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CITY OF DOVER PLANNING COMMISSION AGENDA Monday, April 15, 2019 – 7:00 P.M. City Hall, City Council Chambers 15 Loockerman Plaza, Dover, Delaware PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA 1) The Re-evaluation Review of Conditional Use Application C-17-04 House of Pride Office at 45 S. New Street will not be heard by the Planning Commission on April 15, 2019 due to incomplete public notice. This Re-evaluation Review and its Public Hearing will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. ADOPTION OF MINUTES OF MEETING of March 18, 2019 COMMUNICATIONS & REPORTS 1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY, May 20, 2019 at 7:00pm in the City Council Chambers. 2) Update on City Council Actions 3) Department of Planning & Inspections Updates a. Education and Training Opportunities OPENING REMARKS CONCERNING MEETING PROCEDURES OLD BUSINESS 1) Request for Extensions of Planning Commission Approval: None NEW APPLICATIONS 1) SB-19-01 Minor Subdivision Plan Lands of Kraft Foods Group Inc. at 1250 W. North Street – Public Hearing and Review of a Minor Subdivision Plan application to permit the subdivision of 105.6689 +/- acres of land into: the new Lot 1 of 16.3949 acres and the Residual of 89.2740 acres. The property is located on the south side of West North Street and west of POW-MIA Parkway. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is General Foods Corp. (Kraft Foods Group, Inc.) Property Address: 1250 West North Street. Tax Parcels: ED-05-076.00-01-12.00-000 and ED-05-076.00-01-10.00-000. Council District 2. 2) S-19-07 Retail Facility at 515 South DuPont Highway – Public Hearing and Review of a Site Development Plan Application to permit construction of a one-story 8,050 SF retail building and accompanying site improvements. The site is currently vacant. The subject area is 0.91 +/- acres located on the east side of South DuPont Highway south of Cowgill Street and north of Public Safety Boulevard. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Kent Del Properties, LLC. Property Address: 515 South DuPont Highway. Tax Parcel: ED-05-077.00-01-12.00-000. Council District 2. The site was subject of Site Plan S-08-08 Nastatos Office Building granted conditional approved by the Planning

City of Dover Planning Commission Agenda Public Hearing: April 15, 2019 Page 2 of 2 Commission at their March 2008 meeting; it did not achieve Final Plan approval and has since expired. Waivers Requested: Reduction in Number of Loading Spaces: Reduction of the Arterial Street Buffer; Elimination of Fence Component of Opaque Barrier Requirement. NEW BUSINESS 1) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities 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: April 5, 2019

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 The Regular Meeting of the City of Dover Planning Commission was held on Monday, March 18, 2019 at 7:00 PM in the City Hall Council Chambers with Vice-Chairwoman Dr. Jones presiding. Members present were Mr. Adams, Mr. Roach, Mr. Holt, Mr. Baldwin, Dr. Jones, and Ms. Maucher. Ms. Edwards, Mrs. Welsh and Mr. Tolbert were absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mr. Julian Swierczek, Mr. Eddie Diaz, Mrs. Kristen Mullaney and Deputy City Solicitor Mr. Williams Pepper. APPROVAL OF AGENDA Ms. Maucher moved to approve the agenda as submitted, seconded by Mr. Holt and the motion was unanimously carried 6-0 with Ms. Edward, Mrs. Welsh and Mr. Tolbert absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 19, 2019 Mr. Holt moved to approve the Planning Commission Meeting minutes of February 19, 2019, seconded by Mr. Adams and the motion was unanimously carried 6-0 with Ms. Edward, Mrs. Welsh and Mr. Tolbert absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, April 15, 2019 at 7:00pm in the City Council Chambers. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on February 25 & 26, 2019 and March 11 & 12, 2019. Mrs. Melson-Williams stated that the University of Delaware’s Institute for Public Administration continues their training series. They do have one scheduled for Friday morning of this week, March 22, 2019. It is titled “Advanced Land-Use and Development Administration.” If any of the Commissioners are interested in attending that training please see Planning Staff and they will see if there is any space available for that training. In the future, they are planning another class related to “Creating a Flood Ready Community.” When they have the actual date for that class, they will pass it along. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the meeting. OLD BUSINESS 1) Request for Extensions of Planning Commission Approval: a. S-17-02 Mitten Industrial Park at 141 Lafferty Lane (Revised 2/28/2017) – Request for One Year Extension of the Planning Commission conditional approval granted March 20, 1

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 2017 for a Site Development Plan application to permit construction of a 9,600 S.F. building, an equipment processing & storage area, and associated site improvements. The 40.09 acre+/- subject site is located on the east side of Lafferty Lane north of the Kings Cliffe Manufactured Home Park. The property is zoned IPM (Industrial Park Manufacturing Zone) and MH (Manufactured Housing Zone) and is partly subject to the AEOZ (Airport Environs Overlay Zone: Accident Potential Zone I and Noise Zone A). The project is subject to Performance Standards Review Application. The owner of record is Matthew E. Mitten. Property Address: 141 Lafferty Lane. Tax Parcels: part of ED-05-077.00-01-26.00-000, ED-05-077.00-01-27.00-000, and part of ED-05-086.00-01- 08.00-000. Council District 2. Representatives: Mr. Matt Mitten, Owner Mrs. Melson-Williams stated that this is a request for an extension of Planning Commission approval. This application was reviewed by the Planning Commission back in March 2017. With that action taken by the Planning Commission in March 2017, they had two years to finalize the plans and commence construction of the project. With a letter of February 27, 2019, they are asking for a one-year extension of that approval. The letter submitted by Merestone Consultants, who is now the engineer of record working on the project, has been working to complete the engineering and final site approvals necessary from the various agencies. They took over the project according to their letter in September 2018. Their letter goes on to outline the progress that has been made with submittals to DelDOT, the Kent Conservation District, and the City’s Public Works Office with submittals forthcoming to the City’s Fire Marshal’s Office and Planning Office, once landscape designs are finalized. Mr. Mitten stated that they have no statements at this time. Ms. Maucher moved to approve S-17-02 Mitten Industrial Park for the request for a one year extension, seconded by Mr. Holt and the motion carried 6-0 by voice vote with Ms. Edward, Mrs. Welsh and Mr. Tolbert absent. b. S-17-06 Secure Storage Revised Site Plan, Phases 2 & 3 – Request for a One Year Extension of the Planning Commission conditional approval granted March 20, 2017 for a Site Development Plan application to permit construction of Phases 2 & 3 of a mini- storage facility consisting of five (5) storage buildings, on a site already containing 14 storage buildings (Phase 1), for a total of 19 buildings. The new buildings total 94,500 S.F. Associated improvements including a boat and RV parking area and a second site entrance are also proposed. The project is subject to Performance Standards Review Application. The 18.68-acre subject site is located on the north side of Lafferty Lane, east of South Bay Road. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is Secure Storage LLC. Property address: 640 Lafferty Lane. Tax Parcel: ED05-077.00-01-25.00-000. Council District 2. The Final Site Plan approval was granted October 16, 2017. Representatives: None 2

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Mrs. Melson-Williams stated that this is a request for a one-year extension. This application was also heard at the March 2017 meeting of the Planning Commission and at the time was approved for what is Phases 2 and 3 of the Secure Storage Mini-Storage Facility project to add five storage buildings on the site continuing what was a build-out from Phase 1. The project ultimately has moved through the plan approval process. They received Final Plan Approval in October 2017. In doing so and achieving approvals from the agencies, the plan was ultimately revised from five buildings to four buildings as a design refinement that did not require its appearance back before Planning Commission. All of the agencies granted approvals at that time and the project is eligible to pull Building Permits; however, while they are anticipating a late Spring or early Summer start in 2019 because they will not be underway by the end of March, they are seeking a one-year extension of this Site Plan Application. That is presented to the Planning Commission for consideration by their letter dated February 12, 2019. Mr. Holt moved to approve S-17-06 Secure Storage Revised Site Plan, Phases 2 & 3 for a one- year extension, seconded by Mr. Baldwin and the motion carried 6-0 by voice vote with Ms. Edward, Mrs. Welsh and Mr. Tolbert absent. 2) Continued Review of New Application: a. S-19-01 Tommy Car Wash at 656 North DuPont Highway – Continued Review of a Site Development Plan Application to permit construction of a new 5,194 SF Car Wash structure and accompanying site improvements. The previous structures on the site have been demolished, and the site is now vacant. The property consists of a total 0.940+/- acres and is located on a site bounded by North DuPont Highway to the northeast, and Lepore Road to the southeast. The property is zoned C-4 (Highway Commercial Zone) and is partly subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is Kathleen J. Gray. The equitable owner is Manpreet Mattu. Property Address: 656 North DuPont Highway. Tax Parcel: ED-05- 068.09-01-09.01-000. Council District 3. Waiver Request: Reduction of Arterial Street Buffer. The Public Hearing and Review of Application S-19-01 began at the February 19, 2019 Planning Commission Meeting; it was tabled seeking additional information. Representatives: Mr. John Paradee, Baird, Mandalas and Brockstedt; Mr. Kevin Minnich, Minnich Engineering; Mr. Matt Dehahn, Tommy Car Wash Ms. Maucher moved to lift application S-19-01 Tommy Car Wash at 656 North DuPont Highway from the table, seconded by Mr. Holt and the motion was carried 6-0 by voice vote with Ms. Edwards, Mrs. Welsh and Mr. Tolbert absent. Mr. Adams has recused himself from deliberations on this application due to previous business interactions with one of the speakers who provided public testimony in February. Mrs. Melson-Williams stated that there continue to be five members of the Planning Commission present. That is a quorum in order for the Commission to conduct business. 3

