional approval of the Conditional Use on January 22, 2008 in accordance to the DAC Report dated January 11, 2008. In addition, the Planning Commission made the following conditions on this Conditional Use: 1. All Building and Life Safety Code requirements must be met for all occupancies and must be complied with for the properties. 2. All code violations from the January 2, 3, and 4, 2008 Annual Housing Inspections shall be complied with. 3. The condition that no more than five (5) people may live in each unit at any given time. The Conditional Use was set to expire on July 31, 2008. At the July 2008 Planning Commission meeting, the Planning Commission moved to extend the item one month to the August 18, 2008 Planning Commission meeting. At the August 18, 2008 meeting the Planning Commission postponed the 6-month review of the Conditional Use application to allow for further information to be obtained and to address the Code classification concerns of the Office of the Fire Marshal and Building Inspections/Code Enforcement Divisions. The application was taken P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 2 back to the Planning Commission at their November 17, 2008 meeting where the application was postponed as there was no representation on behalf of the applicant. The 6-month review was completed at its meeting of December 15, 2008, the City of Dover Planning Commission moved to grant conditional approval of the Conditional Use for the House of Pride located at the above listed properties on North and South New Street in accordance with the conditions of approval outlined in the agency comments of the Development Advisory Committee (D.A.C.) Report dated January 10, 2008, the six month review report dated August 18, 2008, and in accordance with the conditions as noted below. In addition, the Planning Commission included the following conditions as a part of its approval: 1. The requirements stated in the letter from the City of Dover Fire Marshal dated October 27, 2008 shall be complied with. 2. Hardwired smoke detectors shall be installed in all units no later than March 1, 2009. Following installation, the Fire Marshal’s Office must inspect the units to ensure proper placement. 3. The City of Dover conduct annual housing inspections of all units included within this Conditional Use application. These inspections will occur each year, and continuation of the Conditional Use shall be contingent on successful completion of the inspections. 4. The condition that no more than five (5) people may live in each unit at any given time. 5. No signs shall be permitted to be erected on the premises of the properties associated with this application. At the January 18, 2011 meeting, the Planning Commission held a review of the Conditional Use application for the House of Pride located at the above listed properties on North and South New Street in accordance with the conditions of approval outlined in the agency comments of the Development Advisory Committee (D.A.C.) Report dated January 10, 2008, the six month review report dated August 18, 2008, the Reconsideration Report dated January 2011 and in accordance with the conditions noted below. • The Conditional Use Permit has been revoked for 16 North New Street and 102 South New Street, effective immediately (which means that neither property shall be used for the recovery program or transitional housing). Both houses are currently unoccupied. • On the 30th day (February 18, 2011), if full compliance is not made, the Conditional Use Permit shall be administratively revoked by staff. (Copies of the inspection reports issued by the Fire Marshal’s Office and Code Enforcement Division are attached.) • The Conditional Use Permit shall be subject to annual review by the Planning Commission. • Each property shall be considered independent of the others. (By February 18, 2011, if any property has not achieved full compliance, the Conditional Use Permit shall be revoked for those properties; however for any property that has achieved full compliance, the Conditional Use Permit shall remain in place.) At the September 19, 2011 meeting, the Planning Commission held a review of the Conditional Use application for the House of Pride located at the above listed properties on North and South New Street in accordance with the conditions of approval outlined in the agency comments of the Development Advisory Committee (D.A.C.) Report dated January 10, 2008, the six month

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 3 review report dated August 18, 2008, the Reconsideration Report dated January 2011 and in accordance with the conditions noted below. • The continuation of the Conditional Use Permit is contingent upon the repair and correction of the identified discrepancies (Code violations) as identified by the inspections conducted on September 7 and 8, 2011 by the City of Dover’s Code Enforcement Division and the City Fire Marshal’s Office. Copies of the Code violations were issued previously via separate letters. If you need additional copies of these notices contact our office. • The Conditional Use Permit shall be subject to annual review by the Planning Commission. The next Annual Review by the Planning Commission will occur during July 2012. Annual Housing Inspections shall be scheduled in June 2012. • Each property shall be considered independent of the others. By October 7, 2011, if any property has not achieved full compliance, the process for revocation of the Conditional Use Permit shall begin. However, for any property that has achieved full compliance, the Conditional Use Permit shall remain in place. At the July 16, 2012 meeting, the Planning Commission was made informed that the one year review for the Conditional Use would occur at their meeting of August 20, 2012 as inspections had not been scheduled until July 2012. At the August 20, 2012 meeting, the Planning Commission was informed that the housing inspections had been completed and staff had sent a letter to the applicant indicating that Staff would be begin the revocation process for the Conditional Use and a public hearing would be schedule before the Planning Commission at their September 17, 2012 meeting. Failure to comply with City codes may result in revocation of the Conditional Use permit. If code violations are found, the City will allow time for the House of Pride to correct violations. Time allowed will depend upon the nature of the violation. Any extensions to allotted tie for corrections must be approved by the City Planner. As with all applications, Planning Commission approvals are conditioned upon completing all of the agency requirements and finalization of plans. The Planning Office is in receipt of final plans for the House of Pride Conditional Use Permit, but has not signed off on them pending resolution of outstanding code violations. Revocation of Conditional Use Permit: This report is intended to present information to help the Planning Commission determine whether the Conditional Use Permit for the existing seven House of Pride properties as a philanthropic use as recovery centers and transitional housing should be revoked. This revocation also includes the property located at 105 South New Street that has been classified as a social service agency under the C-2 (Central Commercial Zone) Zoning District. The following conditions, as previously stated, were placed on the Conditional Use Permit granted by the Planning Commission on January 22, 2008, December 15, 2008 and January 18, 2011, respectively: All Building and Life Safety Code requirements must be met for all occupancies and must be complied with for the properties.

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 4 The City of Dover conduct annual housing inspections of all units included within this Conditional Use application. These inspections will occur each year, and continuation of the Conditional Use shall be contingent on successful completion of the inspections. The Planning Office is bringing the Conditional Use Permit forward to the Planning Commission for reconsideration, as these conditions have not been met. Code Compliance Issues Staff is bringing the Conditional Use Permit back to the Planning Commission with a recommendation for revocation, as the conditions of maintaining compliance with City codes and making corrections to code violations within required timeframes have not been met. The Planning Office sent a letter on August 10, 2012, indicating that failure to comply with the requirements of Code Enforcement Division and Fire Marshal Office inspection reports would result in bringing the Conditional Use Permit back to the Planning Commission for revocation. The following are examples of some of the code compliance issues from the July 2012 inspection reports from the Fire Marshal’s Office and the Code Enforcement Division, which are attached to this report for each property. 20 N. New Street: Self-closing hardware on doors not functioning properly No current electrical inspection 29 S. New Street: No current electrical inspection Storage on rear exit steps Outdated fire extinguisher, inadequate size Non-operational smoke detectors Incense burning unattended Self-closing hardware on doors not functioning properly Fence in need of repair Junk and debris to be removed Unregistered vehicles Mold/mildew 37 S. New Street: No current electrical inspection Outdated fire extinguisher Non-operational smoke detectors Self-closing hardware on doors not functioning properly Insect extermination required Cracks in ceiling Mold/mildew Noxious odor to be remedied 38 S. New Street: A fatal fire occurred at this property in January 2012. The property is currently vacant with a building permit issued for renovations. The property was a legal non-conforming two (2) unit dwelling. The cost of the repair of the fire damage exceeded 75% of the replacement cost of the building and is required to come into compliance with the Zoning Ordinance as a single family

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 5 residence. The House of Pride made an application to the Board of Adjustment to retain the use as a two unit dwelling. The Board of Adjustment denied the variance request. The building is currently being renovated to a single family residence. 55-57 S. New Street: An inspection has not occurred for this property this year. 105 S. New Street: Non-operational smoke detectors Outdated fire extinguisher Excessive storage Damaged window flashing Mold/mildew Kitchen ceiling in need of repair Junk and debris to be removed 110 S. New Street: Discharged Fire Extinguisher needs to be replaced Kitchen stove is non-operational Self-closing hardware on doors not functioning properly Space used as storage on the first floor – not permitted Outdated fire extinguisher Padlocks on the outside of interior doors need to be removed Non-operational smoke detectors Candles burning unattended During the inspection in July 2012 violations were found and the property at 110 S. New Street was condemned by the City of Dover and ordered to be vacated. A Certificate of Occupancy is required before the building can be reoccupied. On July 10, 11, and 12, 2012, the Code Enforcement Division and Fire Marshal’s Office conducted joint housing inspections on properties located at 20 N. New Street, 29 S. New Street, 37 S. New Street, 105 S. New Street, and 110 S. New Street. Inspection reports were issued, identifying code violations, corrective actions necessary, and a timeline for compliance. Following the inspections conducted in July 2012, the Fire Marshal’s Office and Code Enforcement Division issued inspection reports, which are attached to this report. A number of the code violations that remain are life safety code violations. Conditional Use Authority A Philanthropic Use requires a Conditional Use Permit within a One Family Residence Zone and General Residence Zone per Article 3 Section1.14 and a Social Service Agency requires a Conditional Use Permit within the Central Commercial Zone per Article 3 Section 13.2. The Conditional Use is subject to the requirements of Article 10 §1 further discussed below. When considering requests for Conditional Use Permits, 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

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 6 following sections of the Zoning Ordinance relate to the role of the Commission in reviewing Conditional Use applications: 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 1.4 Conditional use permits. 1.41 Conditional use approval. Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that: (A) The provision in this article under which such permit was issued is still in effect; (B) Such permit was issued in conformity with the provisions of this article; and (C) Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. 1.42 Periodic renewal of conditional use permit. The commission may require that conditional use permits be periodically renewed. Such renewal shall be granted following public notice and hearing in accordance with subsection 1.53. The commission may withhold approval of the renewal upon a determination by the city planner to the effect that such conditions as may have been prescribed by the commission in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. Staff Recommendation: Staff recommends the immediate revocation of the Conditional Use Permit for non-compliance with City codes and the conditions of the Conditional Use Permit approval. Advisory Comments: Action by the Planning Commission relates only to the allowance of the philanthropic use as it relates to requirements of the Zoning Ordinance. Such action shall not preclude the Code Enforcement Division and/or Fire Marshal’s Office from taking additional measures of

Revocation Report C-08-01 House of Pride on North and South New Street September 5, 2012 Page 7 enforcement as they relate to their areas of jurisdiction. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. Attachments: A- Exhibit B- Notice of Initiation Process for Revocation Letter 8-10-12 C- Condemnation Letter of 110 S. New St. Letter 7-19-12 D- Code Enforcement Inspections Results Letter 7-13-12 E- Fire Marshal Inspection Results Letter 7-16-12 F- Code Enforcement History Report 20 N. New St. G- Code Enforcement History Report 29 S. New St H- Code Enforcement History Report 37 S. New St I- Code Enforcement History Report 38 S. New St J- Code Enforcement History Report 55-57 S. New St K- Code Enforcement History Report 105 S. New St L- Code Enforcement History Report 110 S. New St

109 106 RG-1 IO 115 29 House38 of Pride 107 104 42 28 102 216 RG-1 220 25 22 101 RGO Conditional Use RevocationExhibit u l ton 39 RG-1 F 35 34 21 36 IO C-08-01 316 318 C-1 31 32 112 37 34 29 30 IO 9 35 RG-1 27 28 30 RG-1 24 410 23 22 3 34 26 32 6 31 24 19 18 28 16 RG-1 22 12 2 20 15 119 29 f 24 18 Brad RGO 27 11 C-1A 205 1 22 19 25 16 211 209 C-2 ord C-1A 217 108 2 3 12 221 114 RGO 16 225 223 116 RG-1 RG-1 11 C-2 118 15 C-1A 303 122 C-1A 14 307 sion 2 309 Divi 10 25 8 317 313 210 4 7 319 212 27 325 214 C-1A C-1A 224 222 C-1A 8 9 14 230 29 417 405 12 2 7 15 310 16 24 312 11 17 415 316 18 320 13 19 326 C-1A 8 20 21 34 15 23 2 26 7 19 25 38 416 16 28 C-1A 29 40 8 23 30 13 RG-1 32 33 14 29 16 34 RG-1 420 18 30 RG-1 43 31 41 46 40 rs 20 erno Gov 17 34 New 37 24 44 en Que 39 55 23 31 46 46 28 38 41 117 33 RG-1 48 27 34 35 45 50 59 C-2 38 46 41 54 31 53 37 42 56 45 50 55 217 215 39 47 54 59 46 RG-1 49 56 Reed 102 103 43 54 51 305 118 45 101 218 106 345 116 47 57 103 60 102 105 120 49 104 108 C-2 122 64 111 103 53 67 106 68 115 124 61 70 108 411 101 128 63 110 132 105 127 Reed Legend 100 109 112 120 133 420 Dover 105 Parcels 111 C-2 108 107 RG-1 118 139 House 115 of Pride Conditional Use Properties 117 102 117 112 145 Zoning 140 Mino r 114 119 RG-1 123 121 Historic District 120 Kirk 130 141 144 147 118 123 127 C-2 d 128 wo o 133 140 217 150 123 Map Created By: Planning Office 145 122 142 154 131 Date127 Map Printed: 9-7-12 147 File Path: Inspect/DAC/2008/ 144 225 136 211 205 131 January/C-08-01/ 146 201 C-2A C-2 133 Exhibit 9-17-12 315 C-2 148 235 231 80 40 0 80 160 240 320 141 317 303 585 309 n 136 C-2 135 403 erma 415 409 407 C-2 Feet 321 313 305 Loock C-2 2 329 C-2 200 140

City of Dover August 10, 2012 Sent by Certified and Regular Mail Marian Harris House of Pride, Inc. 105 South New Street Dover, DE 19904 Re: Notice of Initiation Process for Revocation of Conditional Use of the properties located North and South New Street, Dover, Delaware C-08-01: House of Pride 20 North New Street ED-05-076.08-05-20.00-000 29 South New Street ED-05-077.05-03-10.00-000 37 South New Street ED-05-077.05-03-08.00-000 38 South New Street ED-05-076.08-05-84.00-000 55-57 South New Street ED-05-077.05-03-02.00-000 105 South New Street ED-05-077.09-01-37.00-000 110 South New Street ED-05-077.09-01-31.00-000 Dear Ms. Harris: This letter serves as notice that the Planning Office is initiating the process to revoke the Conditional Use Permit for the aforementioned properties located on North and South New Street in accordance with Zoning Ordinance Article 10 Section 1.43. The properties are not in compliance with the provisional Conditional Use granted by the Planning Commission. The Planning Commission required that the properties must meet all Building and Life Safety requirements. The Fire Marshal has found numerous Life Safety violations including but not limited to non-operational smoke detectors, outdated or insufficient fire extinguishers, outdated electrical inspections, non self-closing doors and no working fire safety plan. The Code Enforcement Office also identified a number of Code violations. You have thirty (30) days to correct all violations identified in the Fire Marshal and Code Enforcement inspection reports of July 2012 and develop a fire safety plan to be approved by the Fire Marshal’s Office. The Planning Commission also required as part of the Conditional Use approval that the House of Pride have a knowledgeable person on staff to ensure the operation of the fire alarm system, and a working fire safety plan acceptable by the City of Dover Code Enforcement (Case 12- 711). The Planning Commission will hold the annual review of the Conditional Use at their meeting on August 20, 2012 at which time the Planning Staff will inform them of the Public Hearing scheduled for September 17, 2012. The Planning Commission will hold a Public Hearing on revocation of the Conditional Use on the aforementioned properties located North and South New Street at their meeting on September 17, 2012. Staff notes that the property located at 110 South New Street has been condemned by the City of Dover and the House of Pride is appealing the condemnation to City Council. The appeal will be heard by City Council at their meeting on August 13, 2012. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

Notice of Revocation of Conditional Use C-08-01 House of Pride on North and South New Street August 6, 2012 Page 2 of 2 Please be prepared to speak at the Public Hearing on September 17, 2012 to share information as to why the Conditional Use for Recovery and Transitional Housing should not be revoked. Should you have any questions, or require further assistance, please contact me at (302) 736-7196. Sincerely, Ann Marie Townshend, AICP Planning and Community Development Director cc: Sandra Dean Herb Konowitz Janelle Cornwell, AICP Planner II Dave Truax, Fire Marshal Tim Taraila, Code Enforcement Supervisor C-08-01

FIRE MARSHAL City of Dover David J. Truax, FM 1 Fire Marshal Fire Marshal’s Office 15 Loockerman Plaza Dover, De 19903 DEPUTY FIRE MARSHALS Samuel Gonzalez, FM 2 Phone: 302-736-4457 Timothy P. Mullaney Jr., FM 4 Fax: 302-736-4217 _________________________________________________________________________________________________________________ July 16th, 2012 Marian Harris House of Pride 105 South New Street Dover, De 19901 Ref: 2012 Annual Fire/ Life Safety Inspections Results On July 10th, 11th & 12th, 2012 the Annual Fire/Life Safety Inspections for the following House of Pride properties were conducted in conjunction with the requirements outlined by the City of Dover Planning Commission. Below are the items noted during the inspections. 16 North New Street *No inspection conducted due to the property being a rental. Code Enforcement will conduct a Rental Inspection this calendar year. 20 North New Street 1) No current 3yr Electrical Inspection; Last inspection dated 02/17/09 2) Fire Extinguisher is outdated, size not sufficient. 3) Bedroom doors propped open causing self-closing hardware to not latch. 29 South New Street *No current 3yr Electrical Inspection; Last inspection dated 02/17/09. 1st Floor 1) No storage permitted on rear exit steps (Grill/Boxes). 2) Smoke Detector in basement not operational; no battery. 3) Fire Extinguisher is outdated, size is not sufficient. 4) Apt 3- remove switch/bolt locks on top and bottom of door; dead bolt is permitted. 5) Unknown location of chirping smoke detector; check all batteries. * Incents burning on bathroom counter; No occupants were aware of this. 2nd Floor 1) Fire Extinguisher is outdated; Displaying Recharging Needed Condition. 2) Smoke Detector Disconnected in main living area; when connected activates continually. Need a Licensed Electrician to repair and/or replace. 3) All Bedroom Doors propped open; Rear bedroom door not latching. 37 South New Street *No current 3yr Electrical Inspection; Last Inspection dated 02/17/09. 1st Floor 1) Entry door is not latching secure. 2) Fire Extinguisher is outdated. 3) Two refrigerators within kitchen and one large freezer in hallway out cove; Have a licensed electrician check to ensure the electric service for the property can handle the load. P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

2nd Floor 1) Fire Extinguisher is outdated. 2) No hardwired smoke detector in front bedroom; it was removed and exposed wires are still present. 38 South New Street *No Inspection done due to property being involved in a fatal fire incident. 45 South New Street *Storage was kept to a minimal amount to none existing. No operational smoke detectors or Fire Extinguishers present within the residence. Numerous holes in walls and ceilings; Stability on stairwell is questionable. 105 South New Street 1) Battery Operated Smoke Detector not working on the 2nd floor meeting room area. 2) Fire Extinguisher is outdated; needs inspection/tag. 3) Excessive storage in 2nd Floor bedrooms. 110 South New Street Main Hallways/Kitchen 1) Fire Extinguisher on 2nd floor hallway has been discharged, needs to be replaced. 2) Kitchen- Stove cannot be used until burner plate assemblies are replaced. 3) Numerous cigarette butts cans/piles located in hallways on 2nd floor. 4) Front main entrance door not latching. 5) Fire Extinguisher on 3rd floor not annually tagged/inspected. 1st Floor Office Area *Entire space is being used for storage. Not permitted. Apt. 1 *A small refrigerator was noted to be within the apartment. This needs to be checked by a licensed electrician to ensure the electric service can support having such equipment within the room. Apt. 2 * A small refrigerator was noted to be within the apartment. This needs to be checked by a licensed electrician to ensure the electric service can support having such equipment within the room. 1) Padlocks (2) on the interior of the apartment door need to be removed. 2) Padlock (1) on the exterior of the apartment door needs to be removed. Apt. 3 1) Smoke detector not working. 2) Self closing hardware needs to be adjusted. Apt. 4 1) Smoke detector not working. 2) Door closure not working properly. 3) Candles were lit within the apartment and no occupants could be found. Apt. 5 *No violations. Apt. 6 *Unable to gain access House of Pride Staff did not have any keys for entry. 1) Door needs to be labeled with Apt. 6. Apt. 7 1) Smoke detector not working properly; no battery. 2) Numerous surge protectors within apartment; Add outlet or limit use, could be overloading the electric service to that apartment. P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

Please review additional documents in regards to deadlines for correction of the above items and detail of further information regarding the inspections that were conducted. If you should have any questions or concerns regarding the above items noted, please do not hesitate to contact this office at 302-736-4457. Thank you for your attention on this matter, Timothy P. Mullaney Jr. Deputy Fire Marshal CC: Electronic File Dave Truax, Fire Marshal Ann Marie Townshend, Director, Planning & Community Development Tim Taraila, Chief Code Enforcement Officer Corey Reed, Code Enforcement Officer Janelle Cornwell, Planner City of Dover Planning Commission P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