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Mr. Paradee stated that he represents Blue Sky Dover Properties, LLC dba Tommy Car Wash. With him tonight is Mr. Kevin Minnich who is the engineer for the project as well as Mr. Matt Dehahn from Tommy Car Wash. He is an equipment and component sales manager for the company and he is available to answer any technical questions about the facility that you might have. Also, the principals are here along with Realtor Mr. Carl Kaplan. He has handed on a copy of a supplemental submission that he would like to submit for the record. Rather than bore you by reading it, he will try to summarize it quickly. It is his understanding that some of the people who testified in opposition at the last hearing had submitted a letter as well and he would like to briefly address that letter in his response. The first important point that the Commission should take note of is that under Delaware Law, competitors such as the gentleman who spoke to the Commission last month in opposition of this application have no legal standing to object. In this particular case, if you think about it, it makes sense because the people who spoke in opposition before you don’t own any property anywhere near the site. They haven’t articulated any specific or particularized injury that would show how their property would be impacted if this application were approved. Instead they were motivated perhaps by concerns about competition and tried to raise some issues that frankly they don’t believe would have standing to raise. They questioned the Planning Director’s interpretation of some language in the SWPOZ (Source Water Protection Overlay Zone) and they also challenged the Commission’s ability to grant a waiver request. First, the Planning Staff got it right as they most always do. Delaware Law provides that an administrator’s interpretation of their own regulations is entitled to some difference. These are the professionals who deal with the Code every day; they helped draft it and they understand how it works. When they interpret it and tell you that they think it mean this, you should listen to them. Secondly, Delaware courts have repeatedly held that if there are two reasonable alternative interpretations of a statute, the interpretation that favors the land owner controls. In other words in the event of a tie, if it is ambiguous or vague and you are not really sure, you give the benefit of the doubt to the property owner. Here, they submit that the Department’s interpretation of Article 3 Section 29.5 of the City’s Zoning Ordinance is not only entitled to a presumption of validity but the burden of rebutting that presumption rests on the party who would challenge it. His submission goes into all of the reasons why they think the Planning Department got it right. He won’t belabor that except he will come back and rebut some of the things that the opposition had said. There is another legal doctrine that is at play here. It has a really funny sounding Latin name called “ejusdem generis” and he almost always butchers it. What it really means is that where general words follow an enumeration of things or items by words of a more particular and specific meaning. The general words are not to be construed in their widest extent but are to be held as applying only to things of the same general kind or class as those specifically mentioned. In Article 3 Section 29.5, you have the words “automobile service station” following the phrase “gas station”. The point is that “automobile service stations” are limited to those things which are a subset of gas stations. It is an important point; probably not something that you will stay up late tonight worrying about but it is an important point. In the letter dated March 12, 2019 from Mr. Shawn Tucker, he respectfully submits that Mr. Tucker is simply wrong when he says that the use of the property as a car wash constitutes a “motor vehicle service station”. He then talks about whether or not there are definitions in the Code that may help you here. For example, in 4

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Section 26-31 of the City Code, the definition of car wash is “operating a continuing business of cleaning, washing or waxing motor vehicles for profits.” It doesn’t say anything about repairing them or reconditioning them in any way. By contrast, in Section 26-31 of the Code, although there is no definition for “motor vehicle service station”, there is a definition for “motor vehicle serviceman” because that job requires a Business License under the City Code. It defines motor vehicle serviceman as “every person operating a business of repairing, rebuilding, repainting or otherwise reconditioning motor vehicles or their parts.” That is a very different definition than car wash. There is really no interaction or interplay between the two. If you look at the structure of the Zoning Ordinance, you realize that motor vehicle repair or service is very tightly regulated under the City Zoning Ordinance. There are many instances where it is addressed as a permitted use subject to conditions or a prohibited use outright. For example, it is an accessory use in the IO (Institutional and Office Zone) and it’s prohibited in C-1 (Neighborhood Commercial Zone), C-1A (Limited Commercial Zone) and C-2 (Central Commercial Zone) but it’s permitted in C-3 (Service Commercial Zone) and C-4 (Highway Commercial Zone) subject to several qualifying conditions dealing with things like hydraulic jacks and that kind of stuff. All of the stuff that talks about service stations and nothing to do with car washes. Of course motor vehicle service is prohibited in the shopping center district. There are plenty of places in the Code that talk about what motor vehicle service repair means and then you have a definition of car wash and they are distinctly two different things. That is the point that he wanted to make in response to Mr. Tucker’s letter. With regard to the waiver request, respectfully Mr. Tucker’s letter is wrong when he says that we or the staff has failed to articulate how they satisfy the four criteria. His letter addresses those four criteria so he won’t belabor that. But it is interesting that Mr. Tucker admits that they meet Numbers 1 and 4. He disputes whether they meet 2 or 3 but he will submit to you that they very easily meet Number 2 which is that the character of the surrounding built environment, that it is the other properties adjacent to them don’t have any buffers at all. The Staff Report addresses all of those criteria very carefully and he would defer to Staff and suggest that they do the same. They got it right on the waiver request. Mr. Tucker’s reliance in his letter on the NEPA vs. City of Lewes case is simply unfounded and it sounds nice to cite it but it’s really not on point. That case deal with a Board of Adjustment case in the City of Lewes. The City of Lewes had given its Board of Adjustment some powers that were greater than the General Assemblies had given to Boards of Adjustment under Title 22 Chapter 3. That case simply stands for the proposition that the City couldn’t give greater powers to the Board of Adjustment than the General Assembly did; therefore, the Court found that any reliance on that additional authority was inappropriate because it conflicted with the State statue. You don’t have that here. What you have here is the City of Dover has said in the Zoning Ordinance that you can have certain uses and certain uses are prohibited. There are some uses that the Planning Commission is empowered to grant waivers for. You have the legislative body, the authority of the City government saying these are all of the rules for the Zoning Ordinance and by the way we are going to condition this one slightly because we are going to let the Planning Commission grant waivers. That is an expressed delegation by the City of Dover to the Planning Commission that is not violated by any provision in the Delaware Code whatsoever. He will submit to the Commission that there are multiple jurisdictions (he can’t think of any that don’t have this ability), other municipalities in the State of Delaware similarly give their 5

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Planning Commission the ability to grant waivers for certain things. It’s permissible and the exercise of that waiver here is appropriate. This is a Site Plan application; it is not a Rezoning and it meets all of the Code requirements. They would respectfully request that the Planning Commission grant approval. Mr. Swierczek stated that this is the continued review of S-19-01 Tommy Car Wash at 656 North DuPont Highway. The review of this application was tabled at the February 19, 2019 meeting. The application is to permit construction of a 5,194 SF car wash facility on the site previously occupied by Kirby and Holloway Family Restaurant. Along with the Site Plan application, the applicant had submitted a waiver request from the requirements of the Arterial Street Buffer mainly to reduce it from thirty feet to ten feet. The available area for the buffer was reduced since a portion of the property on this frontage area is being dedicated as right-of-way to Route 13. Staff continues to recommend approval of this waiver request. A public hearing on this application was opened and closed at the February meeting of the Planning Commission. During that meeting, members of the public had challenged the City’s interpretation of Code, mainly Article 3 Section 29.5 which specifically lists prohibited uses in the SWPOZ (Source Water Protection Overlay Zone) as well as the City being able to administratively approve the waiver of the arterial street buffer. For these reasons, the body moved to table the review of this application. In the packets, all members of the Planning Commission should have received a memo updating the status of this application from the Planning Office. The Director of Planning, Mr. Dave Hugg consulted with the City Solicitor who agreed with the interpretation of the Planning Office in stating that the use of a car wash was not prohibited in the SWPOZ – Tier 3 Excellent Recharge Area (Source Water Protection Overlay Zone). The waiver request can be reviewed by the Planning Commission directly. For these reasons, Planning Staff continues to support approval of Application S-19-01 under the conditions as stated in the DAC Report of February 6, 2019. In the motion, the members of the Planning Commission should act according to the recommendations as described in the DAC Report and agency comments from February 6, 2019. Specifically, the DAC Report lists three recommendations found on Pages 6 and 7. Number 1 that in an effort to eliminate any potential question of compliance, Planning Staff had recommended that the applicant either move and/or condense the building so that all car wash activities contained within the structure are located outside the boundary of the SWPOZ (Source Water Protection Overlay Zone). Number 2 for the waiver request, Staff had recommended approval of the waiver request as related to the Arterial Street Buffer reducing the requirement of thirty feet to ten feet in width. The plan proposes a landscaped area with tree and shrub plantings between the on-site drive aisle and the new street frontage sidewalk. The available area for the buffer was reduced again since a portion of the property on the frontage area was being dedicated as right-of-way to Route 13. Number 3 is regarding the historic sign. To further subsection 2.28 related to architectural characteristics of proposed buildings, Staff had recommended that the Planning Commission request that the applicant keep, maintain and refurbish the historic Kirby and Holloway sign in its current location on the property. The architectural characteristics of this pylon sign including the shapes and arrangements of the five sign panels and the curving arrow are unique and should be kept; however, the sign panels may otherwise be refaced to suit the needs of the new business as part of the sign refurbishment. The motion should refer to act upon these three items. 6

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Mr. Paradee stated that the NEPA Case is actually on appeal to the Delaware Supreme Court and oral arguments are scheduled for next week. That is another reason to not pay attention to that case. Mr. Holt questioned if the retention of the wastewater was satisfactory with Mr. Hugg and the City? Is that going to be satisfactory to prohibit leakage into the groundwater? Responding to Mr. Holt, Mr. Hugg stated that he would defer to Public Works but the short answer is that they would meet all of the requirements necessary for addressing runoff or surface water. Mr. Lyon questioned if Mr. Holt was referring to stormwater or wastewater? Responding to Mr. Lyon, Mr. Holt stated that he was referring to wastewater. Mr. Lyon stated that the City of Dover is a contract user for the Kent County Wastewater Treatment Plant so we have to follow any rules that they have with regards to the discharge of the effluent waste that goes into the system. The applicant will have to make sure that they get the approval for that before they satisfy the Department of Public Works approval. Typically, this is something that gets allowed into the system. Ms. Maucher questioned if conditions are legally binding if the Commission makes a motion to approve with conditions and those conditions aren’t met? Or can they not move forward unless those conditions are met? Responding to Ms. Maucher, Mrs. Melson-Williams stated that as part of the DAC Report, the Planning Staff always looks to the series of objectives that are outlined in the Code for Planning Commission when considering Site Development Plans and they add recommendations. The section is titled “Recommended Additional Considerations to Meet Code Objectives.” In this section is where we typically relate Staff’s opinion on any waiver requests and any other conditions or safeguards that as the Code recalls are related to public health, safety and welfare; comfort and convenience of the public; and dealing with residents in the immediate area. The safeguards or conditions are meant to further express the intent of the Zoning Ordinance and in this case there are three items that they identified. The first one is related to the building’s position versus the SWPOZ (Source Water Protection Overlay Zone). Right now a piece of the building is within the SWPOZ (Source Water Protection Overlay Zone). The second item deals with the Arterial Street Buffer request where Staff is recommending approval of that. The third item is the historic sign. The sign that is on the property has been designated a “historic or significant sign” in the City’s Sign Provisions. Those sign provisions do not indicate what the long term of that sign should be. Basically, the designation as a historic or significant sign allowed it to not be considered an abandoned sign meaning it could stay in place even though the business that it was advertising was not there. For Recommendation 3, Staff is recommending that the applicant keep, maintain and refurbish this existing sign. They think it has some advantages that new signage cannot place; both related to size and location and that it is somewhat fitting with the architectural design of the overall car wash. They think that it could be refaced and be an asset to their location. In this recommendations section, the Planning Commission can pick and choose or add others that they may feel are necessary to meet the objectives of the whole public health, safety and welfare of the project. Mr. Hugg stated that when the Commission makes their motion on this project, they do need to address each of those recommendations and include or exclude them specifically from the 7