City of Dover DATA SHEET FOR CONDITIONAL USE SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 5, 2012 PLANNING COMMISSION MEETING OF September 17, 2012 Plan Title: Dover First Christian School at 647 Wyoming Avenue C-12-06 Plan Type: Conditional Use Site Plan Property Location: North side of Wyoming Avenue east of New Burton Road and west of Woodford Drive Property Address: 647 Wyoming Avenue Tax Parcel: ED-05-076.20-01-78.00-000 Owner: Seventh Day Adventist Church Building Area: 4,000 SF Proposed Off Street Parking: Required: 71 spaces Proposed: 63 spaces Sewer & Water: City of Dover Present Use: Church Proposed Use: Church with Pre-School and Kindergarten Zoning Classification: R-8 (One Family Residence Zone) Waivers Requested: Partial Elimination of Sidewalk along New Burton Rd. Partial Elimination of Sidewalk along Konschak Ave. Combined Parking Spaces Elimination of Curbing P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

C P CITY OF DOVER I L T A DEVELOPMENT ADVISORY COMMITTEE Y N N APPLICATION REVIEW COMMENTARY O I F N D.A.C. MEETING DATE: September 5, 2012 G D O V APPLICATION: Dover First Christian School at 647 Wyoming Avenue E R FILE #: C-12-06 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Janelle M. Cornwell, AICP PHONE #: (302) 736-7196 PLAN SUMMARY: This Conditional Use Site Plan Review is to permit the construction of a 4,000 SF school building and associated site improvements. The application also includes a Conditional Use to allow for the temporary use of the existing hall within the church to be used as a school. The property is zoned R-8 (One Family Residence Zone). The property is located on the north side of Wyoming Avenue, east of New Burton Road and west of Woodford Drive. The owner of record is Seventh Day Adventist Church. The property address is 647 Wyoming Avenue. Tax Parcel is ED-05-076.20-01-78.00-000. A previous Conditional Use Site Plan application for the construction of a new building and its use as a Day Care Center was reviewed by the Planning Commission in 2004 (S-04-07). Construction of the Day Care Center did not commence and the plan expired in 2006. This application is a Conditional Use Site Plan as identified in Article 3 Section 1.14 of the Zoning Ordinance. 1.14 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 and to any specified requirements set forth below: (a) Places of worship, including parish houses; [and] schools, including nursery schools, kindergartens and day care centers in accordance with article 5, Supplementary Regulations, section 14. Day care facilities; philanthropic and eleemosynary institutions; hospitals and sanitariums for general medical care; and funeral homes subject to the following requirements: i. Any school permitted under this paragraph [subsection 1.14(a)] shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder. ii. Any school permitted under this paragraph [subsection 1.14(a)], other than a kindergarten, nursery school, or day care center, shall occupy a lot with an area

C-12-06 Dover First Christian School at 647 Wyoming Ave. DAC Report – September 5, 2012 Page 2 of not less than two acres, plus one acre for each 100 pupils for which the building is designed. iii. Any kindergarten or nursery school permitted under this paragraph [subsection 1.14(a)] shall be limited to a maximum of 50 children in zones R-8 thru R-20 and a maximum of 100 children in all other zones. At least 100 square feet of outdoor play space per child shall be provided. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet. The minimum lot area for each ten, or remainder over the multiple of ten, children shall be the same as the minimum lot area requirement for each dwelling unit in the districts in which such uses are to be located. iv. No such building or part thereof shall be erected with less than a 50-foot front yard or nearer than 25 feet from any other street or property line. v. The sum of all areas covered by all principal and accessory buildings shall not exceed 20 percent of the area of the lot. vi. Courts shall conform to the requirements of article 5, section 3 hereof. This Conditional Use Site Plan is subject to the requirements of Article 10 §1 further discussed below. With Conditional Use Site Plan applications, the Planning Commission reviews the proposed project to determine whether or not the intended use is appropriate in type and scale for the immediate neighborhood. The Commission must also consider whether or not the proposed use will have an adverse impact on the future orderly development of the surrounding area. The following sections of the Zoning Ordinance which relate to the role of the Commission in reviewing Conditional Use applications are particularly relevant when reviewing this application: Article 10 Section 1 1.1 Accessibility for emergency response. That all proposed structures, equipment or material shall be readily accessible for fire, ambulance, police, and other emergency response; 1.2 Harmony of location, size and character. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the zone in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or adjacent to, a residential zone: 1.31 The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the said residential district or conflict with the normal traffic of the neighborhood; and 1.32 The location and height of buildings, the location, nature and height of walls and fences, the nature and extent of landscaping, and other improvements on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

C-12-06 Dover First Christian School at 647 Wyoming Ave. DAC Report – September 5, 2012 Page 3 Site Considerations The application includes the use of the existing hall in the church building to be used as the school until the new school building has been constructed. The new school will be constructed at the west end of the existing parking lot. The outdoor play area will be located on the north side of the school building. A fence will be placed around the play area. Building Architecture The building is proposed to be a metal building with a pitched side gable metal roof. The exterior wall finish is a vertical metal siding. The watertable area (lower part of the exterior wall) around the bottom of the entire building will be a different color than the rest of the metal siding on the building. Windows (simulated divided light windows) with shutters are located on all sides of the building. The front elevation, facing the parking lot, the right side elevation, and the rear elevations will also have doors. Porticos will be located over all of the doors. The architecture of the building needs to reflect the architecture of the surrounding residential neighborhood per Article 5 Section 19 (2) and Article 10 Section 2.28 of the Zoning Ordinance. Waiver to be Requested: Reduction in Parking The use as a church has a parking calculation of one (1) off-street parking space for every four (4) seats. Based on the number of seats within the church totaling 250, sixty-three (63) off-street parking spaces are required. The use as a kindergarten has a parking calculation of one (1) off- street parking space for every adult attendant and one (1) for every twenty (20) children. Based on the number of adult attendants (6) and children (37), eight (8) off-street parking spaces are required for the use as the kindergarten. The two combined uses required seventy-one (71) parking spaces. The site provides sixty-three (63) parking spaces. The Planning Commission may reduce the overall number of parking spaces if it can be demonstrated that the two uses generate a demand for parking during different periods per Article 6 Section 3.8 of the Zoning Ordinance. A written waiver request letter for the use of the combined parking spaces section of the Zoning Ordinance based on the different operational periods of the two uses has been submitted to the Planning Office for consideration by the Planning Commission. Bicycle Parking The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. Based on the number of 71 required parking spaces, four (4) bicycle parking spaces are required. The bicycle parking will be located between the church and the school building. Dumpster The institutional use requires one (1) dumpster pad. There is an existing dumpster pad and enclosure on the site. The minimum size for a dumpster pad is 12’x12’. The dumpster pad location appears to interfere with the location of a parking space. The placement could make trash collection difficult. The dumpster pad may need to be relocated depending upon the method of trash collection. Waiver to be Requested: Curbing Article 6 § 3.6 (b) requires curbing is for all parking areas. The plan does not provide curbing around the parking areas. A written waiver request for the elimination of curbing for stormwater management has been submitted to the Planning Office for consideration by the Planning Commission.

C-12-06 Dover First Christian School at 647 Wyoming Ave. DAC Report – September 5, 2012 Page 4 Waiver Request: Partial Elimination of Sidewalk Article 5 §18 requires sidewalks to be installed along the public street frontage of a property. There is an existing sidewalk along Wyoming Avenue. Sidewalk is proposed along Woodford Drive. A sidewalk connection into the site is required. Sidewalk is not proposed along New Burton Road. A written waiver request for the elimination of sidewalk along New Burton Road has been submitted to the Planning Office for consideration by the Planning Commission. Sidewalk is not proposed along Konschak Avenue. A written waiver request for the elimination of sidewalk in the area of Konschak Avenue has been submitted to the Planning Office for consideration by the Planning Commission. Tree Planting The submitted plan does include the requisite Landscaping Plan elements. Based on the total site area of 3.9923 acres (173,905 SF+/-) for the site, fifty-eight (58) trees are required. The plan indicates thirty-three (33) existing trees on site. The plan indicates that twenty-five (25) new trees will be planted. The trees proposed are a mixture of deciduous and evergreen trees including Douglas Fir, White Pine and October Glory Red Maple. All trees shall be located ten (10) feet from utilities. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) Sidewalk shall be constructed in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. Written waiver requests for the elimination of sidewalk along New Burton Road and the elimination of sidewalk along Konschak Avenue have been submitted to the Planning Office for consideration by the Planning Commission. 2) Parking shall be constructed in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request letter for the use of the combined parking spaces based on the different operational periods of the uses has been submitted to the Planning Office for consideration by the Planning Commission. 3) Curbing shall be constructed in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request for the elimination of curbing for stormwater management has been submitted to the Planning Office o for consideration by the Planning Commission. 4) The Data Column and Notes will need to be updated prior to Final Approval with the following: a) Any changes recommended or approvals by the Planning Commission. b) Revise items #8 to state that the parking requirement for a church is 1 parking space for every four seats. c) Revise item #8 to state that 63 parking spaces are required for the use as the church. d) Revise item #8 to state that 8 parking spaces are required for the use as the school based on the number of children (2 parking spaces) and adult attendants (6 parking spaces). e) Revise item #9 to state that there are 63 proposed parking spaces.

C-12-06 Dover First Christian School at 647 Wyoming Ave. DAC Report – September 5, 2012 Page 5 f) Provide a note regarding the method of trash collection. g) Provide a note regarding the bicycle parking calculation. 5) Provide construction details for the following but not limited to: sidewalk, fence, dumpster enclosure ensuring the enclosure matches the architecture of the main structure, and bike rack. 6) Identify a reserve area for the required eight (8) parking spaces that are required if a waiver for combined parking spaces is granted by the Planning Commission. 7) Provide a legend on the Plan Sheets. 8) Provide ADA accessible sidewalk connections at the road intersections. 9) Provide a sidewalk connection into the site. 10) Relocate the dumpster and dumpster pad if necessary for trash collection. 11) Indicate the height of the fence around the outdoor play area. The minimum height for the fence is four (4) feet. 12) Provide the following on the Landscape Plan Sheet: a) Clarify the number of existing trees on the site. The Tree Density Notes indicate that there are 33 existing trees; however, there appear to be 35 shown on the plan. b) Clarify if there are any existing shrubs located on the site. c) Revise the legend to indicate all of the symbols used for the existing trees. d) Indicate where the tree protection will be located. e) Provide a tree protection detail. f) Provide a landscape buffer between the parking lot and Woodford Drive. A thick hedge is required in this area as the parking lot is across from residences. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Recommendations on Waiver Requests: a. Partial Elimination of Sidewalk on New Burton Road: Staff recommends denial of the request to eliminate sidewalk along New Burton Road. Sidewalk in this area would provide a safe place for pedestrian traffic along New Burton Road and it would create a sidewalk network along New Burton Road. b. Partial Elimination of Sidewalk on Konschak Avenue: Staff recommends approval of the elimination of the sidewalk along Konschak Avenue as the sidewalk will lead into the dead end road and the installation of sidewalk in this area would remove the existing landscape buffer between the church and the residential properties to the north. c. Combined Parking Spaces: Staff recommends approval of the combination of the parking spaces as the uses of the church and school facility will have different hours of operation. d. Elimination of Curbing: Staff recommends approval of the wavier for the