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 recommendation. Otherwise, if they are included they do become a binding condition of the approval. Ms. Maucher stated that there is a fourth condition for internal sidewalks. Mr. Paradee stated that they have no objection to three out of the four suggested conditions. The one that is problematic for them is moving the building. If you have to move the building back at all you start to compromise the circulation and the safety of the operation. There is just not enough room to push the building back in the other direction and at most they would be able to move it maybe five feet. The point really is, why should you move it at all because the legal conclusion is that this use is permitted in the SWPOZ (Source Water Protection Overlay Zone). Whether it’s five feet of the building in it or all of the building in it, it’s permitted. They are going to minimize it but they simply can’t move the building far enough to move it all the way out. Their request would respectfully be that they comply with all of the conditions except that one. Ms. Maucher questioned the applicant’s position on the sign? Responding to Ms. Maucher, Mr. Paradee stated that they intend to work with Staff to refurbish the sign. They think it’s a really neat and cool thing and they would love to see it stay. They will incorporate it into their design and retain the structure and shape. Their commitment is to work with Staff to make that happen. Mr. Holt stated that if they are going to keep the sign maybe they can change the name of the car wash to Kirby and Holloway Car Wash or something that would make more sense and would go along with the sign that is there now. Mr. Roach stated that he didn’t know if because they tabled it and brought it, do they give the opportunity for the public to make comments. Responding to Mr. Roach, Dr. Jones stated no not tonight. The public hearing on this application was conducted at last month’s meeting so therefore there is no public hearing tonight. Ms. Maucher moved to approve S-19-01 Tommy Car Wash at 656 North DuPont Highway and the requested waiver (Arterial Street Buffer) and with the sign condition and the interior sidewalk condition, seconded by Mr. Holt and the motion was carried 5-0 with Mr. Adams recused and Ms. Edwards, Mrs. Welsh and Mr. Tolbert absent. Ms. Maucher voting yes; based on Staff recommendations and the clarification from the City Planner. Mr. Roach voting yes; due to the clarification from the City Solicitor saying this wasn’t a use that wasn’t specific to this actual location. Mr. Holt voting yes; based on the City of Dover. Mr. Baldwin voting yes; based on Staff recommendations to this application. Dr. Jones voting yes; based on the comments already made and the clarification on some issues that were unresolved. Mr. Adams has returned to participate in the meeting. NEW APPLICATIONS 1) Z-19-04 Lands of Beauregard at 878 South State Street – Public Hearing and Review for Recommendation to City Council on a rezoning application for a parcel of land totaling 8

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 9,600 SF +/- located at 878 South State Street. The property is zoned R-8 (One-Family Residence Zone). The proposed zoning is C-1 (Neighborhood Commercial Zone). The property is located on the west side of South State Street, north of Wyoming Avenue and south of Gooden Avenue. The owners of record are Andre M. and Jane J. Beauregard. Property Address: 878 South State Street. Tax Parcel: ED-05-077.17-03-51.00-000. Council District 2. Ordinance #2019-08. Representatives: Mr. Lance Mears, Hunter Creek Homes Mrs. Melson-Williams stated that this is a Rezoning application in regards to the property at 878 South State Street. This is located on the west side of South State Street in the block between Wyoming Avenue and Gooden Avenue. It is a property of 9,600 SF. Currently, there is a one- story existing building that is located on the property. There is a driveway that leads from South State Street to the rear of the property where there is a parking area and the property also has access off a rear alley to that parking area. The current zoning of the property is R-8 (One- Family Residence Zone) and they are proposing of the property to C-1 (Neighborhood Commercial Zone). This is an area of South State Street where the zoning is fairly mixed; so for example, the adjoining property to the north where there is an existing day care facility is zoned R-8 (One-Family Residence Zone). The building to the south of the subject site is zoned RGO (General Residence and Office Zone) originally also constructed as a house but has most recently been utilized as office space which is allowed under the RGO (General Residence and Office Zone). Across the street we find another multi-tenant office building on lands that are zoned C- 1A (Limited Commercial Zone) and then also the YMCA facility that is zoned IO (Institutional and Office Zone). The subject site was the subject of the Conditional Use application back in 2008 to establish a church in the building and that was approved by the Planning Commission. The church was located there for a number of years but then most recently has reverted to a single-family dwelling. With any Rezoning, we have to look to the Comprehensive Plan and what that tells us about the property. The Land Development Plan of the Comprehensive Plan identifies this property as the Residential Medium Density land use classification and with that land use classification there are a series of zones that comply with that land use classification. Most of them are very specifically residential; however, it does include C-1 (Neighborhood Commercial Zone) which this property is requesting. In the Zoning Ordinance when talking about Neighborhood Commercial Zone, there are a number of specific uses that are permitted in the zone. They include retail stores, personal service establishments, service establishments, restaurants and then some residential uses. There are a number of things that are specifically prohibited, meaning that a property that is zoned C-1 (Neighborhood Commercial Zone) cannot have the following prohibited uses: fuel pumps, motor vehicle storage sales or repairs, drive throughs, liquor stores, fire arm sales and tobacco shops. The other thing that is unique to the C-1 (Neighborhood Commercial Zone) is that the floor area of any one establishment in that zone is limited to 2,500 SF. Planning Staff is recommending approval of the Rezoning from R-8 (One-Family Residence Zone) to C-1 (Neighborhood Commercial Zone) as requested. They find that it is consistent with the Comprehensive Plan for the land use classification. The Comprehensive Plan also talks about the ability to have small scale commercial in residential areas. This area of South State Street is adjacent to a number of buildings where residential buildings have been altered to then be used 9

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 alternatively as non-residential uses. The DAC Reports from the other agencies basically have no objections to the Rezoning. A number of them do provide information about should a change of use be proposed, some advisory notes about how to establish that use appropriately and the requirements therefore are identified. Dr. Jones opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Holt moved to recommend approval to City Council for Z-19-04 Lands of Beauregard at 878 South State Street from R-8 to C-1, seconded by Ms. Maucher and the motion was carried 6-0 with Ms. Edwards, Mrs. Welsh and Mr. Tolbert absent. Mr. Adams voting yes. Mr. Roach voting yes. Mr. Holt voting yes. Mr. Baldwin voting yes. Ms. Maucher voting yes. Dr. Jones voting yes. 2) S-19-02 Boardwalk Apartments at 127, 129, 133, 135 Roosevelt Avenue – Public Hearing and Review of a Site Development Plan Application to permit construction of a three-story 19,824 SF apartment building consisting of 18 units, four covered parking buildings, and accompanying site improvements. The previous structures on the sites will be demolished. The subject area consists three (3) parcels totaling 0.828 +/- acres located on the north side of Roosevelt Avenue east of North DuPont Highway (US Rt. 13). The property is zoned RG-2 (General Residence Zone). The owner of record is Miller Investments, LLC. Property Addresses: 127, 129, 133, and 135 Roosevelt Avenue. Tax Parcels: ED-05-077.18-02-71.00- 000, ED-05-077.18-02-72.00-000, and ED-05-077.18-02-73.00-000. Council District 2. For Consideration: Cash-in-lieu of Active Recreation Area Construction. Project is associated with variance application V-18-11. Representatives: Mr. Brendan Diener, Pennoni; Mr. David Miller, owner Mr. Swierczek stated that this is a review of a Site Development Plan to permit construction of a three-story apartment building containing eighteen units and four covered parking buildings and accompanying site improvements. The previous structures on the sites will be demolished. The subject area currently consists of three parcels totaling 0.828 acres located on the north side of Roosevelt Avenue east of North DuPont Highway. There are two previous applications of note related to the sites. In 2018, the applicant for this project submitted to the Planning Office an application for Rezoning of 127, 129, 133 and 135 Roosevelt Avenue. This was application Z- 18-01. The Rezoning application proposed changing the zoning for these properties from the then designation of R-8 (One Family Residence Zone) to the new designation of RG-2 (General Residence Zone). The Planning Commission held a public hearing for the Rezoning application on September 17, 2018 and recommended the Rezoning to City Council for approval. At their January 23, 2019 meeting, the Board of Adjustment reviewed application V-18-11 which sought the following three variances. Number 1 was to exceed the RG-2 (General Residence Zone) maximum lot coverage of 60% and allow the lot coverage to go up to 65.4%. Number 2 was to allow the accessory buildings to take up to 38% of the side and rear yards exceeding the typical limit of 30%. Number 3 was to allow parking within fifteen feet of a wall belonging to a multi- family dwelling. All three variances were approved by the Board of Adjustment and it is with these approved Variances that this application is presented to the Planning Commission for review. 10

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 The three parcels containing four buildings addressed as 127, 129, 133 and 135 Roosevelt Avenue currently contain a mix of one-family and multi-family residences all operated as rental units. The applicant proposes to increase the number of dwelling units onsite from ten to eighteen units by demolishing the four existing structures, consolidating the three parcels into one and then building the new apartment building. The new building would be accompanied by forty-one onsite parking spaces to meet the minimum parking requirements of the Zoning Ordinance. Four accessory buildings are also proposed which are intended to turn thirty-one of the parking spaces into covered parking. The remaining ten parking spaces would be located in an alcove on the first floor of the apartment thus ensuring that they are also covered by the building’s second floor. The residential projects are typically required to provide Active Recreation Area under Zoning Ordinance, Article 5 Section 10.1. Due to the properties size and unit density, this project qualifies for an Active Recreation Area exemption for small developments. The Planning Commission will need to determine if the construction of some or all of the required Active Recreation Area is not practical or desirable and therefore will require a full or partial cash-in-lieu donation for the portion of the Active Recreation Area determined as not practical or desirable. Staff recommends that the Commission consider their relatively limited availability of land on this site when considering if the applicant should proceed with the cash-in-lieu option as described in Section 7 of the Report. Staff also recommends that some type of screening should be required in between the parking provided and the neighboring residential properties. The relatively close proximity of the accessory parking structures to the property lines may necessitate consideration of increased landscape plantings and/or fencing. It should also be noted that it appears that there may be existing fencing on adjacent residential properties. Mr. Diener stated that they do not have any statements at this time. Mr. Adams stated that his question relates to the large-scale plans that were provided. He is curious to know and perhaps he just missed it, but he was looking for the easement that they discussed at the last meeting and wanted to see where the easement went through the property as demonstrated on these plans. Responding to Mr. Adams, Mr. Swierczek stated that there is a separate proposal for an apartment building also on Roosevelt Avenue and also by Miller Investments. These are two separate applications. Mr. Roach stated that it was stated that they believe there is fencing. Do you know if it is directly adjacent to the other properties and what type of fencing is it? Responding to Mr. Roach, Mr. Swierczek stated that it would appear in the plans and also viewing it on Google Maps that there is fencing on neighboring properties, but it is because of the close proximity of the accessory garage structures that Staff recommended that. Mr. Miller stated that they will be making sure that there is fencing for them. They want the site to be very secure. He talked to Mr. Swierczek about the cash-in-lieu at their meeting. Has Staff found out any information on the particulars of that? Is that something that they deal with moving forward after this or is it part of this decision tonight? Responding to Mr. Miller, Mrs. Melson-Williams stated that dealing with Active Recreation in the City is a little confusing at times. Residential developments require Active Recreation and there is an area amount per dwelling unit that must be provided. In certain instances, there are some exemptions and it 11

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 appears that this project could qualify for one of the two different exemptions. Depending on which one you pick is then how the cash-in-lieu is calculated. In one instance, the cash-in-lieu amount is based on a percentage of the appraised value of the entire property and in another case the cash-in-lieu amount is based on what a per acre cost would be for the area that you are not providing. The short answer is tonight what the Planning Commission should be focused on is should they provide Active Recreation Area or should the cash-in-lieu option be pursed. If the cash-in-lieu option is to be pursued, then they have to receive from the applicant an appraisal and that appraisal is utilized to calculate what exactly the amount it. At that time, they can do both calculations and determine which one may be more appropriate given the property. That cash in lieu amount will have to be reviewed by the Parks, Recreation and Community Enhancement Committee as well as back to the Planning Commission to accept the specific dollar amount. The decision tonight is to either provide Active Recreation Area or provide cash-in-lieu. The amount of cash-in-lieu is yet to be determined. Mr. Miller questioned if the permitting process for the building can run sequentially at the same time that this is happening or does it have to be prior to permitting? Responding to Mr. Miller, Mrs. Melson-Williams stated that if you are utilizing the cash-in-lieu option, the cash-in-lieu payment must be made prior to the Building Permit being issued. So as part of the process to finalize the Site Plan, that is when they would need to be moving through that process to finalize what the cash-in-lieu amount is and get it back before the appropriate bodies to act on. Mr. Holt questioned if there is another Active Recreation Area nearby for kids in this area within a short walking distance of this site? Responding to Mr. Holt, Mrs. Melson-Williams stated that in the general area there are ways that you could walk to other places that may be considered Active Recreation Areas but there is not a specific City park in the general vicinity of Roosevelt Avenue. There are either areas that would involve driving to them or walking on what is a somewhat noncontiguous pedestrian way to get to trail systems that would then lead you to park areas. Mr. Holt stated that he knows that the City has a number of small Active Recreation Parks around the City, but he just wondered if one of those was in this area. Mr. Roach questioned how difficult it would be to make it come to fruition if they did not approve the cash in lieu just for the fact that he has the same question and concern in regards to that are with the car wash, the Mazda dealership, River Chase, and the project that is going to go down the street. There is absolutely nothing on that side in regards to activities for kids. Responding to Mr. Roach, Mr. Miller stated that if he is talking about the financial viability of the project, it wouldn’t happen. Dr. Jones opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Roach questioned how close the covered parking garages are on the back side? Are they right next to each other or is there any space in between each of them when you come around the whole building? Responding to Mr. Roach, Mr. Miller stated that there are individual buildings so at the corner there are no buildings and then there are two more. 12

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Dr. Jones questioned if the applicant is in agreement with the DAC Report and the recommendations from Staff? Responding to Dr. Jones, Mr. Diener stated yes. Ms. Maucher moved to approve S-19-02 Boardwalk Apartments at 127, 129, 133, 135 Roosevelt Avenue with the cash-in-lieu requirement as well as the screening requirement, seconded by Mr. Holt and the motion carried 6-0 by roll call vote. Ms. Maucher voting yes; based on Staff recommendations. Mr. Adams voting yes. Mr. Roach voting yes. Mr. Holt voting yes. Mr. Baldwin voting yes. Dr. Jones voting yes; based on Staff recommendations. 3) S-19-03 Retail Center at 747 N. DuPont Highway: Master Plan – Public Hearing and Review of a Site Development Master Plan to permit phased construction of a retail center to consist of four buildings totaling 62,260 SF in three phases. The buildings proposed include three retail structures of 19,200 SF, 19,975 SF, and 11,900 SF respectively. There is also a restaurant of 11,185 SF. The property is zoned SC-2 (Community Shopping Center Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The property is located on the east side of North DuPont Highway and south of Leipsic Road. The owner of record is Rojan 15 DD, LLC. Property Address: 747 North DuPont Highway. Tax Parcel: ED-05-068.05-01-15.01-000. The project also involves reconfiguration of the property and parking for the hotel located at 764 Dover Leipsic Road. This adjacent property is zoned C-4 (Highway Commercial Zone) and is subject to the SWPOZ (Source Water Protection Overlay Zone). The owner of record is Delmarva Hotels LLC. Tax Parcel: ED-05-068.05- 01-14.00-000. Council District 3. PLUS #2018-02-02. This site was subject to a Minor Subdivision Application SB-18-01 as approved by the Planning Commission on February 20, 2018 and granted a one-year extension on February 19, 2019. The Subdivision proposed dividing the existing parcel of 25.01 +/- acres into two parcels of 10.007 +/- acres and 15.004 +/- acres. This proposal deals exclusively with the 10.007 +/- acre parcel to the south. Representatives: Mr. James Taylor Jr., Duffield Associates Mr. Diaz stated that this project is to create a new shopping center at 747 North DuPont Highway. This location is sometimes called the old Berry Van Lines site. It’s at the corner of Dover Leipsic Road and North DuPont Highway. This center would consist of three new retail buildings and a new restaurant. The center would also connect to an existing hotel that is adjacent at 764 Dover Leipsic Road through a land swap that would occur between the two properties. This project has been through several steps to get to where we are now. One of those has been through State PLUS Review. Just today the applicant submitted responses to the State comments which were placed on the Commissioner’s desks this evening. They have also been through a Traffic Impact Study with DelDOT which he has been told that it’s in its final stages and on its way to approval. It went through a Subdivision Application with the City last year that is SB-18-01. It was reviewed originally in February 2018 and given an extension approval in February 2019. This latest step is submission of a Site Development Master Plan Application. A Site Development Master Plan allows applicants to submit a conceptual plan of a project for the Planning Commission’s review and approval and then subsequently to submit 13

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 detailed plans for individual phases which would undergo administrative review by the Planning Office. The process gives them an extended timeline for construction of the shopping center. It is a useful tool to have for large and complex projects. For this project, Phase 1 would consist of the restaurant, one retail building that is sized 11,900 SF, all of the site entrances and most of the stormwater management areas identified for the site. Phase 2 would consist of one more retail building sized 19,975 SF and then Phase 3 would consist of the last retail building sized 9,200 SF and the last largest stormwater management area which is located to the east of the center at the top of the plan shown. There are a few issues that Planning Staff worked on with the applicant during review of this project. One was the implications of the zoning. The shopping center property is currently zoned SC-2 (Community Shopping Center Zone) while the hotel is zoned C-4 (Highway Commercial Zone). The land swap that would occur between the two properties would cause both properties to become split zoned which has a number of code ramifications which Staff examined closely to make sure that both properties will remain compliant with the base zoning. Both properties are also subject to the SWPOZ (Source Water Protection Overlay Zone) which limits the amount of impervious surface which can be constructed onsite. In the case of the site Development Master Plan specifically that limit is 75% if the project receives certification from the City Engineer for Superior Stormwater Infiltration Design. The applicant stated that they will work with Kent Conservation District and the City’s Public Works Department to pursue that certification. Another issue that we are working on is the architecture of the new buildings. Initially, the applicants provided photographs which served as examples of what the buildings might look like and those are photos of existing buildings in other cities. Since then they have provided Staff with one rendering of the restaurant building that is specific to this site. It shows a Golden Corral Restaurant and that is what the building is supposed to look like; however, they have not seen renderings of the other sides of the building only the front side. They informed the applicants that they would need to bring the architecture of all of the buildings on the site to future meetings of the Planning Commission for a detailed review. There are a few other minor issues that they are working on related to bike parking, dumpsters, landscaping and making sure that the wastewater from the site can be handled by the nearest City pump station. They expect to handle all of these issues during the administrative review phase of the project. They have a couple of Staff recommendations for conditions of approval which are related to improving the architecture of the complex and also improving the pedestrian facilities onsite. These are outlined in Section 9 of the Planning Staff portion of the DAC Report. Specifically, the first recommendation is for architecture. Staff is recommending that the Planning Commission request that the future architecture submitted for the site be carefully reviewed by the applicant before submission to make sure that there are no blank walls that would appear on the building facades. The second one is related to pedestrian facilities. Staff is recommending a few specific improvements to the onsite pedestrian network that they feel would improve the walking experience for visitors to the site, in particular the addition of crosswalks and an additional sidewalk from Dover Leipsic Road. The Commissioners should act on each of these recommended conditions either including them or not including them in the motion as necessary. 14

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Mr. Taylor stated that they have been working extensively with the Planning Staff and plan to continue to work with Planning Staff as well as DelDOT and Kent Conservation District to get all of the approvals necessary in order to develop this property. Mr. Roach questioned if Mr. Taylor had any issues with the recommendations from the Planning Staff? Responding to Mr. Roach, Mr. Taylor stated no, the Planning Staff has been great and they have worked through some of them. They understand the architectural requirement and at this point in the stage with a Master Plan, you are kind of early on in the stage of planning. As Mr. Diaz mentioned, the restaurant is proposed to be a Golden Corral which the architectural shows. The plan is for the remainder of the architecture of the Golden Corral to look similar to that but they will provide renderings for all four sides of the building at a later Planning Commission meeting. Dr. Jones opened a public hearing. Mr. Matt Groves - PO Box 285 Dover, DE 19903 Mr. Groves stated that he just found out about all of this about a week ago that it was going to get developed and he had a different idea. He is for the restaurant but what he wanted to do was have it looked at to make it a drag track to tie in with Dover Downs. He has contacted Dover Downs but hasn’t heard anything yet and he is going to contact NASCAR and see what they say. Dr. Jones stated that they have to consider the application as it is tonight but perhaps he can engage in conversation later with the concerned parties. Mr. George Wambold – 885 Dover Leipsic Road Dover, DE 19901 Mr. Wambold stated that he lives almost across from Lot 1 at Dover Downs. He is curious on how far down the shopping center is going to come towards his house. Responding to Mr. Wambold, Mr. Taylor stated that the existing hotel is on the top left corner (referring to the plan visual on the screens.) Right now there is an access drive behind the hotel and the plan is to improve that. Mr. Wambold stated that he was under the understanding that they were going to put apartment buildings in this area. Responding to Mr. Wambold, Mr. Taylor stated that at one point in time there was the proposal to put apartments there but right now the only thing that is planned for development is the shopping center. Mr. Wambold stated that he is all for it. Dr. Jones closed the public hearing. Mr. Hugg stated that he would remind the Commission that there are Staff recommended conditions and they need to be clear as to whether they are including them or not including them in the motion. 15