C-12-06 Dover First Christian School at 647 Wyoming Ave. DAC Report – September 5, 2012 Page 6 elimination of curbing around the parking areas as the elimination of curbing will provide for drainage into the stormwater management areas. 2) Staff recommends approval of the use of the existing hall within the church as the school until a Certificate of Occupancy has been issued for the new school building, or until September 30, 2013. Once a Certificate of Occupancy has been issued or September 30, 2013 has passed the use of the hall within the church shall cease use as the school. 3) Staff notes that the architectural design of the school building is required to reflect the character of and the architecture of the existing church building and the surrounding residential neighborhood. While the proposed school building’s proportions, mass, and roof form are generally compatible with the character of the area, potential revisions to the exterior materials may further address its compatibility with the architectural characteristics. Suggestions for consideration would include the choice of different materials (brick, horizontal siding, etc.) for the sides of the building, the selection of color choices that are compatible with the residential neighborhood, and additional details like corner trim boards, alternative materials for the watertable area, etc. 4) Staff recommends that any outside HVAC Equipment be designed to minimize the impact on adjacent property owners, adequately screened from public view and the overall visible impact on the streetscape. The location should be depicted on the plan. ADVISORY COMMENTS TO THE APPLICANT: 1) Following Planning Commission approval of the Conditional Use Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 2) The applicant shall be aware that the Conditional Use Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 3) In the event, that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Site Plan contact the Planning Office. Examples include relocation of the building placement. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2012 APPLICATION: DOVER FIRST CHRISTIAN SCHOOL, 647 WYOMING AVE. FILE #: C-12-06 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/Public-Documents-4017/. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter.

Dover First Christian School File #: C-12-06 August 29, 2012 Page 2 of 3 5. Per the Water/Wastewater Handbook; each property shall be served by a single water service line which shall be furnished and installed by the property owner. In the event a property contains multiple principle structures, such as shopping centers or apartment complexes, the property shall be served by a single water main where a water service line may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water facilities. Please indicate the proposed water service methodology on the plans. Indicate on the plan the size and location of the existing water meter. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. 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. 6. The minimum size of all sanitary sewer laterals shall be six-inch (6”). 7. A cleanout shall be installed, with a wye connection, at the connection point of the proposed sewer lateral and existing sewer lateral. STORMWATER/ SANITATION/ STREETS/GROUNDS 1. None GENERAL 1. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format) and Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. The proposed building location will require that the electric service be relocated at the owners expense. WATER / WASTEWATER / STORMWATER / STREETS/GROUNDS/GENERAL 1. None SANITATION 1. Currently, this site has bi-weekly trash service for two (2) non-residential containers. As depicted on the plan, the dumpster location is not acceptable for future service, due to the fact that parking spaces are proposed in front of the dumpster pad. Please redesign said pad or provide a design that is suitable for private service.

Dover First Christian School File #: C-12-06 August 29, 2012 Page 3 of 3 ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None WATER / WASTEWATER / STORMWATER/SANITATION/STREETS/GROUNDS/GENERAL 1. None GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: September 5, 2012 D S O H V A E L R APPLICATION: Dover First Christian School - 647 Wyoming Avenue FILE #: C-12-06 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: No fire lane requirements 1. Any gas fired HVAC equipment must be equipped with emergency cutoff switches remotely located. 2. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. 3. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. 4. Full building and fire plan review is required. 5. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. 6. All required means of egress shall have an exit discharge consisting of a non slip surface, and leading to and terminating at a public way. 7. Fire alarm system required.

DAC Report Dover First Christian School Page 2 8. Knox Box required. 9. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: NONE ADVISORY COMMENTS TO THE APPLICANT: 1. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. 2. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. 3. The proposed building will be reviewed under Educational Occupancy. 4. The City of Dover uses the 2009 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2009 Delaware State Fire Prevention Regulations. 5. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 29, 2012 T =============================================================== APPLICATION: Dover Christian School at 647 Wyoming Avenue FILE#: C-12-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: • Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, an 80-foot wide right-of- way (40-feet from the centerline) is required for a major collector road. According to Kent County Classification Maps, KCR 190 (New Burton Road) is classified as a major collector road, which requires an 80-foot wide right of way (40-feet from the centerline). The department may require a Right-Of- Way dedication to public use. • The department may require the applicant to provide proper forms, fees, and plans in order to be issued a letter of no objection. • ADA compliant curb ramps and sidewalks should be installed along the frontage roads. ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY SEPTEMBER 2012 APPLICATION: Dover First Christian School FILE #: C-12-06 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to conditional use site plan of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: Organization APPLICATION: Dover First Christian School at 647 Wyoming Avenue FILE #: C-12-06 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 9/17/2012 Project Review C-12-06 Dover First Christian School at 647 Wyoming Aveenue This site is fully served by transit with Dart Bus 103 that uses New Burton Road to get to Kesselring Ave and ultimately Rodney Village Shopping Center. There is not a stop at the intersection of Wyoming Ave and the applicant should coordinate with DART to establish a stop at the facility. There are sidewalks along Wyoming Ave to the intersection. Sidewalks have not been installed along the west side of Woodford Drive or the east side of New Burton Road. The MPO feels sidewalks are essential in the neighborhood at Woodford Drive. There are topographic issues with the ROW on New Burton Road, but the MPO feels the owner should also install sidewalks along the 570+/- feet of frontage. There are no bicycle facilities at the church. Bicycling is an viable alternative for employees and perhaps parents of clients. The standards required by the City of Dover should be considered a minimum for this new facility. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 5, 2012 PLANNING COMMISSION MEETING OF September 17, 2012 Plan Title: DelTech Office of the President/Administration Building Addition S-12-15 Plan Type: Site Plan Review Tax Parcel: ED-05-057.00-01-01.00-000 Owner: State of Delaware c/o Delaware Technical & Community College Project Engineer: Becker Morgan Group Proposed Use: Offices and Administration Building Project Area: 2.86 acres +/- (total area of site disturbance) Building Areas: Existing PA Building – 9,164 S.F. Proposed Building Addition – 5,900 S.F. Proposed Entrance Addition – 129 S.F. Total – 15,193 S.F. Impervious Areas: Project Site Existing – 28,485 S.F. Project Site Proposed –13,464 S.F. Total – 41,949 S. F. Off Street Parking: Required for Campus – 974 spaces Provided for Campus – 1,333 spaces Sewer & Water: City of Dover Present Zoning: IO – Institutional and Office Zone Waivers Requested: Elimination of the Loading Space Partial Elimination of Upright Curbing P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover Planning CITY OF DOVER Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 5, 2012 APPLICATION: DelTech Office of the President/Administration Building: Building Addition at Terry Campus FILE #: S-12-15 REVIEWING AGENCY: City of Dover Planning Tracey Harvey and CONTACT PERSON: Dawn E. Melson-Williams, AICP PHONE #: (302) 736-7010 PLAN SUMMARY: This Site Plan application for review is to permit the construction of a 6,029 S.F. building addition to the existing Office of the President/Administration Building on the campus of Delaware Technical Community College: Terry Campus. The property is zoned IO (Institutional/Office Zone). The property is located on the west side of North DuPont Highway north of Scarborough Road. The owner of record is State of Delaware c/o Delaware Technical Community College. Address: 100 Campus Drive. Tax Parcel: ED-05-057.00-01-01.00-000. Council District 3. Previous Applications: Several applications for projects on the DelTech Campus have been reviewed. The most recent application S-12-05, reviewed by the Planning Commission in March 2012, involved a building addition consisting of 4,178 S.F. to the Science and Engineering Technology Building. The Planning Commission granted conditional approval of the Site Plan on March 19, 2012. In April 2011, the Planning Commission reviewed application S-11-05 that involved a building addition to the Center for Energy Education and Training Building. This building addition to the CEET Building is complete. The project also involved some site improvements near the addition and tree planting requirements. In August 2007, the Planning Commission reviewed a Site Plan application (S-07-41) to permit the realignment of a portion of the existing Loop Road on the northeast side of the campus and construction expanding the adjacent Parking Lot 2. The project area involved 2.45 acres +/- of the DelTech Terry Campus. Following Final Plan approval, construction commenced to relocate the road and as a result approximately 96 parking spaces were added to Parking Lot 2 (Lots P16 and P17 on Campus Parking Plan of 3/4/11). Prior to 2007, application S-99-20 Del Tech Loop Road Master Plan was reviewed by the Planning Commission in September 1999 with Final Plan approval received May 9, 2000. Site Plan S-99-20 consisted of a conceptual plan for a series of loop roads to circle the existing

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 2 buildings on the campus and a detailed site plan for the Phase I of the loop road project. Also included in the submission were a detailed site plan for a sports complex in the southwest side of campus and a detailed landscape plan for the campus. The first phase of construction involved building the loop road and associated pedestrian/bicycle path from the Scarborough Road around the former PolyTech High School building and linking into the main campus access road. A conceptual plan for Phase II of the loop road on the eastern side of campus was provided for informational purposes in order to connect the remaining lands reserved for future development into the campus road system. SITE CONSIDERATIONS The Office of the President/Administration Building is located in the northern portion of the campus on the west side of North DuPont Highway and south of West Denneys Road and north of Scarborough Road. The building areas for the additions are located on the north and south side of the existing building. While connected to the existing building, the addition will have its own entrance at the front of the building. BUILDING ARCHITECTURE Renderings depicting the existing building and the new Office of the President/Administration Building addition were submitted with this application. The building addition is one story like the existing building. Likewise, it is clad in a brick veneer with a standing metal roof including the placement of new metal gutters, downspouts and fascia. The renovations emphasize the rectangular panels above the windows and the spandrel glass panels outlining the windows. PARKING SUMMARY For colleges and universities, the required parking is based on the seat count within the main auditorium/cafeteria or gymnasium gym at a rate of one parking space per every five seats (Zoning Ordinance, Article 6 §3.1). If these types of spaces are not present then the calculation is based on the bulk standards of the zoning district. The minimum off-street parking requirement for the IO (Institutional and Office Zone) is based upon the building square footage at a rate of at least one space per 300 square feet of floor area (Zoning Ordinance Article 4 §4.14). As part of previous application S-11-05, the applicant provided a Campus Parking Plan (3/4/2011) as a reference with information on the building square footage and parking lot space counts (Plan copy on file in application file S-11-05). With this building addition project, the building area and parking calculation has been updated. (Note: An updated Campus Parking Plan is included with Application V-12-10.) Based on a building area total of 292,099 S.F. for the entire campus (including the proposed project for the building addition), the campus requires 974 parking spaces. On the DelTech campus there are several large surface parking lots. The data column on the plan lists a total of 1,333 parking spaces including 35 handicapped parking spaces for the campus. While the number of parking spaces exceeds the maximum parking limitations of the Zoning Ordinance, the existing parking on the campus considered an existing condition and can remain. However, any increase in the number of parking spaces will require a variance as the parking on the property exceeds the 25% of required. Currently, the Office of the President/Administration Building includes a parking lot of 29 spaces and 2 handicap spaces for a total of 31 spaces. However, there are plans for the construction of an expansion to create an adjacent parking lot in the future. A variance application has been filed for consideration by the Board of Adjustment at their meeting of

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 3 September 19, 2012 (V-12-10). The applicant is seeking a variance to exceed the maximum parking limitation and allow for expansion of the adjacent parking lot by 22 spaces. Waiver Request: Elimination of Loading Space For office buildings, laboratory establishments and schools, loading spaces are required at a rate of one space per 10,000-25,000 S.F. of floor area with an additional space for each 25,000 S.F. Thus the overall new building size will require one (1) loading spaces based on the square footage of the building with the addition. The plan does not indicate any loading spaces specific to this building. A written waiver request for the elimination of the loading space was submitted for consideration by the Planning Commission citing limitations on its placement due to mature trees and other existing conditions. Bicycle Parking The minimum bicycle parking is one (1) bike space for every twenty (20) parking spaces. With the project for the CEET Building Addition, the bicycle parking campus wide was evaluated and the Planning Commission accepted a total of thirty-four (34) bicycle parking spaces (26 existing and 8 new spaces) as satisfying the bicycle parking requirement for the campus. Throughout the DelTech campus there are bicycle parking racks located near the major buildings on campus and one in the Park and Ride Parking Lot. It appears that no bicycle rack is located near this building. Sidewalks & Lighting With the Office of the President/Administration Building Addition, several sidewalk paths will be created near the new entrance to connect to the existing sidewalk network in the area. There is an existing sidewalk along nearby portions of East Campus Drive. An asphalt multi-use path passes through the area between this building and West Denneys Road. However, there is not a connection between the multi-use path or the sidewalk along West Denneys Road frontage that connects into the campus’ internal sidewalk network. The Plan indicates the existing lighting along East Campus Drive. Waiver Request: Partial Elimination of Upright Curbing Article 6 § 3.6 (b) requires upright curbing for all parking areas. The plan provides curbing around most of the parking areas; however, specific curb cuts will be necessary if the future parking lot is constructed. The curb cuts will allow for drainage into the stormwater management area. A written waiver for the partial elimination of curbing to allow for drainage into the stormwater management area has been submitted to the Planning Office for consideration by the Planning Commission. Dumpsters Based on the overall size of 15,193 S.F. for the Office of the President/Administration Building with this building addition (an institutional building), one Dumpster is required in accordance with Article 5 §6.12 of the Zoning Ordinance. A Dumpster pad is reserved to the east of the building which serves the Office of the President/Administration Building. It was noted in a previous application that trash is collected through a private service on the campus. LANDSCAPE PLAN As part of application S-99-20 for the 112 acre campus, based on the non-woodland area of the site (85.1 acres), a total of 1252 trees were required for the entire DelTech campus. At that time, a survey of the existing trees at that time determined that there were 608 trees to be preserved

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 4 throughout the campus with a majority of them located in the Phase 2 area. The Master Plan proposed to plant 284 new tree plantings in Phase 1 of the campus, and 360 trees in Phase 2. Associated with the CEET Building Addition project, an evaluation of the existing tree plantings in Phase 1 of the campus indicated that approximately 168 trees of the required 284 trees were planted. To address these tree planting deficiencies in the Phase I portion of the campus, an implementation plan for a five year planting was developed. A portion of the trees required for the Phase 2 area of the campus were to be planted with recent projects. For the Loop Road Realignment project of 2007 and its project area of disturbance of 2.45 acres, a total of thirty-six (36) trees were required and fifteen (15) additional trees were planted. The previous project for the SECT Building Addition located with the Phase 2 area of the campus required fifty-seven (57) trees consisting of eighteen (18) new trees planted and thirty-nine (39) existing trees. Thus, the tree planting balance for other areas in remaining Phase 2 development area will require new tree plantings to achieve a minimum of 267 additional trees (a total of 360 trees in Phase 2). Since a majority of this portion of the campus is undeveloped at this time, the tree planting requirements are recommended to be implemented as projects are proposed for construction. The current project for the Office of the President/Administration Building is also located with the Phase 2 area of the campus. The Landscape Plan sheet L-101 indicates that an area of 2.86 acres was utilized to determine the required tree plantings. For an area of 2.86 acres, a total of forty-two (42) trees would be required. The plan counts seventeen (17) new tree plantings and twenty-five (25) existing trees to be preserved towards this requirement. Most of the existing trees are surrounded by the Office of the President/ Administration Building on the east and west side of the building. The new trees proposed are the Winter King Hawthorn, Tuscarora Crape Myrtle and the Shademaster Honey Locust. All trees shall be planted ten (10) feet from the building. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The data column (Sheet C-001) needs to be updated prior to Final Approval with the following: a) Any changes recommended, waivers granted, or other approvals by the Planning Commission. b) The action on each waiver request should be listed. 2) Add title of signee on behalf of in the owner’s certification. 3) Upright Curbing shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request for the partial elimination of curbing to allow for stormwater management has been submitted for consideration by the Planning Commission.

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 5 4) One loading space shall be constructed as required by the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request for the elimination of the loading space has been submitted for consideration by the Planning Commission. 5) A sidewalk must be added leading from the street frontage sidewalk along West Denneys Road and the multi-use path into the DelTech campus along North Delaware Tech Drive. Placement of the sidewalk on the east side of the entrance road will allow for an interconnection and crosswalk at the intersection of East Campus Drive where the internal site sidewalk system begins serving the main buildings on campus to the south. 6) Provide a note on the plan stating that the dumpster pad shall be constructed if it is determined to be necessary by the Planning Director. 7) Ensure the sidewalk area from the handicapped parking spaces includes an accessible ramp and at other points of intersection with parking lot areas. 8) Landscape Plan: a) List the number of proposed trees for the project area as 17 and 11 are shown on the plan drawing. 9) Any increase in the number of parking spaces on the DelTech campus will require a variance as the existing parking on the property exceeds the 25% maximum of Code required parking. A variance request has been filed for consideration by the Board of Adjustment regarding the future parking lot expansion depicted on this plan submission. a) Information depicting the future parking lot expansion must be updated on the plan in accordance with the action taken by the Board of Adjustment. b) If the variance is denied, then a design revision to several site improvements will be required. 10) Construction details such as the following but not limited to: sidewalk, barrier free sidewalk, paving, dumpster enclosure, dumpster pad, curbing, bicycle rack, handicap signage, etc. will be required. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Recommendations on Waiver Requests: Planning Staff recommends the following waiver request: A. Elimination of Loading Space: Staff recommends approval of the elimination of the loading space as no large scale deliveries are expected to be delivered at this office building on a regular basis. B. Partial Elimination of Upright Curbing: Staff recommends approval of the partial elimination of curbing for curb cuts as associated with stormwater management practices. Also there is a portion of the existing parking lot which does not appear to have curbing; this existing condition can continue. A stormwater management area will be proposed in an area near Campus Drive East to allow for the stormwater runoff on the project site area.

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 6 2) Bicycle Parking: Staff recommends acceptance of the overall number of 34 bicycle spaces for the campus. However, Staff recommends that a bicycle rack be added near this building. 3) Sidewalk Connection: Staff recommends the addition of connecting sidewalk link proceeding north from the newly expanded sidewalk network on the east side of this building to connect to the multi-use path. 4) Planning Staff recommends the continued implementation of the tree plantings for Phase 2 area of the Del Tech Campus (as defined in the 1999 Master Plan) as those portions of the Campus are developed. The required Tree Planting and Preservation requirements of the Zoning Ordinance would need to be met for each project site area. A significant portion of the Phase 2 area remains undeveloped at the present time. 5) Staff recommends that any outside HVAC Equipment be designed to minimize the impact on adjacent property owners, adequately screened from public view and the overall visible impact on the streetscape. The location should be depicted on the plan. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the waiver requests for the project as part of any motion to approve this project, or as a separate motion if necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. Compliance with other agency technical review comments is required. 3) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff and other agencies providing comments. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement. 4) In the event, that major changes and revisions to the Site Plan or building design 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. 5) Construction activities will have an effect on-site visitors and nearby circulation routes. Any work requiring the closing or rerouting of students, staff, and visitors to the on-site building, to adjacent parking areas and streets should be coordinated as to offer the least amount of inconvenience. 6) The applicant/developer shall be aware that prior to the continuation of ground disturbing activities on the site the project must receive Final Plan approval and the appropriate City Departments and agencies must be notified.

FINAL DAC Report S-12-15 DelTech Office of the President/Administration Building: Building Addition September 5, 2012 Page 7 7) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. This would include separate permits for the installation of the solar and wind energy systems. 8) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. The installation of certain types of signs requires a Sign Permit from the City of Dover prior to placement of any such sign. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2012 APPLICATION: Del Tech Office of the President Building Addition FILE #: S-12-15 REVIEWING AGENCY: City of Dover CONTACT PERSON: Steve Enss - Electric Jason A. Lyon - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for locating all private electric, water, sewer, and storm sewer lines. 2. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 3. Owner is responsible for site and/or street lighting. 4. Meter locations will be determined by City of Dover Engineering Department. 5. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 6. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 7. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 8. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 9. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 10. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project.

DelTech Office of the President Building Addition File #: S-12-15 August 29, 2012 Page 2 of 4 b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. This includes curb stops. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. Please call out the use of a “Powerseal 3490AS” Tapping Sleeve and Valve on the proposed fire main connection. 6. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. Per the Water/Wastewater Handbook; no structures, including permanent signage, may be located within ten feet (10’) of water and wastewater utility infrastructure. This plan depicts a structure being built on top of an existing water service. This plan depicts a new fire service connection, please revise the plan to show the domestic service tapped off of said fire main. 7. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements.