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Mr. Adams moved to approve S-19-03 Retail Center at 747 N. DuPont Highway: Master Plan as submitted with the accompanying Staff recommendations, seconded by Mr. Holt and the motion was carried 6-0 by roll call vote with Ms. Edwards, Mrs. Welsh and Mr. Tolbert absent. Mr. Adams voting yes. Mr. Roach voting yes. Mr. Holt voting yes. Mr. Baldwin voting yes. Ms. Maucher voting yes. Dr. Jones voting yes. NEW BUSINESS 1) Project for Dover’s 2019 Comprehensive Plan a. Update on Project Activities b. Review of Preliminary Draft #2A – Goals and Recommendations Mrs. Melson-Williams stated that the Planning Staff continues to be very busy. They actually have initial drafts of about five or six chapters. What was included in the packet tonight is what they call “Preliminary Draft #2A of the Goals and Recommendations. This is the series of Goals and Recommendations for the main chapters of the plan. Last Spring they started with how do you like the existing Goals and Recommendations and now they are through drafting what are the new set of Goals and Recommendations. They are providing them to the Commission for the initial review. They would like to hear and comments or feedback on them. You do not have to take specific action this evening on them; they just wanted to keep you in the loop of what is going on. With these in fairly good shape, they are moving to working on the text of the various chapters and delving back into the series of maps that also must accompany the Comprehensive Plan. Good news for them is that last week they received the extension of the timeframe needed to complete the Comprehensive Plan. The current Comprehensive Plan was set to expire in early February. The State Cabinet Committee on State Planning Issues formally granted the extension at their meeting last week. They had actually asked for the extension back in the Fall. This is continued work on the Comprehensive Plan. If you have thoughts please visit the City’s website that they have dedicated to the Comprehensive Plan so that you can see the most recent information that they have posted. They will be in the next week, posting this information for the public to start reviewing and to remind them that they are doing a Comprehensive Plan since it’s been a while since we had an Open House in August 2018. The other thing that they have been doing is meeting with their adjacent jurisdictions. They met with Kent County, the Towns of Camden, Little Creek as well as Cheswold and they are still trying to get the meeting lined up with the Town of Wyoming. They continue to make progress and certainly within the next few months they will be seeing what will be the draft document to begin the formal review process for it. Meeting adjourned at 8:33 PM. Sincerely, Kristen Mullaney 16

CITY OF DOVER PLANNING COMMISSION MARCH 18, 2019 Secretary 17

The Institute for Public Administration presents Introduction to Real Estate Development for Local Government Officials COURSE INSTRUCTOR COURSE INSTRUCTOR Paul Bryant Sean O’Neill, AICP Founding Partner Policy Scientist, IPA SB Real Estate University of Delaware This new IPA training course will introduce the real estate development process from the perspective of may 3, 2019 the real estate professional. Attendees will learn the ins and outs of what it takes to get development projects designed, funded, built, and completed. This course will 9:00 a.m. to NOON Check-in begins at 8:30 a.m. give local government officials a better understanding of their role in the development process and how land use decisions and regulations can guide the growth of their communities in the future. The Duncan Center 500 Loockerman Street, Dover, DE 19904 Course topics will include: • The Real Estate Development Project Lifecycle $55 Registration Fee • Market Research Includes refreshments • Site Selection Registration Deadline May 2, 2019 • Real Estate Financing • Asset Management Register online • The Role of the Public Sector www.bidenschool.udel.edu/ This session qualifies for certificate credit in the Academy for Excellence in Local Government ipa/events/upcoming Leadership.

City of Dover DATA SHEET FOR MINOR SUBDIVISION PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF April 3, 2019 PLANNING COMMISSION MEETING OF April 15, 2019 Plan Title: Minor Subdivision Plan for Kraft Foods Group, Inc, SB-19-01 Plan Type: Minor Subdivision Plan Applicant/Owner: General Foods Corp. (Kraft Foods Group, Inc.) Property Location: South side of West North Street and west of POW-MIA Parkway Property Address: 1250 W. North Street, Dover DE Tax Parcels: ED-05-076.00-01-12.00-000 ED-05-076.00-01-10.00-000 Existing Site Area: 105.6689 acres +/- Parcels to be Created: Lot 1: 16.3949 acres +/- Residual: 89.2740 acres +/- Zoning: IPM (Industrial Park Manufacturing Zone) Current Use: Manufacturing facility (food products) Sewer & Water: City of Dover P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: April 3, 2019 APPLICATION: Minor Subdivision Plan for Lands of Kraft Foods Group Inc. at 1250 W. North Street FILE #: SB-19-01 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP, Principal Planner PHONE #: (302) 736-7196 I. PLAN SUMMARY: This application is the Review of a Minor Subdivision Plan to permit subdivision of 105.6689 +/- acres of land into the new Lot 1 of 16.3949 acres and the Residual of 89.2740 acres. The property is located on the south side of West North Street and west of POW-MIA Parkway. The property is zoned IPM (Industrial Park Manufacturing Zone). The owner of record is General Foods Corp. (Kraft Foods Group, Inc.) Property Address: 1250 West North Street. Tax Parcels: ED-05-076.00-01-12.00-000 and ED-05-076.00-01-10.00-000. Council District 2. Existing Property The property is the site of the Kraft Heinz manufacturing facility. The development of the food production facility began in the 1960s and includes a rail-line spur that approaches the main building from the south. Access to the site is from West North Street with parking and truck parking areas in the northeast portion of the site. With the recent development of the POW-MIA Parkway (West Dover Connector project), the location now has street frontage along the Parkway. The site is enclosed by fencing (chain-link). II. PROJECT DESCRIPTION This Minor Subdivision Plan proposes to subdivide the property into (2) separate parcels. See the following Table for summary of the parcels. Proposed Site Building Area Acreage Lot 1 Open Area 16.3946 acres Existing Residual (portions of two parcels) Building & Site 89.2740 acres Improvements Total 105.6689 acres Lot 1 is the new parcel being created by subdivision an existing unimproved area of the property

SB-19-01 Minor Subdivision Plan for Lands of Kraft Foods Group Inc. DAC Report of April 3, 2019 Page 2 on the southeast side of the facility site. This large open area has frontage on the POW-MIA Parkway; however, no specific access point has been determined. The remaining land area (the Residual) is the existing location of the manufacturing building, vehicle and truck parking areas, and a rail-line spur (railroad track). III. ZONING REVIEW IPM Zoning District The property is zoned IPM (Industrial Park Manufacturing Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §20 and Article 4 §4.16 as a conventional individual lot development. The following table highlights some of the lot design standards for the IPM Zone: Minimum Required IPM (Conventional Planned) For All Permitted Uses: Lot Area 2 1/2 acres Lot width (ft.) 200 Lot depth (ft.) 300 Front Yard 60 Side yard (ft.) 40 Rear yard (ft.) 40 Side or rear yard which adjoins a residential zone (ft.) 100 Off-street parking space: Per 800 sq. ft. of floor area 1 Per employee, per largest working shift (if greater than the requirement under the floor area calculation 1 Maximum Permitted Building Height: Stories Not limit Feet Equal to distance to nearest lot line Floor Area Ratio 0.5 Lot Coverage 75% The proposed subdivision appears to comply with the IPM bulk standards of Article 4 §4.16 as outlined for the existing development (buildings). Site compliance with the IPM parking requirements could not be confirmed. Any future development of Lot 1 will be subject to these bulk standards. As part of the review process, Planning Staff made a determination regarding the question of the bulk standard requirements for height. See the following statement from email of 2/28/2019: Thank you for the additional information about the existing building height. The following determination addresses the question of the bulk standard requirement for height: For the IPM zone, in Zoning Ordinance, Article 4 Section 4.16 (the bulk standards) list the maximum permitted Building Height as “Not limited” for the number of stories and as “Equal to distance to nearest lot line.” Thus, the Building Height is limited to the proximity (distance) to the lot lines. The Zoning Ordinance, Article 12 defines Height: The vertical distance measured

SB-19-01 Minor Subdivision Plan for Lands of Kraft Foods Group Inc. DAC Report of April 3, 2019 Page 3 from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the mean height between [the] eave and ridge for other types of roofs. The Code does not provide guidance on how to specifically address Building Height when a Building has multiple roof heights for different sections of the building. Planning Staff has determined that the Building Height is limited by the distance of the specific building element/section to the lot line (property line). For example, a tower element being taller than the general building would require that the height of the tower is limited to the tower’s distance from the property line and the general building is limited in height to the distance the general building is from the property line. For the proposed project described below, it appears that the conceptual plan to create a new property line approximately 84 feet from the east side of the existing building would be in compliance (per our determination above). The taller tower-like sections of the building comply in Height to the distance of the element from the property line. Please include the height information and distance measurements gathered in the application/plan submission. V. SITE CONSIDERATIONS Site Access The Residual parcel includes the existing main entrance/exit and a secondary access to West North Street. It has no access onto the POW-MIA Parkway. There are no existing access points to the POW-MIA Parkway for Lot 1. Parking/ Bicycle Parking The minimum parking requirements for the existing facility are based on floor area or on an employee count of the largest shift. The Zoning Ordinance also requires minimum bicycle parking of one (1) bike space for every twenty (20) parking spaces. The facility was originally construction under different code requirements and may be non-conforming. The existing property also includes several parking areas devoted to truck parking and loading facilities which comply with the loading berth requirements. A detail parking space count of vehicle and bicycle parking was not provided. Sidewalks & Pathways According to Zoning Ordinance, Article 5 §18, sidewalks or other pathways required along all street frontages of the properties with certain types of development reviews; however, a Minor Subdivision Plan submission is a type that does not require construction of sidewalks/pathways. The subject site includes an existing multi-use pathway along the West North Street frontage and a ten-foot width paved path along a portion of the POW/MIA Parkway frontage. Landscaping and Tree Planting Landscaping requirements are subject principally to the regulations found in Zoning Ordinance, Article 5 Sections 15 and 16 and are also addressed in other various sections of code related to buffering, screening, and open space. There are existing tree plantings and woodland areas on the Residual parcels. The future development activity on Lot 1 will be subject to these provisions. Flood Hazard Areas/Wetland Areas The Zoning Ordinance, Article 5 §11 includes limitations on development in Flood Hazard

SB-19-01 Minor Subdivision Plan for Lands of Kraft Foods Group Inc. DAC Report of April 3, 2019 Page 4 Areas (100-year floodplains) and in/and near Wetland Areas. In the southwest areas of the Residual (parcels) are impacted by the Flood Hazard Area and a wetland area. The new Lot 1 is not impacted by these areas. VI. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Sheet 1: a. Update number of existing lots to be two (2) and the total number proposed to (3) if Residual is to remain as two tax parcels. This accounts for the separate parcel that exists along the western property line. However, as part of this Plan this second parcel (parcel 10.00) can be combined into the Residual (parcel 12.00). b. Update Item #13 – Bulk Standards to the IPM requirements for a conventional lot development. Currently, listed are the provisions for a Planned Industrial Park: this is not a Planned Industrial Park. 2) Provide any available information on counts of vehicle and bicycle parking spaces. 3) Any existing easements recorded should be shown on the plan along with any new easements that are currently proposed with this subdivision. Ensure plan notes or labels with the easements provide their reference sources. 4) The formal Record Plan will need to be recorded upon completion of the approval process with any corrections identified by the reviewing agencies. 5) The Final Record Plat submitted must include requirements described in Dover Code of Ordinances, Appendix A: Land Subdivision Regulations, Article IV, C. Plat. VII. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES: The Land Subdivision Regulations, Article I. Purpose, indicates that the regulations are adopted in order to promote and protect the public health, safety, convenience and general welfare; ensure the orderly growth and development of the City, the conservation, protection and proper use of land, and adequate provision for housing, recreation, circulation, utilities and services; and safeguard the City from undue future expenditure for the maintenance of streets and public spaces. Similar safeguards are also in the expressed intent of the Zoning Ordinance, and in the Site Development Plan objectives listed in subsections Article 10 §2.21 to 2.28. 1) This Minor Subdivision Plan creates a new parcel with a Residual (two parcels); the areas remain zoned IPM. The Subdivision Plan complies with the Land Subdivision Regulations. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives are offered for consideration by the Planning Commission.