DelTech Office of the President Building Addition File #: S-12-15 August 29, 2012 Page 3 of 4 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. 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. 6. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS/SANITATION/GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER 1. Be advised that the required size of a hydrant lead is only six inches (6”). WASTEWATER/STORMWATER/STREETS/SANITATION/GROUNDS/GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. The proposed addition will require that the electric service be relocated. All work will be at the owners expense. WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan

DelTech Office of the President Building Addition File #: S-12-15 August 29, 2012 Page 4 of 4 sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans must be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. STORMWATER/STREETS/GROUNDS 1. None. SANITATION 2. This property has private trash service. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: September 5, 2012 D S O H V A E L R APPLICATION: Del Tech - Office of President__________________________________ FILE #: S-12-15 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Existing access will remain as sprinkler protection will be extended into the existing side of the building. 2. Any gas fired HVAC equipment must be equipped with emergency cutoff switches remotely located. 3. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. 4. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. 5. Full building and fire plan review is required. 6. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. 7. 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.

DAC Report Del Tech Office of President Page 2 8. Sprinkler system required. System to be monitored. 9. Fire Department connection to be located within 50 feet of main entrance. 10. Fire Department connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 11. Fire alarm system required. 12. Knox Box required. 13. If proposed parking lot is not approved, the fire hydrant will have to be relocated. 14. If proposed parking lot is approved the fire hydrant will need to be relocated to the island and face the incoming driveway. 15. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: NONE ADVISORY COMMENTS TO THE APPLICANT: 1. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. 2. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. 3. The proposed building will be reviewed under Business Occupancy. 4. The City of Dover uses the 2009 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2009 Delaware State Fire Prevention Regulations. 5. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: August 29, 2012 T =============================================================== APPLICATION: DelTech Office of the President Building Addition FILE#: S-12-15 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, an 80-foot wide right-of-way (40-feet from the centerline) is required for a major collector road. According to the Kent County Classification Maps, KCR 100 (West Denneys Road) is classified as a major collector road, which requires an 80-foot wide right of way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. 2. Constructing, upgrading, or providing a monetary contribution to DelDOT may be necessary to obtain ADA compliant curb ramps and sidewalks along West Denneys Road. Also, a 15’ permanent easement for a multi-use path (MUP) must be shown along the site frontage on West Denneys Road. 3. The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 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.

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WATERSHED STEWARDSHIP 89 KINGS HIGHWAY DOVER, DELAWARE 19901 OFFICE OF THE PHONE: (302) 739-9921 DIRECTOR FAX: (302) 739-6724 Memorandum DATE: August 17, 2012 TO: Dawn Melson-Williams, Planner City of Dover FROM: Elaine Z. Webb, P.E., Engineer IV Sediment & Stormwater Program RE: Development Advisory Committee S-12-15 DelTech Office of the President Building Addition CC: Jamie Rutherford, Program Manager Robert Hayes, Becker Morgan Group Please accept the following comments from DNREC Sediment and Stormwater Program in regards to the above referenced application: 1. A detailed sediment and stormwater management plan must be approved prior to any land disturbing activity taking place on the site. The DNREC Sediment and Stormwater Program will be the approval agency for this project. The consultant has already met with our office to discuss the stormwater management design for this project. 2. If the land disturbance will exceed 1.0 acre, a Notice of Intent for Storm Water Discharges Associated with Construction Activities and the $195 NOI fee must be submitted to DNREC prior to any construction activity taking place on the site. If you should have any questions, please do not hesitate to contact me at (302) 739-9921 or Elaine.Webb@state.de.us. Delaware’s good nature depends on you!

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY SEPTEMBER 2012 APPLICATION: DelTech Office of the President Building Addition FILE #: S-12-15 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. Please refer to the fee schedule for those amounts. 2. The following notes must appear on the record plan:  The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection.  The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary.  A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. 3. A soils investigation supporting the stormwater management facility design is required to determine impacts of the seasonal high groundwater level and soils for any basin design. ADVISORY COMMENTS TO THE APPLICANT: 1. Green Technologies (bio retention, bio swales etc.) must be considered before traditional facilities can be considered. 2. The preferred methods of stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 3. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 4. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved. 5. Based on the site characteristics, a pre-application meeting will be required to discuss stormwater management and drainage for this site.

CITY OF DOVER Dover/Kent County DEVELOPMENT ADVISORY COMMITTEE Metropolitan APPLICATION REVIEW COMMENTARY Planning Organization D.A.C. MEETING DATE: 9/5/2012 APPLICATION: DelTech Office of the President Building Addition FILE #: S-12-15 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 9/17/2012 Project Review S-12-15 DelTech Office of the President Building Addition This site is fully served by Transit with s bus stop at the north entrance, several hundred feet from the subject building, and the park and ride facility on the south side. The sidewalks in the immediate area of the President’s Office are scattered and do not form or add to a complete pedestrian network. The MPO recommends installing sidewalks at Campus Drive East, but more importantly on the entrance at North DelTech Drive. A connection from the proposed new sidewalk leading to the entrance on the east side of the added building to the multi-use path will help to begin forming a connected pedestrian system on campus. Adding the sidewalks suggested also enhances pedestrian access to the college buildings. Consideration should be given to defining access through the parking lots to reach the buildings as well. The bike access and parking on the site required by the City are mandatory. There are scattered sidewalks on the site leading into the site from US 13 or Scarborough Road. There are no sidewalks leading from Denny’s Road, or the multi-use path that generally follows Denny’s Road into the site. Similarly, it is not clear what bicycle facilities, both storage and access, are on the campus. The Dover/Kent County Metropolitan Planning Organization offers our assistance to develop a pedestrian plan, and perhaps a bicycle plan for the campus. If there is interest in developing such a plan, please contact me or Rich Vetter, Executive Director to arrange a meeting time. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

City of Dover DATA SHEET FOR SITE DEVELOPMENT REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF September 5, 2012 PLANNING COMMISSION MEETING OF September 17, 2012 Plan Title: Dick’s Sporting Goods: Building Addition at Dover Mall S-12-16 Plan Type: Site Development Plan Property Location: East side of North DuPont Highway Property Address: 1365 North DuPont Highway Tax Parcel: ED-05-057.00-01-14.00-000 Owner: Dover Mall, LLC Project Engineer: Becker Morgan Group Site Area: 149.3225 acres+/- Project Area: 4.729 acres +/- (206,008 S.F.) Existing/Proposed Use: Retail Shopping Center with additional tenant Building Areas: Gross Leasable Area of Existing Mall Building: 834,782 S.F. Gross Leasable Area as Proposed with Addition: 875,911 S.F. Existing Building Area for use by Tenant: not listed Proposed Building Addition by Tenant: not listed Total Building Area of Tenant: 53,183 S.F. Impervious Area in Project Area: Existing – not listed Proposed – not listed Parking: Required for Mall: 2950 parking spaces Total Existing Parking Spaces: 4407 parking spaces Total Parking Spaces as Proposed with Addition: 4235 parking spaces Sewer & Water: City of Dover Zoning Classification: SC-3 (Regional Shopping Center Zone) SWPOZ (Tier 3: Excellent Recharge Area) Waiver Requested: Bicycle Parking Reduction P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of CITY OF DOVER Dover Planning DEVELOPMENT ADVISORY COMMITTEE Office APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: September 5, 2012 APPLICATION: Dick’s Sporting Goods Building Addition to Dover Mall FILE #: S-12-16 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 PLAN SUMMARY: This application review of a Site Development Plan is to allow for the construction of a 53,183 SF addition and associated site improvements to the existing Dover Mall. This building addition is for a new tenant, Dick’s Sporting Goods. The subject parcel of land is zoned SC-3 (Regional Shopping Center Zone) and is subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3 – Excellent Recharge Area. The property is located on the east side of North DuPont Highway south of Rustic Lane. The owner of record is Dover Mall, LLC. Address: 1365 North DuPont Highway. Tax Parcel: ED-05-057.00-01-14.00-000. Council District 3. Previous Applications: Since the Dover Mall’s initial construction in the 1980’s, several building expansions and site improvements have occurred. Most recently in September 2007 Application S-07-44 Dover Mall Grading Plan involved woodland clearing and site grading on the eastern portion of the Mall property. Other applications at the Dover Mall property include the following: Application SB-98-18 Dover Mall Minor Lot Line Adjustment Plan, S-98-20 Building Addition for Carmike Movie Theaters, S-97-10 Boscov’s Building Addition and Parking Lot Expansion, and S-97-6 Building Addition at former Leggett’s (now Macy’s location). PROJECT DESCRIPTION This Site Development Plan proposes construction of a building addition to accommodate the new tenant of Dick’s Sporting Goods. The addition is proposed on the west side of the Mall building at the southern mall building entrance location adjacent to the previous Rudy Tuesday’s tenant space. The addition will also reconfigure existing floor area within the Mall building to become part of the new tenant space. The direct exit to the exterior from the Mall interior corridor will be eliminated at this location. The Dick’s Sporting Goods is to have its own exterior building entry and an entry from the Mall interior circulation corridor. BUILDING ARCHITECTURE Architectural Elevations have been submitted for review per Article 10 Section 2.54(O) and subject to Article 5 Section 19 of the Zoning Ordinance for the new building addition. The

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 3 building is to be clad in colored stained split-face concrete block with single rows of concrete block creating a series of darker horizontal bands on three elevations and with brick veneer columns elements on the front façade (west elevation). The entry is centered on the west elevation and is highlighted by a taller entry feature of columns and metal wall system protecting the glass storefront entry vestibule. The engaged columns and cornice line include dark green trimwork details. SITE CONSIDERATIONS The site entrances to the Dover Mall property from the local road network remain unchanged with this project. The existing the two main entrances to the Mall property from North DuPont Highway/Route 13 are signalized. These entrance drives lead to an internal loop road which surrounds the Mall building and the parking lot areas. The project site for the development activities associated with this building addition is within the loop road. The project site is in an area occupied by an existing parking lot area. SWPOZ (Source Water Protection Overlay Zone) A portion of the Dover Mall property is located within the SWPOZ (Tier 3: Excellent Recharge Area) and subject to Article 3 Section 29.7 of the Zoning Ordinance. The proposed use of the building addition as a retail tenant in a regional shopping center is not prohibited in the SWPOZ. For the Dover Mall property, the SWPOZ Tier 3 area occurs along the property’s frontage with North DuPont Highway/Route 13. The project site area for this building addition project is not within the SWPOZ. When lands are located in Tier 3: Excellent Recharge Areas, they are limited to a maximum lot coverage for the area of 30% unless infiltration is utilized then the maximum lot coverage is 60%. Fire Protection The Plan must comply with the required fire lanes, fire hydrants, and other fire protection measures to ensure compliance with the fire protection needs of the existing building and the proposed building addition. This will be reviewed by the Office of the Fire Marshal and the fire department. This building addition involves reconfiguration an existing fire lane on the west side of the Mall building. Also the interior paths of egress will need to be reviewed for compliance. PARKING SUMMARY The parking requirement for a property in SC-3 is a minimum of one (1) parking space for 300 square feet of gross leasable area. The gross leasable area for the Dover Mall building was listed in the plan checklist (but not provided on the plan). Following the building addition, the total gross leasable area for the Mall building will be 875,911 S.F. which requires a total of 2,920 parking spaces. Construction activities on mall property since its initial construction have revised the number of existing parking spaces on the property to a total of 4,407 parking spaces. This plan will revise existing parking spaces in an area on the west side of the Mall building to accommodate the building addition. Focusing specifically on the parking lot area within the project area, the existing 624 parking spaces will be reconfigured to a total of 437 parking spaces. As a result of the building addition, the overall Dover Mall parking will stand at 4235 parking spaces. Overall for the Dover Mall property, the parking is now considered legal non- conforming as it exceeds the maximum parking limitation of parking 25% over the required parking (2920 x 1.25% = 3650 spaces).

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 4 Loading Spaces Article 6 §4.2 specifies the number of loading spaces required by code for the building based on use. Based on the rate for retail establishments, the new building addition based on its individual square footage is required to have three (3) loading spaces based on the square footage of the building. However, the required for buildings over 150,000 S.F. in size the number is not specific but must be deemed sufficient to serve the facility. The Zoning Ordinance does recognize joint facilities usage of loading spaces. With this shopping center which is over 150,000 S.F. in size, there are a number of loading areas serving the different building areas/tenants of the Mall complex. For this tenant space, a designated loading area is located on the north side of the building. It includes a screen wall along a portion of its northern side. Waiver Request: Bicycle Parking Reduction The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. The number of bicycle parking spaces on the Dover Mall property is not specified on the plan. Bicycle parking spaces are required and must be identified on the plan. The Planning Commission has the ability to reduce the number of bicycle parking spaces required. Based on a total of 2,920 required parking spaces for the Dover Mall property, an overall total of 146 bicycle parking spaces would be required. A written waiver request to reduce the number of bicycle parking spaces for the property was submitted for consideration by the Planning Commission. The applicant notes the presence of several areas of bicycle parking on the Mall property and their limited usage. This includes one bicycle parking area that will be displaced with this building addition project and relocated to another building entrance location. The applicant suggests that a bicycle parking rate for this project be based on the parking requirement for the Dick’s Sporting Goods tenant space. Curbing Article 6 § 3.6(b) requires curbing for all parking areas. Some areas of new curbing are proposed with the reconfiguration of the rows of parking spaces to add parking lot islands which help to define the circulations paths of the fire lane and the Mall loop road. Dumpster Shopping Centers are required to have dumpster pads based on the number of stores and anchor tenants. For this project, a new anchor tenant is being added to the complex; thus it requires two dumpsters for this building addition. A trash compactor is shown to serve this tenant and is placed in the loading dock area. Information on the capacity of the trash compactor should be supplied to determine if satisfies the dumpster requirement. Additional dumpster pad sites may be reserved for future use and their location depicted on the plan. In accordance with Zoning Ordinance, Article 5 §6.18, the City Planner may require construction of the additional Dumpster should site activities necessitate. The method of trash collection needs to be identified on the plan; this site will be required to utilize private trash collection services. Sidewalks Along the North DuPont Highway/ Route 13 frontage of the property, there is an existing sidewalk as required by the Zoning Ordinance. The north entrance and the south entrance each include a crosswalk which connects across Route 13 to the sidewalk on the west side of that highway.

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 5 However, at the south entrance upon crossing Route 13 or if traveling from the south to the Dover Mall property pedestrians must continue north to the north side of the northern entrance to reach the sidewalk which connects from the street frontage sidewalk into the site (a distance of approximately 550 feet to the north). Internal to the site, there are several designated crosswalk areas across the loop road leading into the parking lot areas. Once at the Mall building there are sidewalks in areas adjacent to anchor tenant entrances and mall entrance. With this project, there is sidewalk spanning across the western building facade adjacent to the building entrance for this building addition. This sidewalk continues along the building to the south leading to the Sears entrance. Lighting Site lighting must be provided to achieve 1.5 foot-candles at grade. The reconfigured parking lot does include several light poles. TREE PLANTING AND LANDSCAPE PLAN The submitted plan presents a concept for tree planting specifically for an identified project area. Within the plan set, different project areas are identified between the Site Plan and the Landscape Plan. This project site area must achieve one tree per 3,000 square feet. Since the project area was not clearly specified, the tree planting requirement could not be confirmed. One listing of the project site area is given as 206,008 S.F. which would require sixty-nine (69) trees. The Plan is proposing fifty-six (56) new trees to be planted and thirteen (13) existing trees to be retained. Eight of the new trees are proposed for planting outside of the project site area in nearby areas of the parking lot within existing parking medians and islands. Parking lot areas are required to be landscaped. Arterial Street Buffer North DuPont Highway (U.S Route 13) is considered as a principal arterial and requires a thirty (30) foot landscape buffer along the road frontage known as an Arterial Street Buffer. The buffer is measured from the edge of the right-of-way. The Dover Mall property provides this required thirty (30) foot landscape buffer along DuPont Highway which consists of lawn area. Activities of this Site Development Plan do not impact the Arterial Street Buffer area. The zoning district also requires a landscape area of ten feet along all lot lines. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) The Data Column on the Index Plan Sheet will need to be updated prior to Final Approval of the Site Plan submission with the following: a) Any changes recommended, waivers granted, or other approvals by the Planning Commission. b) Clarify the tax parcel where the project site area is located. Identify parcels listed by tenant or owner. c) Add listing of SWPOZ Tier 3: Excellent Recharge Area to zoning classification. d) Site data column should provide a more detailed summary specific to the overall Mall

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 6 building and property as well as this project site area regarding information such as gross leasable area, size, impervious coverage, parking (existing and proposed), etc. e) Indicate the number of parking spaces required by Code for the Mall building based on gross leasable area. f) Add bicycle parking calculation and available number of spaces. Show locations and number of spaces on the site plan drawing. g) Provide a note stating that lighting shall be a minimum of 1½ foot candles at grade. h) Provide tree planting calculations for project area. 2) Staff notes that some of the information utilized for the parking and tree planting calculations was found on the Site Plan Checklist worksheet submitted as part of the application package and is not listed on the plan sheets submission. This information need to appear on the plan sheets in the appropriate data columns. 3) Add title of signee on behalf of in the owner’s certification. Check owner of record name as it is listed differently in the Site Data column. 4) Sheet C-001: a) On the plan drawing identify the following: arterial street buffer width, location of SWPOZ (Source Water Protection Overlay Zone) zoning district boundary. b) Ensure plan reflects any changes to the sidewalks along the Route 13 frontage as recent road improvement project are occurring along this corridor. 5) Sheet C-201 a) The boundary of the project area should encompass the area internal to the existing building. Revise boundaries of the site project area and the area thereof. Also ensure this same project area is utilized on the Landscape Plan sheet. b) Revise all parking space count labels for the parking lot area between Macy’s and Dick’s loading area. c) Provide greater detail of the barrier between the parking row and the loading area along with any elevation changes and drainage measures in the depressed loading area. d) Label the drive aisle width for the newly configured parking lot as they differ between rows. e) Ensure the sidewalk area at the front of the building addition at the crosswalk from the handicapped parking area includes an accessible ramp. 6) Sheets C-301: a) Locations of fire department connections for this area will need to be shown with associated fire hydrants. b) Ensure lighting of this area satisfies the requirements. c) Ensure stormwater piping under the building and loading area is appropriate to the above ground activities regarding cover and material type. d) Clarify detail for utility manholes that intersect with proposed parking lot island near loop road. e) Any traffic control signage or measures and other site signage like fire lanes, handicapped parking, etc. must be depicted.

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 7 7) Landscape Plan: a) The project area is not consistent with the area depicted on other plan sheets in the set. It must include the building area of the building addition as well. Revise boundary depiction and update area size and calculations. b) The tree planting requirements must be in compliance for the project site area for the rate of one (1) tree per 3,000 square feet. c) Eight trees are planted in areas outside of the project area. The Planning Commission should recognize this as part of their approval so these trees are credited to tree planting compliance for this project site area. d) Check for potential conflict with tree and fire hydrant neat the Macy’s south entrance. Check for any conflict with storm drainage piping and trees located near the loop road. e) In the Site Data Item #9, the information provided for square footage and acreage does not match. Revise. f) Landscape Plan Notes Item #13 should not reference the Board of Supervisors but the Planning Commission. 8) Provide information on the trash compactor capacity so to evaluate if it is equivalent to the two required dumpsters. A second dumpster in the format of a reserved space for a dumpster pad may be required along with a note on the plan stating that the dumpster pad shall be constructed in the future if it is determined to be necessary by the Planning Director. 9) Provide bicycle parking spaces at or in the vicinity of the building addition exterior entrance. A written waiver request to reduce the number of bicycle parking spaces for the Mall property was submitted for consideration by the Planning Commission. Information on the facility-wide availability of bicycle parking spaces was provided assist the Planning Commission in consideration of the request to reduce the bicycle parking for this specific building addition and/or the Mall property. 10) Construction details such as the following but not limited to: sidewalk, barrier free sidewalk, paving, dumpster enclosure, dumpster pad, curbing, bicycle rack, handicap signage, etc. will be required. 11) Maximum building height in the SC-3 zoning district is 45 feet. Currently, the main entrance section of the building addition is listed at a height of 43’-4”. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Recommendation on Waiver Request: The Planning Staff recommendation for the waiver request is as follows: a. Bicycle Parking Reduction: Staff recommends approval of the waiver request for a reduction in the overall bicycle parking requirement for the Dover Mall Property recognizing the availability of at least 20 bicycle parking spaces at existing Mall entrances. Staff recommends that for this building addition project that bicycle parking be provided as required for the Dick’s Sporting Goods tenant space; it would require nine (9) bicycle parking spaces. (Calculation: 53,183 S.F. of gross leasable area requires 178 parking spaces (1 parking space/300 S.F.) and therefore