SB-19-01 Minor Subdivision Plan for Lands of Kraft Foods Group Inc. DAC Report of April 3, 2019 Page 5 VII. ADVISORY COMMENTS TO THE APPLICANT: 1) In the event, that major changes and revisions to the Minor Subdivision Plan occur in the finalization of the Plan contact the Planning Office. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 2) Following Planning Commission approval of the Minor Subdivision 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 prior to recordation at the Kent County Recorder of Deeds Office. 3) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 4) The engineer or surveyor signing and certifying the Plan is required to have a City of Dover Business License. Contact the Permitting & Licensing Section at 736-7010 for more information. 5) The applicant shall be aware that Minor Subdivision 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. 6) The applicant shall be aware that Minor Subdivision 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. 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: MARCH 27, 2019 APPLICATION: Minor Subdivision Plan Lands of Kraft Foods Group Inc. at 1250 W. North Street FILE #: SB-19-01 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – 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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. 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. 10. 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. 11. 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. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. 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. 14. 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.

Minor Subdivision Plan Lands of Kraft Foods Group Inc. at 1250 W. North Street File #: SB-19-01 March 29, 2019 Page 2 of 2 WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS 1. No objection to the subdivision of this property. 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 / WASTEWATER / STORMWATER / GROUNDS / GENERAL / STREETS / SANITATION 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Easements may need to be completed again due to parcel ID changes from this application. 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. Each property shall be served by a single water service line which shall be furnished and installed by the property owner when developed. 3. Hydrant flow testing is currently only performed two (2) times per year during system wide flushing operations. 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. 4. Impact fees may be required for this project when developed. It is the responsibility of the applicant to provide documentation that there were existing dwellings on this site connected to the City’s sanitary sewer and water system. 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. Each property shall be served by a single sanitary sewer lateral which shall be furnished and installed by the property owner when developed. 3. Impact fees may be required for this project when developed. It is the responsibility of the applicant to provide documentation that there were pervious dwellings existing on this site connected to the City’s sanitary sewer and water system. STORMWATER / STREETS / SANITATION / GROUNDS 1. None. 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 SB-19-01 I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/27/19 D S O H V A E L R APPLICATION: Minor Subdivision Plan Lands of Kraft Group Inc. at 1250 W North St FILE #: SB-19-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal: Minor subdivision (Lot 1 16.39 acres and Residual 89.27 acres, Food Production Plant to manufacturing) This office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.

Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 3. Project to be completed per approved Site Plan. 4. Full building and fire plan review is required. 5. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 6. Construction or renovations cannot be started until building plans are approved. 7. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 8. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 27, 2019 T =============================================================== APPLICATION: Kraft Food Group, Inc. (1250 W. North Street) FILE#: SB-19-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The parcel will be required to obtain a Letter of No Objection for the Site/Record Plan and Entrance Plan approval from DelDOT for the proposed development. 2. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to begin the plan review process.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY APRIL 2019 APPLICATION: Kraft Foods Group Inc. at 1250 W. North St FILE #: SB-19-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT 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: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the minor subdivision of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet. 2. This site is located within the Puncheon Run watershed. It will require overmanagement of stormwater on the site.

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF April 3, 2019 PLANNING COMMISSION MEETING OF April 15, 2019 Plan Title: Retail Facility, S-19-07 Plan Type: Site Development Plan Location: East side of South DuPont Highway south of Cowgill Street and north of Public Safety Boulevard Address: 515 South DuPont Highway Tax Parcel: ED-05-077.00-01-12.00-000 Owner/Applicant: Kent Del Properties, LLC Site Area: 0.91 acres +/- Zoning: C-4 (Highway Commercial Zone) Present Use: Vacant parcel Proposed Use: Retail building Building Area: 8,050 SF Parking Required: 27 spaces Parking Proposed: 32 spaces Sewer & Water: City of Dover Waivers Requested: Reduction of Arterial Street Buffer Elimination of Loading Space Requirement Fencing Component of the Opaque Barrier Requirement

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 2 City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: April 3, 2019 APPLICATION: Retail Facility at 515 South DuPont Highway FILE #: S-19-07 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY Review of a Site Development Plan Application to permit construction of a one-story 8,050 SF retail building and accompanying site improvements. The site is currently vacant. The subject area is 0.91 +/- acres located on the east side of South DuPont Highway south of Cowgill Street and north of Public Safety Boulevard. The property is zoned C-4 (Highway Commercial Zone). The owner of record is Kent Del Properties, LLC. Property Address: 515 South DuPont Highway. Tax Parcel: ED-05-077.00-01-12.00-000. Council District 2. Previous Applications In March 2008, the Planning Commission granted conditional approval of a Site Development Plan for the construction of an office building (Application #S-08-08) on this property. The application was originally heard at the February 2008 meeting of the Planning Commission, but was tabled so that the applicant could address concerns as to the orientation and overall architecture of the proposed building. The project was revised, and it is this revised application that the Commission conditionally approved. The plan never achieved Final Plan approval and has since expired. II. PROJECT DESCRIPTION The Site Development Plan shows one main structure to be utilized as a Retail Building, along with associated site improvements. The property is located on the east side of South DuPont Highway. The properties along both sides of South DuPont Highway to the north and south are all zoned C-4 (Highway Commercial Zone) as well. The property immediately adjacent to the north is a motor vehicle service facility. Immediately adjacent to the south (the parcel from which this parcel will be accessed) is a lumber warehouse and retail facility. Across South DuPont Highway to the west are located the Delaware Division of Public Health Offices and a restaurant. The northeast corner of the subject property abuts a small residential area of predominately single family residences zoned RG-1 (General Residence Zone). The applicant has submitted a letter describing their requests for three waivers. The first is a Waiver Request from Article 5 Section 7.33 for the Arterial Street Buffer Requirements, asking that they be permitted a 0 ft. Arterial Street Buffer along South DuPont Highway, whereas Code

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 3 requires a minimum 30 foot Arterial Street Buffer. The second Waiver Request asked for by the applicant is to establish no loading berths on-site, whereas Article 6 Section 4.24 requires that a retail building of 8,000 – 25,000 SF provide a minimum of one (1) loading berth. Finally, the applicant is requesting a waiver from the requirements of Article 5 Section 7.2 pertaining to the fence component of the Opaque Barrier requirements. III. ZONING REVIEW C-4 (Highway Commercial Zone) and Lot & Bulk Standards The development site is zoned C-4 (Highway Commercial Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §16 and Article 4 §4.15. Retail is a permitted use in the C-4 Zoning District. The proposed development meets the setback and Lot Coverage requirements of the C-4 zone; the C-4 zone has a maximum lot coverage of 75%. The standards for C-4, compared with the project proposal, are listed below: Table 1: Required and Proposed Bulk Standards C-4 (Highway Commercial Applicant's Project Zone) Lot area - 0.91 acres (39,523 SF) Lot width (ft.) 150 158.66 Lot depth (ft.) 150 250 Front yard (ft.) 20 75.1 Side yard (ft.) 15 15 Rear yard (ft.) 10 or equal to bldg. height 91.4 Side or rear yards which adjoin a 30 91.4 Residence zone (ft.) Off-street parking spaces Per 300 sq. ft. floor area or 1 27 Per employee (whichever is greater) 1 N/A Stories 6 1 Lot Coverage 75% 74.4% IV. PARKING SUMMARY Off-street parking in the C-4 zone (as noted above in Table 1) must be provided at a rate of one (1) space per 300 SF of floor area or one (1) space per employee, whichever is greater. As the number of employees is not yet determined, this would place the requirement for parking spaces for the 8,050 SF building at twenty-seven (27) spaces. The applicant is proposing thirty-two (32) parking spaces. Waiver Request: Loading Spaces For buildings with retail sales of at least 8,000 SF to 25,000 SF, one loading berth is required. For this project with a total building area of 8,050 SF, the requirement is one (1) loading berths. The plans submitted by the applicant show that no loading berths are proposed for this building. In accordance with the Zoning Ordinance, Article 6 §4.4, the applicant has submitted a written waiver request from the requirements for loading facilities for consideration by the Planning

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 4 Commission. Bicycle Parking Bicycle parking is required at a ratio of one (1) space for every twenty (20) parking spaces. Based on the proposed (32) regular spaces, two (2) bicycle parking spaces must be provided. The plan indicates that two (2) bicycle spaces will be provided on the west side of the retail building. V. SITE CONSIDERATIONS Site Entrance No new access is proposed to South DuPont Highway but rather use of a shared access easement is noted with the existing entrance at the southwest corner. The entrance is to be shared with the neighboring 84 Lumber property. The applicant is showing that a single drive aisle is proposed. It is full access and circles around the building to the north to access the rear parking and dumpsters at the eastern end of the site. Pedestrian Considerations The site is currently served by an existing frontage sidewalk along South DuPont Highway. The Applicant is proposing a new sidewalk to run from South DuPont Highway into the site, providing connected access to the building. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 footcandles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. The plans indicate that lighting is planned for the exterior of the building from four (4) light posts, two (2) at the front (west) of the building, and two (2) at the rear (east). Curbing The upright curbing for the parking lots and drive aisles are subject to the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized throughout the site layout. Dumpsters The plan identifies a location for two (2) dumpster pads but does not indicate the number of dumpster units to be provided or the type of enclosure to be built. Article 5 Section 6.12 requires that a retail building of less than 50,000 SF provide a minimum of two (2) dumpsters for the first 16,000 SF of gross floor area, and one (1) additional dumpster for each additional 16,000 SF of gross floor area thereafter. As the building is proposed to be 8,050 SF a minimum of two (2) dumpster units will need to be provided. A Dumpster enclosure is required to screen the dumpster from view whenever these units are situated so that they will be visible from any public right-of-way or from an adjacent property, as identified in Article 5 Section 6.11. No details for any such enclosure for either dumpster pad is provided.

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 5 Signage A separate Sign Permit application is required to be submitted for review prior to the installation of signage on the property pertaining to the building/site. VI. BUILDING ARCHITECTURE The applicant has submitted some architectural information for the building in the forms of one elevation drawing and one rendering. The Retail Facility is one-story in height and topped by a flat roof. The front (west) elevation seems to indicate the capacity for up to six (6) retail spaces, each with their own entrance. The façade appears to be a combination of materials, with a red brick watertable running along the bottom, and being utilized in six pillar-like vertical elements. The doors and windows are surrounded by a grey siding and capped by six (6) individual red awnings spanning each storefront. Above the awnings, in the place where the signs would be located, is a vertical beige siding. The specific materials of the siding are not identified. The north and south elevations are similarly composed of the red brick watertable at the bottom, with the grey horizontal siding above, and capped with the beige vertical siding at the top. The side (north and south) wall elevations do not contain any windows, doors or similar features, but are left blank. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan set includes a concept for the Landscaping Plan. The total lot area is 39,523 SF; based on this area, fourteen (14) trees are required to meet the tree density requirements of the site. The applicant currently is showing that twelve (12) trees including three (3) Village Green Zelkovas at the front and rear of the site, as well as nine (9) Armstrong Red Maples along the southern edge of the property. The applicant has indicated that there are fifty-nine (59) “plant units” proposed, but only twelve (12) are identified as trees, the remainder being a mixture of shrubs and grasses. Waiver Request: Arterial Street Buffer South DuPont Highway (U.S. Route 13) is considered as a principal arterial street 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. This plan does not provide the required thirty (30) foot wide landscape buffer along DuPont Highway; the proposed parking is immediately adjacent to the right-of-way along DuPont Highway. In accordance with the Zoning Ordinance, Article 5 §7.33, the applicant has submitted a written waiver request from the requirements of the Arterial Street Buffer for consideration of the Planning Commission. Waiver Request: Opaque Barrier – Fence Component The Zoning Ordinance requires a buffer between a residential use and a non-residential use (Article 5 Section 7.2). The buffer has two components: an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. For this project, a buffer is required along a segment of the northeast property line of the parcel. The plan currently does not show either component of the opaque barrier requirement. The applicant has submitted a written waiver request from the fencing component of the Opaque Barrier requirements for the consideration of the Planning Commission.

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 6 IX. CITY AND STATE CODE REQUIREMENTS The subject proposal has been reviewed for code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The loading space requirement shall be complied with unless a waiver is granted by the Planning Commission for the elimination of the loading space. A written waiver request was submitted for consideration by the Planning Commission. 2) An Arterial Street Buffer shall be provided in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request was submitted for a reduction in the Arterial Street Buffer to be considered by the Planning Commission. 3) An Opaque Barrier shall be provided in accordance with the provisions of the Zoning Ordinance as described in Article 5 Section 7. The Planning Commission may only waive the opaque barrier (fence, wall or berm) portion of the buffer; the continuous 6-foot-tall landscape component shall be planted along all residential boundaries. A written waiver request was submitted by the applicant for review by the Planning Commission. 4) Planning Staff is concerned about the site layout and the potential implications on design related to the Arterial Street Buffer, fire protection requirements, and stormwater management compliance. 5) Sheet C-001/Cover Sheet: a. Please include tree density calculations. b. Please change the tax parcel number to read: ED-05-077.00-01-12.00-000 c. Please note the width of South DuPont Highway. d. Please include the Floor Area Ratio calculation. e. Please include the title of the signee. 6) Sheet C-201/Site Development Plan a. Please note the width of the green space provided between the Right of Way and the parking lot. b. Please include details as to the direction, power and time of use for the proposed outdoor lighting c. Please include further detail as to the placement and number of dumpster units to be provided. d. Please include details of the dumpster enclosure, noting the height and material. e. Please include details of the Opaque Barrier requirement along the neighboring residential properties. 7) Sheet L-101/Landscape and Lighting Plan: a. Please include the Developer’s name, address and telephone number b. Please note that the requirement in Code is not for “Plant Units” but for “Trees,” so it should be corrected to read “Trees” Provided, and not “Plant Units” provided. Please also correct the count accordingly as 14 trees are required, and currently only 12 are shown.

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 7 c. Please note the total acreage of the site. d. Ensure tree plantings do not conflict with Utility lines (underground or overhead line). e. Please show the fencing and landscaping as required for the Opaque Barrier along the residential properties. f. Please ensure that the entry/exit of the two parking spaces at the rear southeastern corner of the park lot (one facing south, one facing east) do not conflict with one another. 8) Ensure project design continues to comply with maximum impervious lot coverage limit of 75%. Design changes to meet agency requirements may impact impervious lot coverage. X. RECOMMENDED ADDITIONAL CONSIDERATIONS TO MEET CODE OBJECTIVES In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Waiver Request – Elimination of Loading Spaces: In accordance with Article 6 Section 4.23 related to loading berths required, Staff recommends approval of the request to eliminate the loading space requirement for the retail building. Staff acknowledges that the proposed square footage is just 50 SF over the minimum requirement to provide a loading berth and concurs that the rear parking area would be sufficient for loading activities. Large vehicles (tractor trailers) would not be anticipated to need access for delivery of goods to the site. 2) Waiver Request – Arterial Street Buffer: In accordance with subsection 2.25 related to landscaping, Planning Staff suggests that the Planning Commission consider a partial waiver from the requirements of the Arterial Street Buffer. The applicant should provide landscaping in place of some of the parking spaces at the front of the proposed parking lot, nearest to South DuPont Highway. As the applicant is providing thirty-two (32) parking spaces, which is five (5) more than the required twenty-seven (27), staff believes that some enhanced landscaping can be provided at the front of the building, without requiring the full buffer to be provided for the entire width of the parcel along the south DuPont Highway frontage. The expansion of existing proposed islands or additional islands with trees/plantings will help to fill the requirements of the Arterial Street Buffer. Staff notes that neighboring properties have limited buffer areas on their properties and likely rely on the grass area within the right-of- way. 3) Waiver Request – Fencing Component of the Opaque Barrier: In accordance with Article 5 Section 7, regarding the Opaque Barrier Requirements, Staff recommends approval of the request to eliminate the fence component. Staff concurs with the assessment of the applicant in that landscaping would be a desirable alternative for this segment of the rear property line. 4) Architecture: To further subsection 2.28 related to architectural characteristics of proposed buildings, Staff recommends that the southern and northern elevations include some of the

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 8 architectural features of the front (western) elevation. The inclusion of some vertical elements to break the horizontal features, like including the red brick pillars found on the front façade or simulated window elements, would help to increase the visual appeal. This would be particularly true of the southern elevation which is highly visible from South DuPont Highway and the neighboring properties. Other agencies may recommend additional considerations to meet code objectives in accordance with their areas of expertise. Action on all considerations identified in this section and by other agencies is at the discretion of the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT 1) The Planning Commission should act upon the request for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) In the event that major changes and revisions to the Site Development Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the complex/buildings, relocation of site components like stormwater management areas and site entrances, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 3) In the event that there are changes to the architecture, building footprints, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 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) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. 6) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, parking requirements, etc. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required.

S-19-07 Retail Facility at 515 South DuPont Highway DAC Report of April 3, 2019 Page 9 8) Construction may have an effect on the adjacent property owners. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 9) The applicant shall be aware that Site Plan approval does not represent a Building Permit, Demolition Permits, and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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.

Duffield Associates, Inc. 5400 Limestone Road Wilmington, DE 19808 Phone: 302.239.6634 Fax: 302.239.8485 duffnet.com April 4, 2019 Via Email Ms. Dawn E. Melson-Williams, AICP Principal Planner City of Dover 15 Loockerman Plaza Dover, DE 19901 RE: Project No. 12000.CA (Duffield) Waiver Request – 515 S. Dupont Highway Tax Parcel No. 2-05-077.00-01-12.00-00001 Dover, Kent County, DE Dear Ms. Melson-Williams: Duffield Associates, Inc. (Duffield) is pleased to submit our Waiver Request associated with the Site Development Plan for 515 South DuPont Highway. We are hereby requesting the following waivers be granted by the Planning Commission: Loading Spaces For buildings with retail sales of at least 8,000 SF to 25,000 SF, one loading berth is required per Article 6 Section 4.23 of the Zoning Code. For this project with a total building area of 8,050 SF, the requirement is one (1) loading berths. We are requesting that the Planning Commission grant a waiver from the loading berth for the following reasons: 1) The square footage is slightly over the 8,000 sf for requirement. 2) It is intended that deliveries would be made at the rear of the building in the drive aisle. Thirty feet has been provided for the drive aisle compared to the typical twenty-four feet. The additional 6 feet should allow for vehicles not to be blocked in the parking lot. 3) It is not anticipated that large vehicles will be accessing the site (due to the size of the property). Deliveries should be made by box trucks vs. tractor trailers. Arterial Street Buffer South DuPont Highway (U.S Route 13) is considered as a principal arterial street and requires a thirty (30) foot landscape buffer along the road frontage known as an Arterial Street Buffer according to Article 5 Section 7.3 of the Zoning Code. Enhancing our community one project at a time.

Ms. Dawn E. Melson-Williams RE: Project No. 12000.CA (Duffield) 515 S. DuPont Highway (App #S-19-07) April 4, 2019 Page 2 We are requesting that the Planning Commission grant the waiver to eliminate the thirty (30) foot landscape buffer for the following reasons as listed in Article 5 Section 7.33 of the Zoning Code: 1) The site is only 1 acre in size. For a small sized lot, to enforce a 30 foot landscape buffer would reduce the buildable area and could make the project unfeasible. 2) The surround properties have parking directly adjacent to the right-of-way. By providing the required buffer or any buffer along the frontage, it would be inconsistent with the surrounding built environment. 3) Between the arterial street and the property line is 39 feet, which can contribute to the buffer. Opaque Barrier The City of Dover Zoning Code requires a buffer between a residential use and a non-residential use (Article 5 Section 7.2). The buffer has two components: an opaque barrier consisting of a wooden fence, a masonry wall or an earthen berm and a landscape component. For this project, a buffer is required along a segment of the northeast property line of the parcel. The plan currently does not show either component of the opaque barrier requirement. According to Zoning Code, Article 5 Section 7.24, the Planning Commission can consider a waiver request to eliminate the opaque barrier (fence component) and require only landscaping in cases where noise is not a concern and the vegetation alone is considered a desirable aesthetic alternative. We are requesting that the Planning Commission grant the waiver to eliminate the fencing component of the opaque barrier requirement. The portion of the property directly adjacent to the residential use is 23.98 feet. A fence currently exists on that property separating the two properties. Landscaping in the form of a durable and continuous evergreen planted screen, or a hedge will be provided as required by Article 5 Section 7.24 of the Zoning Code. Please do not hesitate to contact us, if you have any questions or comments with regard to the above items. We appreciate your review of this project and consideration of the requested waivers. Very truly yours, DUFFIELD ASSOCIATES, INC. K. James Taylor, Jr., P.E. Project Manager KJT:acj 12000CA.0419-Dover-WaiverRequest.COR