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 8 nine bicycle parking spaces (1 bicycle space/20 parking spaces.) 2) Connecting Sidewalk: Staff recommends implementation of a connecting sidewalk or multi-use path leading from the sidewalk along North DuPont Highway/Route 13 into the site traveling along the north side of the southern entrance drive. Consideration should also be given to creating designated pedestrian paths and appropriate traffic control devices to cross the loop road and parking lots to reach the Mall building. As part of the circulation design for shopping centers, the pedestrian traffic is to be separated from vehicular traffic (Zoning Ordinance, Article 3 §17.6). These recommendations are made to increase pedestrian safety and accessibility into the site and to the Mall building. There are pedestrians in this area due to the proximity of the Delaware State University campus and other retail establishments and hotels along North DuPont Highway. 3) Transit Services: Staff recommends on-going coordination between DART First State (Delaware Transit Corporation) and the Dover Mall to address transit services at the Mall property. As this building addition project is proposed at the current location of a transit services bus stop, options for relocation of the bus stop will need to be considered. Planning Staff supports the continuation of bus transit services to the Dover Mall as an alternative mode of transportation to reach this destination. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon the waiver request for the project as part of any motion to approve this project, or as a separate motion if necessary. Note: All Waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event, that major changes and revisions to the Site Development Plan occur in the finalization of the Site Plan contact the Planning Office. Examples include reorientation of the building addition, relocation of site components like parking or stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 3) As submitted this Site Plan project does not include subdivision of land to create a parcel specific to this tenant. If subdivision is proposed, then additional review for compliance including review and consideration by the Planning Commission will be warranted. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) The U.S. Route 13 Circulation Study and the 2008 Comprehensive Plan discuss concepts for implementation of a local service road network along properties in this area. Discussion of the appropriate timing of right-of-way designation will need to occur between the City, DelDOT, and Dover Mall. This transportation network planning element should be incorporated into the on-going efforts of planning of the Mall

DAC Report S-12-16 Dick’s Sporting Goods: Building Addition at Dover Mall September 5, 2012 Page | 9 complex. 6) Staff recommends an update to the Comprehensive Signage Plan for the Dover Mall. The Comprehensive Signage plan was previously approved in 2001 as Application US-01-03. 7) A portion of the property is located within the SWPOZ (Tier 3: Excellent Recharge Area) and the Planning Office and Kent Conservation District will coordinate to ensure compliance should project activities impact the area within the SWPOZ. 8) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections, Pre-Construction meeting and permits/licenses are required. 9) Construction may have an effect on the adjacent areas of the Mall property. Any work requiring the closing or rerouting of employees, customers, deliveries, or visitors to adjacent areas should be coordinated as to offer the least amount of inconvenience. 10) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 11) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: AUGUST 29, 2012 APPLICATION: Dick’s Sporting Goods ~ Dover Mall FILE #: S-12-16 REVIEWING AGENCY: City of Dover CONTACT PERSON: Steve Enss - Electric Jason A. Lyon - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Owner is responsible for locating all private electric, water, sewer, and storm sewer lines. 2. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 3. Owner is responsible for site and/or street lighting. 4. Meter locations will be determined by City of Dover Engineering Department. 5. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 6. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 7. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 8. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 9. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 10. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 11. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

Dick’s Sporting Goods ~ Dover Mall File #: S-12-16 August 29, 2012 Page 2 of 5 WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. c. The site contractor shall contact the City of Dover Public Works Construction Manager at (302) 736-7025 prior to the start of construction. A representative from the City of Dover Department of Public Works must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. Per the Water/Wastewater Handbook; each property shall be served by a single water service line which shall be furnished and installed by the property owner. In the event a property contains multiple principle structures, such as shopping centers or apartment complexes, the property shall be served by a single water main where a water service line may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate water facilities. The proposed addition will be assimilated into the existing Dover Mall principle structure, as such, the water service shall be provided from the existing water service in the structure. Please provide the proposed methodology of water service to this addition on the plan. 6. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 7. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Public Works will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 8. The proposed plan indicates a fire hydrant will need to be replaced, per the Water/Wastewater Handbook; the maximum spacing between hydrants shall be six-hundred feet (600’). Please revise the plan accordingly. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information.

Dick’s Sporting Goods ~ Dover Mall File #: S-12-16 August 29, 2012 Page 3 of 5 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Public Works specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Per the Water/Wastewater Handbook; each property shall be served by a single sanitary sewer lateral which shall be furnished and installed by the property owner. In the event a property contains multiple principle structures, such as shopping centers or apartment complexes, the property shall be served by a single sanitary sewer main where a sanitary sewer lateral may be provided to each principle structure. Each structure, which is capable of being offered for sale, shall have its own separate wastewater facilities. As this addition will become part of the existing principle structure, please provide the methodology of the proposed sewer service on the plans. 6. 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. 7. The minimum size of all sanitary sewer laterals shall be six-inch (6”). STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the approved entrance plan, signed by DelDOT is submitted to our office. SANITATION/ GROUNDS 1. None. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2004 (.dwg format). b. Adobe Reader (.pdf format). 3. No trees may be planted within ten feet (10’) of underground utility infrastructure. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC

Dick’s Sporting Goods ~ Dover Mall File #: S-12-16 August 29, 2012 Page 4 of 5 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER/WASTEWATER/STREETS/SANITATION/GROUNDS/GENERAL 1. None STORMWATER 1. There is an existing stormwater manhole that is currently within the proposed building footprint, provide the strategy for relocating the manhole on the plan. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. The proposed addition will require that the mall High Voltage feeder be relocated. All cost will be the owner’s responsibility. WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, the sanitary sewer system plans may be required to be submitted to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. STORMWATER/STREETS/GROUNDS 1. None SANITATION 1. The City of Dover does not offer trash service to this location; the owner/developer shall be responsible for private trash service. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88.

Dick’s Sporting Goods ~ Dover Mall File #: S-12-16 August 29, 2012 Page 5 of 5 I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: September 5, 2012 D S O H V A E L R APPLICATION: Dicks Sporting Goods_________________________________________ FILE #: S-12-16 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS 1. Present proposed location shows addition being constructed in front of one of the required exits from the mall. Without architectural drawings, it cannot be determined as to how the egress from the mall will be maintained or reconfigured and changes to the proposed location of the addition could be required to meet the egress requirements from the mall. 2. Any gas fired HVAC equipment must be equipped with emergency cutoff switches remotely located. 3. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. 4. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. 5. Full building and fire plan review is required. 6. Building cannot be occupied or construction or renovations started until completion of building and fire plan review.

DAC Report Dicks Sporting Goods Page 2 7. 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. 8. Sprinkler system required. System to be monitored. 9. Fire Department connection to be located within 50 feet of main entrance. 10. Fire Department connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. Show location of proposed fire hydrant or show that existing fire hydrants are with in the 300 feet distance from the FDC. 11. Fire alarm system required. 12. Knox Box required. 13. Standpipes required 14. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: NONE ADVISORY COMMENTS TO THE APPLICANT: After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Mercantile Occupancy. The City of Dover uses the 2009 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2009 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: June 26, 2012 T =============================================================== APPLICATION: Dick’s Sporting Goods at the Dover Mall FILE#: S-12-16 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. 2. The existing project generates 27021 trips per day, and the proposed subdivision will generate 27813 trips per day. The department will allow a payment towards an Area-Wide Study Fee for the additional 792 trips, in lieu of performing the TIS. The Area-Wide Study Fee is calculated at $10 per daily trip, and it would be payable to DelDOT prior to the issuance of a Letter of No Objection. If the developers would like to pay the fee in lieu of doing a TIS, the developer should contact me at (302) 760-2145. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY SEPTEMBER 2012 APPLICATION: Dick’s Sporting Goods FILE #: S-12-16 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. Please refer to the fee schedule for those amounts. 2. The following notes must appear on the record plan:  The Kent Conservation District reserves the right to enter private property for purposes of periodic site inspection.  The Kent Conservation District reserves the right to add, modify, of delete any erosion or sediment control measure, as it deems necessary.  A clear statement of defined maintenance responsibility for stormwater management facilities must be provided on the Record Plan. ADVISORY COMMENTS TO THE APPLICANT: 1. Due to the existing site impervious and the location of the proposed store the project may be eligible for a quantity waiver. Water quality may be required for approval. 2. Green Technologies (bio retention, bio swales etc.) must be considered before traditional facilities can be considered. 3. The preferred methods of stormwater management are those practices that maximize the use of the natural features of a site, promote recharge and minimize the reliance on structural components. 4. It is recommended that the stormwater management areas be incorporated into the overall landscape plan to enhance water quality and to make the stormwater facility an attractive community amenity. 5. A letter of no objection to recordation will be provided once the detailed Sediment and Stormwater Management plan has been approved. 6. Based on the site characteristics, a pre-application meeting will be required to discuss stormwater management and drainage for this site.

Dover/Kent CITY OF DOVER County Metropolitan DEVELOPMENT ADVISORY COMMITTEE Planning APPLICATION REVIEW COMMENTARY Organization D.A.C. MEETING DATE: 9/5/2012 APPLICATION: Dick’s Sporting Goods at the Dover Mall FILE #: S-12-16 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process for several months. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to projects to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 9/17/2012 Project Review S-12-16 Dick’s Sporting Goods at the Dover Mall This site is fully served by Transit with s bus stop at the entrance being closed by this proposed construction. It is the interest of the DAC to ensure coordination among those involved in a proposed construction project. To that end, the MPO suggests the owner contact the Delaware Transit Corporation, DBA DART, to ensure any transit rerouting on the site can be planned in a timely manner. Contacts are Catherine Smith, Planning or Lisa Collins, Planning. The site of the Mall has little pedestrian connectivity in the site and from US 13 into the site. In addition to the existing sidewalk on the north side of the north entrance, the MPO suggests a pedestrian way, sidewalk or other path, on the north side of the south entrance from US 13. In addition, pedestrians at the Mall road have no defined path to get to a mall entrance. The MPO suggests the Mall review options to continue defined pedestrian access through their parking lots. The bike access and parking on the site required by the City are mandatory and should not be waived. Bicycle access along a multi-use path would alleviate the conflicts between bikes and motor vehicles at the entrances. 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.

WAIVER REQUEST DICK’S SPORTING GOODS: BUILDING ADDITION at DOVER MALL CITY OF DOVER FILE NUMBER: S-12-16 BICYCLE PARKING SPACES REQUIREMENT REQUEST: Reduce the number of bicycle parking spaces required for the Dover Mall property. EXTENT OF THE REQUEST: The City of Dover Zoning Code, Article 6 § 3.10 requires bicycle parking be provided at a rate of one bicycle parking space for every 20 parking spaces or a fraction thereof. Based on a total of 2,920 required parking spaces for the Dover Mall property, 146 bicycle parking spaces are required. A waiver is requested to provide the number of bicycle parking spaces required for the Dick’s Sporting Goods store instead of the entire mall property. The number of bicycle parking spaces required for Dick’s Sporting Goods is 9. BASIS FOR REQUEST: 1. The number of bicycle parking spaces should be based on Dick’s Sporting Goods’ parking requirements, and not the entire Dover Mall property. Requiring 146 parking spaces as a result of the Dick’s Sporting Goods project seems disproportionate. 2. There are two existing bicycle parking areas at the Dover Mall that provides approximately 20 spaces. According to the mall personnel, the existing bicycle parking areas are underutilized. The one bicycle parking area that would be displaced due to this project would be relocated to the mall entrance between Boscov’s and Macy’s. 3. Additional bicycle cycle parking would be provided as improvements and/or additions occur at the Dover Mall. 200318208av-waiver-bicycle parking.doc