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: MARCH 27, 2019 APPLICATION: Retail Facility 515 S. DuPont Highway FILE #: S-19-07 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason Lyon, P.E. – 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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. 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. 10. 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. 11. 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. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. 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. 14. 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

Retail Facility at 515 S. DuPont Highway File #: S-19-07 March 29, 2019 Page 2 of 4 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 buildings. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow-up detail of this layout is recommended. 6. The proposed water tap on the existing City of Dover water main shall be completed by wet tap using a tapping sleeve manufactured by Powerseal, model number 3490AS. 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 de-chlorination. 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 water meter shall be installed outside, in a meter pit or vault, on the domestic water service, in a non-traffic bearing location. 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

Retail Facility at 515 S. DuPont Highway File #: S-19-07 March 29, 2019 Page 3 of 4 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, including cleanouts. 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 mains showing that velocity and all other requirements are met. Any projected future flow requirement must be clearly identified. 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”). 8. 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 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 proposed pylon sign shall be placed a horizontal distance of ten feet (10’) away from underground utilities and stormwater infrastructure. 3. 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: https://evogov.s3.amazonaws.com/media/27/media/13111.pdf. WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT

Retail Facility at 515 S. DuPont Highway File #: S-19-07 March 29, 2019 Page 4 of 4 ELECTRIC 1. Please provide estimated load sheets for proper sizing and type of service and proposed Utility plan. 2. There may be possible existing pole and equipment movement required and those costs will be incurred by applicant. WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Public Works directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees may be required for this proposed site plan. 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. Wastewater impact fees may be required for this proposed site plan. 4. 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 / GROUNDS / STREETS 1. None. SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2) 90-gallon recycling containers. 2. Trash collection site shall be oriented for side-loading pick-up if customer is utilizing City of Dover sanitation services. 3. Any commercial customer requiring more containers, or larger containers than provided above, must utilize private 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 S-19-07 I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 03/27/19 D S O H V A E L R APPLICATION: Retail Facility at 515 South DuPont Highway FILE #: S-19-07 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is retail facility (mercantile, if other please advise). 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% (25% if sprinklered) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover TBD of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required.

The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides

Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 14. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 15. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2)

The owner is responsible if the hydrant is private. 16. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 17. Fire Alarm System TBD per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 18. Sprinkler system TBD (plans show 6” fire service on construction details) System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area.

In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 19. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 20. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 21. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment.

22. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 23. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 24. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot,

property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 25. TBD A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 26. 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. 27. Project to be completed per approved Site Plan. 28. Full building and fire plan review is required.

29. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 30. Construction or renovations cannot be started until building plans are approved. 31. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved. 32. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Ensure item # 4 listed above is followed regarding perimeter access 2. Ensure item # 6 listed above is followed if Fire Lanes are required 3. Item # 12 listed above has the following noted: Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de-sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. It appears that the road to the rear of the building is approximately 360’. 4. Plans show 6” fire service into the building on construction details. If a sprinkler is provided or is required ensure item #’s 18-22 listed above are followed (believe that a fire hydrant is on the highway in front of the proposed building) 5. Ensure item # 23 listed above is followed regarding impact protection 6. Ensure item # 24 listed above is followed regarding properly labeling the address/suites 7. Ensure item # 25 listed above is followed if a FAS or FSS is provided APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 27, 2019 T =============================================================== APPLICATION: Kent Del Properties (515 South DuPont Highway) FILE#: S-19-0 7 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The parcel will be required to obtain a Letter of No Objection for the Site/Record Plan and Entrance Plan approval from DelDOT for the proposed development. 2. The developer and the engineer shall submit a pre-submittal meeting request through the PDCA to begin the plan review process.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY APRIL 2019 APPLICATION: Retail Facility at 515 S. DuPont Hwy FILE #: S-19-07 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT 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: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. As the disturbance for this site will exceed 5,000 square feet, a detailed sediment and stormwater management plan must be reviewed and approved by our office prior to any land disturbing activity (i.e. clearing, grubbing, filling, grading, etc.) taking place. The review fee and a completed Application for a Detailed Plan are due at the time of plan submittal to our office. Construction inspection fees based on developed area and stormwater facility maintenance inspection fees based on the number of stormwater facilities are due prior to the start of construction. 2. The following notes must appear on the record plan: • 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 in the proposed Stormwater facility area(s) is required to determine impacts of the seasonal high groundwater level and soils for any Best Management Practice (BMP) design. ADVISORY COMMENTS TO THE APPLICANT: 1. A pre-application meeting was held on March 20, 2019. 2. Green Technologies (infiltration, bio retention, bio swales, filter strips etc.) must be implemented to comply with the Delaware Sediment and Stormwater Regulations. 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.

City of Dover, Delaware 2019 Comprehensive Plan Project Update April 2019 Overview The current Comprehensive Plan for the City of Dover is the 2008 Comprehensive Plan (as amended) as adopted February 9, 2009 and certified. The development of the 2019 Comprehensive Plan is a major goal of the Planning Office (Department of Planning, Inspections & Community Development) for 2018-2019. This project is being completed in-house by City Staff consisting of the Planning Staff who began meeting in February 2018 to initiate work on the project. The last formal Update on the Project to City Council was presented in October 2018. See the 2019 Comprehensive Plan Webpage for project information and the links under “Additional Resources” for documents issued. o https://www.cityofdover.com/2019-comprehensive-plan Project Schedule The Comprehensive Plan was due to the State for Certification on or before February 9, 2019. In order to achieve Certification, the Comprehensive Plan must complete the PLUS Review process and be adopted by the Planning Commission and City Council. In September 2018, the Planning Staff requested an Extension (of the plan submission deadline). On March 12, 2019, the Cabinet Committee on State Planning Issues approved a comprehensive plan extension; with this action, the City’s plan will need to be certified on or before February 2020. The project schedule consists of five basic phases: Information Gathering, Plan & Map Development, Consideration of Plan Recommendations, Formal Review & Adoption Process, and Plan Implementation. The project is in the Plan & Map Development phase. The Plan & Map Development Phase involves Chapter Writing, Review & Preparation of the Map Set, and Development of Goals, Recommendations & Actions. Information Gathering and Consideration of Plan Recommendations are also occurring with various Engagement Events. The continued Consideration of Plan Recommendations Phase involving the General Endorsement of a DRAFT Plan by the Planning Commission and City Council, PLUS Review, and then the Formal Review & Adoption Process are anticipated for Summer 2019. Tasks to Date As part of the Information Gathering Phase and Plan & Map Development Phase, the following tasks occurring from October 2018 through April 2019 are noted: 2019 Comprehensive Plan: Project Update April 2019 Page 1|3

• Biweekly and weekly meetings of the Project Team: Involving review and development of plan text, discussion of Plan elements, review of Maps • Meetings with the City Departments and Divisions as needed • Meetings/Information Gathering with the State Agencies and Other Groups as needed: • Updates and Discussions on Plan with Planning Commission and Historic District Commission at monthly meetings. • Intergovernmental meetings held with Kent County, Camden, Cheswold, and Little Creek. Staff is working to schedule a meeting with the Town of Wyoming. • Release of Preliminary Drafts of select Maps (in October 2018) with on-going review and refinement of Maps. • Release of Preliminary Draft #2A Goals & Recommendations. Released to Planning Commission and Historic District Commission. Also, to be posted on Project Website. Engagement Activities Events & Activities (2018-2019): • Reporting on Evaluation of Goals & Recommendations from 2008 Plan: Reporting of the results of the evaluation task assignment to members of Planning Commission and Historic District Commission. • Survey Questionnaire: A Questionnaire was available June-July 2018 in on-line and paper copy formats. There were over 511 respondents. • Event: “Dover Economic Development Forum: An Economist Vision of Dover” on June 13, 2018, 10:00am-1:00pm at Wilmington University. A panel presentation and discussion on the future of Dover’s economy. • Event: “Understanding Housing Market Trends: Discussion with Realtors and Homebuilders” held on July 11, 2018 at Economic Development Committee Meeting. • Open House Event on the Comprehensive Plan held on August 23, 2018 from 3:00pm to 7:00pm with presentations at 3:30pm and 5:30pm. Over 65 attendees. Presentations, hands-on activities, maps on display for review. • Event: Presentation to Wesley College class and guests held on September 27, 2018 upon request of Adjunct Professor Dr. Tony DePrima. Presentation on Comprehensive Plan process and then interactive discussion on Dover as a “College Town.” • Discussion with City’s Economic Development Committee at multiple meetings in Winter 2019. • Intergovernmental Meetings with Cheswold, Little Creek, Camden, and Kent County. Information Sources: • City’s website includes the 2008 Comprehensive Plan document (plan text and map series). • Created page on City’s website for the 2019 Comprehensive Plan Project. Information is posted on survey results, presentations, and Preliminary Draft documents and maps. o Preliminary DRAFT Land Development Plan Map Series (4 Maps Quadrants A-D: Released 8/23/2018) showing land use classifications for all properties in the City. 2019 Comprehensive Plan: Project Update April 2019 Page 2|3

o Preliminary DRAFT Annexation Plan Map Series (2 Maps Released 10/5/2018) showing Potential Annexation Areas and Potential Land Uses for Annexation Areas. • Email Activated to receive comments on Comprehensive Plan • Ongoing guidance and assistance from the Office of State Planning Coordination • Various information and assistance received from City Department and State Agencies • Received Delaware Population Consortium Annual Projection Series issued October 2018 To Be Scheduled Activities and Outgoing Tasks: • Follow-up/Meetings with City Departments as needed • Follow-up/Meetings with relevant State agencies as needed • Release of Preliminary Draft documents to City Council Committee of the Whole, the Historic District Commission, and other groups for review • Intergovernmental coordination meeting to discuss Plan to be scheduled with Wyoming. • Continue work tasks on Chapter Writing and Map Development • Release of Preliminary Draft #2A Goals & Recommendations document • Preparation of Draft Plan document and Maps • Planning for next Outreach opportunities to public and stakeholders • Review Processes: PLUS Review Submission and formal review processes with Planning Commission and City Council For Review: Preliminary Draft Document #2A Goals and Recommendations The following Preliminary DRAFT Document has been released for review, discussion and comment. See attached item. While the Planning Staff Project Team continues to development the Comprehensive Plan, we are seeking input and comments from various groups, stakeholders, and the public. The City Council and Council Committee of the Whole are encouraged to review this Preliminary DRAFT documents and be prepared for discussion with any comments and questions. • Preliminary DRAFT #2A Goals & Recommendations (Dated 2/28/2018) from the topic chapters. o Chapters include: Natural Resources & Environmental Protection; Historic Preservation; Public Utilities & Infrastructure; Community Services & Facilities; Transportation; Economic Development; and Housing & Community Development. 2019 Comprehensive Plan: Project Update April 2019 Page 3|3